March 17, 201es
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*:
March 3, 2014
Malcolm MacGregor moved for the Board to approve the minutes of March 3, 2014 as presented; Bill Wennerberg, second; the vote was unanimous (5-0).
Form A Plans*:
A4491 – Leonard Polluci Trust and Walter Kelly, 258 Rear Court Street, Map 9, Lot 18A, 21B and 22 – Lot line adjustment to create two lots
Bill Wennerberg moved for the Board to determine that A4491 was entitled to endorsement; Malcolm MacGregor, second; the vote was unanimous (5-0).
Appointment – Sid Kashi, Town Engineer
Carver Road Acceptance
The Board received the following documentation* for this appointment:
Memo from Sid Kashi, Town Engineer dated March 12, 2014
Locus Maps
Notice of Public Hearing
Lee Hartmann presented a road layout plan to the Board in their capacity as Board of Surveyors. The plan detailed a 40 to 60 ft. wide roadway layout for a portion of Carver Road along the Cranberry Crescent parcel (Map 105, Lot 1-27). Easements will need to be obtained from the owners of Cranberry Crescent and three abutters. The plan will be presented at Spring Town Meeting.
Bill Wennerberg moved for the Board to support the road layout for Carver Road as presented: Tim Grandy, second; the vote was unanimous (5-0).
Committee Appointment
Manomet Steering Committee
The Board received the following documentation* for this appointment:
Planning Board Committee Selection Worksheet
Letter from Alice Baker dated February 28, 2014
Tim Grandy moved for the Board to appoint Alice Baker to the Manomet Steering Committee; Bill Wennerberg, second; the vote was unanimous (5-0).
Public Hearing – B582 – Island Pond Estates VOSD
(Cont. from 2/10) to be continued to 3/24/14 at the applicant’s request
29 Residential lots with open space off Raymond Road
The Board received the following documentation* for review of this case:
Letter from Flaherty & Stefani, dated March 11, 2014
Marc Garrett moved for the Board to continue the public hearing to March 24, 2014 at 7:30 p.m.; Malcolm MacGregor, second; the vote was unanimous (5-0).
Site Plan Review – Piney Wood Cranberry Co, Inc.
969 Federal Furnace Road, Map 99, Lot 1C
Transfer of Development Rights (TDR) Certificates (20)
The Board received the following documentation* for the site plan review:
Staff memo dated March 12, 2014
Project Narrative
Land listings
Locus Map
Schematic Subdivision Plan Parcel 1 dated November 27, 2013
Don Bracken, Bracken Engineering, presented a preliminary subdivision plan and a proposal that would create 20 Transfer of Development Rights (TDR) certificates while protecting 110 acres from residential development on property shown on Map 99, Lot 1C. The entire parcel is 151 acres in size and has existing cranberry bogs. The owners would like to reserve the rights to increase the agricultural use on the site. Mr. Bracken stated that staff has suggested reducing the number of TDR certificates to 10 if the owners are not going to put a conservation restriction on the sending area. He noted that the airport is supportive of limiting residential development on the site.
Robin Carver noted that the development restriction would not become permanent until the certificates are landed (through the special permit process) on another property.
Lee Hartmann stated that staff was comfortable supporting half the number of certificates (10) if there was only going to be a residential development restriction on the site, but agricultural related uses would be allowed.
Marc Garrett questioned whether the road as shown on the preliminary plan could be located so close to the access for South Meadow Village. Mr. Garrett was concerned that a conservation restriction could not be placed on the land and that another mechanism to limit residential development might not be binding or permanent.
Mr. Hartmann stated that the access to South Meadow Village is not a road, but a driveway and confirmed that a road could be constructed that close to a driveway.
Mr. Bracken stated that the language for the restriction would be similar to the one that the Airport entered into recently that restricted development but allowed for expansion of the cranberry bogs.
Mr. Hartmann stated that the details of the restrictions would be outlined in the special permit vote and a covenant.
Malcolm MacGregor felt that granting the TDR certificates would set a bad precedent and goes against protection of the land.
Bill Wennerberg agreed that the land should be protected if the TDR certificates are granted.
Tim Grandy asked if the land was maximized for cranberry operations how much gravel would need to be removed and if the site could be used for other agricultural uses.
Mr. Bracken did not have calculations regarding gravel removal.
Marc Garrett asked how the pumping for upland bogs would affect existing bogs.
Mr. Bracken stated that they have not gone into the level of detail it would take to determine how the pumping would affect the existing bogs.
Public Comment:
Gus Diodato stated that the proposal sounded like double dipping – creating the TDR certificates to transfer development elsewhere while still being able to remove sand and gravel.
Malcolm MacGregor moved to deny the request for TDR certificates on this property as the active agricultural use and potential gravel removal does not protect the land in its natural state. The bylaw requires that the sending parcel shall have a permanent conservation restriction placed on it; Bill Wennerberg, second; the vote was unanimous (5-0).
Public Hearing – B585 – Breezy Hill
Off Cherry Street/Map 4, Lots 60 & 61
32 Multi-family dwelling units with open space
Paul McAlduff read the public hearing notice and opened the public hearing.
Seated: Marc Garrett, Tim Grandy, Paul McAlduff, Bill Wennerberg and Malcolm MacGregor.
The Board received the following documentation* for review of this case:
Staff report/draft vote dated March 13, 2014
Locus Map
Engineering Dept. Comments dated March 6, 2014
Fire Dept. Comments dated February 13, 2014
North Plymouth Steering Committee Comments dated February 12, 2014
Letter from Beals & Thomas dated March 10, 2014
Letters (3) from Bracken Engineering dated March 12, 2014
Letter from Bracken Engineering dated January 29, 2014, updated March 11, 2014
Tech Sheet#1 dated November 2012
Memo from MDM Transportation Consultants, Inc., dated June 25, 2013, revised March 12, 2014
Proposed VOSD Site Development Plan dated December 19, 2013, revised March 12, 2014 (11 sheets)
Locus Deed
Letter from HML Associates dated November 8, 2012
Flow Test Results from ETM Fire Protection LLC
Excavation Impact Report
Construction Management Plan
Building Elevations
Building Floor Plans
Environmental Impact Statement and Supporting Documentation dated December 19, 2013
Atty Robert Betters presented the request for two special permits (Village Open Space Development and Inclusionary Housing) with related waivers for B585 - Breezy Hill. The project would include 32 two-bedroom units with 3 affordable units and open space on the 5.3 acre parcel. It is intended that the open space be deeded to the Town. There will be a walking path to the open space and the nearby Russell Sawmill Conservation land. The MOU for Inclusionary Housing includes an alternative that allows a payment of $300,000 (6 payments of $50,000 each) in lieu of constructing the affordable units on site. Atty. Betters noted a few corrections to be made to the staff report. He stated that the architecture for the structures would be similar to the project the developer constructed on Hedge Road and the
developer has agreed to provide shutters on the rear of the structures facing Cherry Street.
Marc Garrett commented that concrete bounds should be placed around the designated open space.
Zachary Basinski, Bracken Engineering, presented the site plan for the project. The proposed buildings were located toward the front of the site in order to protect the perennial stream on the site. There will be 5 buildings – 3 eight unit buildings and 2 four unit buildings. Utilities will be installed underground and include Town water and sewer and natural gas. There will be two driveways with adequate site distances. The northern driveway will be exit only. The parking and lighting proposed are in compliance with the bylaw. There will be bounds along the open space and signage will identify the resource area.
Jon Henson, Landscape Architect, detailed the landscaping design for the project. There will be an evergreen buffer along Cherry Street as well as a drainage swale and earthen berm of 12-20 ft. height. The landscape plan includes island plantings in the angled parking area, plantings between units, disturbed areas will be planted with a natural mix, foundation plantings, retention of existing vegetation at the perimeter of the site and a detention area at the western end of the site will become a rain garden. The existing large oak tree close to Cherry Street will remain.
Malcolm MacGregor asked where the drainage from the pavement would be captured. Mr. Basinski replied that there will be two subsurface systems that will capture the parking area run off.
Barry Tassinari presented pictures of the project on Hedge Road and noted that each two-story unit would be approximately 1300 sq. ft. They will be two bedroom 1.5 bath units. The structures will be vinyl sided in order to minimize maintenance.
Robin Carver outlined the waivers requested for the project which include a waiver of fire access to the rear of the buildings located furthest from Cherry Street, a waiver to construct on a slope that exceeds 15%, to maintain and reuse the existing northerly curb cut on Cherry Street and a waiver of front yard setbacks. The North Plymouth Steering Committee has reviewed the project and is supportive.
Public Comment:
Peter Facetti was concerned with the drainage on the site.
Gus Diodato felt that the project was too dense for the site.
Doris Johnson urged the developer to create rental units instead of condominiums.
Everett Malaguti was concerned with density and traffic issues. He expressed a preference for condominium units.
Robert Spencer was concerned with the traffic on Cherry Street.
Joseph Pereira was concerned with the safety of those exiting the blind driveways near the curve on Cherry Street and expressed a preference for condominium units.
Mr. Hartmann noted that a traffic study was done, peer reviewed and reviewed by DPW and found to be adequate. He suggested that additional signage in the area could be discussed with DPW.
Tim Grandy stated that he would rather see the affordable units constructed on site and asked where the fire access was limited.
Mr. Basinski replied that the fire access is limited to the rear of the buildings closest to the perennial stream. He noted that those buildings would have fire suppression systems.
Bill Wennerberg, Marc Garrett, Ken Buechs and Paul McAlduff also preferred to have the affordable housing constructed on site.
Mr. Garrett suggested relocating some of the plantings on the west side of the northern driveway in order to create better sight lines.
Mr. MacGregor was supportive of the proposed trail and suggested signage to mark the way to the conservation area and possibly providing a parking space. He was not supportive of the proposed density of the project.
Ken Buechs felt the density was too intense for the site and was concerned with the fire apparatus not being able to access all sides of the buildings.
Mr. Hartmann explained that the Fire Dept. reviewed the plans and were supportive. He also noted that the site is zoned for multi-family units which allows for a higher density than other areas of town.
Paul McAlduff was supportive of the units being rental.
Marc Garrett moved to close the public hearing; Bill Wennerberg, second; the vote was unanimous (5-0).
Malcolm MacGregor suggested that the alternative payment in lieu of affordable housing should be kept in the MOU to allow flexibility.
Mr. McAlduff stated that they would have to provide a compelling reason for the Board to agree to a payment in lieu of the affordable housing on site.
Bill Wennerberg suggested adding additional trees to the site in and around the buildings and to increase the height and caliper of the trees.
Ken Buechs suggested that some of the trees planted along Cherry Street should be cherry trees.
Bill Wennerberg moved for the Board to approve the VOSD and Inclusionary Housing special permits with requested waivers for B585 – Breezy Hill subject to the following conditions:
Prior to the issuance of a zoning permit, the Petitioner shall revise the final site and landscape plans to address the conditions noted below. Said modifications shall be approved by the Planning Board at an informal hearing.
The Petitioner will decrease the parking spaces depth from twenty (20’) feet to eighteen (18’) feet in order to increase the sidewalk width from four (4’) feet to six (6’) feet within the parking areas.
The landscape berm located along Cherry Street shall be altered and a tree well shall be installed to preserve the existing mature oak tree located just off of Cherry Street.
Window shutters shall be added to the rear of the buildings facing Cherry Street (i.e., Buildings D and E shown on the site plan).
All proposed deciduous trees shall have a minimum caliper of three (3”) inches.
A cluster of six (6) or seven (7) trees (three (3”) inch caliper) shall be added to the open area between Cherry Street and Buildings D and E to break up building massing and roof lines.
Nine (9) additional three (3”) inch caliper trees shall be added throughout the site around the buildings to break rooflines and massing.
To allow for better visibility and improved sight line of Cherry Street, the proposed tree and plantings located at the west side of the northern access point shall be relocated to other locations on the site.
The Petitioner has agreed to work with the Department of Public Works to identify and install appropriate signage at Cherry Street to identify for vehicles the shape curve on Cherry Street.
The Petitioner shall provide adequate markings and signage identifying the walking trail.
The proposed driveway shall be given a name approved by the Planning Board for 911 emergency identification purposes.
The Petitioner agrees to record a covenant or other instrument detailing the creation of a homeowner's trust or association, and to provide the imposition of easements or rights for the benefit of the homeowner’s trust with respect to drainage facilities and appurtenances, drainage lots and roadway areas to be maintained by the homeowners trust or association in a form acceptable to Town Counsel. Said covenant or instrument shall be in place prior to the issuance of Building Permits.
The Petitioner agrees to waive its 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.
Upon approval of the final site and landscape plans described in Condition 1 above, the Petitioner shall:
Provide verification of payment of the back taxes, interest and fees owed to the Town for the project land is to be provided to the Planning Board through a Municipal Lien Certificate.
Provide evidence of recording of this decision at the Plymouth County Registry of Deeds.
Prior to the Issuance of a Building Permit:
Provide five (5) sets of full sized copies of all drawings comprising the plans 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 phasing schedule will be provided by the Petitioner that may be modified by the Planning Board at an informal hearing.
An initial deposit in the amount of $2,000 shall be deposited with the Planning Board for retainer of a consultant. The Petitioner shall provide for the costs, if any, for the Town to retain a review consultant on an as-needed basis for review and construction administration services related to the construction of the road improvements, which shall be inspected in stages.
A Zoning Permit must be issued.
Prior to site grading in preparation for the work conditioned herein, the Petitioner shall provide the Building Commissioner and Planning office with the name and contact information for the individual(s) overseeing the work at the site.
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 and desist order until such time as the erosion control and stabilization measures are installed according to said plan.
Minor modifications to the design and location of buildings, parking, landscaping and other site elements may be allowed by the Building Commissioner (aka Director of Inspectional Services) and Planning staff to accommodate reasonable and/or necessary field conditions which modifications do not amount to a substantial modification of the plans. For example, such changes as substituting a particular plant material or number of shrubs or trees where it is impractical to do something, or move a building in a manner which does not materially change the project, or slightly reconfigure a drainage area or parking space may be allowed.
Prior to issuance of a Final Occupancy Permit in each phase:
A report must be submitted to the Building Commissioner and Planning Board by a Registered Professional Engineer, certifying that the drainage system and paving necessary to support each phase have been installed as shown on the Approved Plans or adequate performance security has been posted to guarantee the completion of said work;
Planning staff shall inspect the property prior to ensure compliance with the conditions of this special permit;
Concrete bounds shall be set at designated open space, turning points and every 500 feet along straight property lines; and
The dedicated open space on the Plan shall be offered to the Town of Plymouth Conservation Commission.
If after a period of two (2) growing seasons any of the installed landscaping has failed to thrive, the Petitioner shall replace said failing landscaping materials to the satisfaction of the Planning Board.
The three (3) Affordable Units must be constructed on-site, but the Petitioner may request in an informal hearing that the Planning Board consider for compelling reasons a payment-in-lieu of constructing them on-site, which may or may not be allowed by the Planning Board, in its sole discretion.
Marc Garrett, second; the vote was (4-1) with Malcolm MacGregor in opposition.
Conceptual Review – Holman Commercial Trust
54 Holman Road/Map 89, Lot 34F-4
Multiple buildings on one lot
The Board received the following documentation* for review of this case:
Conceptual Plans dated January 24, 2014 (4 sheets)
Atty. Robert Betters began the conceptual review for multiple commercial buildings on one lot at 54 Holman Road in the Highway Commercial (HC) zone. There is a question whether a special permit would be required for multiple buildings on one lot or would be an allowed use as the bylaw states in Section 205-56, C, 3, which allows all uses in the HC zone that are allowed in the Light Industrial (LI) zone. All the proposed uses for this property would be allowed in the LI district. If the Board is supportive of the multiple buildings on one lot as an allowed use, they would return for site plan review.
Jon Henson presented the site layout that showed two entry points with a one way circulation around the perimeter of the 4.2 acre site. The buildings would be clustered toward the middle of the site with 56 parking spaces and a park like area with plantings in the interior of the site. There would be a subsurface drainage system in the center of the site. The rear of the buildings and loading areas would face the perimeter of the site and each storage/warehouse building would have an office area.
Bill Wennerberg thought it was a great concept for a multi building facility. He noted that the slope would require some treatment and suggested adding irrigation for the planted areas.
Malcolm MacGregor agreed with Mr. Wennerberg.
Marc Garrett was supportive of the concept, but had a concern with abutting lot 28 and suggested revegetating the lot. Mr. Garrett requested that renderings detailing the tree massing and cross sections be presented during the site plan review
Barry Tassinari explained that lot 28 is the open space lot for his Orchard Hills subdivision.
Paul McAlduff asked if automobiles or trucks would be stored inside the buildings or on site.
Lee Hartmann noted the uses of the buildings will be reviewed individually and some may require special permits as the site is in the aquifer protection zone.
The Board was supportive of the proposed project as presented and looks forward to the site plan review process.
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
B524 – Orchard Hills
Release of Covenant* – Lot 15-8
Bill Wennerberg moved for the Board to endorse the release of covenant for lot 15-8 in the B-524 Orchard Hills subdivision; Malcolm MacGregor, second; the vote was unanimous (5-0).
1820 Courthouse Update
Marc Garrett informed the Board that there was no update as the proposal is still being presented to various groups.
Ken Buechs asked about the activity on Herring Pond Road.
Lee Hartmann explained that the developer is moving forward with Wadsworth Estates.
Malcolm MacGregor expressed a concern with the state of Hedges Pond Road.
The Board discussed options and agreed that Mr. Hartmann would request an update on the issues from the Building Commissioner during the department head meeting.
Correspondence:
Paul McAlduff read a letter from Ted Bubbins regarding the outcome of the hearing on the removal of trees for the drainage improvements to be installed as a condition of the McDe project on State Road.
Tim Grandy moved to adjourn at 9:40 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 24, 2014
Administrative Assistant
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