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, Edward Conroy, William Keohan, James Simpson, and Mike Leary
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. 3691
Henry Stout/Atlantic Properties
Commerce Way & Route 80
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy
Mr. Keohan, the Clerk, read the legal advertisement into the record.
Attorney Edward T. Angley of Plymouth, MA represented the petitioner who requested a Special Permit per Section 205-51 Paragraph D3 and Section 205-18 Paragraph B3, subject to Environmental Design Conditions to remove gravel in excess of 10 cubic yards in order to construct two office buildings. Atty. Angley passed out an overview memo of the proposed work which is located on the corner of two major streets, Commerce Way and Plympton Road. The property was recently re-zoned to Light Industrial. Atty. Angley introduced William Shaw, of Associated Engineers of Plymouth, Inc. and Benjamin Stout of Atlantic Properties. Mr. Shaw presented the proposed work for the site and answered questions from Board members.
Henry Stout has a contract to purchase the land from the Commonwealth of Massachusetts, subject to rezoning and obtaining a Special Permit to remove the excess material. The proposed work entails preparing the lot for construction in order to bring the lot to grade to be able to construct parking for the previously approved office buildings under ZBA Case No. 3616 and site plan review for two 36,000 sq. ft. office buildings. The petitioner eliminated a curb cut on Route 80 and abandoned the previous warehouse proposal when neighbors raised the issue of truck traffic to and from the warehouse. The petitioner has verbally agreed to grant an easement to the Town so that the commercial development across Route 80 could have sewer connection.
Public Comment in favor: None
Public Comment in Opposition: Russell Appleyard and Leslie Gerhard
Hearing Closed
Mr. Main motioned to deny Case No. 3691 without prejudice for reasons as discussed. Mr. Keohan seconded. Agreed (5-0).
Submitted Documentation:
Filing Fees;
Town of Plymouth Department of Inspectional Services denial dated November 8, 2012;
Zoning Board of Appeals petition application dated December 13, 2012;
Executed waiver of time received on December 17, 2012;
Town of Plymouth Assessor’s Office certified abutters listing dated December 10, 2012;
Environmental Impact Statement dated December 13, 2012;
Commonwealth of Massachusetts Department of Public Works Plymouth Order of Taking dated August 30, 1978;
Site Grading Plan prepared by Associated Engineers of Plymouth, Inc. dated December 12, 2012;
Permit Application Boundary Plan prepared by Associated Engineers of Plymouth, MA dated August 16, 2012;
Planting Plan prepared by R. Jon Henson Landscape Architects, Florence, MA dated October 18, 2012;
Four (4) Site photos from Department of Planning and Development;
Town of Plymouth proposed sewer connection improvements aerial photo dated October 8, 3012;
Lot line adjustment plan (ANR) prepared by Associated Engineers of Plymouth, Inc. dated December 17, 2012;
Copy of a Zoning Board of Appeals prior decision No. 3616 dated January 5, 2011;
Copy of Zoning Board of Appeals prior decision No. 3573 dated February 25, 2010;
Planning Board recommendation dated January 15, 2013;
Memo to the Planning Board from Valerie Massard, Town Planner dated January 10, 2013;
Memo to the Director of Inspectional Services from Valerie Massard, Town Planner dated January 3, 2011;
Letter to the Massachusetts Water Pollution Abatement Trust, Boston, MA dated January 10, 2013 from the Office of Community Development;
email to the Planning Board from the Administrative Assistant of Planning and Development dated January 15, 2013;
Memorandum of Understanding received January 15, 2013;
Electric/Easement site plan prepared by Associated Engineers of Plymouth, Inc.dated December 12, 2012;
Fire Department review letter dated December 26, 2012;
Department of Public Works review letter dated January 22, 2013; and
Grading chart.
Public Hearing – Case No. 3695
W. Keith Munsell
21 Manomet Avenue
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy
Mr. Keohan, the Clerk, read the legal advertisement into the record.
J. Randolph (Randy) Parker, Jr. P.L.S. of Manomet, MA represented the petitioner who requested a Special Permit per Section 205-43 and Table 5 to seek relief from side and rear setback requirements and a Special Permit per Section 205-25 Paragraph A3 to enlarge a non-conforming structure, in order to relocate and enlarge an existing structure. Randy provided an overview of the proposed work and answered questions from Board members.
Public comment in favor: Peter Holbrook
Public comment in opposition - None
Hearing Closed
Mr. Keohan motioned to approve Case No. 3695 with conditions as discussed. Mr. Main seconded. Granted unanimously (5-0)
Submitted Documentation:
Assessors’ Office certified abutters listing dated July 31, 2012 and mailing labels;
Transmittal Memo dated December 18, 2012;
Executed waiver of time received on December 18, 2012;
Zoning Board of Appeals petition application dated December 18, 2012;
Quitclaim Deed dated October 19, 2011;
Department of Inspectional Services denial dated October 31, 2012;
Petitioner Plan prepared by J. R. Parker, Jr., Plymouth, MA dated December 18, 2012;
Fire Department review letter dated January 2, 2013
Planning Board recommendation dated January 15, 2013;
Locus aerial view of site by Department of Planning and Development;
Unofficial property record card dated January 10, 2013;
Two (2) site photos by Department of Planning and Development;
Department of Public Works review letter dated January 22, 2013; and
Design Review Board review letter dated January 23, 2013.
Public Hearing – Case No. 3696
Susan Ragon
227 Taylor Avenue
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 represented the petitioner who requested a Special Permit per Section 205-43 and Table 5 seeking relief from the side setback requirements and a Special Permit per Section 205-25 Paragraph A3 to enlarge a non-conforming structure, in order to add a 7.5’ by 14’ two-story addition and relocate a bulkhead. Atty. Betters introduced J. Randolph (Randy) Parker, Jr. P.L.S. who prepared the “Request for Determination of Applicability” and Jeffrey M. Metcalfe, R.A. who prepared the architectural plans. The representatives presented their proposal and answered questions from Board members.
Public Comment: None
Hearing Closed
Mr. Peck motioned to approve Case No. 3696 without conditions. Mr. Keohan seconded. Granted unanimously (5-0).
Submitted Documentation:
Site Plan entitled “Request for Determination of Applicability” prepared by J. R. Parker, Jr., Plymouth, MA, dated November 18, 2012;
Architectural renderings prepared by Jeffrey M. Metcalfe, R. A., Plymouth, MA dated on December 17, 2012;
Town of Plymouth Assessors’ Office certified abutters listing dated October 30, 2012 and mailing labels;
Filing Fees;
Town of Plymouth Department of Inspectional Services denial dated December 18, 2012;
Zoning Board of Appeals petition application dated December 19, 2012;
Executed waiver of time received on December 19, 2012;
Submission of Documents letter dated December 19, 2012;
Plymouth County Registry of Deeds “Quitclaim Deed” dated August 24, 1999;
Fire Department review letter dated January 3, 2013;
Copy of an earlier decision No. 3194 dated December 10, 2013;
Two (2) site photos by the Department of Planning and Development;
Planning Board recommendation dated January 15, 2013;
Department of Public Works review letter dated January 22, 2013;
Design Review Board review letter dated January 23, 2013; and
Department of Inspectional Services Building & Zoning Cards.
Informal hearing:
MCDE Realty, LLC
Case No. 3667
2240 State Road
Conditions review
Sitting: Mr. Conner, Mr. Peck, Mr. Main, Mr. Keohan, and Mr. Leary
Mark Flaherty of Flaherty & Stefani, Inc., Plymouth, MA represented the petitioner and introduced Mr. Bill Fornaciari, of bf architects, who passed out product details of light fixtures and his architectural plan showing their placement. Mr. Flaherty reviewed his site plan pertaining to fire apparatus access around the building, turning radius, fire lanes, hydrant placement and overhead clearance, showing the path to be used by fire apparatus.
Mr. Main motioned to accept the conditions of Special Permit No. 3667 No. 1 a) thru f) as having been met. Mr. Keohan seconded. Agreed unanimously (5-0)
No further business came before the Board in open session.
Respectfully submitted,
Marilyn Byrne
Marilyn Byrne
Administrative Secretary
Approved: 02/12/2013
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