June 23, 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: Robert Bielen
Staff Members: Lee Hartmann and Robin Carver
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes:
June 2, 2014*
ZBA 3750 – Plymouth Memorial Post No. 1822 (VFW)
22 Seven Hills Road, Map 103, Lot 21A
Special Permit to modify ZBA 899 in order to erect a 42’x38’ addition and to modify parking requirements
The Board received the following documentation* for review of this case:
Staff Report
Engineering Dept. Comments dated May 28, 2014
ZBA Decisions 2893, 1523, and 1438
Proposed Addition Plan dated March 5, 2014
B475 – Watercourse Place – Release of Covenant*
B474 – Wadsworth Estates – Covenant Extension*
Form A Plans*:
A4501 – Richard E Tong, 19 North Woods Trail, Map 4, Lot 80-12 and Map 32, Lot 22B – Lot line adjustment to create lots 80-18 and 22B-1
The Board discussed the existing conditions at Wadsworth Estates and Marc Garrett moved for the Board to extend the covenant for one year with a condition that the grading, loam and seeding along Herring Pond Road is completed by October 15, 2014, subject to all previous conditions; Tim Grandy, second the vote was unanimous (5-0).
Malcolm MacGregor moved for the Board to approve the remaining Administrative Notes as presented; Tim Grandy, second; the vote was unanimous (5-0).
Minutes:
June 9, 2014
Tim Grandy moved for the Board to approve the minutes* of June 9, 2014 as presented; Marc Garrett, second; the vote was (4-0-1) with Ken Buechs in abstention.
Presentation:
Energy Committee
The Board received the following documentation* for review of this case:
Past Town Meeting Article Warrants
Existing Bylaw, Section 205-73
Lee Burns, Energy Committee Chair, presented an update on the activity of the Committee. The committee has devoted the majority of their efforts to revisions of the Wind Energy Bylaw and have identified setbacks, height, noise and flicker standards as the major issues. They also discussed creating an overlay district in industrial areas and residential areas where turbines could be located with a 2,000 ft. setback. The Pine Hills/Entergy property and five other residential areas have also been identified as potential sites, but owners and engineers have not been contacted to determine if the sites are viable. The Committee would like to present an article at Town Meeting calling for a moratorium on permitting of wind turbines until the State has published guidelines and/or standards for noise.
Tim Grandy asked for an explanation on what the State is looking at in regards to noise.
Mr. Burns replied that the State is looking at the measurement of wind in order to determine what an appropriate dBa is for wind turbines. He noted that Europe has dropped their sound levels to 40 dBa.
Marc Garrett stated that there is still a lot of uncertainties regarding wind turbines and a moratorium would allow time to reach a resolution of some of the issues.
Robert Bielen suggested that if a moratorium is approved, the committee should work to identify sites viable for wind turbines.
Paul McAlduff presented a video depicting new technology for wind turbines that have less visible impact, noise, and flicker.
Lee Hartmann noted that even if a moratorium is approved, the State and County could still move forward with installation of wind turbines. He stated that the Town has not seen any proposals for wind turbines recently and a moratorium may be excessive.
The Board encouraged the Committee to look into new technologies for alternative energies and to look at creating standards that are acceptable to the community.
Public Hearing:
B587 – Village at South Meadow VOSD (cont. from 4/14/14 & 5/12/14)
Seated: Marc Garrett, Tim Grandy, Paul McAlduff, Malcolm MacGregor and Ken Buechs
Definitive Subdivision, VOSD and Adequate Facilities to create 6 residential lots, open space and association infrastructure
The Board received the following documentation* for review of this case:
e-mail from Jonathan Beder dated May 27, 2014
draft vote
Documentation received at previous hearings
Handout: Revised draft Vote
Revised Engineering Dept. Comments dated May 13, 2014
Robin Carver updated the Board on the progress the proponent has made working with the DPW to determine an appropriate gift for road mitigations on South Meadow Road. The proponent has addressed all of the Engineering Department’s comments and has agreed to provide a gift of $15,000.
Public Comment:
None
Tim Grandy moved to close the public hearing; Marc Garrett, second; the vote was unanimous (5-0).
Marc Garrett moved for the Board to approve B587 – Village at South Meadow VOSD with requested waivers, subject to the following conditions:
The Petitioner agrees to waive its right to further subdivide the lots shown on the definitive subdivision plan, pursuant to the provisions of Massachusetts General Laws, Chapter 41, through covenants and restrictions on the lots, and this shall be noted on the plan. 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 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, and this shall be noted on the subdivision plan, as well as incorporated into the covenants and restrictions imposed by the Petitioner on the lots within the VOSD development.
The Petitioner or its representative agrees to attend a pre-construction meeting, and to stake the open space in the vicinity of construction to the satisfaction of the Planning Board, prior to the start of any earth work at the site. Said stakes are to remain in place until such time as a Certificate of Occupancy is issued.
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 plan.
Street Opening Permit is required from the Town Engineer’s office for the proposed roadway.
Prior to issuance of a building permit:
- Five (5) sets of full sized copies of all drawings comprising the VOSD Definitive 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 covenants and restrictions on the land have been recorded must be presented to the Planning Board, which may be set forth in a separate document or included in the homeowners association document, and which will include but not be limited to the following provisions:
(I) The waivers of the Petitioner set forth in Conditions 1 and 2 above.
(II) Prohibition of tree cutting on open space or no-cut buffer areas (if any are located on lands owned or managed by the homeowners association) which may impose a fine of $100 per day for the first thirty (30) days and a $200 per day thereafter, for any tree cutting other than removal of hazardous or diseased trees in these areas.
(III) All conditions from the Town engineer in their revised comment letter dated May 13, 2014 shall be adequately addressed.
Prior to the issuance of an Occupancy Permit for any individual lot, the Petitioner shall:
- Install individual lampposts on each individual lot within thirty (30) feet of the individual homes’ driveways.
- The Petitioner shall provide concrete bounds at appropriate open space corners as approved by the Planning Board.
The Petitioner agrees to create a homeowners association for maintenance of the road and other common facilities, which shall be in place prior to the issuance of a certificate of occupancy.
The Petitioner has agreed to provide a maintenance program for drainage facilities and appurtenances, open space, parking and common drive/emergency access areas to be maintained by the homeowners association, which shall be detailed in the homeowners’ association document for this project.
The Petitioner has agreed to gift the Town $15,000 to be used for repaving, drainage, traffic mitigation, or other infrastructure improvements to South Meadow Road, in the discretion of the DPW. They payments shall be made in two installments, half upon issuance of the first Certificate of Occupancy (CO) for a home in the project and the balance upon issuance of the second Certificate of Occupancy (CO).
The Petitioner has agreed to create an easement in the land along South Meadow Road to be gifted to the Town for future highway purposes (this includes sidewalks).
Adequate fire flow and static pressure for water must be demonstrated by the Petitioner, and requirements of the Fire Chief with respect to hydrants must be satisfied. In addition, the Petitioner must receive appropriate approvals from the Plymouth DPW with respect to the sewer connection.
The chain link fence proposed around the drainage area fronting on South Meadow Road shall be eliminated.
Malcolm MacGregor, second; the vote was unanimous (5-0).
Site Plan Review – Meadow Park LLC
9 Meadow Park Road, Map 108, lot 21-5
Construction of an Administration Building, parking lot, adventure golf and outdoor adventure club
The Board received the following documentation* for review of this case:
Staff Memo
Locus map and site photographs
Phase One Plan dated May 12, 2014
Handout: Memo from Plymouth Airport dated June 23, 2014
Conceptual Landscape Plan
Bill Shaw, Associated Engineers, reviewed the history of a site previously approved for a 60 ft. high building containing an indoor golf and track facility. The current plan for an outdoor adventure club includes a parking lot consisting of 30 spaces; an administration building, a miniature golf course, a zip line, a rope course, rock climbing wall and large swing. The height of the highest pole for the zip line is proposed at 40 ft. 4 in. with the highest platform at 30 ft. There is a potential to lower the height by excavating to maintain a 10 ft. toe sweep.
Lee Hartmann noted that the Zoning Bylaw allows for a 41 ft. height for utility poles.
Jon Henson presented the landscape plan detailing plantings around the perimeter of the site and interior plantings that would separate the uses and provided shaded areas.
Tim Grandy asked what caliper trees would be installed.
Mr. Henson replied that the caliper would vary between 1” to 1.5” for some trees and 2” to 3” for others. He stated the final landscape plan would detail the size and species of all plantings.
Malcolm MacGregor was concerned that the location may be too far away to attract tourists.
Gerry Olson, the proponent, stated that there is nothing like this for miles and should attract a great deal of activity.
Paul McAlduff asked if there would be a snack bar.
Mr. Olson replied that there is a snack bar proposed.
Mr. Garrett suggested installing safety measures for the zip line where it travels over the mini golf course.
Ken Buechs was concerned with safety and stated that adequate access and turning radius for emergency vehicles should be shown on the plans.
Tom Maher, Airport Manager, stated that the use is reasonably compatible with the airport and requested that the height of the poles be below the FAA regulations and that any lighting complies with the Town’s dark sky bylaw.
Marc Garrett moved for the Board to notify the Building Commissioner that the site plan complies with the minimum requirements of the Zoning Bylaw, provided that:
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; and a registered landscape architect or other qualified licensed professional must certify that the landscaping has been installed; all according to accepted practices and in compliance with the Zoning By-law and the approved site plan.
Lighting is to comply with the Light Pollution Bylaw. Compliance with the Prevention of Light Pollution Zoning Bylaw must be documented. Light poles should not exceed 12 feet.
The final site plan shall show adequate access for emergency vehicles.
The final landscape plan shall show plant species and heights including flowering trees with 1” – 1 1/2” caliper, and larger shade trees with 2” - 3” caliper.
Tim Grandy, second; the vote was unanimous (5-0).
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
Malcolm MacGregor moved for the Board to approve and endorse a lot release for lots 53-1 and 53-2 in the B544 – Larocque RDD; Marc Garrett, second; the vote was unanimous (5-0).
Lee Hartmann informed the Board that on July 14, 2014, a representative from Horsley and Witten will present information on denitrification systems.
Lee Hartmann reviewed a letter from the developer of B560 – Hillside Estates that has been working with the Town to find a buyer for the affordable housing unit. A qualified buyer has not been found. The unit will be sold at market rate, with the difference between the market rate and the affordable rate given to the Town’s Affordable Housing Trust.
Correspondence:
None
Tim Grandy moved for the Board to adjourn at 8:38 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 30, 2014
Administrative Assistant
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