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, James Simpson, and Michael Leary
Members absent: Edward Conroy
Staff present: Paul McAuliffe and Marilyn Byrne
Mr. Conner called the meeting to order and explained the procedures for the evening
Mr. Conner welcomed the Board’s newest member, Alternate, Michael Leary.
Mr. Main then read a statement of Disclosure of Appearance of Conflict of Interest as Required by G.L. C. 268A Section 23(b)(3). Mr. Main has recently hired Mark Flaherty of the engineering firm Flaherty and Stefani, Inc. on a personal matter. Mr. Main has gone before the Board of Selectmen in order for the Selectmen to dispel any appearance of a potential conflict of interest regarding Mr. Main’s official duties on the Zoning Board of Appeals. The Selectmen have found that there is no conflict of interest and Mr. Main may continue to sit on cases involving Mr. Flaherty.
Continued Public Hearing – Case No. 3638
MCDE Realty, LLC
2240 State Road
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Simpson
The petitioners are seeking a Special Permit to exceed the 60 foot front setback requirement, a Special Permit subject to Environmental Design Conditions for than 6,000 square foot floor area, and a Special Permit to waive the off street parking requirements in a GC Zone.
Attorney Edward T. Angley of Plymouth, MA represented the petitioner and introduced the various representatives involved in the case: Mark Flaherty, Flaherty & Stefani, Inc., Jon Henson, Landscape Architect, Bill Fornaciari, Architect, Ron Mueller, Traffic and Consulting Engineering, and Phil F. McInnis, Developer, The Stratton Group, Ltd.
Attorney Angley explained that he presented his case at the last hearing on November 16, 2011, but his clients have been trying to satisfy the numerous requirements of the Planning Board, the Town Engineering Department, and the Fire Department. His clients have submitted a revised plan dated December 29, 2011 in order to cover every department’s issues.
Mark M. Flaherty, P.E. of Flaherty and Stefani, Inc. described the physical layout of the site, parking configuration, and explained his clients proposed plans for drainage improvements as a way of mitigating existing drainage problems in and around the site. Mr. Flaherty’s plan showed a deceleration lane on State Road. He met with the Fire Department in order to confirm that the turning radius for the apparatus entering the parking lot was adequate.
Board Members voiced concerns regarding the sidewalk which ends at the intersection and leaves pedestrians in the street, basically on Route 3A, and that the sidewalk configuration is unsafe due to the fact that the building is too large to have the sidewalk go all around the building.
The Board was concerned with the size of the parking spaces. Board Members questioned whether or not the 9 foot wide parking spaces would accommodate full size vehicles. The Board felt that 10 foot wide spaces would be preferable. Another safety concern was vehicles backing out of parking spaces while traffic is entering the parking lot off of very busy State Road (Route 3A).
There was no public comment.
Hearing Closed
Mr. Peck motioned to approve Case #3638 with conditions to be refined. Mr. Simpson seconded to approve. (3 in favor, 2 opposed) Petition not approved. Mr. Keohan and Mr. Main voted to deny.
Submitted Documentation:
Two (2) sets of mailing labels;
Town of Plymouth Fire Department Response letter dated June 20, 2011;
Cedarville Steering Committee review letters via email dated July 14, 2011 and September 8, 2011;
Town of Plymouth Department of Public Works Engineering Division review letter dated July 27, 2011;
Town of Plymouth Department of Public Works Engineering Division review letter dated October 25, 2011;
Three (3) checks - filing fees;
Executed Waiver of Time received June 8, 2011;
Town of Plymouth Certified Abutters Listing dated June 1, 2011;
Zoning Board of Appeals Petition Application dated June 2, 2011;
Plymouth County Registry of Deeds Quit Claim deed dated July 30, 2007;
Town of Plymouth Department of Inspectional Services denial letter dated May 25, 2011;
Town of Plymouth Department of Inspectional Services revised denial letter dated May 25, 2011;
Request for continuance from Attorney Edward T. Angley dated July 26, 2011;
Request for continuance from Attorney Edward T. Angley dated September 21, 2011;
Letter from Abutter John P. Girard dated July 25, 2011;
Design Review Board review letter dated August 4, 2011;
Hydrant Flow Test by Amory Engineers, P. C. Duxbury, MA dated July 25, 2011;
Site plan prepared by Flaherty & Stefani, Inc. Plymouth, MA dated June 2, 2011;
Cover letter from Flaherty & Stefani, Inc., Plymouth, MA dated September 7, 2011 regarding the submission of revised plans;
Site plan prepared by Flaherty & Stefani, Inc. Plymouth, MA dated June 2, 2011, revised on August 8, 2011, and revised on September 6, 2011;
Architectural renderings prepared by Flaherty & Stefani, Inc. Plymouth, MA received on June 8, 2011;
Post construction watershed plan prepared by Flaherty & Stefani, Inc. dated June 2, 2011;
Planting Plan prepared by Flaherty & Stefani, Inc. Plymouth, MA dated June 2, 2011;
Storm Water Analysis & Drainage Report prepared by Flaherty & Stefani, Inc. Plymouth, MA dated June 2, 2011;
Traffic Assessment prepared by Ron Muller & Associates, Hopkinton, MA dated July 26, 2011;
Traffic Assessment prepared by Ron Muller & Associates, Hopkinton, MA dated November 8, 2011;
Revised Site plan prepared by Stefani & Stefani, Inc. Plymouth, MA dated November 8, 2011;
Letter from the Stratton Group Ltd dated November 13, 2011;
Drainage Improvement plan prepared by Flaherty & Stefani, Inc. Plymouth, MA dated September 13, 2011;
Letter from Mark Flaherty, P. E. Flaherty and Stefani, Plymouth, MA to the Zoning Board of Appeals dated October 25, 2011;
Memo to Planning Board from Valerie Massard, Senior Town Planner, regarding Traffic Assessment, additional staff comments dated October 27, 2011;
Town of Plymouth Planning Board recommendation dated November 15, 2011;
(5) Site Photo submitted by the Department of Planning and Development received November 15, 2011
Letter from abutter: Cedarville Wind & Spirits, Plymouth, MA dated November 21, 2011;
Edward T. Angley, Esq., Plymouth, MA Brief of MCDE Realty, LLC received during the Public Hearing on 11/16/11;
Architect Bill Fornaciari passed out a site photo during hearing on November 16, 2011;
Revised Site Plan prepared by Flaherty & Stefani, Inc., Plymouth, MA dated December 29, 2011;
Municipal Lien Certificate (2006) Tax Collectors Town of Plymouth; and
Edward T. Angley, Esq. cover letter to Board dated January 11, 2012 with attachments (DPW Memo of November 10, 2011 and Memo retraction of November 10, 2011).
No further business came before the Board in open session.
Respectfully submitted,
Marilyn Byrne
Marilyn Byrne
Administrative Secretary
Approved: 01/19/2012
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