1/5/15
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:
December 15, 2014*
Malcolm MacGregor moved for the Board to approve the minutes of December 15, 2014 as presented; Marc Garrett, second; the vote was (4-0-1) with Tim Grand in abstention.
B515, Nestle Down - Performance Guarantee Reduction*
The Board approved a reduction in the amount of $20,500.00 for work completed in the Nestle Down subdivision.
B576 – Gunning Point VOSD – Release of Lot 1341*
The Board approved a lot release for lot 1341 within the Gunning Point VOSD.
B582 – Arbor Hill Estates (f.k.a. Island Pond Estates) – Plan Endorsement
The Board agreed to endorse the plans for Arbor Hill Estates
Form A Plans*:
The Board determined that the following Form A plan was entitled to endorsement:
A4520 – 500 Colony Place LLC, 500 Colony Place, Map 104, Lot 26-9 – Divide into lots 26-20, 26-21, and 26-22
Marc Garrett moved for the Board to approve the Administrative Notes as presented (with the exception of the minutes); Malcolm MacGregor, second; the vote was unanimous (5-0).
ZBA 3772 – Varsity Wireless LLC
836 Bourne Road, Map 125, Lot 10
Special Permits subject to EDC to exceed the height requirements in order to construct 170 ft. wireless telecommunication tower
The Board received the following documentation for this review:
Staff Report
Engineering Dept. Comments dated December 10, 2014
Fire Dept. Comments dated November 26, 2014
Application Packet dated November 17, 2014 including:
Application
Environmental Impact Statement
Zoning Denial dated November 3, 2014
Deed Book 3839, Pages 119-120
Project Narrative dated November 17, 2014
Federal Aviation Administration letter dated May 29, 2014
Affidavit of Radio Frequency Engineer with coverage maps dated November 3, 2014
Statement from Stephen Kelleher, Varsity Wireless Investors LLC, dated Nov. 11, 2014
Google earth maps showing proposed location
Site Photographs
Site Plans dated July 10, 2014
Francis Parisi, Esq. presented the request for a special permit in order to erect a 170 ft. monopole with appropriate infrastructure for wireless communication. The site is located at 836 Sandy Pond Road, within the Sandy Pond Campground property. The proposed tower will be located off a driveway within the campground. The tower will provide space for lease to wireless communication companies to increase the coverage for wireless communication and data sharing. The Fire Chief has expressed an interest in locating an emergency antenna on the facility to improve public safety and the applicant has agreed to provide space on the tower at no cost to the town. Atty. Parisi presented maps detailing the areas where coverage is lacking in South Plymouth. He also informed the Board that the FAA has reviewed the
proposed tower and determined that there will be no impediment to air traffic.
Robin Carver noted that there is a significant deficiency of coverage in the area surrounding the proposed location and that the pole would benefit the town’s emergency services.
Marc Garrett expressed concerns with the aesthetics of the pole and the view shed from adjacent subdivisions.
Malcolm MacGregor and Ken Buechs preferred that the tower be located on a site that has already been disturbed.
Tim Grandy inquired whether the plans had been presented to the Cedarville Steering Committee.
Lee Hartmann stated that the project is not in the village center or village service area so it was not sent to the steering committee.
Robert Bielen suggested adding a gate at the access drive to secure the site from public access.
Tim Grandy moved for the Board to recommend approval of Case No. 3772 to the Zoning Board of Appeals subject to the following conditions:
If technically feasible in the future, space is to be made available at no cost to the Town of Plymouth for municipal purposes on the tower for antennas and at the base for equipment.
The only sign associated with the monopole shall be a small sign required by the FCC identifying the owner of the facility and providing a twenty-four hour contact number.
The petitioner shall appear before the Cedarville Steering Committee prior to meeting with the Zoning Board of Appeals.
The petitioner shall provide a security gate at the entrance to the driveway that leads to the tower site.
The petitioner shall look at potential mitigation measures such as height and color of the monopole.
The petitioner shall provide photo simulations and view shed analysis of the communications tower from nearby neighborhoods such as the Ponds of Plymouth.
Marc Garrett, second; the vote was (3-2) with Malcolm MacGregor and Ken Buechs in opposition.
Public Hearing: - B591 – Little Herring Pond Road
(cont. from 7/28, 9/8, 9/29, 11/17 and 12/15), 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
Seated: Marc Garrett, Tim Grandy, Paul McAlduff, Malcolm MacGregor and Ken Buechs
The Board received the following documentation for this review:
Staff Report
Beals and Thomas letter dated December 23, 2014
DiPrete Engineering letter dated December 12, 2014
Overall Site Plan dated June 3, 2014, revised through December 12, 2014
Grading Plans 1and 2 dated June 3, 2014, revised through December 12, 2014
Detail Sheet 1 dated June 3, 2014, revised through December 12, 2014
Affordable Housing MOU
Engineering Dept. Comments dated July 10, 2014, revised through December 8, 2014
Beals and Thomas letter dated December 10, 2014
DiPrete Engineering letter dated November 21, 2014
DiPrete Engineering letter dated October 31, 2014
Little Herring Pond Road Extension Plans dated June 3, 2014, revised November 12, 2014
Atty. Robert Betters began the presentation by noting that all the questions that have arisen regarding the project have been addressed. Atty. Betters noted that he would be asking for a continuance after the revisions have been presented. He stated that they initiated the process to investigate whether the town would be interested in acquiring the property and are working with the Community Preservation Committee (CPC) with a view to enter into a mutually acceptable agreement.
Brandon Carr, DiPrete Engineering, presented the revised site plans and noted that Natural Heritage has issues a “no take” letter for the new design which includes substantial buffer areas at the rear of each lot along the edges of both ponds. Revisions to the plans include: working with the Engineering Dept. to widen the existing gravel road to 22 ft. with a swale along one side to collect drainage and a 4 ft. pedestrian walkway; the hammerhead turnaround has been changed to a 16 ft. wide cul-de-sac with an infiltration pond in the middle; the dwellings have been moved closer to the road to minimize disturbance along the ponds; the drainage design has been revised to accommodate 100 year storm standards; there will be private wells and nitrogen loading septic systems; the homeowners association (HOA) will require the
use of low nitrogen fertilizer on any garden or lawn areas; and there will be an infiltration system to capture roof runoff.
Scott Rabideau, Natural Resource Services Inc., reviewed the plans for compliance with federal and state regulations regarding impacts to wetlands, ACEC and endangered species habitat. Mr. Rabideau stated that the measures that the proposed developer has taken to protect natural resources in the area will minimize impacts to the watershed and water quality.
Atty. Betters noted that participation in the HOA will be mandatory.
Public Comment:
Brian Harrington and Lee Pulis, representing the Herring Pond Watershed Association, spoke in opposition to the development of this specific site because of the potential pollution and eutrophication of the watershed, aquifer and impacts to the ACEC.
Dennis White asked about the cul de sac diameter and topographical layout.
Mr. Carr explained that the layout of the cul de sac interior diameter is 110 ft. with a 16 ft. pavement width, and will be super elevated toward the center with a lower spot toward the outside.
Malcolm MacGregor moved for the Board to continue the Public Hearing to March 9, 2015 at 7:30 p.m.; Marc Garrett, second; the vote was unanimous (5-0).
ZBA 3773 – Garland Nye Trust
810 Head of the Bay Road, Map 129, Lots 2A-1 and 6
Special Permits subject to EDC to remove 84,000 cu. yds. of soil in order to expand cranberry bogs
The Board received the following documentation for this review:
Staff Report
Beals and Thomas letter dated December 29, 2014
Engineering Department Comments dated December 9, 2014
Reply to Earth Removal Comments
Narrative to Accompany Environmental Impact Statement
Environmental Impact Statement dated November 21, 2014
Notification to Abutters Under the Massachusetts Wetland Protection Act
Locus Map and Site Photographs
Earth Removal Permit Plan dated September 18, 2014
Handout:
Letter from GAF Engineering dated December 31, 2014
Bill Madden, GAF Engineering, presented the site plan for removal of approximately 84,000 cubic yards of gravel with approximately 44,000 cu. yds. to be utilized for off site bog reconstruction and maintenance with a small portion for sale. Mr. Madden noted that they have addressed the peer review comments. The site will be used as a landing area for a stockpile of material to be used on site to sand the bogs when necessary and offsite for reconstruction of existing bogs owned by the proponent in Wareham. The slope will remain un-vegetated with the interior face to be loamed and seeded.
Robin Carver stated that information regarding the haul route has been provided and that the sight distances along the access way are sufficient.
Malcolm MacGregor moved for the Board to recommend approval to the Zoning Board of Appeals of the special permits for Case No. 3773 subject to the following conditions:
Prior to issuance of a Building Permit:
- Any work subject to the purview of the Conservation Commission must obtain appropriate permits.
The Petitioner shall permanently stabilize any portions of the site that are not under construction after earth removal activities have ceased for a period of six (6) months.
Prior to the Issuance of a Zoning Permit for gravel removal, the Petitioner shall submit to the Building Commissioner:
- A Municipal Lien Certificate shall be provided as evidence of payment of any back taxes, fees or penalties owed to the town, if any; and
- Evidence of recording of the Special Permit at the Plymouth County Registry of Deeds or the Land Court, and the plans shall be recorded with the Special Permit;
- A performance guarantee in an amount determined by the Building Commissioner that directly ties to the restabilization of the work site, shall be required in an amount equal to a documented, verifiable estimate of cost to vegetatively reclaim the work site according to the site plan and existing conditions site plan. The estimate shall include an adjustment for projected inflation or other predictable factors over the term of the permit plus one year.
The Building Permit plans must include any proposed use of on-site processing equipment. The size and location, as well as measures, to minimize the impacts of noise, vibrations, and dust generated from such equipment must be detailed.
A limit of 40 truck trips per day will be the maximum allowed for all earth removal operations for this project. Every effort shall be made to phase the truck trips with the other local projects. Hours of hauling shall be managed so that truck traffic does not interfere with the school bus usage.
The excavation and trucking of material and/or noise generated by the excavation and trucking of material shall be limited to Monday through Friday. The hours of operation shall be limited to 7:00 AM to 4:00 PM. No excavation activities shall be permitted on holidays.
The Petitioner shall provide an “as-built” survey which verifies that no more than 85,000 cubic yards of material were removed. A GPS-generated survey plan is acceptable for this purpose.
Minor modifications to the design and location of excavation may allowed by the Building Commissioner (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 structure or machinery in a manner which does not materially change the project, or slightly reconfigure a drainage area may be allowed.
Excavation of materials shall be allowed for a period of two (2) years from the start of excavation. The applicant shall notify the Building Commissioner prior to the commencement of work. Upon completion of the two (2) year period, the applicant shall have sixty (60) days to submit a written request to the Board of Appeals for an extension of the excavation period. The Board of Appeals may deny the request of the extension for any of the following reasons:
- Violations of any of the conditions of this special permit;
- The work site has been deemed abandoned by the Building Commissioner;
- Proper stabilization methods are not maintained; and
- Documented violation of agreed upon truck routes.
The Petitioner shall be responsible for the clearing of any sand that accumulates on the truck route as a result of the excavation of material on a daily basis.
All stationary on-site mechanical equipment shall be placed as far away as possible from existing businesses and residential dwellings during its operation.
The Petitioner shall provide temporary signs warning traffic of truck entry for safety, if such signs are needed as determined by the Police Department, the design and size of which will be subject to the approval of the Building Commissioner.
A heavy-equipment truck route shall be designated and approved by the Board of Appeals.
The Petitioner shall submit an erosion control plan (and dust suppression measures if needed) to the Building Commissioner. Any exposed banks created by the excavation should be hydro-seeded or otherwise stabilized in a manner acceptable to the Building Commissioner and maintained for three years. Proposed side slopes shall be at a grade of 3:1 (or 2:1) with erosion control measures in place. The petitioner shall loam and seed any portions of the site that are not under construction after earth removal activities have ceased for a period of six (6) months. However, the face of the slope shall remain exposed and not vegetated, as a long term source for sand for maintenance of the cranberry operations.
No excavation shall be larger than five (5) acres for earth removal, storage, and/or processing at one time. Prior to the commencement of excavation of any subsequent areas, the preceding five (5) acre operation shall be stabilized either temporarily or permanently.
The Petitioner shall permanently stabilize any portions of the site that are not under construction after earth removal activities have ceased for a period of six (6) months.
Planting required for stabilization in any applicable year shall occur no later than October 31st.
The Director of Inspectional Services or its duly authorized agent shall have access to the excavation site at all times in order to inspect the site to insure compliance with the approved site plan.
Monthly statements are to be submitted to the Director of Inspectional Services from a Registered Professional Engineer stating that the conditions of the Special Permit are being followed, and providing tallies of earth removal to accurately determine the amount of gravel being removed.
If all of the above noted conditions are not adhered to, the Director of Inspectional Services may cause all excavation work to cease until the problems identified are corrected.
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.”
Marc Garrett informed the Board that he has been contacted by a resident regarding flooding issues on his property that may be coming from a neighborhood permitted by the Board. Mr. Garrett passed around photographs showing the site.
Lee Hartmann noted that staff, the town’s peer review engineers and the developer have worked extensively to address any drainage issues caused by the development.
The Board agreed to visit the site and revisit at the next meeting.
Tim Grandy moved to adjourn at 9:22 p.m.; Malcolm MacGregor, 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: January 12, 2015
Administrative Assistant
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