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, Michael Main, William Keohan, Edward Conroy, James Simpson, and Mike Leary
Members absent: David Peck
Staff present: Paul McAuliffe and Marilyn Byrne
Mr. Conner called the meeting to order and explained the procedures for the evening
Public Hearing – Case No. 3643
Adriano S. Cimbron
6 Cedarhill Park Drive
Sitting: Mr. Conner, Mr. Keohan, Mr. Main, Mr. Conroy, and Mr. Leary
The petitioner is requesting a Special Permit per Section 205-49, Paragraph D8 subject to Environmental Design Conditions, for a building in excess of 6,000 square feet, including a waiver of dimensional requirements; a Special Permit per Section 205-49, Paragraph F3 for a modification of the front yard setback; a Special Permit per Section 205-23, Paragraph A3 to modify off-street parking; a Special Permit per Section 205-17, Paragraph D1 subject to Environmental Design Conditions, for more than one principal building on a lot; and a Special Permit per Section 205-49, Paragraph D6 subject to Environmental Design Conditions for minor repair shops in order to construct four (4) buildings resulting in a total of 22,500 SF contractor office and storage units with associated parking and utilities.
Robert C. Betters, Esq. of Withington and Betters, Plymouth, MA, represented the petitioner and gave an overview of the criteria of this petition explaining that under a separate petition (BOA 3373, issued in 2006); the site has previously been permitted for a fitness center and pool building, which under current market conditions is no longer being considered at the property. Attorney Betters introduced the applicant’s representatives, Steve Kotowsky, of Webby Engineering Associates, Inc., Plympton, MA; and R. Jon Henson, Landscape Architects, Florence, MA.
Mr. Henson addressed questions from the Board pertaining to a retaining wall which will be visible from the highway. The existing vegetation, and the proposed evergreen trees, will be in place to provide a screened buffer for the property.
Public comment in favor: Jeff Cohen
Public comment n in opposition: None
Hearing Closed
Mr. Main motioned to approve Case No. 3643 with conditions as written and discussed. Mr. Leary seconded. Granted Unanimously (5-0)
Submitted Documentation:
Zoning Board of Appeals petition application dated August 8, 2011;
Amended Zoning Board of Appeals petition application dated August 29, 2011;
Executed Waiver of Time received August 9, 2011;
Town of Plymouth Department of Inspectional Services denial dated June 7, 2011;
Plymouth County Registry of Deeds Quitclaim Deed dated January 4, 2005;
Environmental Impact Statement received August 9, 2011;
Environmental Impact Statement Report by Webby Engineering Associates, Inc., Plympton, MA dated July 28, 2011;
Two (2) sets of mailing labels;
Town of Plymouth Certified abutters listing dated April 28, 2011;
Site Plan entitled “Site” Plan of Land by Webby Engineering Associates, Inc., Plympton, MA dated March 1, 2011;
Grading Plan prepared for Adriano Cimbron & Matt Sherridan prepared by Webby Engineering Associates, Inc., Plympton, MA dated January 9, 2012;
Planting Plan by R. Jonathan Henson Registered Landscape Architects dated March 11, 2011;
Cover letter from Robert C. Betters, Withington and Betters, Counselors at Law, dated August 29, 2011;
Two (2) site photos submitted by applicant received on August 9, 2011;
Aerial View of Site submitted by Planning Department received on September 7, 2011;
Drainage Report and Calculations for Cedar Hill Park, Plymouth, MA prepared by Webby Engineering Associates, Inc., Plympton, MA received August 9, 2011;
Cedarville Steering Committee review letter dated February 10, 2011;
Town of Plymouth Department of Public Works review letter dated September 1, 2011;
Town of Plymouth Fire Department review letter dated September 19, 2011;
Continuance request letter from Attorney Robert C. Betters, Withington and Betters, Plymouth, MA dated September 20, 2011;
Design Review Board review memo dated September 26, 2011;
Continuance request letter from Attorney Robert C. Betters, Withington and Betters, Plymouth, MA dated November 23, 2011;
Aerial View of site received on January 25, 2012;
Town of Plymouth Department of Planning and Development Staff Report dated February 14, 2012;
Planting Plan prepared by R. Jon Henson, Landscape Architects, Florence, MA dated January 9, 2012;
Two (2) site photos submitted by the Department of Planning and Development received on February 14, 2012;
Town of Plymouth Fire Department review letter dated February 8, 2012 (via email)
Public Hearing Case #3654
Associated Wind Developers, LLC
143 Hedges Pond Road
Sitting: Mr. Conner, Mr. Main, Mr. Simpson, Mr. Conroy, and Mr. Keohan
Mr. Keohan, the Clerk, read the legal advertisement into the record.
The petitioner is requesting a Special Permit per Section 205-73 Paragraph C, subject to Environmental Design Conditions, for a wind energy facility in order to construct one wind turbine tower on a site zoned rural residential.
Attorney Edward T. Angley of Plymouth, MA, represented the petitioners and passed out a brief to the Board Members entitled “Petition of Associated Wind Developers, LLC for a Special Permit per Section 205-73, Paragraphs A through F Subject to Environmental Design Conditions for a Wind Turbine” and read it to the Board.
Brian Kuhn, Principle Owner of Associated Wind Developers, Inc., Plymouth, MA, conducted a PowerPoint presentation which included information regarding shadow flicker and noise concerns, property values, FAA lighting, sustaining a small business – the Anderson Cranberry Bogs, and the American manufacturing of the proposed turbine.
Richard J. Tabaczynski, P.E. Vice President of Atlantic Design Engineers, Inc. conducted his PowerPoint presentation regarding the acoustic analysis performed in October of 2011 using state of the art equipment. This analysis also compared flicker zones using previous flicker zones analysis to current flicker zones analysis which showed greatly reduced flicker zones.
Public Comment in Favor: Chris Grant; James Lake; John Januse; Jean Patenaude; Lynn Bailey-Lake; Laboda Lane
Public Comment in Opposition: Attorney Christopher Senie (represented several residents); Holly Alberti-Evans; Jeffrey Cohen; Donna Griffin; Kerry Kearney (PowerPoint presentation); Lynn Walker-Munoz; Lydia Manter; Donald Boyden
Attorney Senie presented a listing of clients represented by Senie & Associates, P.C. to the Board who are opposed to this petition and requested Atlantic Design Engineers, LLC to complete a twenty two page questionnaire. He also suggested that the applicant pay for a peer review of this project. Mr. Conner reminded Attorney Senie that it would be up to the applicant if they chose to do so. Attorney Angley asked that Kerry Kearney provide a copy of his presentation to the petitioners.
Mr. Conner announced that the Board would keep the public comment section of the hearing opened, but people would not be allowed to speak twice. There will be no more advertisements in the newspaper.
Mr. Main motioned to continue Case No. 3654 to April 18, 2012 at 7:30 PM. Mr. Simpson seconded. Agreed unanimously (5-0)
No further business came before the Board in open session.
Respectfully submitted,
Marilyn Byrne
Administrative Secretary
Approved: 02/16/2012
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