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Zoning Board of Appeals Revised Minutes September 19, 2012
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
        
Annual Reorganization:

 Mr. Peck, the Vice-Chairman, opened nominations for Chairman. Mr. Main nominated Mr. Conner.  Mr. Keohan seconded.  Agreed unanimously.

Mr. Conner then opened nominations for Vice-Chairman.  Mr. Main nominated Mr. Peck.  Mr. Keohan seconded.  Agreed unanimously.

Mr. Peck then opened nominations for Clerk.  Mr. Main nominated Mr. Keohan.  Mr. Peck seconded.  Agreed unanimously.    

Public Hearing – Case No. 3674
Sarah M. Nagle
6 Cedar Oak Drive
                
Sitting: Mr. Conner, Mr. Main, Mr. Conroy, Mr. Simpson, and Mr. Leary
        
Continued from July 18, 2012 (when the legal advertisement was read, and the petitioner’s Attorney, Theodore L. Bosen, Sagamore Beach, MA, requested a continuance at that time for his client’s application) for a Special Permit per Section 205-40, Paragraph D1, subject to Environmental Design Conditions and a Special Permit per Section 205-18, Paragraph B3 & 4 to remove 85,000 cubic yards of gravel.

Atty. Bosen announced at this meeting that Sarah Nagle wished to withdraw her petition. Ms. Nagle feels that she can operate her business without removing any more gravel.

Mr. Conroy motioned to accept the request to withdraw Case #3674. Mr. Simpson seconded. Granted unanimously
(5-0)

Submitted Documentation:  

Town of Plymouth Department of Inspectional Services denial dated November 1, 2011;
Transfer Certificate of Title dated October 3, 2000;
Memorandum in Support of the Application of Sarah Nagle received on May 23, 2012;
Email from Valerie Massard, Town Planner, Plymouth, MA dated May 23, 2012;
Two (2) sets of mailing labels;
Zoning Board of Appeals petition application dated January 4, 2012;
Environmental Impact Statement dated January 4, 2012;
Town of Plymouth Certified Assessor’s Listing dated October 13, 2011;
Site Permitting Plans prepared by William R. Shaw, Civil Engineer, Plymouth, MA dated January 4, 2012;
Executed Waiver of Time received on May 23, 2012;
Email to William Shaw, Associated Engineers of Plymouth, Inc., Plymouth, MA dated June 4, 2012;
Unsigned additional Waiver of Time sent to William Shaw, Associated Engineers of  Plymouth, Inc., Plymouth, MA;
Town of Plymouth Department of Public Works Engineering Department review dated June 25, 2012;
Town of Plymouth Fire Department review dated June 25, 2012;
Site photos submitted by Town of Plymouth Department of Planning and Development;
Town of Plymouth Planning Board recommendation dated July 5, 2012;
Plymouth Registry District Registration, Department of the Trial Court Order, dated October 20, 1998;
Four (4) site photos;
Cedar Oaks Definitive Subdivision Plan prepared by Flaherty, Stefani & Bracken, Inc., Plymouth, MA last revised on March 17, 1997;
Subdivision Plan of Land in Plymouth prepared by Flaherty, Stefani & Bracken, Inc., Surveyors dated March 14, 1998;
Town of Plymouth Planning Board Special Permit Decision for Case No. B-452 dated March 26, 1997;
Continuance Letter to Board Members from Atty. Theodore L. Bosen, Sagamore Beach, MA dated July 18, 2012;
Memorandum in Support of the Application of Sarah Nagle passed in during Public Hearing on July 18, 2012;
Email to Michael Main, Zoning Board of Appeals, from Atty. Bosen dated July 17, 2012;
Cover letter from Atty. Bosen (with Memorandum Attached) dated August 29, 2012;
Memorandum in Support received September 4, 2012;
Email from Atty. Bosen dated September 4, 2012; and
Atty. Bosen withdrawal letter dated September 20, 2012.

Public Hearing – Case No. 3684  
Whelan Associates, LLC, or nominee (Jordan Hospital)
275 Sandwich Street

Sitting:  Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy    

Mr. Keohan, the Clerk, read the legal advertisement into the record.

Atty. Robert C. Betters, Plymouth, MA represented the applicant and introduced the members of the petitioner’s team;  Bill Whelan, Joe Irvine and Kevin O’Reilly, and presented an overview of the project.  Atty. Betters then introduced Andrea Holleran, representing Jordan Hospital, who submitted a letter to the Board from Mr. Peter J. Holden, President of Jordan Hospital, Inc. which stated that the prior 45,000 square foot building would not be proceeding and plans for the sale or lease of that property to the group proposing that building are no longer in effect.  Mr. Whelan, of Whelan Associates, LLC addressed questions from abutters concerning the lease of the prior Special Permit stating that Jordan Hospital has a contract with Whelan Associates, LLC and that the Hospital will not lease the land to Plymouth DOB (the prior project) or anyone else.

Robert M. Forbes, P.E., Senior Project Engineer, Prime Engineering, Inc. presented and aerial view of the site design showing the proposed building, parking around the building,  landscaping plans, buffer zones, guard rails, and drainage.

Greg Siroonian, Medcom Architectural Group, highlighted the architectural aspects of the building.

Public comment in favor:  None

Public comment (neutral):  John Bross and Bill Fornaciari

Public comment in opposition:  Helen Filla, Michael Olendzenski, Samuel Butterfield, James Carpenter, and David Berman

Mr. Main motioned to grant Case No. 3684 with conditions.  Mr. Peck seconded.  Granted unanimously (5-0)

Submitted Documentation:  

Letter of Submissions from Atty. Robert C. Betters, Plymouth, MA dated August 6, 2012;
Filing Fees;
Mailing Labels;
Email from Valerie Massard, Town Planner, to George Preble regarding cost estimate for drainage peer review dated August 7, 2012;
Department of Inspectional Services, Town of Plymouth, denial dated August 2, 2012;
Certified Abutters Listing Town of Plymouth Assessors’ Office dated July 10, 2012;
Zoning Board of Appeals petition application dated August 6, 2012;
Executed Waiver of Time received on August 6, 2012;
Environmental Impact Statement dated August 2, 2012;
Title Reference sheet of deeds;
Plymouth County Registry of Deeds “Deed” dated December 5, 1988 (Lot 22-1);
Plymouth County Registry of Deeds “Quitclaim Deed” dated June 29, 2001 (Lot 22-2);
Plymouth County  Registry of Deeds “Deed” dated November 4, 1988 (Lot 24A);
Plymouth County Registry of Deeds “Quitclaim Deed: dated September 19, 2002 (Lot 35);
Plymouth County Registry of Deeds “Transfer Certificate of Title” dated May 3, 2000 (Lot 44-3);
Medical Office Building Elevation Renderings (2 Pages) with Site Photo Rendering by MEDCOM Architectural Group dated July 24, 2012;
Site Plans titled “Proposed Medical Office Building at Jordan Hospital” (10 Pages) dated July 27, 2012, prepared by Prime Engineering, Inc., Lakeville, MA;
Town of Plymouth Department of Public Works Engineering Department review letter dated August 15, 2012;
email from Atty. Robert Betters dated August 8, 2012;
Beals + Thomas, Inc. Plymouth, MA estimate to provide a scope of services dated August 14, 2012;
Email from Valerie Massard, Town Planner dated August 20, 2012 regarding drainage report;
Grading and Drainage Plan prepared by Prime Engineering, Lakeville, MA dated July 27, 2012;
Drainage Report for Jordan Hospital Medical Office Building prepared by Prime Engineering, Inc., Lakeville, MA dated August 2, 2012;
email from Attorney Betters received on August 23, 2012;
Planning Board recommendation dated August 21, 2012;
Department of Planning and Development aerial view site photo’s;
emails dated August 27, 2012;
Beals & Thomas, Plymouth, MA scope of services review dated August 14, 2012;
Beals & Thomas Stormwater Management letter dated September 6, 2012;
Prime Engineering, Inc., Lakeville, MA responses to stormwater review comments dated September 12, 2012;
Beals & Thomas, Inc supplemental review stormwater management dated September 18, 2012;
Design Review Board review dated September 18, 2012;
Abutter letter via email from Catherine Cotti dated September 17, 2012;
Prime Engineering, Inc. additional information letter dated September 18, 2012;
Email from Beals and Thomas, Inc. dated September 19, 2012;
Town of Plymouth Fire Department Review letter dated Setember 19, 2012; and
Letter from Jordan Hospital, Peter J.  Holden, President dated September 19, 2012.

Mr. Main motioned to close the public hearing.  Agreed unanimously

No further business came before the Board in open session.

Respectfully submitted,

Marilyn Byrne
Administrative Secretary

Approved: 09/24/2012