3/3/14
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
Paul McAlduff announced that the Planning Board and Planning Department won the blood donation challenge.
AD Makepeace – River Run Update
Michael Hogan, A. D. Makepeace, announced that the project formerly known as River Run has been renamed Redbrook. Mr. Hogan stated that they have completed the first phase of the wastewater treatment facility and the water distribution facility. Construction of the village green area has begun. There will be a variety of housing styles and stock with a commercial area of up to 60,000 sq. ft. of public space and open space. The occupancy of the 24,000 sq. ft. YMCA is scheduled for 2015. Some of the first buildings constructed will be the meeting house/welcome center and the YMCA which can be expanded up to 75,000 sq. ft. The athletic fields will be open to the community.
Joe Valle, Valle Group, presented architectural prototypes of the style of homes to be constructed. The homes will be approximately 1,750 sq. ft. and there will be several models to choose from. Home construction is expected to begin in early April.
Tom Berkley, A. D. Makepeace project manager noted that the first neighborhood would consist of 40- 50 single family and multi-family homes which will be located off River Run Way. A formal submission will be made within the next few weeks.
Administrative Notes:
Minutes*:
The Board approved the minutes of February 10, 2014 and February 24, 2014 as presented.
ZBA 3739 – Wayne and Stephanie Tupper, 275 Black Cat Road, Map 90, Lot 27-4 – Variance of the area requirements in order to subdivide a pre-existing lot to convey a portion to the abutting neighbor
The Board received the following documentation* for review of this case:
Staff Report
Memorandum from Atty. Robert Betters dated 2/26/14
Letter from Edward Cook dated 2/18/14
Letter from David Morey dated 2/18/14
Letter from Lisa Brini dated 2/24/14
Locus Map
Proposed Lot Line Adjustment Plan dated 1/8/14
The Board recommended approval of Case 3739 to the Zoning Board of Appeals.
Form A Plans*:
The Board determined that the following Form A plan was entitled to endorsement:
A4490 – Carreau Settlement Trust – 532-536 Federal Furnace Road, Map 96, Lots 57-38 and 57-39 – Divide into 57-43 and 57-44
Malcolm MacGregor moved for the Board to approve the Administrative Notes as presented; Tim Grandy, second; the vote was unanimous (4-0).
Bill Wennerberg arrived.
Public Hearing – B583 - Zamperini RDD
100 Sandy Pond Rd/Map 127, Lots 5 and 60-59
Create two lots for existing dwellings, one new residential lot and open space
The Board received the following documentation* for review of this case:
Staff Report
Project Narrative dated 1/17/14
Land Court Decision dated 7/9/13
Locus Map
RDD plan dated 12/9/13, Revised 2/7/14
Paul McAlduff read the public hearing notice and opened the public hearing.
Seated: Marc Garrett, Tim Grandy, Paul McAlduff, Bill Wennerberg and Malcolm MacGregor
Robin Carver reviewed the special permit application for a Rural Density Development (RDD) for property located at 100 Sandy Pond Road. There is an existing single family home on the property and the plan would create an additional single family lot with approximately 2.8 acres of open space. Originally, They were granted a variance for an accessway in order to construct the existing single family home. There was a condition included in the variance that restricted any further subdivision of the lot. They subsequently submitted a request for a subdivision which was denied by the Planning Board. They then applied for a modification of the original special permit for accessway that would remove the condition of no further subdivision which was supported by the Planning Board but denied by the Zoning Board of
Appeals (ZBA). The Zamperini’s appealed the ZBA denial and a judgment was handed down by the Court who requires the Town to issue a special permit for roadway improvements and removed the condition against further subdivision.
Atty. Richard Serkey noted that the plan that was before the Board was the same plan that was previously submitted and that the open space would be held by the Zamperini’s.
Public Comment:
None
Tim Grandy moved to close public hearing; Marc Garrett, second; the vote was unanimous (5-0).
Marc Garrett moved to approve B583 – Zamperini RDD as presented, subject to the following conditions:
The Petitioner agrees to waive his or her right to further subdivide the lots shown as Lots 5-1 and 5-2, 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.
Protective Covenants and Restrictions, Easements or Deed Restrictions shall be imposed upon the property subject to the RDD by the Petitioner in a form acceptable to Town Counsel which shall include the requirement that the open space within the project is to be privately owned and maintained by the homeowner of Lot 5-2, in a manner consistent with conservation, stormwater management and passive recreational purposes, as noted in this decision and as shown on the Approved Plans. The open space contains the western portion of the site and shall remain primarily in its undisturbed natural condition. Structures or uses not associated with those listed herein are not allowed in the open space without the express consent of the Planning Board.
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 evidence of a Municipal Lien Certificate.
Prior to issuance of a Building Permit, evidence that this Special Permit Decision and the Restrictive Covenant or Deed Restrictions in Condition No. 1 have been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board.
Prior to issuance of a Building Permit, four (4) sets of full sized copies of all drawings comprising the endorsed Approval Not Required 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.~ Recording information for the plans shall also be provided.
Prior to issuance of an Occupancy Permit for any individual lot, for Lot 5-1 concrete bounds shall be set at each lot corner, turning points and every 500 feet along straight property lines.
Tim Grandy, second; the vote was unanimous (5-0).
Site Plan Review
Caleb Drive (off Camelot Drive)
The Board received the following documentation* for review of this case:
Staff Report
Draft Rescission of Subdivision Approval
Draft Letter to Town Clerk
Landscape Plans dated 2/12/14
Site Permitting Plans dated December 9, 2013
Lee Hartmann noted that under this site plan review two actions would need to be taken: rescission of the subdivision filed as B300 – Long Pond Industrial Park and a notification to the Building Commissioner that the site plan was approved.
Atty. Richard Serkey informed the Board that under the subdivision, no lots have been deeded out or mortgaged; therefore the Board could rescind its approval. The bylaw allows for multiple structures on one lot provided they are constructed and designed as a unified complex. Once the subdivision is rescinded, the Board could approve a site plan for the first building consisting of a 39,000 sq. ft. “flex” building.
Marc Garrett commented that this is a great example of where a unified complex is a better solution than the 13 lots being developed individually.
Malcolm MacGregor moved to rescind the subdivision (B300 – Long Pond Industrial Park); Bill Wennerberg, second; the vote was unanimous (5-0).
Malcolm MacGregor moved for the Board to notify the Building Commissioner that the site plan will comply with the requirements of the Zoning Bylaw after the following issues are addressed:
The 4’ high chain link fence surrounding the drainage area should be removed.
Prior to issuance of an occupancy permit a Registered Professional Engineer must certify that the drainage system, drive ways, curbing and parking areas have been installed according to accepted practices and in compliance with the Zoning By-law and the approved site plan.
Dumpster location is to be properly screened from abutting properties and public ways.
Split face block, stone, or stone veneer retaining walls are encouraged.
Compliance with the Prevention of Light Pollution Zoning Bylaw must be documented.
A Registered Landscape Architect or other qualified licensed professional must certify to the Building Commissioner prior to the issuance of a final occupancy permit that the required landscaping has been installed in accordance with: the approved site plan, the Zoning Bylaw, and acceptable landscape practices.
The Town Engineer must approve the drainage design and system.
Bill Wennerberg, second; the vote was unanimous (5-0).
Public Hearing – B581 – The Residences at Waverly Oaks
(Cont. from 11/25, 12/16, & 1/6)
Modification of RDD Special Permit, Definitive Subdivision for Phase One and Inclusionary Housing
The Board received the following documentation* for review of this case:
All documentation received at previous meetings
Staff Report/Draft Vote
Letter from Vanasse & Associates dated 2/24/14
Master Plan dated 2/15/14
Spine Scheme Analysis dated 2/26/14
Cluster Scheme Analysis dated 2/26/14
Spine Scheme Analysis dated 2/17/14
Cluster Scheme Analysis dated 2/17/14
Seated: Marc Garrett, Paul McAlduff, Bill Wennerberg, Malcolm MacGregor, and Ken Buechs
Atty. Edward Angley noted that the request for Transfer of Development Rights has been withdrawn. Atty. Angley stated that the revised plans address the concerns of the Board and that information was sent to the Six Ponds Association and representatives of Plymouth Estates.
Tom Ryan detailed why the spine and cluster schemes were not feasible including: insufficient area for septic fields; utility installation to scattered sites would be difficult; the contours and slopes were difficult to work around; installing roads between golf holes would affect the character of the holes and the scattered layout would not create neighborhood communities. Mr. Ryan explained the revisions to the Phase One Plan which consists of 30 units: a portion of the density along Long Pond Road and closest to the school site have been redistributed toward the interior of the site; the golf holes along the school site will remain, a series of walking/bicycle paths will traverse from Forges Field, along Bump Rock Road, interior throughout the site and connect to the existing school path; a new first hole will be located
closer to the existing clubhouse; the driving range will be relocated; there will be two open spaces (one near the clubhouse and one in the middle of the proposed neighborhood; and there will be a new intersection on Long Pond Road. Future phases would include additional single family lots expanding the first phase; a series of single family lots overlooking the new first hole and a series of duplexes closer to the clubhouse.
Atty. Angley noted that the road along the ten lots closest to Long Pond Road will substitute for a sidewalk and create a safe connection for pedestrians and bicyclists.
Mark RIdder stated that during the last couple of months they have worked hard to listen to the Board and address concerns. Mr. Ridder explained that if AD Makepeace does not complete the proposed roundabout at the intersection of Long Pond and Clark roads by the time 25 houses have been constructed, he would provide a temporary right hand turning lane northbound. There will be two calming measures north of the roundabout and to address Fire Department concerns about water, he has agreed to install two 10,000 gallon cisterns.
Lee Hartmann asked if the trails would be available to the public.
Mr. Ridder replied that the paths and trails would be open to the public.
Mr. Hartmann stated that there were four items before the Board: Inclusionary Housing, a Rural Density Development (RDD); modification and approval of a definitive subdivision plan for Phase One (thirty units) and approval of waivers. In lieu of constructing affordable housing on site, Mr. Ridder has agreed to provide $300,000 in a series of payments which is outlined in an MOU.
Paul McAlduff stated that the number of units shown on the plan for Phase One was thirty-three.
Mr. Ridder explained that there would only be thirty units in Phase One, but that the road would be extended slightly for future phases.
Marc Garrett asked where the traffic calming measures would be located.
Jeff Dirk stated that the traffic calming measures most likely be installed between the school and the intersection of Long Pond and Clark Roads.
Mr. RIdder stated that he had agreed to install two raised medians at the entrance, but he could move one or both to provide traffic calming measures at the request of the Town.
Malcolm MacGregor asked where the sewer treatment plant would be and if there were any other areas on site for trail links to the school.
Mr. Ridder stated that the sewer treatment plant would be at the low point near the clubhouse. The topography of the site would make it difficult to create other locations to connect to the school property.
Public Comment:
Joe DeSilva stated that the current revision was an improvement, but he still had concerns with density along Long Pond Road and traffic and safety issues.
Craig Richards, President of Six Ponds Association, was concerned with the long term impacts of the project and future protection of the land so further development is limited.
Mr. Hartmann explained that the maximum number of homes is 75 and the open space will be placed under restricted covenants and subject to the conditions of the special permit.
Leighton Price expressed his concerns regarding the safety for bicyclists using the Claire Saltonstall Bikeway along Long Pond Road.
Bill Wennerberg suggested that line painting could define the bicycle path. He stated that the movie studio that was approved for the site would have had a much greater impact on the site and the surrounding area. He was supportive of the density.
Ken Buechs suggested that Mr. Ridder continue to work with the neighbors regarding the bikeway.
Mr. Garrett felt that the revised plan was a reasonable compromise. He was supportive of adding a condition to the special permit that Mr. Ridder should work with the DPW regarding the location of the traffic calming measures.
Tim Grandy suggested Mr. Ridder should also work with DPW regarding signage, street markings and/or shoulders for the bikeway.
Mr. Wennerberg asked how the payment in lieu of affordable housing would work.
Mr. Hartmann explained that there would be an initial contribution to the Affordable Housing Trust of $30,000 upon permitting of the first unit and payments of $9,642 per each additional unit.
Bill Wennerberg moved for the Board to close the public hearing; Ken Buechs, second; the vote was unanimous (5-0).
Bill Wennerberg moved for the Board to approve the Special Permits for Inclusionary Housing and the RDD, and to modify and approve the definitive subdivision with waivers for Phase One of B581 – the Residences at Waverly Oaks subject to the following conditions:
A modification of these Special Permits and Definitive Subdivision will be required for any future phases.
The Petitioner shall submit revised plans that are consistent with the conceptual layout entitled “Waverly Oaks Revised Master Plan and dated March 3, 2014 and that comply with the requirements of this decision, the Bylaw and the Planning Board’s Rules and Regulations for review by the Fire Department, Town Engineer and the Board’s Consulting Engineer with final review and approval by the Planning Board.
If the proposed modern roundabout proposed for the intersection of Long Pond Road and Clark Road in conjunction with other projects is not under construction prior to the issuance of a building permit for the 25th residential unit authorized by this decision the Petitioner will design and construct a temporary second approach lane on the Clark Road westbound approach to Long Pond Road subject to receipt of all necessary rights, permits and approvals.
Two traffic calming measures shall be installed along Long Pond Road (north of Clark Road and south of Jordan Road). The two measures proposed by the Petitioner are raised intersection medians on Long Pond Road at both site entrances. The final location and type of traffic calming measures shall be approved by the Department of Public Works.
The Petitioner agrees to provide the necessary rights, easements, licenses, etc. necessary to allow general public access to the proposed pedestrian trail/walkway system connecting Forges Field, the Plymouth South School Complex and Long Pond Road .
Signage for said pedestrian trail/walkway system shall be shown on the final plan and approved by the Planning Board.
The Petitioner has agreed to work with the Department of Public Works to design and install signage and street marking in the vicinity of the site that delineate the Claire Saltonstall Bikeway.
The Petitioner has agreed to install two, 10,000 gallon, underground water cisterns of a design and in a location acceptable to the Fire Department.
The Phase 1 open space area shall be shown on the final plan.
The Petitioner agrees to abide by the conditions of the Memorandum of Understanding dated December 12, 2012 and revised (by initials on October 29, 2013) in accordance with Section 205-71 of the Bylaw, and to make payments to the Affordable Housing Trust in lieu of providing Affordable Units on site, as specified therein.
The Petitioner must immediately notify the Department of Public Works and the Planning Department of any work to be conducted within the layout of Long Pond Road.
Vehicle turnaround provisions are needed for the end of the access drive and Waverly Oaks Drive.
The use of sodium chloride for ice control is prohibited.
Prior to endorsement of the definitive subdivision plans:
The proposed centerline of the new roadway will be staked out, and walked by Town of Plymouth Planning staff with the Petitioner or its representatives, to discuss the road and sidewalk layouts that should be included in the final plans.
Conditional upon the payment of the back taxes, interest and fees owed to the Town for the land shown on the definitive subdivision plan, if any. Verification of payment is to be provided to the Planning Board prior to endorsement of the definitive subdivision plans.
The plans will be revised to detail the conditions of this approval, as needed.
Detail or noted minimum standards for photosensitive driveway lamp-posts on each individual lot within fifteen (15’) feet of the road right-of-way shall be shown on the plans.
The plans and drainage designs will be revised to address the concerns of the Town Engineer, Beals and Thomas and other advisory reports, subject to final approval by the Planning Board prior to endorsement of the plans.
Prior to issuance of a Building Permit:
Four (4) sets of full size copies of all drawings comprising the Definitive Subdivision plans 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.
Evidence that (1) the definitive subdivision plans, (2) Protective Covenants and Restrictions (noted below), (3) homeowners’ association (noted below), and (4) this Decision have been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board.
The Petitioner agrees to provide a maintenance program for stormwater facilities at the road, drainage lots, open space or roadway areas to be maintained by the homeowners’ association on said plans or as an exhibit to the homeowners’ association documents.
The Phase 1 RDD as approved is for no more than thirty (30) residential single-family dwelling units. The Petitioner agrees to waive its right to further subdivide the Phase 1 property shown on the Plan pursuant to the provisions of Massachusetts General Laws, Chapter 41, and this shall be noted on the plan, as well as incorporated into the Protective Covenants and Restrictions to be imposed by the Petitioner on the lots within Phase 1. Each deed for a dwelling unit within Phase 1 shall incorporate by reference the Protective Covenants and Restrictions. 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. Said restriction shall be in place prior to the issuance of Building Permits.
The Petitioner has agreed to waive its right to any further residential development of Phase 1 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, and this shall be noted on the subdivision plan, as well as incorporated into the Protective Covenants and Restrictions imposed by the Petitioner on the Phase 1 lots within the RDD development.
The Petitioner shall record a homeowner’s trust and maintenance program, and to provide by way of easement, deed or through a separate covenant, the grant of any such land to the homeowner’s trust or the imposition of easements or rights for the benefit of the homeowner’s trust with respect to the driveway lot, the open space lots, and any drainage facilities and appurtenances which may be in the ownership of the homeowners’ trust, which shall be maintained by the homeowner’s trust, in a form acceptable to Town Counsel.
The roads are private and will not be plowed or maintained by the Town, and shall be owned and maintained by the homeowners trust in a manner consistent with said use.
The open space within the project is to be privately owned and in a manner consistent with golf course use. The open space that serves as natural buffers, shall remain primarily in its undisturbed natural condition. The open space that serves as parks and greens shall be provided with amenities such as walking trails, benches, gazebos and bicycle racks to encourage and enhance the use of these areas. The Protective Covenants and Restrictions noted in the Condition above shall include such restrictions.~ In the event that the trust should no longer be in existence, the disposition of the open space, consistent with the conservation and passive recreation, primarily in its undisturbed natural condition, uses as contained herein, shall be determined through a mutually agreeable alternative as approved
by the Planning Board.
The open space and roads shall be subject to restrictions imposed in the Protective Covenants and Restrictions to be executed by the Petitioner, which shall contain the provisions set forth in this decision, subject to approval by Town Counsel.
Ken Buechs, second; the vote was unanimous (5-0).
Conceptual Review
VOSD – Triangle Pond
The Board received the following documentation* for review of this case:
Site Plan Review Memo dated 2/27/14
Conceptual Site Plans dated 11/22/13, Revised 2/27/14
NHESP Exhibit 1 and 2 dated 11/22/13, Revised 2/27/14
Atty. Robert Betters reviewed the history of Lot 10P-1022B on Map 122. In 2005 a vote of clarification of the open space lots in the Ponds at Plymouth subdivision determined that lot 10P-1022B was not an open space lot and up to 10 dwelling units could be developed on the property. There would be no access to the site through the Ponds at Plymouth. Access would be through an extension of Little Herring Pond Road which has been designated as a Plymouth County Way with an authorized road layout with a 40’ right of way within the property. The conceptual plan includes an 18 ft. wide road with 1.5 ft. wide cape cod berms and 4 inch bituminous concrete which would be the same as the road constructed for the adjacent Carter’s River Farm II. If the proposed VOSD is approved, the proponent would provide
$1,000 per unit for road improvements to Little Herring Pond Road as did the developer of Carter’s River Farm II. The project would also be subject to Inclusionary Housing. There is a cross hatched area on the plan that has a title issue and is not included in the density calculations, but if the title is cleared it would be added to the open space.
Brandon Carr, DiPrete Engineering, presented the conceptual site plan which includes a 1350 ft., 18 ft. wide extension of Little Herring Pond Road with a hammerhead turnaround; stormwater controls designed to current DEP standards; ten 1600 sq. ft. single family structures with a two car garage; drywells for roof run off; private wells; nitrogen loading septic systems; approximately 9 acres of open space; a grass sidewalk along one side of roadway; and a walking path through the development. The plans have been sent to Natural Heritage for review.
Lee Hartmann noted that the public boat ramp that was shown on the plan was not included in the density calculations. The road is a public layout of a county way. Creating an emergency access for this site could be difficult. The site is in an Area of Critical Environmental Concern and a Mapped Habitat area. In addition to the local process, the project will be reviewed by two State agencies. The VOSD allows the ability to create open space. The proposal will be presented to the Cedarville Steering Committee and they have been encouraged to engage the CPC in discussions regarding land acquisition.
Marc Garrett suggested that the State application process should be completed before filing with the Town. Paul McAlduff, Bill Wennerberg and Malcolm MacGregor agreed.
Tim Grandy suggested looking into an alternative to the grass sidewalk and that the amount of the donation toward road maintenance should be discussed.
Malcolm MacGregor suggested creating a pathway easement for walkers and hikers to connect the Ponds at Plymouth through to the park off Hedges Pond Road.
Dennis White asked what the official status of the County layout was. Mr. White did not want the hammerhead to connect to any other developments (existing or proposed) in the area.
Mr. Hartmann explained that the road has been laid out as a public way accepted by the County and that it would be the intention to limit connection to any other development.
Atty. Betters stated that if the consensus of the Board was accepting of the proposed density and the lot layout they would proceed to Natural Heritage.
The Board agreed that the project could be reviewed by Natural Heritage with their support of the conceptual layout and density.
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
1820 Courthouse Update
None
Correspondence:
Paul McAlduff informed the Board that the Building Committee, School Committee and the Board of Selectmen voted in favor of constructing a new South High School as it would be less expense than trying to rehabilitate the existing building.
Tim Grandy moved for the Board to adjourn at 9:10 p.m.; Bill Wennerberg, 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: March 17, 2014
Administrative Assistant
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