Minutes
3, 2008
Regular Meeting
Planning Board Agenda for Thursday, January 3, 2008
Scheduled:
7:00 PM 120 South Pleasant Street - Site Plan Review for Special Permit A2 for Removal of Earth Materials
7:30 PM 120 South Pleasant Street - Scenic Roads Act - to create four driveway openings along the east side of Lazell Street in association of proposed construction of four new homes on 6.44 acre parcel
Old/New Business:
Minutes/Bills
Form A-Overlee Residence
Central Meeting Room North
Present: Planning Board Members, Paul Healey, Chair, Sarah Corey, Clerk, Judy Sneath and
Gary Tondorf-Dick. Also present was Planner Katharine Lacy.
RE: 120 South Pleasant Street (Pleasant Street Development) -Earth Removal Permit
This was a joint hearing with the Zoning Board of Appeals. Building Commissioner Richard Morgan, Zoning Administrator Sue Eddy, and consulting engineer Paul Brogna were also present for the Town.
Present on behalf of the Applicant: Jim Robichaud, owner, and Gary James, James Engineering.
Mr. James described the application for Site Plan Approval in association with a Special Permit A2 (Earth Removal Permit) in accordance with Section V-C of the By-Law for the removal of 19,000-23,000 cubic yards of gravel from a 6.44 acre-site on 120 South Pleasant Street. The gravel is being removed in association with the development of four new house lots (plus an existing home and house lot) on a parcel of land at the corner of Lazell and South Pleasant. The land was divided through the "Approval Not Required" process due to the fact that there is sufficient frontage on Lazell Street for the four new lots, all of which will ultimately have Lazell Street addresses.
Mr. James stated that some of the earth to be removed from the site will be associated with the creation of the driveways and house foundations, but that the bulk of the earth to be removed will be from the back of lots 2 and 3 in order to create flat back yards. The driveways will have grades of 10% to 11% up from Lazell Street, and will be climbing 13'-18' up from the roadway to the house sites. He stated that the hours of operation for the earth removal will be 7:00 am to 5:00 pm. Trucks will come in and out of each lot by their individual driveway.
Mr. James stated that, in terms of other approvals, the Board of Health has approved the designs for the individual septic systems for each of the four new lots. The Applicant has applied to the Conservation Commission for a Notice of Intent and, if needed, an Order of Conditions for all four lots individually. Additionally, the applicant will be required to file for a Notice of Intent and Order of Conditions for the extension of the water line down Lazell Street (because it is in the buffer zone).
Gary Tondorf Dick asked the applicant whether they had looked at alternative designs for the site. He noted that much of the grading and earth removal was being driven by the need to create four individual entrances in and up from Lazell Street, whereas with one or more common driveways the impact on the terrain would be much less extreme. He pointed out that a common driveway in from South Pleasant would also result in the protection of the existing buffer along Lazell Street, which would better screen the new houses.
Tod McGrath asked exactly how much earth was being removed for the house foundations and driveways, and how much to flatten the gravel ridge at the back of the site. Mr. James responded that approximately 14,000-15,000 cubic yards would be removed to create level back yards. Mr. McGrath asked why it was so important to have flat back yards. Mr. Robichaud responded that he was trying to create houses similar in character to the other houses in the neighborhood, all of which are large, with spacious, level back yards.
Sarah Corey iterated Mr. Tondorf-Dick's concerns about the extreme nature of the proposed grading. She noted that the number of truck trips required (900-1400 round trips) would be tough on the neighbors, and result in wear and tear on Lazell Street, which is very narrow and one-way at this point. She also expressed concern about both the impact on surrounding land of removing such a large piece of land and the impact on drainage in the area. Ms. Sneath pointed out that many desirable properties in Town and elsewhere have sloped yards.
Planning Board Chairman Paul Healey read into the record a letter from DPW Superintendent Joseph Stigliani, noting that the work would require curb cut permits, and a Grant of Location for the installation of a new water line on Lazell Street. He pointed out that there is a history of drainage problems in this area, and requested an analysis of pre- and post-construction run-off onto abutting properties and Lazell Street. He expressed concern with the impact of the actual truck traffic on Lazell Street, and suggested that the Traffic Committee review the project.
Paul Brogna, peer review engineer for the Town, agreed with the reservations expressed about the project by Board members. He stated that at this point he did not have enough information regarding the project's short and long-term drainage impacts to fully determine its impacts on abutting properties. Mr. Brogna also noted that the new curb cuts posed public safety concerns in light of the narrow width of Lazell Street.
Deputy Chief Charles Souther expressed deep concern with the fact that the four new curb cuts were located on a one-way street. He noted the proximity of the lots to the corner of South Pleasant and Lazell, and speculated that it would be too tempting for future residents to simply drive the wrong-way in from Lazell rather than driving all of the way around to get to your house He noted that when High School lets out (around 2:00 pm) cars are frequently coming down Lazell Street the opposite direction at high speeds.
Attorney Adam Brodsky introduced himself as representing approximately 12 abutters who had hired him to look into the potential impacts of the project on their properties. He pointed out that, based on the criteria set forth in the By-law for earth removal, that the applicant had not provided all of the required information. He noted that this project will require review by the Conservation Commission, ZBA, Planning Board, Board of Health, DPW and public safety officials, and asked how the various boards were coordinating their review. He pointed out that once the site was cleared it would need to be stabilized to prevent erosion, and asked whether the applicant had submitted such a stabilization plan. He stated that he had been hired fairly recently by the abutters, and asked that the Boards not close their hearing so that he could better complete his review.
Various abutters spoke expressing their concerns about the impact of the project (clearing, grading and earth removal) on existing drainage problems in the area. They noted that the water table is high in this area. They also expressed concern about the truck traffic, in the short term, and the possibility of new residents driving one-way the wrong way on the roadway.
The public hearing for the earth removal permit was continued to January 24 at 7:00 PM.
RE: 120 South Pleasant Street - Scenic Roads Act
Present for the Applicant: Jim Robichaud, owner, and Gary James, James Engineering.
(This Scenic Roads Act hearing was held by the Planning Board only.)
Chairman Paul Healey provided an introduction to the hearing, explaining that the town adopted the Scenic Roads Act with Article 31, 1978 Town Meeting. At that time Lazell Street (and Union Street) was designated as a Scenic Road. The Scenic Road Act applies only to work within the right-of-way. That said, any modification of a stone wall within the right-of-way must have the prior written consent of the Planning Board, and, if trees are to be removed, the consent of the Tree Warden (DPW Superintendent Joe Stigliani).
Mr. James explained that the applicant plans to create four driveway openings along the east side of Lazell Street in association of proposed construction of four new homes on a 6.44 acre parcel. Lot #1 (240 Lazell Street) has an existing opening and will stay in its present location. Lot #2 also has an existing opening that will remain. Additionally, Lot 2 is missing a large section that needs to be rebuilt. Lots 3 and 4 do not have existing openings in the stone wall, and new openings will need to be created. According to the applicant, the bulk of the trees in the public right-of-way will not be disturbed.
Mr. Healey determined that, in light of the issues raised at the previous hearing regarding the use of a common driveway rather than individual drives, that it would be preferable to postpone consideration of the Scenic Road issues relative to the stone walls until after the location of all driveway openings was resolved. The hearing was continued to January 28, 2008.
RE: Form A- 152 Leavitt Street - Overlee Residence
It was moved, seconded, and SO VOTED, unanimously, by those present to accept the form A plan entitled, "Plan of Land Being a Subdivision of Land B As Shown on Plan 16149-A", dated December 18, 2007, prepared by Cavanaro Consulting, Inc., Norwell, MA for Steven & Claire Overlee, 152 Leavitt Street, Hingham, MA, owners and applicants.
The meeting adjourned at 10:00 PM.
Respectfully submitted,
Katharine Lacy
Town Planner