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, Ryan Matthews, and James Simpson
Staff present: Paul McAuliffe and Marilyn Byrne
Mr. Conner called the meeting to order and explained the procedures for the evening
Reorganization
Mr. Peck, Vice-Chairman welcomed nominations from the Board:
Mr. Main nominated Mr. Conner for Chairman
Mr. Conner was voted unanimously as Chairman
Mr. Main nominated Mr. Peck for Vice-Chairman
Mr. Peck was voted unanimously as Vice-Chairman
Mr. Main nominated Mr. Keohan as Clerk
Mr. Keohan was voted unanimously as Clerk
*Members voting on nominations were Peter Conner, David Peck, William Keohan, Michael Main, and Ed Conroy
Continued Public Hearing – Case No. 3624
Almeida Wind Energy Conversion System (WECS)
20 Columbus Road
Sitting: Peter Conner, David Peck, William Keohan, Michael Main, and Edward Conroy
Mr. Keohan, the Clerk, read a letter dated July 14, 2011 from Mr. James P. Sweeney, President of Sustainable New Energy, Marlborough, Massachusetts, the petitioner’s representative, requesting that the case for a wind energy conversion system (WECS) be withdrawn without prejudice, due to the inability to meet all the requirements of the local radio station and legal issues associated with their requirements and the additional requirements beyond the local wind bylaw.
Procedurally, according to Massachusetts Law, once a public hearing is opened a petition cannot be withdrawn with or without prejudice. The Zoning Board of Appeals would have to render a decision.
Mr. Peck motioned to deny Case No. 3624 without prejudice. Mr. Main seconded. Denied without prejudice unanimously (5-0).
Public Hearing – Case No. 3636
Rebecca Duke
28 & 30 Allerton Street
Sitting: Peter Conner, David Peck, William Keohan, Michael Main, and Edward Conroy
Mr. Keohan, the Clerk, read the legal advertisement into the record
Attorney Richard Serkey, Winokur, Winokur, Serkey & Rosenberg, Plymouth, Massachusetts, presented the petitioner’s request for a Special Permit per Section 205-25, Paragraph A3 & B to make a non-conforming lot more non-conforming. Attorney Serkey explained that a portion of Lot 59 owned by Frank & Alma O’Glishen will be conveyed to Lot 60 owned by Mrs. Duke, therefore, making each lot more non-conforming.
Public comment: None
Hearing Closed
Mr. Peck motioned to approve Case No. 3636. Mr. Main seconded. Granted Unanimously (5-0)
Submitted Documentation:
Site plan entitled “Plan to Accompany Petition to Zoning Board of Appeals” dated April
19, 2011, prepared by Flaherty & Stefani, Inc., of Plymouth, Massachusetts;
Town of Plymouth Certified abutters listing dated May 17, 2011;
• o (2) sets of mailing labels;
Town of Plymouth Inspectional Services Denial dated May 25, 2011
Plymouth Registry of Deeds Quitclaim deed dated August 24, 2010;
Executed Waiver of Time
Zoning Board of Appeals petition application received on May 26, 2011;
Town of Plymouth Department of Planning and Development (3) Site photos
Town of Plymouth Planning Board Recommendation dated June 15, 2011
Attorney Richard Serkey passed in 2 site photos at the public hearing;
Continued Public Hearing – Case No. 3232
Bartlett Pond Pastures – 40B Subdivision
Brook Road
Sitting: Peter Conner, David Peck, William Keohan, Michael Main, and Edward Conroy
Attorney Elizabeth Lane, Kopelman and Paige, P.C., Boston, Massachusetts, represented the Town of Plymouth. Attorney Joseph Kelleher, Kraus and Humel, Plymouth, Massachsetts and Mr. Griffin from Atlantic Design, represented the petitioner, Mr. Robert Freeland. Case No. 3232, approved in 2005, requires that the petitioner return to the Zoning Board of Appeals for subdivision approval. Attorney Lane stated that the Town of Plymouth wants to make sure that the public, in general, has access rights to adjacent town land once the subdivision is constructed. The Petitioner is complying with the subdivision rules and regulations except those specifically waived.
Mr. Main motioned to approve the Partial Final Definitive Sub-Division Plan. Mr. Conroy seconded. Agreed unanimously (5-0).
Continued Public Hearing – Case No. 3630
Polar Cat, LLC
18 Howland Street
Sitting: Peter Conner, David Peck, William Keohan, Michael Main, and Edward Conroy
Attorney Robert C. Betters appeared on behalf of the petitioner, and introduced his client, Phil Cronin, Principal owner of Polar Cat LLC, Mr. Jay McMichael, the architect on the project and Mark Flaherty the Engineer, The petitioner is requesting a Special Permit per Section 205-54, Paragraph C5 to have greater than 8 units, a Special Permit per Section 205-23 Paragraph A3, D2, and G2 and other relevant provisions to modify off street parking. Based on comments at the initial public hearing concerning density, Attorney Betters explained the Petitioner’s willingness to reduce the number of units within the proposed building from twelve to eleven, seven of which would be two-bedroom units and four of which would be one-bedroom units. Two affordable units would still be provided. Attorney Betters further explained the
proposed retention of the number of parking spaces shown on the site plan at twenty. Attorney Betters then passed out a “Planning and Urban Design Standards” package from the American Planning Association in reference to parking spaces. Jay M. McMichael displayed the revised site plans and explained the new footprint of the proposed building plan and answered questions from the Board. The petitioner has made a commitment to the Parking Fund.
Mr. Main motioned to approve Case No. 3630 with conditions as discussed. Mr. Peck 2nd Granted (4-1). Mr. Conroy opposed.
Submitted Documentation:
“Site Plan of Howland Street Apartments (5 sheets),” Prepared by Flaherty & Stefani, Inc. of Plymouth, Massachusetts, dated February 2, 2011;
“Conventional Parking Plan” of the site proposed for the Howland Street Apartments, Prepared by Flaherty & Stefani, Inc. of Plymouth, Massachusetts, dated February 2, 2011;
“Existing ‘Parking’ Plan” of the site proposed for the Howland Street Apartments – existing conditions plan – Prepared by Flaherty & Stefani, Inc. of Plymouth, Massachusetts dated November 12, 2009;
Zoning Board of Appeals Petition Application dated March 30, 2011;
Declaration of Restrictions (Corporate) dated December 21, 1987;
Town of Plymouth Department of Inspectional Services dated February 16, 2011;
Drainage Calculations prepared by Flaherty & Stefani, Inc., Plymouth, MA dated February 2, 2011;
Copy of Zoning Board of Appeals, Decision Case #2157 dated October 13, 1987;
Registry of Deeds, Plymouth County, Quitclaim Deed dated April 1, 2005;
Executed Waiver of Time received on March 31, 2011;
Town of Plymouth Department of Planning and Development Recommendation dated May 17, 2011;
(2) Certified Abutters Listing’s for 18 Howland Street and 32 Court Street, Town of Plymouth, dated February 24, 2011;
(2) Sets of Mailing Labels for both listings
Town of Plymouth Department of Planning and Development Site Photos (2)
Correspondence to the Board of Appeals dated April 18, 2011 (received at the Planning Board meeting), 2 pages, providing a “Parking Lot Count” at both 34 Court Street parking and at the subject site;
Site photographs dated May 5, 2011 (6 8-1/2” x 11” sheets, color, also received at the Planning Board meeting);
Architectural drawings with elevations (2 pages) prepared by Coastal Restoration of Plymouth, Massachusetts dated November 7, 2008 and revised through February 4, 2009 and architectural “photo boards” (2) presented at the Planning Board meeting (photographs of the boards are in the file);
Landscaping plan entitled “Preliminary Planting Plan Alternate B (1 page), prepared by R. Jon Henson Landscape Architects of Florence, Massachusetts dated April 6, 2011;
Correspondence and supporting information from Attorney Robert C. Betters of Withington and Betters, Inc., Plymouth, Massachusetts;
Town of Plymouth Fire Department Response Letter dated May 11, 2011;
Town of Plymouth Department of Public Works Engineering Division Response Letter dated May 16, 2011;
Plymouth Center Steering Committee review letter dated May 12, 2011;
Attorney. Robert C. Betters passed out a Hartmann, AICP, Planning & Development Town of Plymouth dated November 27, 2006 with attached copies of 1885-1927 of Plymouth Sanborn Map;
Copy of Minutes from the Town of Plymouth Historic District Commission held on April 20, 2011;
Statement regarding parking on Howland Street and photos passed in at public hearing on June 1, 2011 by an abutter (unnamed);
Site Photo’s passed in at hearing on June 1, 2011; and
Booklet entitled “Planning and Urban Design Standards received during July 20th hearing from Attorney. Robert C. Betters.
Public Hearing – Case No. 3639
Harald, LLC
Honda Drive
Sitting: Peter Conner, David Peck, William Keohan, Michael Main, and Edward Conroy
Mr. Keohan, the Clerk, read the legal advertisement into the record.
Attorney Edward Angley represented the petitioner, HARALD, LLC, and introduced the Project Manager, Mr. Phil Cordeiro, P.E., of Allen & Major Associates, Inc. Lakeville, Massachusetts. The petitioner is seeking a Special Permit per Section 205-18, Paragraph B3 & F1, subject to Environmental Design Conditions, and Section 205-56 paragraph D2 to remove approximately 42,400 cubic yards of gravel in order to construct an automobile storage lot. Mr. Cordeiro displayed a new site plan which lessens the amount of gravel removal to 42,300 cubic yards and reduces the number of storage spaces from 250 spaces to 175 storage spaces. Mr. Cordeiro answered questions from the Board and Attorney Angley stated that the petitioner is fully compliant with Zoning regulations and requirements. The petitioner’s memorandum of
understanding states that they will partake in a million dollars worth of road work once the Honda Dealership starts adding traffic to Long Pond Road.
Public Comment in Favor: Kevin Joyce, Kevin Doyle, and Steve Lydon.
Public Comment in Opposition: Attorney Lee Alfieri spoke on behalf of an abutter, Mr. Barry Tassinarri, who is adverse to the landscape plans for the buffer zone. (for which Attorney Angley explained is not being touched according to the new site plan. The new plan better respects the buffer zone).
Hearing Closed
Mr. Conroy motioned to approve Case No. 3639 with conditions as discussed. Mr. Peck seconded. Granted unanimously (5-0).
Submitted Documentation:
A plan entitled "Honda Dealership Satellite Inventory Lot", Honda Drive, Plymouth, MA prepared for Autofair Automotive Group, prepared by Allen & Major Associates, Inc. and dated "Preliminary 06-01-2011";
A plan entitled "Honda Drive", Plymouth, MA, prepared for HARALD, LLC, prepared by Allen & Major Associates, Inc. and dated March 29, 2011;
A plan entitled "Honda Drive", Plymouth, MA, prepared for HARALD, LLC, prepared by Allen & Major Associates, Inc., dated March 29, 2011 and revised July 11, 2011 and July 14, 2011;
Filing Fee, Mailing Fee, Advertising Fee, Three (3) Checks;
Certified Abutters Listing Dated June 6, 2011;
Two (2) Sets of Mailing Labels;
Environmental Impact Statement received June 9, 2011;
Executed Waiver of Time received June 9, 2011;
Quitclaim deed dated January 21, 2004;
Town of Plymouth Inspectional Services Denial dated June 2, 2011;
Zoning Board of Appeals Petition Application dated June 2, 2011;
Town of Plymouth Fire Department Response Letter dated June 20, 2011;
Town of Plymouth Planning Board Recommendation dated July 19, 2011;
Letter from Barry C. Tassinari Construction, Inc., an abutter, dated July 18, 2011;
• morandum of Understanding received on July 19, 2011;
Revised Plans dated July 14, 2011, Allen & Major Associates, Inc, Lakeville, MA;
Memo to the Zoning Board of Appeals from Lee Hartmann, Director of Planning & Development dated July 13, 2011; and
Revised Site Plans from Allen & Major Associates, Inc. Lakeville, MA dated July 20, 2011.
No further business came before the Board in open session.
Respectfully submitted,
Marilyn Byrne
Marilyn Byrne
Administrative Secretary
Approved: 07/21/2011
| 
