These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting. - Open Meeting Law, G.L. c. 30A§22.
Board Members: Marc Garrett, Paul McAlduff, Tim Grandy, Malcolm MacGregor, and Bill Wennerberg
Planning Board Alternate: Ken Buechs
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes:
July 15, 2013
Marc Garret moved for the Board to approve the minutes* of July 15, 2013 as presented; Bill Wennerberg, second; the vote was (3-0-2) with Tim Grandy and Malcolm MacGregor in abstention.
July 22, 2013
Malcolm MacGregor moved for the Board to approve the minutes* of July 22, 2013 as presented; Tim Grandy, second; the vote was unanimous (5-0).
Form A Plans:
A4465 – Edward & Sandra Powers and Grey Shale Realty Trust, River Farm Road, Map 121, Lots 11-5 and 11-22 – Lot Line adjustment to create lots 11-50 and 11-51
A4466 – Andrew Spitzer and Katherine Spitzer, Gunner’s Exchange Road, Map 84, Lots 9-3 and 9-4 – Lot line adjustment to create lots 9-9 and 9-10
A4467 – Stout Commerce Way Trust, Plympton Road and Commerce Way, Map 103, Lots 14F-3 and 14K-167 – Lot line adjustment to create lots 14K-170 and 14K-171
Malcolm MacGregor moved for the Board to determine that A4465*, A4466* and A4467* were entitled to endorsement; Marc Garrett, second; the vote was unanimous (5-0).
Committee Appointments
West Plymouth Steering Committee
The Board received the following documentation* for this appointment:
Planning Board Work Sheet
Letter of Interest from George A Rowe dated July 23, 2013
Marc Garrett moved to appoint George Rowe to the West Plymouth Steering Committee; Malcolm MacGregor second; the vote was unanimous (5-0).
Public Hearing
B574 - 30 Doten Road - Remand
Creation of two residential lots with open space
Paul McAlduff read the public hearing notice and opened the public hearing.
Seated: Malcolm MacGregor, Bill Wennerberg, Paul McAlduff, Tim Grandy and Marc Garrett
The Board received the following documentation* for review of this case:
Staff Report
Engineering Department Comments dated July 29, 2013
Letter from Milton Morris dated July 11, 2013
Order of Remand
Draft Covenant
Fire Department Comments dated July 18, 2013
B574 – Vote to Deny dated December 13, 2012
Site Photographs
Plan of Land dated June 28, 2012, revised October 5, 2012 through March 11, 2013
Lee Hartmann reviewed the history of the request for a Rural Density Development (RDD) consisting of two residential lots with open space that was denied (4-1) by the Board in December, 2012. There were two issues with the proposed RDD: the creation of meaningful open space and whether the site would support a “by right” two lot subdivision. The applicant appealed the denial and the judge encouraged the parties to reach a compromise. The applicant has returned with a revised plan that increases the open space by 7,000 sq. ft., provides 16,000 sq. ft. of no cut buffers and has agreed to conditions and a covenant that would restrict and maintain the open space. Mr. Hartmann stated that staff is supportive with the proposed changes.
Atty. Richard Wainright, representing the applicant, noted that the compromise presented complies with the requirements and the covenant has been drafted with conditions beyond what is required.
Milton Morris, the applicant, noted that the open space has been increased and the no cut buffer will be kept private. Along the driveway, 175 ft. of vegetation and trees will remain and the open space will increase the privacy between lots. There will be a deed restriction in both deeds and the homeowner’s association documents will provide controls for the no cut buffers.
Lee Hartmann stated that there will also be a condition in the special permit to protect the open space and no cut buffers.
Tim Grandy suggested increasing the number of concrete bounds to delineate the no cut buffers and the open space.
Mr. Morris agreed to provide additional concrete bounds.
Public Comment:
Robert Nahill was supportive of the proposed changes, but was concerned with drainage. He noted that there are drainage issues on Doten Road.
Charles Woodward, Professional Land Surveyors Associates, explained that the soils in the location of the house will provide adequate drainage and they are utilizing the existing driveway. The grade and width of the existing driveway will not change. He stated that they cannot solve an existing drainage problem. He stated that if there are any issues on site, trenches could be added off the driveway that would direct the runoff into the wooded area.
Valerie Massard explained that there was a soil analysis that was reviewed during the original permit review process which determined that there is adequate infiltration at the top of the site. A roof drain will take care of any run off issues. It was determined by staff that the by-right two lot subdivision with retaining walls and roadway would have been much more intrusive, but could be constructed.
Mr. Nahill felt that the “by right” subdivision plan that was submitted was not viable; therefore, a special permit should not be issued. He was concerned that creating a pork chop lot on Doten Road would open the door for future development of similar lots that the road would not be able to handle. He appreciated the extra buffering, but was concerned with drainage and density.
Marc Garrett stated that there is a difference of opinion. The proposed by right subdivision would be ugly and expensive, but it could be done.
Beth Nahill stated that Doten Road is narrow and only wide enough for one car to get through and that adding more traffic to the area is crazy.
Tim Grandy moved for the Board to close the public hearing; Bill Wennerberg, second; the vote was unanimous (4-1-0) with Marc Garrett in opposition.
Marc Garrett moved for the Board to approve the plan as presented subject to the following conditions:
Lots 19BO and 19BP are conveyed together with and subject to an easement shown on said plan as "Driveway and Utility Easement" for the stated purpose of access and the provision of all utilities including but not limited to water, electricity, and all electronic or other communications.
Grantee assumes the responsibility jointly and severally with any other grantee for the maintenance of the common driveway servicing lots 19 BO and 19 BP.
All areas on the plan shown as "no cut buffers" shall remain undisturbed except for clearing brush.
Together with a moiety in the open space parcel, Lot 19 BN, shall be held as tenants in common with the owners of lot 19 BO (or 19 BP).
Lot 19 BN shall be kept in its natural state for use solely as passive recreation. No disturbance shall take place except for pathways no wider than 36", and no more that two clearings, no larger than 500 square feet each. No trees over 3" in diameter may be cut to create paths and clearings.
The owners of lots 19 BO and 19 BP shall be jointly and severably obliged to maintain the common driveway including plowing snow and ice.
- No certificate of occupancy for lot 19 BO shall issue until the common driveway has been resurfaced.
- It will be the responsibility of the owners of both lots 19 BO and 19 BP to maintain the common driveway.
The petitioner agrees to waive his or her right to further subdivide the subject property, pursuant to the provisions of Massachusetts General Laws, Chapter 41 and waive its right to any further residential development of the premises that results in a more intense or dense use, regardless of any local, state or federal criteria to the contrary, pursuant to the provisions of Massachusetts General Laws, Chapters 40A and 41, through a Deed Restriction or Restrictive Covenant on the parcels. The term "subdivided" shall include the process of division of the lots into parcels by means of a plan not requiring approval under the subdivision control law. Notwithstanding this provision, the Planning Board may endorse the relocation of any lot lines when consistent with the intent and purpose of this restriction.
Prior to the issuance of a Building Permit for the proposed new building lot, the Petitioner shall record an instrument with respect to permanent restrictions to be imposed on the open space and the subject property as described in Condition No.7. Said instrument shall include a maintenance plan, approved by the Planning Board, for the open space and driveway.
A single shared driveway drive and one curb cut on Doten Road shall be used to access both the existing dwelling and the proposed new dwelling. The Petitioner acknowledges that the driveway is not a public street or way, and shall not be petitioned as such in the future. The Town is not responsible for maintenance or plowing of the driveway.
The Petitioner shall document the deed restriction noted in Finding No. 5 of this Special Permit and shall document how in their opinion the restriction impacts the proposed development for the record.
Prior to endorsement of the Approval Not Required plan:
- Verification of payment of the back taxes, interest and fees owed to the Town for the land shown on the Approval Not Required plan, if any, is to be provided to the Planning Board through a Municipal Lien Certificate.
- Lot numbers must be approved and signed off by the Town of Plymouth Engineering Division.
- A water flow/pressure test will be performed to demonstrate adequate water for the new dwelling is available, as specified through the Town of Plymouth Water Department. Details for the water connection shall be submitted through the Planning Office for the approval of the DPW, and said approved details shall be included in the final plan.
- The Petitioner will return with a final plan to become the Approved Development Plan (the “Plan”) once approved by the Planning Board, and which will be revised to:
- Detail the conditions of the approval, as needed, including appropriate easements for the common drive to two new lots for access; the concrete bounds with metes and bounds, as described in Condition 13b below, shall be shown on the plan; plans and calculations that show, to the extent feasible and with limited impacts to the Open Space, improvements to offset existing drainage from the site which is directed into the Doten Road layout; and access easement for the open space lot for the two house lots;
- Include a mechanism for placement of a new wearing course installation for the driveway prior to occupancy of the proposed new dwelling unit;
- Demonstrate adequate clearance for an emergency vehicle around the loop at the top of the existing drive and on the existing curvature of the driveway (14 feet of tree clearance, adequate room for equipment overhang, using the Town’s emergency vehicle overlay templates as the standard);
- Provide language for a potential trail easement through the open space that may be used by the public if such a connection is contemplated in the future by the Town and only if abutters are noticed and discussion of such a trail easement is held at a public hearing of the Planning Board; and
- Include the water connection detail as approved by the DPW as described in condition 5(c) above.
- All trees between 15’ and 100’ of the Doten Road layout, which are also greater than 10’ from the driveway, will be preserved and this will be shown on the approved plans.
- The Approval Not Required Plan shall make reference to this Special Permit, and will reflect the conditions of the Special Permit with said reference, and will reflect the Approved Development Plan with respect to lot configurations;
Prior to the issuance of a Building Permit for the new building lot:
- The Planning Board shall review and approve the proposed dwelling location and associated site plans, including tree removal, construction of the driveway connection, drainage, grading and erosion control management consistent with the Zoning Bylaw § 205-18.
- Evidence that this Special Permit Decision and the Restrictive Covenant or Deed Restrictions have been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board.
- Evidence of a Street Opening Permit from the DPW for the water service connection shall be provided to the Planning Board and Building Commissioner.
- The Petitioner agrees to stake the open space in the vicinity of construction to the satisfaction of the Planning Board, prior to the start of any earth work at the site. Said stakes are to remain in place until such time as a Certificate of Occupancy is issued.
- Five (5) sets of full sized copies of all drawings comprising the Approval Not Required plan and the Approved Development Plan with one complete set of reproducible plans (mylars) will be delivered to the Planning Board and one (1) electronic copy of the plans shall be delivered in a format acceptable to the Town Engineer.
- A deposit of a minimum $2,000 balance shall be placed into the Town of Plymouth’s contingency account maintained by the Planning and Development Office, and maintained at such minimum balance throughout construction, to cover costs associated with flow pressure tests and inspections by the Planning Board or its designated inspector to ensure compliance with the conditions of this special permit.
Prior to issuance of an Occupancy Permit for the new building lot:
- Evidence that a new wearing course has been placed on the entire drive shall be provided to the Planning Board.
- Concrete bounds shall be set at each lot corner, including the open space lot, turning points and every 500 feet along straight property lines, and concrete bounds shall be placed at all corners, turning points and every 500 feet along straight lines for all of the no-cut buffer areas; and
- Planning staff shall inspect the property prior to ensure compliance with the conditions of this special permit.
Tim Grandy, second; the vote was unanimous (5-0).
ZBA 3717 – 137 Court Street LLC
137 Court Street/Map 14, Lot 37
Special Permits subject to EDC for multi-family use, waive off-street parking (if needed), to waive side setback requirements, to enlarge a non-conforming structure and for Inclusionary Housing or alternatives thereto in order to create 15 residential units
The Board received the following documentation* for review of this case:
Staff Report
Excerpt from the minutes of March 11, 2013
Plymouth Center Steering Committee minutes dated April 4, 2013
MOU with the Office of Community Development dated May 6, 2013
Memo from Design Review Board dated May 15, 2013
Environmental Impact Statement
Lighting Examples (2)
Photo of dumpster enclosure
Locus Map and site photographs
Project Description from OMC Architecture dated August 5, 2013
Wetland Permitting Landcape Planning dated May 15, 2013
Project plans dated August 1, 2013
Atty. Robert Betters began the presentation for a proposed 15 one bedroom unit, residential building at the corner of Court and Murray Streets (14 market rate and one affordable). The Town Engineer raised issues with the drainage on the original plan and revised plans have been submitted. The building design, drainage and on-site parking lot layout have been redesigned. The plans were submitted to the Design Review Board and the Plymouth Center Steering Committee and both are supportive.
Jay McMichael presented the revised site plan showing an existing two-story hip roof colonial structure detailing the addition of two sections and revised parking, egress/ingress and drainage. Mr. McMichael presented the architectural elevations showing views of the building from each direction and the floor plans. The building will have asphalt roof shingles, vinyl siding, and PVC trim with a green, cream and gray color scheme.
Lee Hartmann explained that one of the units would be affordable and the Plymouth Center Steering Committee is supportive. The staff report has a lengthy list of conditions for the Board’s consideration.
The entire Board felt that the façade of the building facing Murray Street needed more articulation and/or additional landscaping to soften the elevations.
Tim Grandy asked if the revised plans have been reviewed by the Design Review Board.
Atty. Robert Betters stated that the revised plans would be reviewed by the Design Review Board on August 14, 2013.
The Board continued the review of ZBA 3717 – 137 Court Street to August 19, 2013.
Conceptual Review – RDD
Diodato/Braley Road –
The conceptual review for Diodato/Braley Road RDD was postponed at the request of the owner and will be scheduled for a future meeting.
Discussion:
44 Seven Hills Road – Recreational Site Plan Review
The Board received the following documentation* for review of this case:
Information on plantings and Water Dept. comments from owner
Memo dated July 16, 2013
Locus map
Monique Creati requested that the Board re-evaluate their conditions for screening of a recreational vehicle that were issued at the meeting on July 15, 2013. Ms. Creati stated that she has talked to several landscape suppliers and found that the white pines are unavailable and would not be an appropriate planting for the area. She also requested that the Board reconsider the requirement to move the parking area 10 ft. into the site as the Water Department has determined that the water line to the house would be too close to the surface and would freeze during cold weather.
Marc Garrett stated that if it was not feasible to move the camper 10 ft. back into the site, that restriction should be removed.
Bill Wennerberg stated that Western Arborvitaes would be an appropriate alternative to the white pines.
Marc Garrett moved for the Board to amend their site plan review for screening of the recreational vehicle at 44 Seven Hills Road as follows: plant seven Western Arborvitaes for screening between the parking area and Seven Hills Road an to eliminate the 10 ft. cut into the site; Tim Grandy, second; the vote was unanimous (5-0).
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
1820 Courthouse Update
Marc Garrett updated the Board on the progress the consultants have made on the plans for the 1820 Courthouse. The proposed plans show an atrium connecting the existing front building to a three story addition. The floor plan will meet the requirements of existing and future needs of the Town Hall departments. Parking needs have not been resolved yet. The current plans do not require the taking of the private residences on Russell Street. The consultants should have a plan ready for the cost estimators by August 15, 2013. The School Department would move to the Town Hall. A public relations piece with interviews by Donna Curtin, Ken Tavares, Bill Keohan, and David Peck has been recorded.
Discussion:
Solar Energy Zoning Bylaw
The Board received the following documentation* for review of this case:
Draft solar bylaw
Malcolm MacGregor presented a draft solar bylaw that provides a set of standards that we would like to adhere to when solar fields are constructed. Solar fields proposed in commercial and industrial areas would require site plan review and in other areas would require a special permit. The proposed bylaw provides definitions, required documentation, design standards, emergency services, land clearing, peer review, segmentation, abandonment issues, and financial security.
Lee Hartmann outlined the process for the proposed bylaw. The public hearing will be held next week prior to presentation to the Board of Selectmen and Advisory and Finance Committee. If the article is supported, it will then go before Town Meeting. Mr. Hartmann asked if the Board wanted to send the draft bylaw to Town Counsel prior to the public hearing.
Marc Garrett suggested that “preservation” should be changed to “protection” or something similar.
Tim Grandy was not comfortable with the proposed setbacks.
Marc Garrett moved for the Board to send the draft solar bylaw to the Energy Committee for their input; Bill Wennerberg, second; the vote was unanimous (5-0).
Correspondence*:
High Rock Cranberry Crescent LLC – Re: Plympton Road
Lee Hartmann noted that the Board received correspondence from the developer of Cranberry Crescent regarding a revegetation plan.
Harald LLC – Re: Earth Removal off Home Depot Drive
The Board received a copy of the MOU as amended with a plan showing the most recent buffers. The gravel removal plan will be going before the Selectmen on August 13, 2013 for their review of the work proposed on Town land.
Malcolm MacGregor stated that he wanted to insure that there is an end use identified.
EBI Consulting – Re: 803 State Road
Mass Development – Re: Rising Tide Charter School
Tim Grandy moved to adjourn at 9:20 p.m.; Marc Garrett, second; the vote was unanimous (5-0).
*On file with the Office of Planning and Development in project case files.
Respectfully Submitted:
Eileen Hawthorne Approved: September 9, 2013
Administrative Assistant
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