2/10/14
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 Robin Carver
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes:
January 27, 2014
Tim Grandy moved for the Board to approve the minutes* of January 27, 2014; Marc Garrett, second; the vote was (3-0-1) with Malcolm MacGregor in abstention.
B524 – Orchard Hills Subdivision
Covenant Extension*
Marc Garrett moved for the Board to approve a covenant extension for B524 – Orchard Hills; Malcolm MacGregor, second; the vote was unanimous (4-0).
Form A Plans: None
Appointment – Town Engineer
Street Acceptances - Roxy Cahoon Road and Samoset Street
The Board received the following documentation* for this review:
Memo Re: Valley and Roxy Cahoon Roads Layout dated February 6, 2014
Reconstruction Map dated January 16, 2014
Notice of Public Hearing
Proposed Layout Plans dated February 14, 2013
Memo Re: Samoset St (Westerly Rd to Court St) and South and North Park Aves. Layout Alteration dated February 6, 2014
Locus Map dated January 21, 2014
Notice of Intent dated January 27, 2014
Alteration Plans dated November 13, 2013
Sid Kashi, Town Engineer, presented a proposed Town Meeting Article (Art. 22) that would improve the layout of Samoset Street from Westerly Road to the roundabout on Water Street. The improvements include layout alterations, corner widening and modifications, signalization at the intersection with Standish Ave. and installation of ornamental signalization at the Court Street intersection.
Lee Hartmann explained that in 1948 the responsibility of the Board of Surveyors was passed on to the Planning Board. One of the duties of the Board of Surveyors is to make recommendations on street layouts.
Marc Garrett moved for the Board to support Article 22 as presented; Malcolm MacGregor, second; the vote was unanimous.
Mr. Kashi presented a proposed Town Meeting Article (Art. 24) that would improve the road conditions on Valley and Roxy Cahoon Roads from Grace Way to 67 Roxy Cahoon Road. The roads are currently gravel and a safety hazard. Town Meeting action would allow the Town to acquire permanent easements for public way purposes through the eminent domain process. The paving and drainage improvements would be funded in part by a local developer ($200,000) with the remainder from Chapter 90 funds.
Marc Garrett moved for the Board to support Article 24 as presented; Tim Grandy, second; the vote was unanimous (4-0).
Public Hearing:
B582 – Island Pond Estates VOSD
Off Raymond Road, Map 59, Lots 4, 5, & 6-1 and Map 122, Lots 10P-1019, 10P-1020 and10R-2L – Divide to create 29 residential lots
Board received the following documentation* for review of this case:
Staff Report
Beals & Thomas Comments dated February 4, 2014
Fire Department Comments dated January 9, 2014
Engineering Department Comments dated January 24, 2014
Environmental Notification Certificate dated January 18, 2014
Project Narrative dated December 30, 2013
Requested Waivers
Environmental Impact Statement
Letter from DEP dated January 9, 2014
Definitive VOSD Subdivision Plans dated December 18, 2013
Paul McAlduff read the public hearing notice and opened the public hearing.
Seated: deferred to continued hearing.
Mark Flaherty, Flaherty and Stefani, Inc., requested a continuance in order to have five Board members present.
Malcolm MacGregor moved for the Board to continue the public hearing to March 17, 2014 at 7:15 p.m.; Marc Garrett, second; the vote was unanimous (4-0).
Discussion:
Site Plan Review
The Board received the following documentation* for this review:
Draft Site Design Guidelines
Lee Hartmann presented the draft site design guidelines that Goody Clancy has compiled into a usable, readable document. Mr. Hartmann requested comments and suggestions from the Board on the draft document and asked the Board to consider what the next steps should be. The document does not contain mandatory requirements and therefore does not have to be added to the Zoning Bylaw. The guidelines could be made available by vote of the Board or become part of the Subdivision Rules and Regulations through a public hearing process.
Marc Garrett felt that the document should be referenced in the Zoning Bylaw which would require a public hearing process and Town Meeting action. Mr. Garrett stated that the Board of Selectmen, Zoning Board of Appeals, Design Review Board and Town Meeting members need to know about this document. He suggested hosting a workshop and discussion session for the various Boards, Town Meeting members and any other interested parties.
Mr. Hartmann stated that the site design guidelines are advisory only and would not be enforceable as part of the Bylaw. He felt that the guidelines would be a tool for developers if adopted by the Planning Board and Zoning Board of Appeals. The guidelines would become part of a project review process, but could not be used as a reason for denial.
After some discussion, the Board agreed to schedule a workshop after April 28, 2014, to present the draft document to various Boards, Committees, Town Meeting members and any other interested parties.
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ZBA 3734 – Indian Realty Inc.
1929 State Road, Map 61, Lots 6A-1 and 6A-3 (cont. from 1/13/14)
Special Permits subject to EDC to remove gravel in order to construct a maintenance barn, recreational/athletic fields & supporting equipment shed to enhance existing recreational campground activities at Indianhead Resort
The Board received the following documentation* for review of this case:
Limits of Excavation Elevations/Cross Sections
Plans revised through January 21, 2014
Petition against Indianhead Realty, Inc.
Letters from Atty. Danehey dated January 16 and 24, 2014
Staff Report
Beals & Thomas Comments dated January 6, 2014
Engineering Dept. Comments dated January 7, 2014
Fire Dept. Comments dated December 16, 2013
Letter from Paul Martino dated January 6, 2014
E-mail comments from Peter Schwartzman dated January 6, 2014
E-mail comments from Friends of Ellisville Marsh Inc.
Letter from Marion Crocker
Comments from Ellen Russell and Peter Foley dated December 29, 2013
Letter from Paula Marcoux and Preston Woodburn dated January 1, 2014
Proposal for Recreational Facility
Site Photographs
Handouts: E-mail from Bob Goldthwaite
Cedarville Steering Committee Comments
Letter from Martin and Sheila Kashar dated February 9, 2012
Letter from Daniel and Maureen McGrath dated February 8, 2012
Letter from Robert and Cynthia Flynn dated February 7, 2012
Letter from Don and Christine McIver dated February 7, 2012
Letter from Brian Williams dated February 5, 2012
Letter from Eric Smith dated February 2, 2012
Atty. John Danehey noted that a site visit was held for the Board members. Atty. Danehey stated that revised plans have been submitted based on the Board’s comments. There is an existing campground associated with the site and Mr. Churchill is seeking permits to remove gravel in order to construct recreational fields and a maintenance facility. The financial gain from the gravel removal would provide funds to create the recreational fields, upgrade campground sites and amenities and construct the maintenance facility and a small residence. There will be a 200 ft. buffer from State Road and a potential vernal pool. The project will maintain appropriate setbacks from the well, well head, Zone 1 and a potential vernal pool as well as Herring Brook. The proposed excavation is approximately 280 ft.
from the ACEC; 300 ft. from the brook; 200 ft. from the path; 510 ft. from Old Sandwich Road and 850 ft. from the salt marsh. Slopes are proposed at 2.5:1. Atty. Danehey explained that the closest residence is 351 ft. with the closest residence across State Road at 435 ft. The Board received cross sections showing the limits of excavation at two different angles. Atty. Danehey suggested that in order to address concerns regarding use of motorized vehicles the Board could add a condition that would prevent access to the recreational area. The walking path will provide access to Old Sandwich Road and Ellisville Park. There is an existing borrow pit on the site that is used for campground maintenance and the proposed maintenance barn will be used for equipment associated with the campground and recreational facility. He explained that the drainage will not impact the marsh or the brook; dust suppression measures will be implemented; and while
there will be some noise from the trucks backing up, that is a Federal safety requirement. He also noted that the trucks would approach the site from the south and exit the site to the south.
Lee Hartmann noted that request for a special permit is for the gravel removal and that the proposed end use of recreational fields would be accessory to the campground and may not require a special permit.
Public Comment:
In Favor:
None
In Opposition:
Atty. William Abbott, representing several abutters, Joe Whalen, Paul Smith, Paul Martino, and Rosemary Smith.
Their concerns included environmental issues, noise pollution, public safety especially on Route 3A, and the negative impact to surrounding neighborhoods.
Marc Garrett was appreciative of the updates from the proponent, but was not convinced that the volume of gravel to be removed was necessary for the end use. Mr. Garrett suggested that building architectural’s should be required as a condition of the special permit if granted and a condition should be added to prohibit the use of motorized vehicles on the recreational area of the site. He also noted that improvements to the turning radius into and exiting the site should be redesigned.
Tim Grandy mirrored Mr. Garrett’s comments, suggesting that the amount of gravel removed should be reduced; the entrance should be adjusted; building elevations should be provided and motorized vehicles should be prohibited.
Paul McAlduff expressed his concerns with the safety of the truck traffic on Route 3A. He also agreed with Mr. Garrett and Mr. Grandy regarding the other issues.
Malcolm MacGregor moved for the Board to recommend denial to the Zoning Board of Appeals (ZBA) based on the following reasons and that if the ZBA grants the special permit, the following conditions should be included:
REASONS:
The proposed sand and gravel removal activity is allowed by special permit in this zone, but is not appropriate for this specific site. A commercial sand and gravel excavation operation is not in keeping with the rural nature of the neighborhood, the existing recreational campground use or the bordering Area of Critical Environmental Concern.
The Petitioner has not adequately demonstrated that the amount of material to be removed is "incidental to and required" to allow the recreational area to be conducted. The Zoning bylaw defines "incidental to and required" to be only of the amount of material reasonably necessary to allow a use or a structure or subdivision road to be constructed in compliance with the applicable legal requirements for such use, structure, or road.
An expansion of this pre-existing non-conforming use to include a commercial gravel mining operation will be substantially more detrimental to the neighborhood than the existing recreational campground.
There will be hazard to pedestrians or vehicles from truck traffic entering and exiting the site.
This commercial gravel operation and associated truck and heavy equipment operations will be a nuisance and have adverse effect upon this rural neighborhood.
The Petitioner has not adequately demonstrated that the removal of 499,000 cubic yards of material is the minimum necessary to construct the proposed recreational facility or that are no other feasible finish grade alternatives exist that will reduce the amount of material required to be removed.
CONDITIONS:
Should the Board of Appeals grant this petition the following conditions are recommended:
The issues identified in the Beals and Thomas report dated January 6, 2014 and February 11, 2014 must be addressed to the satisfaction of the Zoning Board of Appeals.
The State Road entrance shall be redesigned to ensure that vehicles entering and exiting the site do not cross into the opposite direction travel lanes.
The final design of the maintenance building shall be reviewed by the Planning Board and approved by the Zoning Board of Appeals.
Mechanized (battery operated vehicles are acceptable) recreational vehicles shall not be permitted in the campground, trails or recreational facilities.
Prior to issuance of a Building Permit:
Any work subject to the purview of the Conservation Commission must obtain appropriate permits;
Petitioner shall return on an informal basis with exterior lighting plan, if any, for the expansion area, which shall demonstrate consistency with Section 205-65, Prevention of Light Pollution, of the Bylaw and must be approved by the Board of Appeals.
Use of the athletic fields with associated maintenance facility, mountain bike area and equipment shed shall be restricted to individuals who are currently camping at the facility, and their guests.
Prior to the start of excavation at the site, temporary signs warning traffic of truck entry shall be installed for safety as determined by the Police Department and will be approved by the Director of Inspectional Services.
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 the Special Permit at the Plymouth County Registry of Deeds or the Land Court.
The Building Permit plans must include any proposed use of on-site processing equipment. The size and location, as well as measures, to minimize the impacts of noise, vibrations, and dust generated from such equipment must be detailed.
A limit of 40 truck trips per day will be the maximum allowed for all earth removal operations for this project.
The excavation and trucking of material and/or noise generated by the excavation 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 Petitioner has agreed to allow access to the site for periodic inspections by the Town or its designated representative, and to cover the costs of said inspections through the contingency account managed by the Planning Office. All funds not expended during the construction project shall be refunded upon satisfaction of all conditions and completion of the work.
The Petitioner shall provide an “as-built” survey which verifies that no more than 499,000 cubic yards of material were removed.
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 State Road as a result of the excavation of material on a daily basis.
During construction, monthly statements are to be submitted by the Petitioner to the Building Commissioner from a Registered Professional Engineer stating that the provisions of the Special Permit are being followed.
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.
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.
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.
Marc Garrett, second; the vote was unanimous (4-0).
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
1820 Courthouse Update
Marc Garrett stated that he has been asked by the Town Manager to ask for the Board’s support of the Article before Town Meeting that would authorized the expenditure of $35 million plus or minus for restoration of the 1820 Courthouse and portions of the 1857 building, demolition of the rest of the site including the former police station and reconstruction of a 60,000 sq. ft. Town Hall facility. There are several initiatives that are being sought: The Community Preservation Committee (CPC) has proposed a Town Meeting Article for $5 million for the historic restoration of the courthouse building; a petitioned Town Meeting Article to take another vote on dedicating the meals tax to the restoration; appraisals for sale of Town properties and alternative funding streams. The meals tax would cover 90-95 percent of the
cost in the worst case scenario or the entire cost. There would be a sunset clause to the year 2040 for use of the meals tax.
Bill Keohan, CPC Chair, stated that the appraisals for the proposed Town properties that are being considered for sale should be completed the middle of this week and a range of values will be determined.
Marc Garrett moved for the Board to recommend support of the proposed Town meeting Articles for the Capital request and the CPC funding for the restoration/reconstruction of the 1820 Courthouse; Tim Grandy, second; the vote was unanimous (4-0).
Executive Session:
To discuss strategy with respect to litigation B576 – Gunning Point
Paul McAlduff announced that the Board would enter into Executive Session to discuss strategy with respect to litigation regarding B576 – and would not be returning to regular session.
A Roll Call vote was taken: Malcolm MacGregor – yes; Tim Grandy – yes; Marc Garrett – yes; and Paul McAlduff – yes. Roll Call: all yes.
The Board adjourned to Executive Session.
*On file with the Office of Planning and Development in project case files.
Respectfully Submitted:
Eileen Hawthorne Approved: March 3, 2014
Administrative Assistant
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