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 Bill Wennerberg
Planning Board Alternate: Ken Buechs
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes:
The Board approved the minutes of May 13, 2013* as presented.
The Board approved the minutes of May 20, 2013* as presented.
Form A Plans:
The Board determined that the following Form A plan was entitled to endorsement:
A4460* – Marion G Kimball Trust and Estate of Chandler Gregg, 110 and 150 Morgan Road, Map 69, Lots 83 and 85 – Lot line adjustment to create lots 83-1 and 85-1
Bill Wennerberg moved for the Board to approve the Administrative Notes as presented; Marc Garrett, second; the vote was unanimous (5-0).
ZBA 3714 – SMR Realty Trust
180 South Meadow Road, Map 97, Lot 6-5
Special Permit subject to EDC to have more than one principal non-residential
structure on a lot
The Board received the following documentation* for review of this case:
Staff Report
Existing building photograph
Unofficial property record card
Letter to Engineering Dept. from Anthony A. Esposito dated May 6, 2013
Drainage Narrative and calculations
Pre-application for Stormwater Design
Special Permit Narrative
Environmental Impact Statement
Locus Map
Plan B – Preliminary Floor Plan
Site Plan for Building 2 dated October 3, 2012
Handout: Revised Staff Report
Fire Department Comments dated May 30, 2013
Randy Parker, Land Management Systems, Inc., presented the request for a Special Permit subject to EDC to have more than one principal non-residential structure on a lot in order to construct a second building on the lot. The second warehouse type building would be 60’x100’ and each bay would contain small trade office/retail space with individual restrooms and storage. The new building will be 48 ft. from the existing structure with a 25 ft. wide driving lane between. The site has been reviewed and okayed by Natural Heritage. The site is not in an aquifer protection district.
Tim Grandy asked if a fire suppression system would be installed.
Mr. Parker replied that the owner will comply with any Fire Department recommendations.
Bill Wennerberg moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
All prior conditions remain in full force and effect for uses, if any, in the new building, consistent with those subject to previous BOA #3679.
Exterior lighting must comply with the Prevention of Light Pollution Section of the Bylaw.
Prior to issuance of a Building Permit:
- The Petitioner shall show evidence of payment of any back taxes owed to the Town, if any, on the subject properties, through a Municipal Lien Certificate(s) to the Building Inspector;
- Evidence of recording of this Special Permit shall be provided to the Building Commissioner and the Board of Appeals;
- The Fire Department shall review the plans for, the following, subject to final approval by the Board of Appeals on an informal basis:
- adequate access around all four sides of the building;
- Fire hydrants preferably located on the right side of the street in relation to response vehicle direction of travel, and to be installed no less then 24 inches from grade to the center of the Steamer connections; and
- Fire lanes and access roads shall be designed to support vehicles of 80,800 pounds Gross Vehicle Weight (GVW).
Any uses within the buildings on the subject property that meet the legal definition of a “high hazard use” within the Fire Code will require further review by the Fire Department for adequate fire safety protection, or the buildings shall both be equipped with fire suppression sprinklers and fire alarm coverage.
Tim Grandy, second; the vote was unanimous (5-0).
ZBA 3713 – JonMat Realty Trust
61 Commerce Way, Map 103, Lot 14K-163
Special Permit subject to EDC to allow a personal service establishment (Nail Salon)
The Board received the following documentation* for review of this case:
Staff Report
Locus Map and Site Photographs
Site Plan Dated January 4, 2010
Handout: Fire Department Comments dated May 29, 2013
Floor Plan dated May 24, 2013
Attorney Edward Angley presented the request for a Special Permit subject to EDC to allow a personal service establishment (Nail Salon) in an existing commercial building.
Valerie Massard noted that no comments were received from the Fire Department or the West Plymouth Steering Committee. Ms. Massard stated that a conditions is included that a Management Plan for the storage of toxic or hazardous materials should be submitted to the Fire Department if there is such a use associated with the nail salon because the site is located in an Area II (Zone II) of a municipal well.
Tim Grandy requested that proper ventilation should be required.
Bill Wennerberg moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
If the nail salon use stores, handles or uses hazardous or toxic materials in uses greater than household quantities as defined in Section 205-57, Aquifer Protection, the Petitioner shall provide a Complete Management Plan for approval per Paragraph H(5)(b), and a monitoring well plan, if deemed necessary by this review, prior to issuance of an Occupancy Permit.
Adequate ventilation and air intake for the proposed use shall be installed, as determined by the Building Commissioner.
Signage shall conform to the Bylaw or additional permits will be required.
Marc Garrett, second; the vote was unanimous (5-0)
ZBA 3698 – Stop and Shop LLC
Off Samoset Street, Map 101, Lots 16A-Z, 17A-2, and 17B-3
Special Permit subject to EDC for a wind turbine
Staff Report
Locus Map and Site Photographs
Fire Department Comments dated January 17, 2013
Engineering Department Comments dated January 22, 2013
West Plymouth Steering Committee Comments dated March 3, 2013
Stop and Shop Narrative dated January 10, 2013
Letter from Atlantic Design Engineers dated March 21, 2013
Sight Line Plan dated December 26, 2012
Vehicle Access and Laydown Plan dated February 28, 2013
Proposed Turbine Elevation View date February 28, 2013
Gamesa detail sheets received January 10, 2013
Letter from Atlantic Design Engineers dated January 24, 2013
Capacity Factor Calculations dated December 26, 2012
Letter from Atlantic Design Engineers dated December 26, 2012
Letter from Federal Aviation Administration dated December 13, 2012
Letter from Mass DOT dated November 21, 2012
Letter from Beals & Thomas dated January 28, 2013
Letter from Atlantic Design Engineers dated February 25, 2013
Letter from Beals & Thomas dated March 19, 2013
Letters (2) from Modeling Specialties dated April 16, 2013
Letter from Department of Environmental Protection (DEP) dated April 17, 2013
Letter from Patrick Farah to DEP dated April 24, 2013
Letter from DEP dated April 26, 2013
Letter from Modeling Specialties dated March 13, 2013
Environmental Impact Statement
Shadow Flicker Analysis
Environmental Sound Level Assessment
Photosimulation Report
Site Plans Dated December 26, 2012
Handouts:
Response of Algonquin Heights Associates Limited Partnership with attachments
Comment Letter received June 3, 2013
Doug Sheadel, Modeling Specialties presented an updated sound analysis based on guidelines provided by the Department of Environmental Protection (DEP). The analysis was submitted to staff late this afternoon. The sound measurements were taken at six separate locations (including adjacent to Algonquin Heights) at ten minute intervals. The study shows that the turbine would be in compliance with DEP and Town regulations and not exceed 10 decibels.
Patrick Farah noted that on March 25, 2013 the Board continued this review in order to allow time to receive and review DEP’s comments. Mr. Farah state that the information presented by Mr. Sheadel tonight was submitted late this afternoon to DEP and will be submitted to the Town’s peer review consultant, Beals and Thomas, tomorrow. The staff report recommends approval providing DEP’s future comments are favorable. He noted that the project meets the setback requirements, but there is some concern regarding the visibility of the turbine to nearby residences. The shadow flicker analysis shows that the receptor sites meet the maximum 30 hour per year State and Town guidelines. There are three residences that may experience greater than 15 hours per year of shadow flicker and may require
mitigation measures to reduce the impact.
Lee Hartmann stated that it was difficult to make a recommendation with incomplete information. He noted that the review could be continued to the next meeting, but he was not confident that the reviews of the additional information (if available) could be completed by next week.
Marc Garrett questioned the timing of the submission of the additional information that was requested.
Mr. Sheadel replied that the weather conditions were not favorable for the gathering of the information that needed to be sent to DEP until recently.
Mr. Garrett commented that the Town still had not received and reviewed DEP and Beals & Thomas comments on the new information and that was the reason the March 25, 2013 review was continued. Mr. Garrett stated that he was not prepared to make a decision.
Mr. Hartmann asked if the applicant would be willing to ask for a continuance from the Zoning Board of Appeals.
Tim Grandy agreed with Mr. Garrett regarding the timing of submissions and the lack of information. He was not prepared to make a recommendation.
Malcolm MacGregor agreed with Mr. Garrett and Mr. Grandy regarding the lack of information. Mr. MacGregor asked about the FAA regulations are regarding the lighting of the turbine. He was concerned with the visual impact of the blinking red lights.
Richard Tabaczynski, Atlantic Design Engineers, replied that the FAA regulations require the installation of the blinking red light. He stated that the light would be shielded upwards rather than downwards on the abutting neighborhood.
Atty. Angley felt that the Zoning Board of Appeals (ZBA) would not grant another continuance and stated he would be moving forward with this case at the ZBA meeting on June 19, 2013. He stated that DEP stated that the turn around for their review would be one week. Atty. Angley suggested continuing the Planning Board’s review to June 10, 2013.
Malcolm MacGregor moved for the Board to continue their review of ZBA 3698 – Stop and Shop LLC to June 10, 2013; Marc Garrett, second; the vote was unanimous (5-0).
Other Business
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
1820 Courthouse Update
There was no new update. An update is expected after the interview process is completed.
Tim Grandy moved for the Board to adjourn at 7:52 p.m.; Bill Wennerberg, 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: June 10, 2013
Administrative Assistant
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