July 28, 2014 Minutes
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: Tracey McCarthy
Administrative Notes:
Minutes:
The Board approved the minutes* of July 14, 2014 as presented.
ZBA 3754 – Northrup Realty Trust
31 Sandwich Road, Map 82, Lot 6
Special Permit to enlarge a non-conforming structure and use in order to construct an addition to the rear of the dwelling.
The Board received the following documentation* for review of this case:
Staff Report
31 & 35 Sandwich Road Site Map
31 Sandwich Road Project Narrative
Fire Dept. Comments dated July 14, 2014
Engineering Dept. Comments dated July 10, 2014
The Board agreed to recommend approval of Case No. 3754 to the Zoning Board of Appeals.
ZBA 3755 – Northrup Realty Trust
35 Sandwich Road, Map 82, Lot 6
Special Permit to rebuild a non-conforming structure and use in order to raze the existing foundation and construct a new two-bedroom dwelling with a footprint area of 576 sq. ft.
The Board received the following documentation* for review of this case:
Staff Report
35 Sandwich Road Project Narrative
Fire Dept. Comments dated July 14, 2014
Engineering Dept. Comments dated July 10, 2014
The Board agreed to recommend approval of Case No. 3755 to the Zoning Board of Appeals.
The Board endorsed the Covenant*, Tri-Party Agreement*, Lot Release* and Mylar for B576 – Gunning Point VOSD – for a plan entitled: “ Plan of Land in Plymouth, Massachusetts Plymouth County Being a Subdivision of Lot 1282 Shown on Land Court Plan 6931-22 Filed with Certificate 69892 Creating 10 lots,” dated June 2, 2014 (revised July 7, 2014, prepared by Flaherty & Stefani, Inc.
Form A Plans:
The Board determined that the following Form A plan* was entitled to endorsement:
A4507 – Mulligan Family, Inc., Map 123, Lot 1282 – To create five (5) single family dwelling lots (Lots 1339, 1340, 1341, 1342, and 1343)
Tim Grandy moved for the Board to approve the Administrative Notes as presented; Ken Buechs, second, the vote was unanimous (5-0).
Conceptual Review – Yellow Maple LLC
141 Long Pond Road, map 88, Lot 36A and 42A
The Board received the following documentation* for this review:
July 22, 2014 Memo from Robin Carver
Plan Preview Narrative prepared by Land Management Systems, Inc.
Site Map
Conceptual Subdivision Plan dated June 22, 2014 and prepared by Land Management Systems, Inc.
Randy Parker, Land Management Systems Inc., presented a conceptual review for a potential five lot subdivision consisting of large estate lots on a 23.81 acre site. The lots range in size from 3 acres to 3.5 acres. The site abuts land owned by the Wildlands Trust of Southeastern Massachusetts. A twenty ft. wide, 497 ft. long roadway will access the site off Long Pond Road. A 4 ft. wide asphalt sidewalk is proposed along one side of the development. Underground utilities, private wells and septic will service the residences and there will be limited landscaping in order to preserve as many existing trees as possible. No work will be done within the Conservation buffer to Jenkins Hole. A waiver of the traffic study may be requested. The sight distances are more than adequate for the project. Mr.
Parker noted that a Rural Density Development with seven lots including one affordable housing lot was considered for the site and not found feasible.
Robin Carver noted that during the preliminary discussions the seven lot RDD was considered but an affordable housing unit was an issue given the type of housing that is proposed, therefore a standard five lot subdivision was more appropriate. The Wildlands Trust allows active gaming and hunting on the land to the south and west of this site. Natural Heritage has identified Eastern Box Turtle on the site, but the number is low, so a notation of “no take” should be forthcoming.
Tim Grandy asked if the road would be built to subdivision standards and where the nearest fire hydrants were located. Mr. Grandy noted that the Roads Advisory Committee spends a great deal of time considering road acceptances.
Mr. Parker replied that the road is proposed at 20 ft. wide with a 1 ft. Cape Cod berm instead of the standard 26 ft. wide and is intended to remain private. He presented the locations of the fire hydrants with the closest one being approximately 0.5 miles away.
Marc Garrett stated that he had no issues with the proposed roadway layout and lotting layout, but expressed his concerns with the size of the proposed dwellings (4,000 to 5,000 sq. ft.) which may be out of character with the surrounding neighborhoods and may require substantial clearing on the lots. He felt the project should be integrated into the landscape of the site.
Scott Spencer stated that he has been in contact with several neighbors who are supportive of his proposal.
Malcolm Macgregor and Ken Buechs agreed with the comments of the other Board members.
Tim Grandy stated he would like to see trees and landscaping incorporated into the design of the road layout.
Robert Bielen asked how the conservation of existing trees on the individual lots would be addressed.
Mr. Parker replied that a restricted buffer could be delineated once the house locations, driveways, etc. have been determined.
Paul McAlduff stated that he agreed with the other Board members and that the Board will look forward to further review of the project.
Public Hearing:
B591 – Little Herring Pond Road VOSD
Map 122, Lot 10P-1022B
Special Permit for VOSD, Adequate Facilities, and Inclusionary Housing in order to create 10 residential lots with open space and associated infrastructure.
The Board received the following documentation* for review of this case:
Staff Report
July 16, 2014 Letter from DiPrete Engineering
March 3, 2014 Triangle Pond VOSD – Planning Board Conceptual Review
February 27, 2014 Memo from Robin Carver RE Conceptual Site Plan Review
July 17, 2014 Letter from Beals & Thomas
June 30, 2014 Memo from Richard Vacca, Conservation Planner
July 14, 2014 Fire Department Comments
July 10, 2014 Engineering Department Comments
Little Herring Pond Road Extension VOSD – Site Map
Lot Layout Plan dated June 19, 2014
Limit of Disturbance Modification Plan dated June 3, 2014
Fire Truck Circulation Exhibit Plan dated June 3, 2014
Paul McAlduff, Chair read the public notice hearing notice and opened the public hearing in to the record.
Seated: Marc Garrett, Tim Grandy, Paul McAlduff, Malcolm MacGregor and Ken Buechs
Atty. Robert Betters, Withington and Betters, P.C., began the presentation by noting that a continuance will be requested in order to address technical issues that need to be resolved with the Engineering Department and Inclusionary Housing. Atty. Betters reviewed the history of the parcel that was identified in a 2005 vote as a buildable lot within the Ponds at Plymouth subdivision with a restriction that the density not exceed 10 dwelling units. He noted that Little Herring Pond Road is laid out as a County way and has been in existence for decades. The proposed plan would extend the existing layout. Atty. Betters stated that he is working with Staff and Bruce Arons to address the Inclusionary Housing component of this project. The proposed VOSD would create ten single family lots with open space. The
dwellings would be four bedroom homes, priced at $450,000 which may make it difficult to create an affordable unit on site.
Brandon Carr, DiPrete Engineering, presented the site design for the proposed VOSD with waivers. Wetland flagging was completed on the site in 2003 and verified by the Conservation Commission at that time and were verified this past spring. The site is in a watershed area which is a concern for nitrogen loading. There is an existing public boat launch area and walking paths along Little Herring Pond which will be preserved within the area of the development. The applicants have been working with Mass Wildlife and Natural Heritage who has issued a “no take” for the site. The site design includes a 20 ft. wide road layout with a hammerhead turnaround and ten single family lots with two homes and open space along Little Herring Pond and eight homes along Triangle Pond. The dwellings will range in
size from 1,600 to 2,000 sq. ft., each with a two car garage, 3-4 bedrooms, paved 22 ft. wide driveways and walkout basements. The structures will be setback between 30 to 50 ft. from the road and 35 to 75 ft. from the ponds. No boat docks are proposed. The road will be constructed using low impact design where road is pitched, a water quality swale will be installed that will lead to 3 infiltration areas; and culverts will be installed. Dry wells are proposed to capture roof runoff. Private wells and septic systems will be installed for each lot and they are working to address any nitrogen loading. The next steps are to work with the Town’s Engineering Department and Beals & Thomas to address engineering concerns and to work with Community Development to address the Inclusionary Housing component.
Malcolm MacGregor asked what activity takes place on Triangle Pond, whether the lots will have any restrictions, and how much excavation is needed. Mr. MacGregor suggested providing a single access to the pond for the residents and restricting access through individual lots.
Mr. Carr replied that pond activities include swimming and boating, there will be a 35 ft. no disturb area along the ponds, and the net cut size varies from 10,000 to 12,000 cubic yards. He stated that they could consider providing a single access to the pond.
Marc Garrett suggested showing the proposed grass walkway along the roadway on the plan. Mr. Garrett also suggested putting a covenant to limit development on the parcel with a title issue.
Atty. Betters agreed to consider a covenant to limit further development on the property.
Tim Grandy was supportive of the low impact drainage design and suggested adding concrete bounds on the plan to delineate the open space and no cut/disturbance buffers. Mr. Grandy suggested constructing a two bedroom home on site to address the Inclusionary Housing component of the project. He encouraged installation of low nitrogen/phosphorus loading septic systems and providing a walking path. He also encouraged pervious driveways and presentation of a landscaping plan. Mr. Grandy asked if there would be an emergency access.
Lee Hartmann commented that the only way to create an emergency access would be through a connection to the Ponds at Plymouth development that could become a major short cut and be a safety issue.
Mr. Grandy suggested using pervious pavers instead of just a grass walkway. He was also concerned with the Conservation buffer to the ponds.
Mr. Hartmann noted that the project will require review by the Conservation Commission.
Ken Buechs encouraged the construction of the Inclusionary Housing on site and a sidewalk. Mr. Buechs expressed a concern with the boat launch and the number of vehicle trips per day which could pose a safety issue for the residents.
Mr. Carr stated that they did not include boat launch traffic in the trip count, but they will look at the numbers.
Robert Bielen asked about the groundwater elevation.
Mr. Carr replied that during the soil testing, they didn’t encounter water 12 ft. from the surface.
Robin Carver noted that the presentation addressed most of the staff report. The developer has yet to determine whether the open space lots will remain private or be donated to the Town. The developer is working with the Engineering and Fire Depts. to determine whether it is necessary to increase the road layout for this development to 20 ft. when the existing roadway is only 18 ft. wide.
Public Comment:
None
Marc Garrett moved for the Board to continue the Public Hearing to September 8, 2014 at 7:15 p.m.; 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.”
Paul McAlduff noted that the Building Committee has been given the task of overseeing the new town hall and has found issues with asbestos and black mold, especially in the Commissioner’s Building. The mitigations to address the issues will be much greater than originally proposed. There are also roof repairs needed. Mr. McAlduff noted that the County Commissioners have agreed to vacate the building and are beginning the process of packing.
Ken Buechs commented on the site visit to the Lander’s cranberry bog excavation site. He noted that the site needs to be revegetated which Mr. Lander’s has agreed to.
Paul McAlduff asked staff for an update on the Plymouth Regional Economic Development Foundation site.
Mr. Hartmann replied that the next step would be to revegetate the site and market for commercial use.
Malcolm MacGregor moved for the Board to send a letter to the Foundation to encourage revegetation of the site; Ken Buechs, second; the vote was unanimous (5-0).
Malcolm MacGregor asked if the Lander’s site is subject to the condition that no more than five acres of the site should be disturbed at any given time because the disturbance on the site has greatly exceeded five acres. Mr. MacGregor suggested looking at a bylaw amendment that would allow less excavation before planting is required.
Mr. Hartmann replied that he would notify the Building Commissioner of the excessive site disturbance.
Paul McAlduff asked if there was a way to prohibit land owners from clear cutting their property.
Mr. Hartmann replied that unless the clear cutting affects the abutting property there is no recourse.
Tim Grandy moved for the Board to adjourn at 8:34 p.m.; Ken Buechs, 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: August 18, 2014
Administrative Assistant
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