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, William Keohan, Edward Conroy, and James Simpson
Members absent: Ryan Matthews
Staff present: Paul McAuliffe and Marilyn Byrne
Mr. Conner called the meeting to order and explained the procedures for the evening
Public Hearing
Case #3633
Industrial Tower and Wireless, LLC
109 Rear Center Hill Road
Sitting: Mr. Conner, Mr. Peck, Mr. Main, Mr. Conroy, and Mr. Simpson
Mr. Keohan, the Clerk, recused himself from the hearing. Mr. Keohan is serving as the Chairman of the Community Preservation Commission, and has actively participated in projects in the abutting area.
Mr. Main read the legal advertisement into the record.
The petitioners are seeking a Special Permit per Section 205-40 Paragraph D5, subject to environmental design conditions for a communication tower and a Special Permit per Section 205-17 paragraph I, to exceed the height requirements in order to construct a 150 foot monopole wireless tower and accessory equipment.
Due to the lengthy presentations intended by both Attorney Angley, representing the petitioners, and Attorney Richard Serkey, representing the opponents, a continuation date was decided by both the Members of the Board and Attorney’s Angley and Serkey. Mr. Main requested that the petitioner agree to a peer review pertaining to noise and that this vital information needs to be part of the discussions.
Mr. Main motioned to continue the hearing until August 17, 2011 at 7:30 pm and that the petitioners will have a completed peer review at least one week in advance of the continued hearing date and that no other hearings will be scheduled on that evening. David seconded.
Agreed unanimously (5-0).
Public Hearing
Case #3634
William F. Ellis
5 Water Street
Sitting: Mr. Conner, Mr. Peck, Mr. Main, Mr. Keohan, and Mr. Conroy
Mr. Keohan, the clerk, read the legal advertisement into the record.
The applicant is seeking a Special Permit per Section 205-54, Paragraph C4 for a minor repair shop and represented himself. Mr. Ellis is presently using this location as an office, drop-off, and pick-up, and taking the equipment to his home to repair.
There was no public comment.
Mr. Main motioned to Approve with the one condition. Mr. Peck seconded. Granted unanimously (5-0).
Submitted Documentation:
Site Plan hand drawn by the applicant;
Department of Inspectional Services Town of Plymouth Denial dated March 17, 2011;
Zoning Board of Appeals Petition Application dated May 3,2011;
Certified abutters listing
Two (2) sets of Mailing labels
Town of Plymouth Fire Department Review letter dated June 9, 2011;
Town of Plymouth Fire Department Revised Review letter dated June 16, 2011;
Executed waiver of time
Plymouth County Registry of Deeds Quitclaim Deed dated December 21, 2004;
Commonwealth of Massachusetts Certificate of Organization of a Limited Liability Company dated December 8, 2004;
(2) Site Photos submitted by the applicant;
Town of Plymouth Planning Board recommendation dated June 21,2011;
(2) Site photos Town of Plymouth Planning and Development; and
Letter from abutter John Christensen dated June 12, 2011.
Public Hearing
Case #3635
William H. & Marcia Sykes
13 River Street
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main and Mr. Conroy.
Mr. Keohan, the clerk, read the legal ad into the record.
The petitioner is seeking a Special Permit per Section 205-42 and Table 5 to waive the side and rear setback requirements in an R25 Zone for a barn built in 2007 in the required side yard setback area. Mr. and Mrs. Sykes represented themselves. The building was originally permitted as a barn to house a bicycle shop. The contractors poured the foundation and the foundation was inspected by the Department of Inspectional Services. The barn was built before the Sykes’s were made aware that it was in the wrong spot by a neighbor. The Sykes then received a Special Permit to move the barn but the project was never started due to economic reasons.
Public Comment: Several letters from abutters in favor
Hearing Closed:
David motioned to approve with (3) conditions. Mr. Conroy seconded. Granted unanimously
(5-0)
Submitted Documentation:
Town of Plymouth Fire Department Review Letter dated June 6, 2011;
Executed Waiver of Time;
Plymouth County Registry of Deeds Book 6842, Page 133, dated May 9, 1986;
Board of Appeals Petition Application dated May 10, 2011;
Department of Inspectional Services Town of Plymouth denial dated December 8, 2009;
Residential Zoning Permit Application dated November 24, 2009;
Two (2) Sets of Mailing Labels;
Certified Abutters listing dated May 10, 2011;
Filing, Abutters, and Legal Advertising Fees, (3 checks);
Town of Plymouth Department of Inspectional Services letter to William & Marcia Sykes dated April 26, 2011 and accompanying emails;
Town of Plymouth Planning Board Recommendation dated June 21, 2011; and
(2) Site Photos;
Public Hearing
Case #3637
Jeremiah Gallant (J & J Realty Trust)
252 Summer Street
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy
Mr. Keohan, the Clerk, read the legal advertisement into the record.
The petitioners are requesting a Special Permit per Section 205-25 Paragraph A3 to expand and/or enlarge to a non-conforming use in order to replace several seasonal greenhouses with a dog daycare use while maintaining existing seasonal nursery/plant sales. Attorney Edward Angley represented the petitioners and explained to the Board that the applicant will continue his garden business and “Happy Hound Daycare” will help to supplement their income. Randy Parker, of Land Management Systems, Inc. explained the site plan and Jeffrey Metcalfe, Registered Architect, conducted a conceptual presentation and overview of the facility.
Public Comment: Lloyd Rosenberg, an abutter, had concerns regarding enforcement of specific
hours and days of business operation and excessive barking. Mr. Rosenberg’s concerns
have been met in conversations with the applicant and the Board Members.
Hearing Closed
Mr. Main motioned to approve with (4) conditions as discussed. Mr. Peck seconded. Approved unanimously (5-0)
Submitted Documentation:
Site Plan dated May 25, 2011 prepared by Land Management Systems, Inc.;
Zoning Board of Appeals Petition Application dated May 25, 2011;
Town of Plymouth Department of Inspectional Services Denial dated May 25, 2011;
Plymouth County Registry of Deeds Quitclaim Deed dated February 6, 1984;
Executed Waiver of time;
Two (2) Sets of mailing labels;
Filing, Abutters, and Legal Advertisement Fees (3) checks;
Memo from West Plymouth Steering committee dated June 16, 2011;
Memo from the Design Review Board dated June 14, 2011;
Letter from abutter Lloyd C. Rosenberg dated June 2, 2011;
Town of Plymouth Fire Department review letter dated June 16, 2011;
Narrative from Land Management Systems, Inc. received on June 21, 2011;
Town of Plymouth Planning Board Recommendation dated June 21, 2011;
Unofficial property record card; and
Town of Plymouth Planning and Development Office (2) site photos.
“Informal Hearing - Casa Bella – Case #3448
90 Carver Road - Condition #6a
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, and Mr. Main
The petitioner has met the town Engineer’s approval with respect to the submitted drainage calculations and maintenance plan as requested in Condition #6a of Special Permit No. 3448.
A revised date is required on the “Casa Bella” Operation & Maintenance Controls Plan submitted by the petitioner, and a revised date and signature is required on the Drainage Calculation Plan. The Board suggested that the applicant return on an informal basis with the required dates and signatures.
Mr. Main motioned to continue the informal hearing. Mr. Peck seconded. Agreed unanimously (4-0)
“Informal Hearing” – Case #3182 – Phase 3 at Colony Place
The Lifestyle Plaza Main Tenant Building at Commerce Way
“Site Plan Review”
The petitioners returned on an informal basis for approval of architectural details for a proposed tenant building and to ensure that the details are consistent with the overall aesthetics of the “lifestyle plaza” building in Phase 3, in accordance with the requirements of Condition #1 of the Special Permit. Roads, overall drainage, and general site plans have already been approved by the Planning Board on this building and phase under Special Permit #3182. Gary Darmen represented Saxon Real Estate Partners, LLC presenting site plans for “Charming Charlie’s”, a ladies accessories store.
Mr. Peck motioned to approve the site plan review. Mr. Main seconded. Agreed unanimously (5-0).
“Informal Hearing” - Case #3517
Balboni, LLC - Camelot Wind
Condition No. 6 - Change in Manufacturer
Sitting: Mr. Conner, Mr. Peck, and Mr. Main
Richard Tabaczynski, PE, from Atlantic Design Engineers, LLC represented the petitioner stating that the projected noise and shadow flicker impacts for the Gold Wind turbine will be consistent with the original wind turbine’s (AAER) operating parameters. The AAER is no longer available. Patrick Farah, Town Planning Technician, responded in a memo to the Zoning Board of Appeals that the submitted documentation which reflects a change of turbine manufacturer from the AAER A-1500 77 to a Gold Wind GW XX/1500 has the unit’s overall height from natural grade to the tip of the blade will be equal or less than the original proposed unit, although specific dimensions vary, according to Atlantic Design Engineers, LLC
Mr. Main motioned to approve condition #6 change in manufacturer. Mr. Peck seconded. Agreed unanimously (3-0)
No further business came before the board in open session.
Respectfully submitted,
Marilyn Byrne
Administrative Secretary
Approved: 06/30/11
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