April 14, 2014
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, and Malcolm MacGregor
Planning Board Alternate: Ken Buechs
Staff Members: Lee Hartmann and Robin Carver
Recording Secretary: Eileen Hawthorne
Administrative Notes:
The Board voted to request a joint meeting with the Board of Selectmen to fill Planning Board vacancy.
B475 – Watercourse Place
Release of Covenant*
Lots 12-46, 12-49, 12-51, 12-60 and 12-62
The Board voted to release lots 12-46, 12-49, 12-51, 12-60 and 12-62 from the covenant for B475 – Watercourse Place
ZBA 3742 – Karen Price (withdrawn at the applicant’s request)
South Paws Dog Care Center
15 Richards Road, Map 102, Lot 22-21
Special Permit in order to open a canine daycare facility
The Board received the following documentation* for review of this case:
E-mail withdrawal dated April 11, 2014
ZBA 3743 – John and Barbara Ready
7 Howes Lane, Map 24, Lot 28C
Special Permit to waive side and rear setback requirements in order to alter stairs to top deck in back of house
The Board received the following documentation* for review of this case:
Staff Report
Engineering Dept. Comments dated March 24, 2014
Site Plan dated March 7, 2014
The Board voted to recommend approval to the Zoning Board of Appeals for Case. No. 3743.
Form A Plans*:
A4493 – Eunice Becker and Warren Forbes, 1029 Old Sandwich Road, Map 65, Lot 12-1 – divide into lots 12-2, 12-3 and 12-4;
A4494 – Jesse Brown, 181 Warren Ave, Map 42, Lot 16 and Ruth & David Williams, 12 Clifford Rd, Map 42, Lot 20B – lot line adjustment to create lots 16-1 and 20B-1;
A4495 – Pinehills LLC, Boatwright’s Loop, Map 77E, Lot A-241 – Divide into Lots 15-271, 15-272, 15-273, 15-274 and A-256
The Board determined that A4493, A4494 and A4495 were entitled to endorsement
Marc Garrett moved to approve the Administrative Notes as presented: Malcolm MacGregor, second; the vote was unanimous (4-0).
Public Hearing:
B587 – Village at South Meadow VOSD
Definitive Subdivision, VOSD and Adequate Facilities to create six residential lots; open space and associated infrastructure
Request for Continuance to May 12, 2014
The Board received the following documentation* for review of this case:
Letter from Atty. Robert Betters dated April 8, 2014
Paul McAlduff read the public hearing notice and opened the public hearing.
Malcolm MacGregor moved to the Public Hearing at the applicant’s request to May 12, 2014 at 7:15 p.m.; Marc Garrett, second; the vote was unanimous (4-0).
Other Business:
1820 Courthouse
Marc Garrett stated that the three articles regarding the 1820 Courthouse passed at Town Meeting: approval of the local meals tax; a sunset clause of 25 years; and approval of authorization for the Town to develop the courthouse site for municipal purposes. The Community Preservation Committee’s article offering to fund $5 million toward the restoration of the 1820/1857 Courthouse portions of the building.
Paul McAlduff stated that the he has been working with Plymouth Growth and Development Corp. toward getting a grant that would be non-taxpayer funded for a downtown parking garage.
Malcolm MacGregor updated the Board on the trails he has been working on. Mr. MacGregor stated that with the new trail at Waverly Oaks, he was able to walk from Jordan Road to Clark Road. He spoke to John Judge regarding putting a trail through a piece of land owned by the Pinehills’ that could connect through to Ship Pond Road, then through to the Davis - Douglas Farm. He suggested that a crosswalk at Waverly Oaks could connect Bump Rock Road, Mast Road and the State Forest trails.
Tim Grandy informed the Board that he received a copy of a letter from Steering Committee members that gave a history and timeline of Taylor Ave issues from 1990. The letter was also sent to the Town Manager and the Board of Selectmen. Mr. Grandy felt that the correspondence should have been submitted to the Planning Board before it was sent to others.
Marc Garrett stated that any correspondence from steering committees should be written to the Planning Board as the steering committees are advisory to the Planning Board. He also stated that the Planning Board should have been made aware of the articles on Town Meeting floor regarding the beach, parking and Manomet area. He suggested that the Planning Board chair contact the Steering Committee chair regarding proper procedures.
Ken Buechs noted that there was an article in the local newspaper from the steering committee chair that also outlined the Taylor Ave. issues. Mr. Buechs felt it was inappropriate for the article to be published before being brought to the Planning Board’s attention.
The entire Board agreed that the Planning Board chair should contact the Steering Committee chair.
Public Hearing:
B588 – Camelot Drive Modification
Paul McAlduff read the public hearing notice and opened the public hearing.
Seated: Malcolm MacGregor, Paul McAlduff, and Tim Grandy. Marc Garrett recused himself from this public hearing.
The Board received the following documentation* for review of this case:
Staff Report
Letter from Associated Engineers dated March 17, 2014
List of Waivers requested dated April 7, 2014
Engineering Department Comments dated March 24, 2014
Fire Department Comments dated April 1, 2014
Conservation Comments dated March 25, 2014
Site Photographs
Subdivision Modification Plan dated March 3, 2014
Handout:
Site photographs
Bill Shaw, Associated Engineering of Plymouth, Inc., presented a plan to formalize the existing drive off Camelot Drive that leads to the turbine as a roadway (Joseph Balboni Way). The Shaughnessy building would then be on a corner lot with two front yards. This would allow for one front yard to be half the depth of the other front yard (50 ft. to 25 ft.). Mr. Shaw handed out photographs of the site noting that the canopy on the front of the building would only be half as big without the reduction in front yard. The landscaping has been installed and drainage (4 bays with oil and gas separators) is state of the art.
Robin Carver noted that the Engineering Dept. comments included suggested conditions for providing a turning radius where Joseph Balboni Way intersects with Camelot Drive and concrete bounds need to be set along the existing roadway (Joseph Balboni Way).
Tim Grandy suggested adding a condition to repair any drainage (catch basins) and paving issues on Camelot Drive.
Public Comment:
None
Tim Grandy moved to close the Public Hearing; Malcolm MacGregor, second; the vote was (3-0).
Malcolm MacGregor moved for the Board to approve the B588 Camelot Drive Subdivision Planwith waivers, subject to the following conditions:
The applicant must revise the existing “Right of Way” to provide turning radius’s where Joseph Balboni Way intersects with Camelot Drive as required by the Town of Plymouth Subdivision Regulations Section 309-5. A minimum radius of 25 feet should be provided.
The applicant will show concrete bounds to be set along the existing roadway as required by the Town of Plymouth’s Subdivision Regulations.
A report must be submitted to the Planning Board by a Registered Professional Engineer, certifying that the drainage system, drive ways, curbing, and parking areas according to accepted practices and in compliance with the Zoning Bylaw and approved site plan.
The applicant will repair the damaged catch basin west of the locus located on Camelot Drive to allow for drainage system to perform properly.
Tim Grandy, second; the vote was unanimous (3-0).
The Board took a five-minute break.
Public Hearing (cont. from 2/10, 3/17, and 3/24)
B582 – Island Pond Estates VOSD (a.k.a. Arbor Hill Estates)
29 lots with open space located off Raymond Road
Seated:
Subdivision: Paul McAlduff, Tim Grandy, Malcolm MacGregor and Marc Garrett
Special Permits: Paul McAlduff, Tim Grandy, Malcolm MacGregor, Marc Garrett and Ken Buechs
The Board received the following documentation* for review of this case:
Staff Report dated April 15, 2014
Letter from Flaherty & Stefani dated April 9, 2014
Lotting Plan dated December 18, 2013, revised through April 1, 2014
Letter from Marc Anderson dated April 4, 2014
Memo with MOU from Bruce Arons dated April 4, 2014
Memo from Bruce Arons dated April 2, 2014
All documentation received and handed out for the March 24, 2014 meeting.
Handouts:
Beals and Thomas Comments dated April 10, 2014
Letter from Atty. Leonard Bello dated April 14, 2014
Mark Flaherty, presented revised plans detailing the name change from Island Pond Estates to Arbor Hill Estates; lot reconfiguration so that only one lot (4-18) has frontage on Island Pond, the emergency access to Livingston Drive has been eliminated; a walking/bicycle path layout to Livingston Drive has been provided; stop signs at the intersection with Raymond Road; the road names will be Zale Road and Buck Moth Lane; a walking path on the south side of the main road accessing the development; the proposed retaining wall will consist of natural stone; and the developer has been working with Bruce Arons regarding the affordable housing component and they both are in support of a “payment in lieu of” instead of constructing affordable housing on site.
Robin Carver stated that Mr. Flaherty has addressed all the comments in the April 10, 2014 letter from Beals and Thomas. There are three additional conditions: Lot 4-18 will be the only lot to have deeded access to Island Pond, lots 4-11 through 4-14 will have included in their deeds language regarding no access or rights to use the common drive to the rear of the lots, and that a 50 ft. no build buffer and the 25 ft. no disturb, no pedestrian or vehicle access buffer will be established along the rear of lots 4-11 though 4-14. Ms. Carver noted that the road names have to be approved by the Engineering and Fire Departments and the plan shows a 5 ft. wide pedestrian/bicycle path, but the easement for emergency access is also shown.
Lee Hartmann noted that language has been added to the conditions and restrictive covenants that would define who has access to the pond. Mr. Hartmann noted that the Town will not be enforcing the beach access.
Malcolm MacGregor asked if a path to Triangle Pond and a couple of benches could be added to the plan.
Inge Kelleher replied that Natural Heritage does not support disturbance of any additional areas.
Public Comment:
Bruce Livingston stated that he has a deed that would prohibit a pathway to Livingston Drive. He was concerned that if there was access to Livingston Drive, residents would use a private beach area.
Mr. Flaherty explained that there was a 1977 deed from Livingston to Heard that did have an access restriction to Livingston Drive, but the restriction had a 30 year life which expired in 2007.
Atty. Len Bello handed out a letter that explained the restrictions and expiration of the access restriction. He noted that Ms. Kelleher purchased the land after the access restriction expired and her deed has specific language that would allow the use of Livingston Drive for ingress and egress.
Paul Vickery expressed his a concern with the proposed walking trail. He stated that – motorcycles and ATV’s use the access now and Livingston Drive cannot handle any more traffic.
Rory Kelleher stated that the walking trail is a reflection of the discussion at the last meeting and the developer is not pushing for or against.
Paul McAlduff asked if the emergency access is required.
Mr. Hartmann replied that the emergency access is at the Board’s disgression.
Robert Spiegel spoke against the proposed bike path and read a letter from Mark Anderson regarding his concerns with potential trespassing at 17 Swift Ave.
Malcolm MacGregor stated that he would never vote against eliminating a walking path.
Tim Grandy asked if low nitrogen loading septic systems would be installed for the retreat lots (1338 and 1339). Mr. Grandy asked for clarification on the expired access restriction.
Mr. Flaherty stated that they are not shown on the plan, but they will be installed.
Mr. Hartmann explained that a private restriction expires after 30 years while a government restriction lasts for at least 99 years.
Mr. Grandy stated that he was not in favor of the “payment in lieu of” for all three affordable units, but would be supportive of an alternative.
Marc Garrett commended the applicants for addressing most of the Board’s concerns. He noted that there were two issues that needed to be addressed – the easement/walking trail and the affordable housing. He suggested leaving the easement in place, eliminating the proposed trail, installation of low nitrogen loading septic systems for the two retreat lots and construction of one affordable housing unit on site with “payment in lieu of” for two units. If in the future the developer finds that it is financially impossible to construct the affordable housing on site, the developer could come back to the Board informally and request that the construction be deferred to a payment.
Ken Buechs stated that he was in favor of constructing the affordable housing on site, the low nitrogen loading septic systems, and the walking trail.
Mr. MacGregor was supportive of constructing one affordable housing unit on site with two “payments in lieu of”.
Paul McAlduff felt that the walking trail should be eliminated; the emergency access easement should remain on the plan; the mix of affordable housing requirements; and installation of the denitrification septic systems for the retreat lots.
Inge Kelleher asked the Board to support the existing MOU that requires three “payments in lieu of’ for the affordable housing special permit.
Tim Grandy moved to close the public hearing; Malcolm MacGregor, second; the vote was unanimous (5-0).
Malcolm MacGregor moved for the Board to add a condition that would require low nitrogen loading septic systems on the retreat lots (1338 and 1339); Marc Garrett, second; the vote was unanimous (5-0).
Malcolm MacGregor moved for the Board to add a condition that would require the walking trail to Livingston Drive; Ken Buechs, second; the vote was (2-3) with Marc Garrett, Tim Grandy and Paul McAlduff in opposition. The motion did not carry.
Marc Garrett moved for the Board to require the emergency access easement for future use; Malcolm MacGregor, second; the vote was unanimous (5-0).
Malcolm MacGregor moved to eliminate the requirement for “sharrows” on the private drive; Tim Grandy, second; the vote was unanimous (5-0).
Tim Grandy moved for the Board to require construction of one affordable housing unit on site with two “payments in lieu of” with an option for the developer to informally present a request to change to three “payments in lieu of” if it is found to be financially not feasible to construct on site; Ken Buechs, second; the vote was unanimous (5-0).
Marc Garrett moved for the Board to approve the Definitive Subdivision Plan with Waivers and the two Special Permits for a Village Open Space Development and Inclusionary Housing subject to the following conditions:
Street names must be submitted, reviewed by the Fire Department and Town Engineer and approved by the Planning Board.
Prior to endorsement of the plans, the Memorandum of Understanding (MOU), dated April 2, 2014, will be revised and endorsed by the Petitioner and the Office of Community Development in accordance with Section 205-71 of the Bylaw. The revision to include one (1) of the three (3) Affordable Units to be constructed on-site, with a payment in lieu of provided for the remaining two (2) Affordable Units. The Petitioner may request in an informal hearing that the Planning Board consider for compelling reasons a payment-in-lieu of constructing the one (1) Affordable Unit on-site, which may or may not be allowed by the Planning Board, in its sole discretion.
Low nitrogen septic systems shall be installed for dwellings on the two retreat lots: Lot 10P-1338 and Lot 10P-1339.
The plans to be revised to show the emergency access easement only with no bike path, trail, or road connection provided.
The Deed Restriction or Restrictive Covenant for the subdivision shall include a statement that Lot 4-18 is the only lot having access to Island Pond. The deed for Lot 4-18 as well as subsequent deeds to any successors and assigns shall include the same statement.
The Deed Restriction or Restrictive Covenant shall include a statement that none of the lots has the right to use the Common Driveway shown on Lots 4-11 through 4-14.~ The deeds as well as subsequent deeds to any successors and assigns for Lots 4-11 through 4-14 shall include the same statement.
A “50’ No Build Buffer” and a “25’ No Disturb/No Pedestrian/Vehicular Access Buffer” shall be established on the western side of the Common Driveway shown on Lots 4-11 through 4-14.~ The deeds for Lots 4-11 through 4-14 as well as subsequent deeds to any successors and assigns shall include references to these buffers.
A “Private Way” sign will be added to the plans and installed at the entrance to the subdivision.
A note will be added to the plans indicating an asphalt berm be maintained along the edge of pavement of the cul-de-sac of Buck Moth Lane (Road B).
Prior to endorsement of the plans the proposed centerline of the new roadway will be staked out, and walked by Town of Plymouth Planning staff with the Petitioner or his or her representatives, to discuss the road and sidewalk layouts that should be included in the final plans.
A performance guarantee in the form of a covenant prohibiting the sale of lots or the construction of buildings shall be executed and recorded with the Plymouth County Registry District of the Land Court. Said form of guarantee may be varied from time to time by the Petitioner with mutual agreement on the content of said guarantee by the Planning Board.
The Petitioner agrees that it will guarantee to protect, repair, replace, and where necessary, and upon written acceptance by the Planning Board, redesign the works constructed and submit revised plans and profiles for the Planning Board's approval so that said works actually carry out the purposes for which they were intended.
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 provide a maintenance program for stormwater facilities at the road, drainage lots and roadway areas to be maintained by the homeowner’s association on said plan or revised plan detailed as an exhibit to the homeowner’s trust documents referenced above.
The Planning Board waives the dimensional standards for the R25 zone as shown and finds that this is consistent with the VOSD Special Permit and the subject property as a whole are configured in a manner consistent with the VOSD Special Permit for this project.
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. 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.
A subsequent plan endorsement the Petitioner shall:
a. Provide 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.
b. Make reference on the Definitive Subdivision Plan of the Special Permits; and
c. Provide evidence of recording of this decision t at the Plymouth County Registry District of the Land Court.
Prior to the Issuance of a Building Permit:
- Provide five (5) sets of full sized copies of all drawings comprising the 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.
- 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.
As a condition of the granting of the waivers, light sensitive driveway lamps shall be constructed on the individual building lots within 30 feet of the paved way.
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 allowed by the Building Commissioner and Planning staff (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 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:
- A report must be submitted to the Building Commissioner and Planning Board by a Registered Professional Engineer, certifying that the drainage system and paving have been installed as shown on the Approved Plans;
- Planning staff shall inspect the property prior to ensure compliance with the conditions of this special permit;
- Concrete bounds shall be set at each lot corner, 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, with an endowment as noted in the findings above, under the conditions of Article 97.
- A Municipal Lien Certificate shall be provided to the Building Commissioner as evidence of payment of any back taxes, fees or penalties owed to the town, if any.
- Evidence of recording of this Special Permit at the Plymouth County Registry of Deeds or the Land Court shall be presented to the Building Inspector.
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.
In accordance with the Quitclaim Deed recorded in Plan Book 35820, Pages 91-96, access to Island Pond is limited to only one subdivided lot. There is no access planned or provided for to Island or Triangle Ponds in the development plans at this time. Any future access will require further review by the Planning Board.
Malcolm MacGregor, second; the vote to approve the Definitive Subdivision plan with waivers was unanimous (4-0) and the vote to approve the special permits for the VOSD and the Inclusionary Housing was unanimous (5-0).
Tim Grandy moved for the Board to adjourn at 8:59 p.m.; Marc Garrett, 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: April 28, 2014
Administrative Assistant
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