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, James Simpson, and Michael Leary
Staff present: Paul McAuliffe and Marilyn Byrne
Mr. Conner called the meeting to order and explained the procedures for the evening
Public Hearing – Amendment of the Rules and Regulations
Modification of the Special Permit Fee Schedule
Sitting: Mr. Conner, Mr. Peck, Mr. Main, Mr. Keohan, Mr. Conroy, Mr. Simpson, and Mr. Leary
Lee Hartmann, Director of the Office of Planning and Development, appeared on behalf of the Town to explain the fee increases and to address any questions regarding the proposed changes. Mr. Hartmann stated that the Town of Plymouth’s Special Permit fees are on the lower end of the scale compared to surrounding communities. The fees cover processing of applications, copies, peer reviews, and various other operating expenses. The increases affect commercial special permits only. The residential fees will remain as is.
Mr. Main motioned to adopt the modification of the Special Permit Fee Schedule effective March 12, 2012. Mr. Peck seconded. Agreed unanimously (7-0)
Public Hearing – Case #3647
Indianhead Realty, Inc/Churchill Engineering, Inc.
1929 State Road
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy
The petitioner and his attorney, John F. Danehey, of Danehey & Osterberg, P.C. of Scituate, MA requested that his petition for a Special Permit per Section 205-25, Paragraph A3 to extend or alter a non-conforming use, a Special Permit per Section 205-40 Paragraph D3 subject to Environmental Design Conditions to enlarge a campground, and a Special Permit per Section 205-18 Paragraph F & G for gravel removal be withdrawn.
Mr. Keohan then read a letter dated February 13, 2012 from the applicant’s attorney requesting the withdrawal.
Mr. Main motioned to withdraw Case #3647 without prejudice. Mr. Keohan seconded. Approved unanimously (5-0)
Public Hearing – Case #3657
Plymouth Fragment Society
54 Russell Street
Sitting: Mr. Conner, Mr. Peck, Mr. Conroy, Mr. Main, and Mr. Simpson
Mr. Main announced, for the record, that the petitioner’s representative, Attorney Richard Serkey of Winokur, Serkey & Rosenberg, P. C., Plymouth, MA has represented him on a personal matter in the past. Mr. Main has filed the appropriate paperwork with the Selectmen’s Office for a non-conflict. Attorney Serkey has also received a copy of Mr. Main’s paperwork for a non-conflict. Attorney Serkey stated that he has no objection to Mr. Main serving on this case.
Mr. Keohan recused himself due to his affiliation with the Community Preservation Committee.
Mr. Peck read the legal advertisement into the record.
Attorney Richard M. Serkey, of Winokur, Serkey & Rosenberg, P.C., Plymouth, MA represented the petitioners who requested a Special Permit per Section 205-25 Paragraph A3 to alter a non-conforming use, and a Special Permit per Section 205-23, Paragraph A3, to modify off street parking requirements, in order to convert a 7 bedroom home for the aged into a 4 unit multi-family dwelling (two 1BR units, one 2BR unit, and one 3 BR unit) with a perpetual affordable housing restriction.
Rebecca Ryder, for whom the Ryder House is named, died in 1890. She left a will which stated that she desired to leave her house to the Plymouth Fragment Society desiring it to be used as an old person’s home. The Plymouth Fragment society which was formed in 1877 still exists today as a non-profit organization, helping the poor. In 1914 the Plymouth Fragment Society conveyed the property to the Ryder Home of Old People, providing that the property be used for the purposes of a home for old people. The Deed was signed by the successors of Rebecca Ryder, many of whom were present during this hearing. In 2011 efforts were made to sell the property. The house itself, which was built in the 1700’s, underwent renovations with an addition around 1850. An appropriate buyer was sought for the property to alleviate the expenses of taxes
and insurance on unoccupied property.
Real estate agents Chute and Pyzant contacted the Plymouth Housing Trust, which is administered by Bruce Arons, Director of the Office of Community Development, who was in attendance. The Housing Trust placed an interest in the home to see if it could be used as affordable housing.
The Plymouth Housing Trust found a buyer for the property, James Carpenter, and entered into a purchase and sales agreement, on the condition that the house be used as a multi-family house with a perpetual housing restriction.
Public Comment: Kathy Dunn (represented the League of Woman’s Voters and Plymouth Affordable Housing) spoke in favor. Margaret Farrow (property manager of the Spring Hill Gardens) spoke in favor although she has concerns about the extra parking.
Hearing closed.
Mr. Main motioned to approve Case No. 3657 with 4 conditions. Mr. Conroy seconded. Granted unanimously (5-0)
Submitted Documentation:
(3) Filing Fee Checks;
(2) Sets of Mailing Labels;
Town of Plymouth Certified Abutters Listing dated December 27, 2011;
Demolition & Construction Plans and Outline Specifications by Lloyd Architects, Plymouth, MA Dated December 9, 2011;
Executed waiver of time received December 28, 2011;
Unofficial Property Record Card – Plymouth, MA dated January 31, 2012;
Plymouth County Quitclaim Deed recorded on April 27, 2011;
Zoning Board of Appeals Petition Application dated December 27, 2011;
Zoning Board of Appeals Amended petition application dated December 27, 2011 (Zone was incorrect)
Town of Plymouth Zoning Department Residential Zoning Permit Application dated December 27, 2011;
Town of Plymouth Department of Inspectional Services denial dated January 10, 2012;
Revised denial January 10, 2012;
Town of Plymouth Department of Planning and Development recommendation dated February 7, 2012;
Plymouth Center Steering Committee review letter dated February 2, 2012;
Town of Plymouth Department of Public Works Engineering Division review letter dated January 23, 2012;
Site Photos (5) prepared by Town of Plymouth Department of Planning and Development;
Public Hearing – Case #3658
The Stop & Shop Supermarket Company, LLC
113-129 and 131 Samoset Street
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Conroy, and Mr. Main
Mr. Keohan, the Clerk, read the legal advertisement into the record.
Lisa Davis, of Lisa Davis Associates, Lexington, MA represented the applicants who requested a Modification of Special Permit No. 2939 as it pertains to underground storage tank capacity in order to install a 20,000 gallon storage tank (UST) to increase their capacity.
William Taber, PE, Senior Project Manager of Vanasse Hangen Brustlin, Inc. of Watertown, MA explained the layout of the proposed 20,000 gallon storage tank. This new UST will be side by side, separated by curbing, with the existing 20,000 tank and the two tanks will be connected in the center, so that only one filling location for the UST is needed.
In May of 2011 Special Permit No. 3628 was granted to modify Case No. 2939 for a modification of fuel delivery hours for the summer of 2011, allowing one daily afternoon delivery with a special route to top off existing tanks. The applicants were required to return to the Board to add an existing 20,000 gallon storage tank in order to stop the extra delivery.
The Board requested the petitioners to initiate conversation with the owner of the shopping plaza to improve internal traffic patterns.
There was no public comment
Hearing Closed
Mr. Peck motioned to approve Case No. 3658 with conditions as is. Mr. Main seconded. Granted unanimously (5-0)
Submitted Documentation:
Site Plan for local approval entitled “As-Built Fueling Facility Stop & Shop Store #469” prepared by Vanasse Hangen Brustlin, Inc., Watertown, MA dated November 1, 2011;
Environmental Impact Statement received on January 3, 2012;
Two (2) sets of mailing labels;
Town of Plymouth Certified Abutters Listing dated December 27, 2011;
Cover letter from Lisa Davis Associates Dated December 20, 2011;
Plymouth Registry District Certificate of Trustees dated February 16, 1995;
Certificate of Title dated November 02, 1992;
Executed Waiver of Time received January 3, 2012;
Town of Plymouth Department of Inspectional Services denial dated December 12, 2011;
Zoning Board of Appeals Petition Application dated December 13, 2011;
Town of Plymouth Board of Appeals copy of Decision No. 3628 dated May 18, 2011;
Town of Plymouth Department of Public Works Engineering Division review letter dated January 23, 2012;
Town of Plymouth Planning Board recommendation dated February 29, 2012;
Town of Plymouth Fire Department response letter dated January 31, 2012; and
Site photo from the Department of Planning and Development received on February 29, 2012; and
Appropriate filing fees.
Board member David Peck moved for the Board to enter Executive Session to discuss pending litigation. A roll call vote was taken.
Peter Conner – Yes; David Peck – Yes; Michael Main – Yes; Edward Conroy – Yes; William Keohan – Yes; James Simpson – Yes; and Michael Leary – Yes.
Voted unanimously (7-0). The Board entered Executive Session.
The Board returned to open session.
No further business came before the Board in open session.
Respectfully submitted,
Marilyn Byrne
Administrative Secretary
Approved: 03/08/2012
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