Zoning Board of Appeals Meeting
May 18, 2011
Minutes
These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting – Open Meeting Law – Section III.
Members present: Peter Conner, David Peck, Michael Main, Edward Conroy, Ryan Matthews, and James Simpson
Members absent: William Keohan
Staff present: Paul McAuliffe and Marilyn Byrne
Mr. Conner called the meeting to order and explained the procedures for the evening
Informal Hearing – Case No. 3618
Timothy & Christine M. Hall
32 Emerson Road – Review of one condition
Sitting: Peter Conner, David Peck, Michael Main, Edward Conroy
The petitioner returned on an informal basis with a completed set of drawings in order to meet the requirements of the By-law prior to the issuance of a Building Permit. J. Randolph (Randy) Parker, Land Management Systems, represented the petitioners and presented the final site plan to the Board. The Board accepted the plan dated March 10, 2011 as final.
Mr. Main motioned to approve Case No. 3618 as having met the condition. Mr. Peck seconded. Approved unanimously (4-0).
Informal Hearing – Case #3619
Molu, LLP
32 Nameloc Road – Review of one condition
Sitting: Mr. Conner, Mr. Peck, Mr. Conroy, Mr. Mathews and Mr. Simpson
Mr. Main recused himself from the hearing because he is an abutter.
The petitioner returned on an informal basis with a completed set of drawings in order to meet the requirements of the By-law prior to the issuance of a Building Permit. J. Randolph (Randy) Parker, Land Management Systems, represented the petitioners and presented the final site plan to the Board. The Board accepted the plan dated March 8, 2011 as final.
Mr. Peck motioned to approve Case No. 3619 as having met the condition. Mr. Conroy seconded. Approved unanimously (5-0)
“Continued” Public Hearing – Case #3624
Almeida Wind Turbine
20 Columbus Road
Sitting: Mr. Conner, Mr. Peck, Mr. Conroy and Mr. Main
Mr. Keohan sat on the original case but was absent tonight. Mr. Conner, the Chairman, asked the petitioners if they wished to continue without Mr. Keohan, as this case would then have only four voting members. Mr. Sweeney opted to proceed without Mr. Keohan.
James Sweeney, Sustainable New Energy and Mr. Sergio Quadros-Anaya, Cleanergie, represented the petitioners who are requesting a Special Permit for one wind generator and Atty. John L. Woods represented Plymouth Rock Broadcasting Company. The Petitioners returned with the requested materials that the Board asked for. Being passed in during the hearing, the Board did not have time to review the material.
Mr. Main motioned to continue Case No. 3624 to July 20, 2011 at 7:30 PM. In order to review the new materials. Mr. Peck seconded. Voted unanimously (5-0)
Public Hearing – Case #3628
Stop & Shop Fuel Facility
127 Samoset Street
Sitting: Mr. Conner, Mr. Peck, Mr. Main, Mr. Conroy and Mr. Simpson
Mr. Main read the legal advertisement into the record.
The Petitioners were represented by Lisa Davis of Lisa Davis Associates, Patrick T. Dunford, P.E. Project Manager, and Trisha Johnson, District Manager. The Petitioners are requesting a modification of Special Permit No. 2939 as it pertains to Condition #7, fuel delivery hours. Ms. Davis explained the history of the Stop & Shop Special Permit granted on November 10, 1999 which permitted fuel delivery between the hours of 12:00 Midnight and 6:00 A.M. The petitioners are seeking relief to bring in one truck between 1:00 PM and 5:00 PM to top off the tank with regular gasoline. The truck will travel around the back of the mall and will not take a left turn at the entrance way. The board discussed the case with the condition that the petitioners return within six months to show proof of their new request for a Special Permit for a larger
underground storage tank.
There was no public comment
Hearing Closed
Mr. Main motioned to approve Case No. 3628 with conditions. Mr. Peck seconded. Granted unanimously (5-0)
Submitted Documentation:
Submittal from Petitioner: Correspondence to Peter Conner, Chairman of the Board of Appeals from Lisa Davis, of Lisa Davis Associates of Lexington, Massachusetts, representing the Stop & Shop Supermarket Company, LLC (the Petitioner), dated March 17, 2011;
Submittal from Petitioner: A copy of Board of Appeals Case #2939, a Special Permit issued to David M. Petkewich, Agent for Sumner Schein, a Division of Carter & Burgess, on Behalf of the Stop & Shop Supermarket Company;
Email to the Town Planner dated May 2, 2010, the Petitioner’s representative, Lisa Davis;
Correspondence from the Old Colony Planning Council, with an attachment, dated March 24, 2011;
Accident reports from the Plymouth Police Department for Samoset Street dating from January 1, 2008 through April 15, 2011;
Submittal from Petitioner: A “Parking and Traffic Control Plan” (labeled Drawing No. C-2, 1 page) for the Fuel Facility at Myles Standish Plaza in Plymouth, Massachusetts dated July 12, 1999 and revised through January 6, 2000, prepared by Sumner Schein of South Windsor, Connecticut;
Zoning Board of Appeals Petition Application dated March 10, 2011;
Department of Inspectional Services, Town of Plymouth, MA Denial dated February 3, 2011;
Environmental Impact Statement received March 21, 2011;
Town of Plymouth, MA Planning Board Recommendation to the Zoning Board of Appeals dated May 4, 2011;
Department of Planning and Development Site Photos received May10, 2011;
Certificate of Title dated December 31, 1984;
Three (3) checks, Filing, Abutters, and Legal Advertisement;
Executed Waiver of Time;
Town of Plymouth Fire Department Response Letter dated April 28, 2011;
Letter from Stop & Shop to Mr. Peter Conner, Chairman, dated May 17, 2011;
Memo from Valerie Massard, Town Planner, Department of Planning and Development dated April 28, 2011; and
Newspaper Article in the Old Colony Memorial May 4, 2011 edition.
Informal Hearing – Case #3617
American Legion Post No. 40
199 Federal Furnace Road
Sitting: Mr. Conner, Mr. Peck, Mr. Main, Mr. Conroy, and Mr. Simpson
Mark Flaherty, Flaherty and Stefani, represented the petitioners who returned to the Board of Appeals in order to address each of the seven (7) conditions as per the granting of their Special Permit on January 19, 2011. Mr. Flaherty presented the final plans showing the changes made. Ed Fuller, Architect, answered questions from the Board.
Mr. Peck motion to accept the conditions as having been met. Mr. Main seconded. Approved unanimously (5-0).
Other Business:
Mr. Conner read an email sent to him from Valerie Massard, Senior Town Planner, concerning the Autofair Honda Dealership. The contractors at the site have determined that there is an issue with respect to the construction of the sidewalk connection between the Dealership and the 99 Restaurant. Specifically, the available distance and finished grades that may not meet ADA requirements. Atty. Edward Angley, who represents the Dealership, is requesting that the Board of Appeals allow for the Building Commissioner to issue a temporary occupancy permit pending a resolution to this matter. Mr. McAuliffe, the Building Commissioner, has inspected the sidewalk and agreed to issue an occupancy permit pending the redesign of the sidewalk. Mr. McAuliffe will send a response to Ms. Massard and a letter to the Board stating that this is
a reasonable request.
No further business came before the board in open session.
Respectfully submitted,
Marilyn Byrne
Administrative Secretary
Approved: 05/19/2011
| 
