June 2, 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, Malcolm MacGregor, and Ken Buechs
Planning Board Alternate:
Staff Members: Lee Hartmann and Robin Carver
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes*:
The minutes of May 12, 2014 were approved as presented.
The Board approved the endorsement of a Confirmatory Release of Covenant* for B475 – Watercourse Place.
The Board approved the endorsement of the plans* for B582 – Island Pond/Arbor Hill Estates.
Form A Plans*:
The Board determined that the following Form A plan was entitled to endorsement:
A4499 – Pinehills LLC – Old Sandwich Road, Map 78A, Lot A-248 – Divide to create lots A-261 and 11-257 with an access easement
Malcolm MacGregor moved for the Board to approve the Administrative Notes as presented; Ken Buechs, second; the vote was unanimous (5-0).
Committee Appointments:
The Board made the following committee appointments:
Cedarville Steering Committee
Andrea Nedley
Manomet Steering Committee
James Hoagland
North Plymouth Steering Committee
Lorraine Souza
John Handrahan
Plymouth Center Steering Committee
Richard Mulcahy
West Plymouth Steering Committee
Judith Barber
Ken Howe
Open Space Committee
No Applicants
Planning Board Alternate
Robert Bielen
The Board will re-advertise the committee vacancies that were not filled.
Tim Grandy moved for staff to draft thank you letters to committee members that did not reapply; Ken Buechs, second; the vote was unanimous (5-0).
Public Hearing:
B590 – 40 Sandwich Road RDD
The Board received the following documentation* for review of this case:
Staff Report
Engineering Dept. Comments dated May 14, 2014
Fire Dept. Comments dated May 21, 2014
Conservation Commission Comments dated May 12, 2014
Project Narrative dated April 29, 2014
Property Record Card
Environmental Impact Statement
Locus Map
Conventional Subdivision Lotting Plan dated April 21, 2014
RDD Subdivision Plan dated April 28, 2014
Paul McAlduff read the public hearing notice and opened the public hearing.
Seated: Marc Garrett, Tim Grandy, Paul McAlduff, Malcolm MacGregor and Ken Buechs
Atty. Robert Betters began the presentation by reviewing the conceptual plan to create one additional single family lot with open space that was presented to the Board and noted that the open space was offered and declined by the abutter (Entergy’s Training Facility).
Mark Flaherty, Flaherty and Stefani, Inc., presented the proposed site plan for the 3.5 acre parcel with an existing single family dwelling and a second residential lot consisting of 2.5 acres including 1.5 acres of open space. The site is not in a priority habitat, Historic District, or flood plain. The access to the new lot will be through the existing driveway (12 ft. wide paved driveway within a 20 ft. right of way) off Sandwich Road, which will provide a 30 ft. buffer from an abutting residential property. The utilities will include a septic system and Town water. Drainage will consist of a 4 ft. swale to a rain garden at the bottom of the hill.
Robin Carver stated that one waiver has been requested for dimensional reduction in the lot width from 50 ft. to 30.91 ft. and that four conditions were added to the staff report that address the Town engineer’s comments and a requirement for reciprocal easements for the shared driveway.
Public Comment:
None
Tim Grandy moved for the Board to close the public hearing; Ken Buechs, second; the vote was unanimous (5-0).
Malcolm MacGregor moved for the Board to approve the RDD Special Permit for 40 Sandwich Road subject to the following conditions:
The Petitioner will revise the access and utility easement to encompass the proposed rain garden infiltration area, water service and proposed utility pole/electric line.
The Petitioner must show the existing house’s septic system in order to confirm required setback distance from the septic system to the proposed infiltration galleys.
Upon completion of the water service installation, the Petitioner shall submit copies of the water service connection tie card to the DPW Engineering Division (1 copy) and DPW Water Division (1 copy).
The Petitioner shall establish, by declaration of easements, reservations in deeds or other appropriate documentation, a reciprocal easement for the common driveway for joint use and maintenance by the owners of Lots 7B-1 and 7B-2.
The Petitioner agrees to waive his or her right to further subdivide the lots shown as Lots 7B-1 and 7B-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 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 7B-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 northern 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 Protective Covenants and Restrictions referenced in Condition No. 6 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 7B-2 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).
Public Hearing:
B437 – Pinehills LLC – Symington Drive
The Board received the following documentation* for review of this case:
Draft Vote
Topographical Plan dated March 11, 2014
Modified Definitive Subdivision Plan dated April 29, 2014
Paul McAlduff read the public hearing notice and opened the public hearing.
Seated: Marc Garrett, Tim Grandy, Paul McAlduff, Malcolm MacGregor and Ken Buechs
John Judge, Pinehills LLC, informed the Board that the Greengate neighborhood (recently approved by the Board) is quickly selling out. The current plans before the Board are for a new neighborhood called Chadwick Corner which will be similar to Greengate. The plans create the first portion of Symington Drive, sub-parcels where the condominiums will be located and an open space lot. The 56 condos will be developed in phases.
Malcolm MacGregor stated that the development needs some kind of mechanism for pedestrians to cross Clark Road and asked if a path from Clark Estates could be created so Clark Estates residents could utilize the trails through the Pinehills development.
Mr. Judge replied that Pinehills LLC has been working with the Town’s DPW to locate crosswalks on Clark and Beaver Dam Roads. He noted that people shy away from tunnels and a bridge across would not be handicap accessible. Three crosswalks and signage are scheduled to be installed this year. Mr. Judge stated that a walking path has been designed for the Pinehills’ property adjacent to Clark Estates, but an easement would be required from Clark Estates to continue onto private property.
Marc Garrett asked what the trigger was for pedestrian signalization.
Mr. Judge explained that the trigger is based on traffic volume, vehicle speed and sight distance. He noted that they did not meet the threshold for full pedestrian signalization.
Paul McAlduff suggested that it would be beneficial to install signage to warn drivers that pedestrian crossings are ahead.
Mr. Judge stated that signage would be installed.
Tim Grandy asked if electrical conduits would be installed for future lighting and signalization.
Mr. Judge replied that the existing paths are lighted and there is already power on both sides of the road.
Ken Buechs asked if the latest crosswalk technology where lights change when pedestrians step into the crosswalk would be considered.
Mr. Judge stated that it could be considered and commented that it could be interesting when the deer and turkeys step into the crosswalks.
Public Comment:
None
Tim Grandy moved to close the public hearing; Ken Buechs, second; the vote was unanimous (5-0).
Marc Garrett moved for the Board to approve B437 – Pinehills LLC – Symington Drive as presented; Malcolm MacGregor, second; the vote was unanimous (5-0).
Public Hearing: B543 - A. D. Makepeace Definitive Plan
Redbrook (formerly River Run)
The Board received the following documentation* for review of this case:
Staff Report
Engineering Dept. Comments dated May 28, 2014
Conservation Commission Comments dated May 12, 2014
Fire Dept. Comments dated May 1, 2014
Letter from McKenzie Engineering Group dated May 21, 2014
Letter from Vanasse Hangen Brustlin Inc. (VHB) dated May 30, 2014
Definitive Subdivision Plan dated April 18, 2014
Paul McAlduff read the public hearing notice and opened the public hearing:
Seated: Marc Garrett, Tim Grandy, Paul McAlduff, Malcolm MacGregor and Ken Buechs
Atty. John Twohig, Goulston and Storrs, stated that the definitive subdivision plans were identical to the plans the Board reviewed for under Site Plan approval on May 12, 2014. The plans detail the Phase 1 Use Area including the YMCA, Welcome Center, 31 single family residences and 10 duplex residences positioned around a one acre village green and associated infrastructure. The plans have been peer reviewed by McKenzie Engineering; A D Makepeace (ADM) responded to their comments; and McKenzie Engineering is satisfied with the responses.
Lee Hartmann noted that the overall master plan has been approved and this presentation is for a definitive subdivision plan with no waivers requested for Phase One.
ADM has agreed to make all adjustments that were raised during the peer review. Final plans would be submitted once all the adjustments are made.
Marc Garrett asked for an explanation on the phasing of the off-site roadway improvements.
Atty. Twohig noted that the first six off-site improvements were identified during the site plan review and will commence once approval by the DPW has been issued.
Tom Berkley, AD Makepeace, stated that the on site work will begin prior to the off-site improvements as they are working with DPW to finalize plans.
Mr. Hartmann explained that there is a lengthy table of off-site improvements and the Town will require that the six improvements identified for this phase will be completed or bonded prior to the issuance of any occupancy permits.
Malcolm MacGregor asked for an explanation of community health benefits provided within the development and whether there were any provisions for bicyclists.
Mr. Berkley replied that each neighborhood is connected to the village green via either a paved sidewalk or a nature trail. There are not any specific provisions for bicyclists.
Tim Grandy asked for an explanation on the progress of the proposed improvements for South Elementary School.
Mr. Berkley explained that ADM has met with the School Department and the consultant that will be designing the rear soccer field. Construction will most likely begin next year.
Ken Buechs was concerned that the neighborhoods were not bicycle friendly. He did not feel that the sidewalks were appropriate for bicycle use.
Mr. Berkley noted that the hiking trails will be constructed with reclaimed asphalt which could be used by bicycles.
Paul McAlduff asked about the future plans for the YMCA and early childhood education center.
Mr. Berkley explained that the site preparation for the first phase of the YMCA is underway and the ground breaking will be soon. The pools will be constructed during a future phase. The discussions regarding the early childhood education center are ongoing.
Public Comment:
Steve Lydon commented that it has taken too long to get to this point and he looks forward to the improvements in South Plymouth.
Tim Grandy moved to close the public hearing; Ken Buechs, second; the vote was unanimous (5-0).
Tim Grandy moved to approve the definitive subdivision plan for the Phase One Use Area of Redbrook (formerly River Run subject to the following conditions:
Prior to endorsement of the Plans, the Plans shall be revised to incorporate and address substantially all applicable comments provided by Town Engineering Department, Town Fire Department, and McKenzie Engineering Group, Inc., subject to (i) the terms of the Special Permit, (ii) the TRVD Bylaw, and (iii) consultation with the aforesaid commenters.
Prior to endorsement of the Plans, the Applicant shall provide verification to the Planning Board of payment of the back taxes, interest and fees (if any) owed to the Town for the property.
Prior to issuance of a Building Permit:
- Four (4) sets of full size copies of all drawings comprising the Plans, one additional full-sized lotting 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.
- Evidence that the following have been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board:
- The Plans will be revised to detail the Conditions of the approval and this will be recorded at the Registry of Deeds, or the Decision will be recorded with the Plans.
Conditional upon the provisions of a performance guarantee in the form of a covenant duly executed and approved, to be noted on the plans and recorded with the Plymouth County Registry of Deeds.~ Said form of guarantee may be varied from time to time by the Applicant with mutual agreement on the content of said guarantee by the Applicant and Planning Board without amendment or modification of this approval.
Conditional upon the endorsement of said plans and profiles within 120 days from the date of approval, or in the case of an appeal, endorsement of the plans and profiles within 120 days of the settlement of the appeal.
Conditional upon completion of all ways and the installation of all municipal services in accordance with the applicable rules and regulations of the Planning Board within two (2) years from the date of endorsement, unless otherwise extended by approval of the Planning Board.~ Upon a finding by the Planning Board that the construction of all ways and the installation of all municipal services have not been completed within two (2) years or within any approved extension thereof, the approval of the plan shall be automatically rescinded.
Conditional upon the developer guaranteeing that he will 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 and for recording at the Plymouth County Registry of Deeds, so that said works actually carry out the purposes for which they were intended.~ Said repair, replacement, or redesign will be based upon experience in the field which demonstrates the existing construction and/or design to have been “improperly installed or to be wholly inadequate.”
Ken Buechs, second; the vote was unanimous (5-0).
Signage Review – AD Makepeace Redbrook
The Board received the following documentation* for review of this case:
Draft Vote
Signage Schematics
Tom Berkley presented the request for a waiver of size and height for the proposed project entry sign for the Redbrook development. The sign will be located at the entrance off Bourne Road on River Run Way. The 10’x6’x4’ structure will resemble a pump house with board and batten siding on a stone foundation with a metal roof. The signage will not be permanently mounted. The proposed directional signage will comply with the zoning bylaw.
Marc Garrett moved for the Board to approve the waiver as presented; Malcolm MacGregor, second; the vote was unanimous (5-0).
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
B430 – Clark Estates – Release of remaining funds held in guarantee account.
Lee Hartmann presented a request for the release of the remaining funds held for B430 – Clark Estates in the amount of $4,177.38. An agreement has been reached between the developer and the homeowners association (HOA) that the funds will go to the HOA. for the completion of landscaping.
Malcolm MacGregor moved for the Board to release $4,177.38 provided the work has been either completed by the developer or the funds are to be distributed to the HOA; Ken Buechs, second; the vote was unanimous (5-0).
Zoning Workshop
The Board received the following documentation* for review of this case:
Zoning Articles Ranking July 2012
Zoning Articles – Town Meeting List July 2012
Proposed Amendment Light Industrial Building Heights
Possible Allowed Uses – Waterfront, Neighborhood Commercial, Transitional Commercial, Arterial Commercial, Airport, Light Industrial/Waterfront, Downtown/Harbor, and Highway Commercial Districts
Lee Hartmann began the discussion regarding proposed articles for Fall Town Meeting. He stated that there has been an interest in resubmitting a zoning amendment to allow 75 ft. building heights in the portion of the North Plymouth Industrial Park that fronts along Route 3 as recommended in the Industrial Land Report. Another recommendation from the Industrial Lands Report suggests converting some special permit uses (not including retail) to “as-of-right” uses. The Energy Committee has been discussing a solar bylaw and amendments regarding wind turbines. Mr. Hartmann suggested inviting the committee to attend a future Planning Board meeting to provide an update.
Ken Buechs encourage the Board to support the amendments regarding 75 ft. building heights in limited areas and converting some special permit uses to allowed uses.
Malcolm MacGregor supported the 75 ft building height amendment if it was brought back in a different form. He identified two areas the height would be appropriate: the site along Route 3 at the Kingston line and the sand pit/asphalt plant on Route 44.
Mr. Hartmann noted that the property along Route 3, is currently zoned for retail use and the height change was originally proposed for Light Industrial zones only. A change in zoning would have to be considered for the Route 3 parcel. He also noted that Pinehills LLC may be submitting an article for Fall Town Meeting. Mr. Hartmann did not recommend changing special permits for retail uses to “allowed” uses as the Board would lose the ability to negotiate mitigation.
Mr. MacGregor stated that everything he has read about retail development indicates that there are not economical benefits to the Town.
Tim Grandy asked if the Board of Selectmen were proposing to create a committee to streamline permitting.
Mr. Hartmann explained that Staff has been working with the Town Manager to streamline permitting and changing some special permit uses to allowed uses will be consistent with that effort. He was not sure that a committee was being created.
Marc Garrett commented that modifying the existing bylaw to create more opportunity for development would be beneficial and that the change of some special permit uses to allowed uses and the additional 75 ft. building height would be a step toward attracting more economic development.
Mr. Hartmann stated that some businesses are reluctant to go through the special permit process as there is a significant amount of time and cost. Mr. Hartmann reviewed each commercial/industrial zone and identified potential use changes within each zone.
Mr. MacGregor suggested incorporating Healthy Plymouth requirements into the bylaw.
Mr. Garrett suggested merging some of the commercial/industrial zones. He also suggested allowing a lodging facility with an auto rental component in the Airport zone.
Mr. Hartmann replied that combining districts could be part of the bylaw revisions and that the design standards address Healthy Plymouth suggestions. He noted that public hearings will be scheduled in mid July for Town Meeting articles.
Mr. MacGregor suggested considering allowing Bed and Breakfast facilities in the Downtown/Harbor District.
Steve Lydon asked about the zoning for the gravel pits on Hedges Pond Road and whether commercial development could occur there.
Mr. Hartmann stated that one of the gravel removal areas is for the Regional Economic Development Foundation and is zoned General Commercial.
Paul McAlduff stated that the second gravel removal area is Jeanine Anderson’s cranberry bogs and is zone Rural Residential.
Mr. Grandy asked about including denitrification septic systems in the Zoning Bylaw.
Mr. Hartmann noted that all septic systems are under the purview of the Board of Health, but he could invite them to a future meeting to explain when a denitrification system might be appropriate. He stated that those systems have a higher installation cost and a high yearly maintenance fee.
Mr. MacGregor suggested inviting Horsley and Whitten to come to a meeting to review the impact of different types of septic systems on ponds, streams, rivers and the ocean.
Tim Grandy moved to adjourn at 8:50 p.m.; Marc Garrett, 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: June 23, 2014
Administrative Assistant
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