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, Bill Wennerberg, and Tim Grandy
Planning Board Alternate: Ken Buechs
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne
February 6, 2012
The Board approved the minutes of February 6, 2012* as presented.
B570 & A4411– 289 Long Pond Rd/Mendes – Plan Endorsement
The Board determined that the plan* for B570 and A411, 289 Long Pond Road was entitled to endorsement.
Bill Wennerberg moved to approve the Administrative Notes as presented; the vote was unanimous (3-0).
Lee Hartmann proposed the following changes to the Planning Board’s recent votes for Town Meeting articles:
“In residential districts” has been inserted at the beginning of J (2) in the vote for the proposed amendment of Section 205-23 Parking Storage or Use of Major Recreational Vehicles under Article 16.
A typographical error in the list of the new flood maps proposed under Article 31 has been corrected by changing the letter “C” to a “J” after map number 25023C0352.
Bill Wennerberg moved for the Board to approve the modifications as proposed; the vote was unanimous (3-0).
Site Plan Review
Herring Pond Road/Solar Field
The Board received the following documentation* for this site plan review:
Letter from Renewable Energy Development Partners, LLC, dated January 25, 2012
Zoning Permit Plan Set, dated January 2012
Atty. Richard Serkey deferred to staff for presentation.
Paul McAlduff joined the meeting.
Patrick Farah presented the site plan review for a 3MW solar photovoltaic system on a 24.63 acre site off Herring Pond Road. The project is divided into two solar arrays which will each be surrounded by a seven foot black coated chain link fence. The original fencing proposed was eight feet in height topped with barbed wire which has been eliminated. The applicant may be required to file with MEPA if a state permit is required and/or state funds are provided. The applicant has agreed to provide screening mitigation if necessary for several abutters including fencing, plantings and installation of a landscaped berm. The applicant has met with the Fire Department and agreed to provide adequate road access for emergency vehicles. The project will also comply with the light pollution bylaw. DPW will be
reviewing drainage plans prior to the building permit process.
Atty. Richard Serkey stated that the conditions outlined are acceptable and noted that the Cedarville Steering Committee is supportive.
Marc Garrett read the letter* from the Cedarville Steering Committee into the record.
Paul McAlduff asked how the rainwater would be captured on land that will be deforested.
Tom Melehan replied that they would be grading the site and not be installing any impervious surfaces that would impede the recharge. Mr. Melehan noted that the project engineers reviewed the plans and were not concerned with any drainage issues.
Atty. Serkey noted that the DPW will also review the drainage.
Tim Grandy asked about the longevity of the proposed solar panels, the time frame to complete the project and the stock pile shown on the plans.
Mr. Melehan stated that the panels have a twenty year warranty, with a lifespan of 35+ years, the project will take approximately five months to complete, and the stockpile will be used on site once the clearing has been completed.
Bill Wennerberg asked for an explanation of how much power 3MW would generate.
Mr. Melehan replied that 3MW would supply enough energy for approximately 450 homes.
Marc Garrett asked if during rain events would the panels create any sheeting and pooling issues that would undermine the stability of the site.
Mr. Melehan stated that the water will run off the panels and recharge into the sandy soil.
Paul McAlduff moved for the Board to notify the Building Commissioner that the site plan will comply with the Zoning Bylaw after the following issues are addressed:
A seven foot, black coated chain link fence is proposed to surround both solar arrays, however; Sheet C-3 and Detail Sheet D-1 of the Development Plan depicts the proposed fence height at eight feet with barbed wire detail.
The Applicant may be required to file with the Massachusetts Environmental Policy Act (MEPA) Office if a state permit is required and/or state funds are provided for this project.
The Applicant agrees to provide screening mitigation for several abutting residential properties, if needed, including proposed stockade fencing on 134 and 136 Herring Pond Road and planting of evergreen trees. Additional notes should reflect said improvements on Sheet C-3 of the Development Plan.
All service roads should conform to emergency vehicle access and turn radius requirements.
Any installed lighting is to comply with the Light Pollution Bylaw.
The Applicant shall submit proper drainage plans to the Department of Public Works for review prior to issuance of a building permit.
The vote was unanimous (4-0).
ZBA 3647 – Indianhead Realty Inc.,
1929 State Road, Map 61, Lot 6A-3
Marc Garrett read a letter* into the record from Atty. John Danehy requesting a withdrawal without prejudice of ZBA Case 3647.
Paul McAlduff moved for the Board to support the request to withdraw without prejudice; the vote was unanimous (4-0).
ZBA 3643 – Adriano Cimbron (cont.)
6 Cedarhill Park Dr., Map 55, Lot 37A-3
The Board received the following documentation* for the review of this case:
E-mail and letter from Fire Department dated February 8, 2012
Staff report for February 13, 2012 meeting
Planting Plan dated January 9, 2012
Memo from Valerie Massard dated February 2, 2012
Excerpt from the minutes of November 21, 2011
Staff report from the September 12, 2011 meeting
Site photographs and locus map
Building Elevations dated December 23, 2011
Atty. Robert Betters presented the request for special permits in order to create 18 units of office/warehouse/garage spaces in four buildings at the end of Cedarhill Park Dr. Fire suppression systems will be installed in units 1-4 in order to allow minor repair uses. Building elevations detailing the use of fire safe materials and revised landscape plans have been provided. The revised plans were presented to the Cedarville Steering Committee and they were supportive. Atty. Betters stated that the applicant has reviewed the staff recommendation and the proposed conditions are acceptable.
Valerie Massard noted that if a minor repair shop is to occupy any unit other than units 1-4, the entire building will have to have a fire suppression system installed. The density, code and landscaping issues have been addressed in the revised plans.
Bill Wennerberg moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Prior to issuance of a Building Permit for any site construction, the Petitioner shall:
- Show evidence of recording of the Special Permit at the Registry of Deeds, and demonstrate that any back taxes or other payments due to the Town, if any, are satisfied through presentation of a Municipal Lien Certificate;
- Satisfy the requirements of the DPW Engineering Department with respect to drainage design.
- Obtain a Street Opening permit from the DPW prior to any opening of any of the road surfaces for purposes of site construction.
- Demonstrate adequate water pressure and capacity to the satisfaction of the Water and Fire Departments.
- Provide Construction Plans for review and approval by the Department of Public Works and Fire Department with respect to final proposed utilities (details and connections) and pavement specifications.
- Add an interior stop line (12 inches) and stop sign.
- Add bollards to the building corners adjacent to driving lanes.
- Remove the note #3 that “utilities will be disposed of by Town Sewer.”
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 according to accepted practices and in compliance with the Zoning By-law and the approved site plan;
- A registered landscape architect or other qualified licensed professional must certify to the Building Inspector that the required landscaping has been properly installed in accordance with the approved site plan, the Zoning Bylaw, and acceptable landscape practices.
- Compliance with ADA requirements must be documented.
- Compliance with the Prevention of Light Pollution Zoning Bylaw must be documented.
- All areas deemed Fire Lanes by the Fire Department shall be striped as required.
The Building Commissioner is authorized to allow minor internal site field changes to the plans that do not amount to a substantial modification of the plans. Such changes may include substituting or moving particular plant material, number of shrubs or trees; moving a building in a manner that does not materially change the project; reconfiguration of drainage areas or parking spaces; or similar changes where it is impractical to install or construct as originally designed. Internal changes to the site plans unless amounting to a material change of appearance or function may be allowed by the Building Commissioner.
If any units within the three (3) buildings not so designated as internally sprinklered are proposed as minor repair shops, internal sprinklering of that entire building is required as requested by the Fire Department. Only units 1-4 are depicted as internally sprinklered at the time of this decision.
The vote was unanimous (4-0).
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
Lee Hartmann stated that the DPW has created a committee to draft a sewer master plan and would like a member of the Planning Board to sit on the committee.
Bill Wennerberg volunteered to be the Planning Board’s representative on the sewer master plan committee.
Tim Grandy moved for the Board to appoint Bill Wennerberg as their representative on the sewer master plan committee; the vote was unanimous (4-0).
Valerie Massard presented a request for a two year covenant extension for B530 - Prestige Way.
Tim Grandy for the Board to endorse a two-year covenant extension for B530 – Prestige Way; the vote was unanimous (4-0).
Lee Hartmann informed the Board that there was a meeting with representatives from the Town of Kingston and there is no progress to report regarding the opening of William C Gould Way.
Marc Garrett stated that he would be willing to contact all parties involved to see if a resolution can be reached.
Tim Grandy moved to adjourn at 7:56 p.m.; the vote was unanimous (4-0).
*On file with the Office of Planning and Development in project case files.
Eileen Hawthorne Approved: February 27, 2012