Zoning Board of Appeals Meeting
March 20, 2013
Minutes
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, 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. 3701
Megryco, Inc. (Armory Building)
76 Court Street
Sitting: Mr. Conner, Mr. Peck, Mr. Conroy, Mr. Main, and Mr. Keohan
Mr. Keohan, the Clerk, read the legal advertisement into the record.
Atty. Robert C. Betters of Plymouth, MA represented the petitioner who requested a Special Permit per Section 205-54 Paragraph C5 for a multi-family with greater than 8 units, a Special Permit per Section 205-71 Paragraph C (3) for Inclusionary Housing or alternates thereto, and a Special Permit per Section 205-23 Paragraph A (3) for modification of design for onsite parking area. Atty. Betters presented an overview of the case and explained The Memorandum of Understanding which would provide for the offering of $100,000 in lieu of the affordable housing clause, payable to the Town upon the issuance of the building permit. The petitioner recently bought the abutting lot which would add to the parking availability and would make the waiver of parking requirement a non-issue.
William Shaw of Associated Engineers of Plymouth, Inc. presented the proposed plan and answered questions from Board members.
Jeffrey Metcalffe conducted a powerpoint presentation of the proposed architectural plan and answered questions from Board members. The Board had concerns as to why they chose such a light color for the exterior of the building. Mr. Metcalffe explained that the Massachusetts Historical Commission (MHC) reviewed the project and did not approve of the original design. According to the covenant deed release attached to the MHC review, the painting must be “in kind” and the repairs must match existing material and form. Board members interpreted that to mean that it should be left as brick, which is more historical than the proposed siding. Rick Vayo, developer of the project, said that the change was made to siding per orders of the MHC, who has the final say. The Board felt that turn-of the-century brick buildings
should remain brick to keep in standard with the historic look of the era. The Board had a lengthy discussion with the applicant concerning the offer of $100,000 in lieu of the mandatory affordable housing. The Board would not accept a monetary payment and insisted on the affordable housing.
Public Comment in Favor: Jason Carlton
Public Comment in Opposition: Mary Curley and Louis Anoli
Hearing Closed
Mr. Main motioned to approve Case No. 3701 with conditions as discussed. Mr. Keohan seconded. Granted unanimously (5-0)
Submitted Documentation:
Letter of submission by Atty. Robert C. Betters, Withington and Betters, Plymouth, MA dated January 17, 2013;
Filing Fees;
Town of Plymouth Assessors’ Office certified abutters listing dated December 17, 2012 and mailing labels;
Department of Inspectional Services Revised denial letter dated December 12, 2012;
Zoning Board of Appeals petition application dated January 4, 2013;
Plymouth County Registry of Deeds “Release Deed” dated January 11, 2011;
Transfer Certificate of Title dated January 14, 2011;
Executed waiver of time received on January 17, 2013;
Architectural rendering by Jeffrey M. Metcalfe, R.A., Plymouth, MA dated January 14, 2013;
Site Permit Plan prepared by Associated Engineers of Plymouth, Inc., Plymouth, MA dated January 14, 2013;
Amended Zoning Board of Appeals petition application and cover letter dated February 13, 2013;
Fire Department revised review letter dated February 26, 2013;
Memorandum of Understanding received on February 25, 2013;
Department of Public Works review letter dated March 5, 2013;
Plymouth Center Steering Committee review letter dated February 28, 2013;
Planning Board recommendation dated March 12, 2013;
Site photos provided by the Department of Planning and Development received on March 12, 2013;
Massachusetts Historic Commission information sheets (4 pages) received on March 12, 2013;
Zoning Compliance Parking Plan prepared by Associated Engineers of Plymouth, Inc. dated March 13,2013;
Design Review Board review letter dated March 20, 2013; and
Massachusetts Historical Commission letter dated March 14, 2013;
Public Hearing – Case No. 3702
Kevin Craffey of Russell Street, LLC
7 Russell Street
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy
Prior to the meeting Atty. Edward T. Angley of Plymouth, MA, who represented the petitioner, had submitted a letter of Withdrawal Without Prejudice dated March 11, 2013. The Chairman, Mr. Conner, determined that the legal advertisement would not have to be read and the case was Withdrawn.
Public Hearing – Case No. 3703
Harald, LLC
Home Depot Drive
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy
Mr. Keohan, the Clerk, read the legal advertisement into the record.
The petitioner is requesting a Special Permit per Section 205-56, Paragraph E-1 and Section 205-51, Paragraph D3, subject to Environmental Design Conditions and Section 205-18, Paragraph B4, F1 and G, with a waiver of 50 foot residential development buffer and a waiver of grading limitation buffer per Section 205-18 G (1).
Mr. Keohan then read a letter from Atty. Edward T. Angley dated March 14, 2013 requesting a postponement of the case.
Mr. Peck motioned to continue Case No. 3703 to May 1, 2013. Mr. Main seconded. Agreed Unanimously (5-0).
No further business came before the Board.
Mr. Main motioned to adjourn the public hearing. Mr. Keohan seconded. Agreed unanimously
(7-0).
Respectfully submitted,
Marilyn Byrne
Marilyn Byrne
Administrative Secretary
Approved: 03/21/2013
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