12/9/13
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: Paul McAlduff, Tim Grandy, Malcolm MacGregor, and Bill Wennerberg
Planning Board Alternate: Ken Buechs
Staff Members: Lee Hartmann
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes:
November 25, 2013
The Board approved the minutes* of November 25, 2013 as presented.
Form A Plans:
The Board determined that the following Form A plan* was entitled to endorsement:
A4485 – Courtyard Realty Trust II/Peter A Crawley, 15-25 Sandwich Street, Map 19, Lot 226 – Divide to create Lots 226-1 and 226-2
Bill Wennerberg moved for the Board to approve the Administrative Notes as presented; Malcolm MacGregor, second; the vote was unanimous (4-0).
Site Plan Review – Jay Bolduc
23 Meadow Park Road/Map 108, Lot 21-8
Construction of a Storage/Warehouse
The Board received the following documentation* for review of this case:
Staff Report
Letter from Plymouth Airport Commission dated November 14, 2013
Memo from Bill Shaw dated November 15, 2013
Portion of Existing Site Plan
Portion of Proposed Site Plan
Bill Shaw, Associated Engineers, presented a site plan for expansion of a business at the end of Meadow Park Road. The site was partially cleared and graded for a previous development project that was not completed. The proposed site plan includes: construction of a 60’x100’x28’ warehouse/storage building; installation of 35,283 sq. ft. of parking area with cape cod berm; construction of a block retaining wall (maximum height 8 ft.) with guardrail; and a drainage system consisting of two catch basins, two-1,200 gallon oil/grit separators and two overflow spill ways into an isolated Wetland Resource Area. The plans were approved by the Conservation Commission with a condition that requires submission of a landscape plan.
Lee Hartmann stated that the staff report outlines 11 conditions to be addressed. Mr. Hartmann noted that the project may need additional review through the Federal Aviation Administration (FAA).
Malcolm MacGregor moved for the Board to notify the Building Commissioner that the site plan will comply with the Zoning Bylaw once the following conditions are addressed:
The plan set should be revised to depict the elements associated with the parcel under review (e.g. Eliminate the elements associated with 23 Meadow Park Rd)
The plan should include a note specifying the native species seed mix to be used.
The location and species of natural vegetation to be preserved should be depicted on the plan.
The limit of work should be established and depicted on the plan.
Erosion and Sedimentation Control (2) Temporary and (3) Permanent Slope Stabilization, requires that plans should include notes as to how these two (2) requirements are met
A construction period erosion control plan should be prepared and submitted. The plan should include the type of ECB (e.g. silt fence, haybales, compost wattles), the location and an inspection/maintenance protocol for each technology used.
The “pavement section” detail on sheet 6 of 6 should be revised identifying the material proposed for the base and wearing coats.
The plan proposes no landscape elements and should be revised to depict landscaping using a native species palette.
The 35 ft and 100 ft Buffer Zone Resource Area lines should be labeled on sheets 2, 3 and 4.
Sheet 3 of 6 should be revised to exclude the area labeled “Loam” from the sheet, unless it will remain in place in the post construction condition.
The ECB location (s) should be depicted on the plan set and details added to sheet 6 of 6.
Bill Wennerberg, second; the vote was unanimous (4-0).
Site Plan Review – Eben Howland
19 Meadow Park Road/Map 108, Lot 21-7
Trucking Depot
The Board received the following documentation* for review of this case:
Staff Report
Letter from Plymouth Airport Commission dated November 14, 2013
Portion of Existing Site Plan
Portion of Proposed Site Plan
William Shaw, Associated Engineers, presented the site plan for construction of a paved parking depot that would include 56,628 sq. ft. of pavement to accommodate twenty-eight 12’x65’ parking spaces and a drainage system consisting of two catch basins, a 1,200 gallon oil/grit separator and an overflow spillway into an isolated wetland resource area located on the northwest portion of the site. The proposed lighting for the site will have to be reviewed by the Airport Commission.
Bill Wennerberg moved for the Board to notify the Building Commissioner that the site plan will comply with the Zoning Bylaw once the following items are addressed:
The plan set should be revised to depict the elements associated with the parcel under review (e.g. Eliminate the elements associated with 23 Meadow Park Rd)
The plan should include a note specifying the native species seed mix to be used.
The location and species of natural vegetation to be preserved should be depicted on the plan.
The limit of work should be established and depicted on the plan.
Erosion and Sedimentation Control (2) Temporary and (3) Permanent Slope Stabilization, requires that plans should include notes as to how these two (2) requirements are met
A construction period erosion control plan should be prepared and submitted. The plan should include the type of ECB (e.g. silt fence, haybales, compost wattles), the location and an inspection/maintenance protocol for each technology used.
The “pavement section” detail on sheet 6 of 6 should be revised identifying the material proposed for the base and wearing coats.
The plan proposes no landscape elements and should be revised to depict landscaping using a native species palette.
The 35 ft and 100 ft Buffer Zone Resource Area lines should be labeled on sheets 2, 3 and 4.
Sheet 3 of 6 should be revised to exclude the area labeled “Loam” from the sheet, unless it will remain in place in the post construction condition.
The ECB location (s) should be depicted on the plan set and details added to sheet 6 of 6.
Sheets 4 and 5 should be revised to include an identification of the 12’x65’ truck parking spaces.
Malcolm MacGregor, second; the vote was unanimous (4-0).
Conceptual Review
State Road/Map 45, Lots 14-1, 14-2 and 14-3
Proposed VOSD with Inclusionary Housing for 23 Residential Units
The Board received the following documentation* for review of this case:
Letter from Associated Engineers dated December 3, 2013
ZBA Decision # 2163
Locus Map
Handouts: Locus Map
Conceptual Site Plans Alt # 1A and 2 dated December 6, 2013
Atty. Robert Betters, Bill Shaw, Associated Engineers, and Jon Henson, Landscape Architect, on behalf of Rick Vayo, Megryco, presented a conceptual review for a proposed Village Open Space Development (VOSD) consisting of a 23 unit residential complex with open space. The site was previously granted a special permit to convert a portion of an existing building that was previously used as a hardware store into two residential units. The building already had five residential units. Lots 14-1 and 14-3 could each qualify for a duplex building which would bring the market rate unit count for the three lots to eleven units. Two alternatives were presented to the Board, both showing the existing building with an additional sixteen – two story townhouse units in three additional buildings (two six unit
buildings and one four unit building), open space around the perimeter and one curb cut accessing State Road. The existing seven units and four of the new units would be market rate with the remaining twelve units as affordable housing. Alternative one showed a parking area with the units clustered around a pedestrian corridor system and landscaping. Alternative two showed the units disbursed around the parking area with landscaping. There are 16 existing parking spaces with 31 spaces proposed. The site abuts a recreational area on Brook Road.
Rick Vayo noted that the new two bedroom units will be approximately 1,100 sq ft. while the existing building is a mix of one and two bedroom units. The dumpster location, lighting, and a wetland area (approximately 60,000 sq. ft.) were depicted on the site plan.
Malcolm MacGregor suggested adding a crosswalk for pedestrian safety.
Ken Buechs was concerned with the additional traffic in the area and suggested adding traffic calming measures. Mr. Buechs also suggested adding walking access through the site.
Tim Grandy asked if there would the septic system would be on site and whether the buildings would have a fire suppression sprinkler system.
Mr. Shaw replied that the septic would be on site.
Mr. Hartmann stated that a sprinkler system would be required.
Mr. MacGregor suggested considering providing access to Bartlett Brook.
Paul McAlduff suggested reaching out the Manomet Steering Committee.
The Board generally preferred the second option with the buildings surrounding the parking area and looks forward to further review of the project.
ZBA 3728 – AD Makepeace
Frog Foot and East Head Wihonet, Map 126, Lots 7.11.12
Special Permit subject to EDC for gravel removal in excess of 10 cu. yds. in order to construct cranberry bogs and associated infrastructure
Staff Report
Letter from McKenzie Engineering Group dated December 2, 2013
Engineering Dept. Comments dated November 26, 2013
Fire Dept. Comments dated November 20, 2013
Letter from GAF Engineering dated November 1, 2013
Environmental Impact Statement dated November 4, 2013
Locus Map
Site Plans – Figure 1 through Figure 4
Proposed Cranberry Bog Development Plan dated October 21, 2013
Handouts: Letter from GAF Engineering dated December 6, 2013
Map – Exhibit B Development to Date with Associated Mitigation
Phasing Plan dated December 9, 2013
Bill Madden, GAF Engineering, presented the request for special permits in order to remove approximately 6.5 million cu. yds. of sand and gravel in order to construct 136 acres of new cranberry bogs, tailwater recovery ponds and associated infrastructure. A portion of the sand and gravel that will be disturbed will be used on site. The project includes decommissioning of 93 acres of existing bogs and preservation of 350 acres of open space that will be subject to a Conservation restriction. The project has been vetted through the MEPA process which required review by several State agencies. Two truck routes were identified: one would bring the material to a soil blending facility in Carver and the second would utilize Federal Road and travel through Carver and Wareham to Rtes. 28, 25 and 195.
There will be minimal travel on Plymouth roads. Truck trips will include approximately 100 trips per day to the soil blending facility in Carver, 100 trips off site to other destinations and 30 trips for oversight and labor. The project will be developed in four phases: the first phase will create 16 acres of bogs and the second phase will construct the infrastructure. The third and fourth phases will create the remaining bogs. Stabilization will occur as each 40 acre portion is completed which may cross phases during construction. The project will be subject to quarterly inspections for compliance with the special permit if granted. It is predicted that the entire project would take between 10 and 20 years.
Malcolm MacGregor asked if there would be any impact to the Wankinko River and how the location of the 350 acres of open space was chosen.
Mr. Madden explained that the river is to the west of the project area and should not be impacted.
Lee Hartmann stated that the open space area is contiguous to the Miles Standish State Forest.
Bill Wennerberg moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
An erosion control plan shall be prepared and approved by the Zoning Board of Appeals. The plan shall include the locations of the erosion control measures, for the berm around the tailwater recovery ponds, location and detail of the 100 foot bituminous concrete trucking pad including daily sweeping, dust control, and sand washout locations.
stabilized entrance and details etc. as described in the application narrative. Topsoil stockpiles shall be located on the plans with appropriate erosion controls. This information con be provided on construction phasing plans.
The petitioner shall provide the Conservation Restriction Plan and documentation establishing the 300 acre parcel to be permanently protected from further development.
The excavation and trucking of material and/or noise generated by the excavation, operation, engine start-up and trucking of material shall be limited to Monday through Friday. The hours of operation shall be limited to 7:00 AM to 4:00 PM. No excavation activities shall be permitted on holidays.
The Building Commissioner or its duly authorized agent shall have access to the excavation site at all times in order to inspect the site to insure compliance with all approved plans. The petitioner has agreed to pay for quarterly inspections by the Town’s consultant to ensure that the project is in compliance with the conditions of the special permit, the zoning bylaw and best practices (including monitoring associated National Pollutant Discharge Elimination System (NPDES) Permit issued by the Environmental Protection Agency for earth disturbance over a certain square footage).
The Petitioner shall install temporary signs warning traffic of truck entry.
The Petitioner shall permanently stabilize any portions of the site that are not under construction after earth removal activities have ceased for a period of six (6) months.
If all of the above noted conditions are not adhered to, the Building Commissioner may cause all excavation work to cease until the problems identified are corrected.
Prior to the Issuance of a Zoning Permit for gravel removal, the Petitioner shall submit to the Building Commissioner:
A Municipal Lien Certificate shall be provided as evidence of payment of any back taxes, fees or penalties owed to the town, if any; and
Evidence of recording of this Special Permit at the Plymouth County Registry of Deeds or the Land Court.
Installation of site stabilization measures as shown on the erosion control and stabilization plan must be performed in a timely manner, and failure to do so shall be reason for the Building Commissioner to issue a cease work order until such time as the erosion control and stabilization measures are installed according to said plan.
No excavation shall be larger than One hundred (100) acres for earth removal, storage, and/or processing at one time. No more than One hundred (100) acres of the entire sand and gravel operation, and associated earth removal activities, shall be exposed at any time. Prior to the commencement of excavation of any subsequent areas the preceding One hundred (100) acre operation, the preceding One hundred (100) acre operation shall be stabilized either temporarily or permanently.
Minor modifications to the design and location of excavation may allowed by the Building Commissioner (aka Director of Inspectional Services) to accommodate reasonable and/or necessary field conditions which modifications do not amount to a substantial modification of the plans. Such changes as substituting a particular plant material or number of shrubs or trees where it is impractical to do something, or move a structure or machinery in a manner which does not materially change the project, or slightly reconfigure a drainage area may be allowed.
All stationary on-site mechanical equipment shall be placed as far away as possible from existing businesses and homes during its operation.
The Petitioner shall be responsible for the clearing of any sand that accumulates on the heavy equipment route as a result of the excavation of material on a daily basis.
Excavation of materials shall be allowed for a period of two (2) years from the start of excavation. The applicant shall notify the Building Commissioner prior to the commencement of work. Upon completion of the two (2) year period, the applicant shall have sixty (60) days to submit a written request to the Board of Appeals for an extension of the excavation period. The Board of Appeals may deny the request of the extension for any of the following reasons:
Violations of any of the conditions of this special permit;
The work site has been deemed abandoned by the Building Commissioner;
Proper stabilization methods are not maintained; and
Documented violation of agreed upon truck routes.
The Petitioner shall provide an “as-built” survey that verifies that no more than 6.5 million cubic yards of material were removed.
A limit of 100 heavy equipment trips per day on public ways will be the maximum allowed for all earth removal operations for the projects. Every effort shall be made to phase the heavy equipment trips with the other local projects. A heavy equipment trip is defined in the Bylaw as a total of one heavy equipment vehicle entering and exiting the site (Section 205-18G6).
Tim Grandy, second; the vote was unanimous (4-0).
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
B437 – Pinehills:
Street Name Approval – Inverness
Malcolm MacGregor moved for the Board to approve the street name “Inverness” for an extension of Seton Highlands, off Sacrifice Rock Road in the Pinehills Development; Tim Grandy, second; the vote was (3-0-1) with Bill Wennerberg in abstention.
Covenant Release – Skipping Stone
Lots 11-217 through and including 11-136 and 11-237 through and including 11-256
Tim Grandy moved for the Board to endorse the covenant release for lots 11-217 through and including 11-136 and 11-237 through and including 11-256 in the Skipping Stone neighborhood of the Pinehills Development; Malcolm MacGregor, second; the vote was (3-0-1) with Bill Wennerberg in abstention.
B523 – Valley View Preserve RDD
Covenant Extension
Malcolm MacGregor moved for the Board to approve a two year covenant extension for B523 – Valley View Preserve RDD; Tim Grandy, second; the vote was unanimous (4-0).
B560 – Hillside Estates
Lot Release
Tim Grandy moved for the Board to release lots 15-1, 15-2, 15-4, 15-6, 15-7, 15-8, and 15-11, off Shallow Pond Lane; Bill Wennerberg, second; the vote was unanimous (4-0).
1820 Courthouse Update
Lee Hartmann noted that the committee is working on a presentation for a future joint meeting to be scheduled in January.
Correspondence:
Tim Grandy moved to adjourn at 8:37 p.m.; Bill Wennerberg, second; the vote was unanimous (4-0).
*On file with the Office of Planning and Development in project case files.
Respectfully Submitted:
Eileen Hawthorne Approved: December 16, 2013
Administrative Assistant
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