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Planning Board Minutes July 23, 2012
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, Tim Grandy, and Malcolm MacGregor
Planning Board Alternate:  Ken Buechs
Staff Members:  Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne
        
Administrative Notes:

ZBA 3676 - 19 Winslow St Realty Trust, John S. Parsons, TR, and 78 Water Street, LLC, 72 & 74 Water Street, Map 20, Lot 38, Special Permit to waive the side setback requirements and to enlarge a non-conforming structure in a DH zone
The Board received the following documentation* for the review of this case:
Staff Report
Engineering Department Comments dated June 25, 2012
Locus Maps
Unofficial Property Record card
Historic District Inventory Sheets
Building Elevations
Site Plan dated May 8, 2012
The Board recommended approval of ZBA 3676 subject to the following condition:
Failure to satisfy the requirements of the Historic District Commission and Building Code for construction of the stairs and landing subject to this special permit shall render this permit null and void.

ZBA 3678 – Michael Egan, 103 Peter Road, Map 108, Lot 10-72 – Special Permit to waive the side and front minimum setback requirements in order to erect a detached 24’x28’ garage
The Board received the following documentation* for the review of this case:
Staff Report
Written Comments from Lianne Dickinson
Engineering Departments Comments dated June 25, 2012
Locus Maps and Site Photographs
Garage Schematic
Site Plan dated June 5, 2012
The Board recommended approval of ZBA 3678 subject to the following condition:
The garage and storage above shall not be used for living space or commercial uses.

ZBA 3679 – Craig C Carreau, 180 South Meadow Road, Map 97, Lot 6-5, Unit K – Special Permit for auto repair (full scale auto sales is a prohibited use in an AP zone)
The Board received the following documentation* for the review of this case:
Staff Report
Engineering Department Comments dated July 5, 2012
Locus Maps and Building Photographs
Site Plan
The Board recommended approval of ZBA 3679, subject to the following conditions:
Applicable building, safety and fire codes for the use must be met for any renovations to the building for the proposed use, and with respect to disposal of regulated materials.

Occasional retail sales are permitted through this special permit.  The use of the facility for full-scale automobile sales is prohibited.
There shall be no outdoor storage of vehicles.

ZBA 3681 – Kevin P Shea, 27 Shore Road, Map 56, Lot 71-30 – Special Permit to waive the side setback requirement and a modification of SP 3621 for access requirements
The Board received the following documentation* for the review of this case:
Staff Report
Engineering Department Comments dated July 3, 2012
Board of Appeals Decision #3621
Locus Map and Site Photographs
As-Built Plan dated March 5, 2012
The Board recommended approval of ZBA 3681.

B523 – Valley View Preserve RDD
Termination and Release of Phasing Covenant
The Board approved and signed a termination and release of the phasing covenant for B523 – Valley View Preserve RDD.
Valerie Massard noted that an RDD is not subject to a phasing covenant.  

Form A Plans:
The Board determined that the following Form A plan is entitled to endorsement:
A4432 – Stasinos Family Series LLC, 25 Howland St, Map 17, Lot 156A (0.64A) – Divide into 156A-1 (0.22A), 156A-2 (0.22A) and 156A-3 (0.21A)
Valerie Massard noted that if there are any shared facilities on the three lots, it may trigger a special permit process.

Malcolm MacGregor moved for the Board to approve the Administrative Notes as presented, Tim Grandy, second; the vote was unanimous (4-0).  

ZBA 3680 – Jeffrey Doyle
30 Industrial Park Rd, Map 101, Lot 41 H
Special Permit for a recreational use in a LI zone
The Board received the following documentation* for the review of this case:
Staff Report
Locus Map
Site Plan dated July 17, 2012
Marc Garrett recused himself from this presentation and joined the audience.
Mark Flaherty presented the request for a special permit to lease 12,000 sq. ft. of space at 30 Industrial Park Road for a recreational facility.  The facility would consist of a 6,000 sq. ft. training field, 4,000 sq. ft. for four batting cages, 1,000 sq. ft. for office/storage space and 1,000 sq. ft. for restroom space.  The facility will be used by local sports teams for indoor practice.  Thirty parking spaces will be provided on existing pavement that will be striped and there is an 80 ft. turning radius for vehicles entering and exiting the site.  Mr. Flaherty noted that Tracy Motors uses the remaining portion of the site for overflow dealership parking of vehicles and minor auto repairs.  
Paul McAlduff joined the meeting
Malcolm MacGregor moved to recommend approval of ZBA 3680 subject to the following condition:
No retail sales are proposed or intended at this time and consequently retails sales are not allowed under this special permit.
Tim Grandy, second; the vote was unanimous (4-0).

Marc Garrett rejoined the Board.
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
Minutes:
July 2, 2012*
Paul McAlduff moved for the Board to approve the minutes of July 2, 2012 as presented; Tim Grandy, second; the vote was (4-0-1) with Bill Wennerberg in abstention.

Commerce Park Scheduling
Atty Robert Betters requested that the Board schedule a joint meeting with the West Plymouth Steering Committee (WPSC) for an informal review of a proposed development on Map 105, Lot 1-27, off Carver Road.  The DPW is currently working on infrastructure improvements on Commerce Way and would like to tie the infrastructure improvements for the connector road which will go through Cranberry Crescent (formerly Commerce Park) from Route 80 to Samoset Street into the ongoing project.   The informal review was scheduled to be presented to the WPSC on July 18, 2012, but the meeting was cancelled due to severe weather conditions.  Discussions are ongoing regarding providing Town water and sewer to the site and a potential TIF from the Economic Foundation.  The connector road would be designed to the current DPW standards and when constructed would be conveyed to the Town.  
The Board agreed to holding a meeting on July 30, 2012 and inviting the WPSC to attend.  

Malcolm MacGregor moved for the Board to request that the Town’s Energy Committee work on creating a solar bylaw.
Paul McAlduff stated that the Energy Committee has received copies of a solar bylaw from Sandwich, but that they are currently working to revise the wind turbine bylaw.  
Mr. Hartmann suggested that the State requirements need to be researched as well.
Paul McAlduff, second; the vote was unanimous (5-0).  
  
Valerie Massard announced a meeting with OCPC regarding hike and bike trail links is scheduled for Tuesday, July 31, 2012 at 7:00 p.m. in the Otto Fehlow room at the Plymouth Public Library on South Street.   

Paul McAlduff moved for the Board to enter into executive session pursuant to Mass. General Laws, Chapter 30A, Section 21 in order to discuss strategy with respect to potential litigation related to Map 123, Lot 1P-1282, Gunning Point Road; Malcolm MacGregor, second.  A roll call vote was taken:  Tim Grandy – yes; Paul McAlduff – yes; Malcolm MacGregor – yes; Bill Wennerberg – yes; and Marc Garrett – yes.  Mr. Garrett announced that the Board would not be returning to open session.   

The Board adjourned to executive session at 7:47 p.m.

*On file with the Office of Planning and Development in project case files.  

Respectfully Submitted,





Eileen Hawthorne                                Approved:  August 6, 2012
Administrative Assistant