12/15/14
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, Malcolm MacGregor, and Ken Buechs
Planning Board Alternate: Robert Bielen
Staff Members: Lee Hartmann and Robin Carver
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes*:
November 24, 2014
Malcolm MacGregor moved for the Board to approve the minutes of November 24, 2014 as presented; the vote was (3-0-1) with Ken Buechs in abstention.
Performance Guarantee Reduction* - B515, Nestle Down
ZBA 3771 – Lucille King, 67 John Alden Road, Map 44, Lot 6-368 – Special Permits to waive front and side setback requirements and to enlarge a non-conforming structure in order to convert a 12’x12’ portion of a deck to an addition and convert the remaining deck to a porch
The Board received the following documentation for this review:
Staff Report
Locus Map and Site Photographs
Site Plan dated November 8, 2014
The Board recommended approval of ZBA 3771 to the Board of Appeals with no conditions.
Form A Plans*:
The Board determined that the following Form A Plans were entitled to endorsement:
A4515 – Pinehills LLC, Boatwright’s Loop/Portside, Map 77E, Lots A-256 and A-264 – Divide to create lots 15-284 through 15-291, A-268 and A-269
A4516 – Damaso and Allyson Saavedra and North American Opportunities Fund, LLC, Roxy Cahoon Road, Map 57, Lots 50B and 50-4 – Lot line adjustment to create lots 50-5 and 50-6
A4517 – ADM Agawam Development LLC, off Wareham Road, Map 117, A-9 – Divide to create 4-78 and A-11
A4518 - ADM Agawam Development LLC, off Bourne Road, Map 114, Lot 7 – Divide to create two lots, 7-1 and 7-12
A4519 – ADM Agawam Development LLC, off Agawam Road, Map 118, Lot 1-1 – Divide to create lots 1-3 and S-5
Marc Garrett moved for the Board to approve the remaining Administrative Notes as presented; Malcolm MacGregor, second; the vote was unanimous (4-0).
Executive Session:
B581 – Waverly Oaks
To discuss strategy with respect to litigation if an open meeting may have a detrimental effect on the governant’s litigating position.
Paul McAlduff announced that the Board would adjourn to executive session in order to discuss pending litigation regarding B581 – Waverly Oaks. The Board would reconvene in regular session once executive session concluded. A roll call vote was taken.
Marc Garrett – yes; Malcolm MacGregor – yes; Ken Buechs – yes; and Paul McAlduff – yes.
The Board adjourned to executive session.
The Board resumed regular session at 7:25 p.m.
Public Hearing: B594 – Trask Road Settlement VOSD
Map 50, Lot 34
Special Permit for a VOSD with waiver in order to create four single family dwellings with open space and associated infrastructure
The Board received the following documentation for this review:
Staff Report
Letter from Associated Engineers of Plymouth Inc. dated December 3, 2014
Letter from Pinebrook Consulting dated December 9, 2014
Drainage Calculations
Waiver Request dated October 21, 2014
Environmental Impact Statement dated October 28, 2014
Engineering Department Comments dated November 20, 2014
Fire Department Comments dated October 30, 2014
Manomet Steering Committee Comments dated November 20, 2014
E-mail and Drain Easement Sketch dated September 15, 2014
Locus Maps and Site Photographs
Site Permitting Plans dated October 8, 2014, revised through December 10, 2014
Landscape Plans dated November 4, 2014
Paul McAlduff read the public hearing notice and opened the public hearing.
Seated: Marc Garrett, Paul McAlduff, Malcolm MacGregor, Ken Buechs, and Robert Bielen.
Atty. John Wyman began the presentation of the request to create a Village Open Space Development (VOSD) consisting of four residential lots with open space.
Bill Shaw, Associated Engineering of Plymouth Inc., presented the site plan for the proposed VOSD. Mr. Shaw noted that the existing dwelling and pool would be demolished/removed. The four residential lots would front along the Trask Road cul-de-sac and the rear of the site which is a significant low spot would be open space and utilized for drainage. The town’s DPW has drafted a preliminary drainage plan that would include a retention and infiltration basin with below grade pipes and two manholes. The drainage system has been designed to handle a 100 year storm. The open space would be donated to the Town. The utilities will include town water and individual septic systems.
Jon Henson presented the landscape plan including: reinforcement of existing vegetation which is predominantly wooded; evergreen plantings along Trask Road; foundation plantings varied for each home; low canopy deciduous trees; meadow mix and a lawn around the perimeter of the homes.
The Board asked for clarification on the impacts to the nearby town well site and the proposed drainage system and suggested plantings along the rear of the structures that would buffer the view of the drainage area and that District 5 be contacted regarding the drainage issues on State Road.
Mr. Shaw explained that the proposed drainage system would improve the existing drainage issues in the area and would provide a better quality effluent.
Public Comment:
Robert Thompson, Tom Powers, Dan McNeil and Sarah Thompson expressed their concerns with the impacts of the proposed construction including: the size of the lots, wildlife and environmental disruption, increased traffic, child safety, emergency vehicle access and potential road damage to the Trask Road neighborhood.
Mr. Shaw addressed the concerns of the abutters: the homes would be constructed two at a time to minimize impacts, the cul-de-sac has a 60 ft. layout that should accommodate the turning radius of emergency vehicles, existing vegetation will be retained to the extent possible, construction vehicles will be parked on site, photographs will be taken of the road prior to the commencement of construction and any damage will be repaired by the developer.
Ken Buechs moved to close the public hearing; Malcolm MacGregor, second; the vote was unanimous (5-0).
Marc Garrett moved to approve B594 – Trask Road Settlement VOSD subject to the following conditions:
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 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.
The Petitioner has agreed to gift Lot 34-24 of Map 50 to the Town of Plymouth. Said lot is to be used for open space and drainage. The limits of the drainage area shall be delineated on the final plans.
Subsequent to 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 ANR Plan, if any, is to be provided to the Planning Board through a Municipal Lien Certificate.
b. Make reference on the ANR Plan of the Special Permit; and
c. Provide evidence of recording of this decision at the Plymouth County Registry of Deeds.
Prior to the Issuance of a Building Permit:
- Four (4) sets of full size copies of all drawings comprising the ANR 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 this Decision have been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board.
- 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 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 has been installed as shown on the Approved Plans;
- Planning staff shall inspect the property to ensure compliance with the conditions of this special permit; and
- Concrete bounds shall be set at each lot corner of the Open Space, turning points and every 500 feet along straight property lines.
Landscaping shall be provided along the rear of the house lots to screen them from the Town drainage easement. The location, size, species and quantity of plantings shall be approved by the Planning Board prior to the issuance of building permits.
The acceptability of the Trask Road turnaround radius for emergency vehicles shall be reviewed by the Fire Department. Any needed improvements to the turnaround shall be approved by the Planning Board and installed by the Petitioner.
All construction equipment and vehicles shall be located/parked on-site and not within the Trask Road layout.
Prior to the commencement of any work, the Petitioner and Planning Staff shall inspect the condition of Trask Road. Any damage occurring during construction shall be repaired by the Petitioner.
Ken Buechs, second; the vote was unanimous (5-0).
Public Hearing: - B591 – Little Herring Pond Road
(cont. from 7/28, 9/8, 9/29, and 11/17), Map 122, Lot 10P-1022B
Special Permit for a 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 this review:
Staff Report
Engineering Department comments dated July 10, 2014, revised through December 8, 2014
Beals and Thomas Inc. comments dated December 10, 2014
Letter from DiPrete Engineering dated November 21, 2014
Letter from DiPrete Engineering dated October 31, 2014
VOSD plans dated June 3, 2014, revised through November 21, 2014
Malcolm MacGregor moved for the Board to continue the public hearing to January 5, 2014 at 7:30 p.m. in order to have a full board seated; Ken Buechs, second; the vote was unanimous (4-0).
ZBA 3768 – Southern Dunes LLC
Copper Cove, 216 Water Street, Map 12, Lot 64
Special Permits subject to EDC for waivers of any dimensional or other requirements; Inclusionary Housing; to alter, extend, construct, reconstruct, enlarge and/or move a pre-existing non-conforming use and/or lot and structures; to modify parking and other standards, if needed; and modification of the Special Permits and other relief granted in the decision for Case No. 3379 in order to construct 42 residential units.
The Board received the following documentation for this review:
Staff Report
Project Narrative
Engineering Dept. Comments dated December 11, 2013, revised through December 8, 2014
Beals and Thomas Inc. Comments dated December 9, 2014
McCarty Engineering Inc. B & T response Comments dated October 24, 2014
McCarty Engineering Inc. DPW response Comments dated October 24, 2014
Fire Department Comments dated November 20, 2014
Affordable Housing MOU dated December 3, 2013
Zoning Board of Appeals Decision Case No. 3379
Project Elevations dated November 27, 2013
Conceptual Landscape Layout Alt. 4 dated October 11, 2013
Site Photos and Schematic Details dated September 5, 2013
Special Permit Plans dated October 24, 2014
The Board reviewed the plans for ZBA 3768 which were almost identical to those previously supported by the Board under ZBA 3379. The site and landscape plans included a few minor changes after going through the Army Corps process and review by DPW and Beals and Thomas.
Brian Marchetti, McCarty Engineering, highlighted the changes in regards to pavement width, landscape areas, bicycle racks, reorientation of stairs leading into units, increased Fire access, handicap ramps, signage, crosswalks, inclusion of a trash receptacle area, and revised grading and drainage.
Marc Garrett moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Any signage shall comply with the Bylaw or additional permits will be required.
Stormwater will be managed so that no off-site stormwater patterns are altered as a result of this development using available best management practices.
Revised plans addressing the issues identified by the Town’s consulting engineers, Beals and Thomas, the Town Engineer and the Fire Department shall be submitted to the Zoning Board of Appeals for review and approval.
Prior to issuance of a Certificate of Occupancy, the Petitioner shall construct four (4) of the units at the site as affordable housing as outlined in the Memorandum of Understanding between the Office of Community Development and Southern Dunes LLC dated December 3, 2013, or provide another mutually acceptable alternative as agreed to by the Petitioner and the Board of Appeals, as required per Section 205-71 of the Bylaw.
Prior to the commencement of any work on the site, the Petitioner shall coordinate construction and work schedules with the Department of Public Works.
To avoid conflicts with the Town’s Water Street reconstruction project, the delivery of fill to the site and the timing of work conducted within the Water Street layout shall be scheduled and coordinated through the Department of Public Works.
Prior to the issuance of a building permit, Petitioner may with approval from the Department of Works stockpile fill on-site and conduct utility, access and curb-cut work within the Water Street layout.
At the Town’s request, the applicant is willing to construct improvements to the adjacent Town owned railroad right-of-way. The Petitioner has work with the Department of Public Works to finalize said improvements. The agreed upon improvements shall be shown on the final plan approved by the Zoning Board of Appeals. The Petitioner has agreed to maintain said improvements.
Prior to issuance of a Building Permit:
- The Petitioner shall submit documentation demonstrating conformance with Section 205-65 of the Bylaw, Prevention of Light Pollution, to the satisfaction of the Building Inspector. Light poles should not exceed twelve (12’) feet in height.
- If an access and utility easement from the Town is required parallel to Water Street on the rear of the subject property, appropriate authorizations from the Town/Board of Selectmen must be in place.
- 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.
- The Petitioner must receive appropriate approvals from the Plymouth DPW with respect to the sewer connection.
- The Petitioner shall submit final landscaping, architectural (which shall include materials, colors, and elevations) and site plans for review by the Planning Board subject to final approval by the Board of Appeals:
- If a trash receptacle is used on the site, it is to be located and screened from public ways.
- Detail with respect to pavement tie-in to public roads shall be provided, and any existing monuments, street lights, utility poles or other markers shall be shown on the plan in the vicinity of the curb cut closure and re-designed new curb cut. Petitioner shall be responsible for repair or replacement of any such markers as a result of the work subject to this Special Permit.
- All roof top mechanicals are to be screened from public ways.
- Traditional wood siding material shall be used. Wood siding is more in keeping with the neighborhood. Alternatives such as hardy plank or other acceptable alternatives to wood may be used conditional on said materials having been presented for approval by the Board of Appeals as part of this review process.
- Easements for DPW maintenance at the north end of the site shall be included on the plans.
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 owner of the property, which shall be detailed in the final plan submission described in Condition 4e above.
The roadway network, including drainage structures, located within the proposed project shall remain private.
Prior to issuance of an Occupancy Permit for any of the units at the site:
- A Registered Landscape Architect or other qualified licensed professional must certify to the Building Commissioner that the required landscaping has been installed in accordance with an approved site plan, Bylaw, and acceptable landscape practices.
- All plantings shall be subject to a 2-year performance requirement after installation (which shall re-instate if replacement plantings are installed), and the Petitioner shall be responsible for any replacements needed in that 2-year time period.
- A report must be submitted to the Building Commissioner by a Registered Professional Engineer, certifying that the drainage system, driveways, curbing, and parking areas have been installed according to accepted practices and in compliance with the Bylaw.
Ken Buechs, second; the vote was unanimous (4-0).
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
Marc Garrett informed the Board that the North Plymouth Steering Committee has requested information on how to create a “Friends of the Rail Trail Committee” to assist DPW with cleaning and maintenance of the rail trail. They also asked for an update from staff on the progress of the improvements to the new Veterans Field entrance.
Robin Carver stated that she would be attending the next steering committee meeting to provide an update on Veteran’s Field. Progress has been delayed a couple of months while awaiting comments from veterans groups.
Paul McAlduff announced that Spring Town Meeting will be held on Saturday, April 11, 2014. The closing dated for the annual spring warrant is December 17, 2014 and the closing date for the spring special warrant is February 6, 2014.
Malcolm MacGregor suggested considering creating “Complete Streets” and designating an area in the Ponds at Plymouth development commercial in order to allow for a post office and/or a convenience store.
Lee Hartmann noted that currently the roads are private, but the Town may be presenting the roads for acceptance at in the spring.
Malcolm MacGregor moved for the Board to adjourn at 8:30 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: January 5, 2015
Administrative Assistant
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