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, David Peck, Edward Conroy, James Simpson, and Mike Leary
Members absent: William Keohan
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. 3698
The Stop & Shop Supermarket Co., LLC
129-131 Samoset Street
Sitting: Mr. Conner, Mr. Peck, Mr. Main, Mr. Conroy, and Mr. Simpson
Mr. Peck, the Vice Chairman, read the legal advertisement into the record.
Atty. Edward T. Angley, Plymouth, MA represented the petitioner who is requesting a Special Permit per Section 205-73 Paragraph A & C, subject to Environmental Design Conditions for the installation of a wind turbine.
Mr. Peck read a letter dated April 2, 2013 from Atty. Edward T. Angley requesting that the matter be continued to a future date. The letter further stated that the Massachusetts Department of Environmental Protection (DEP) has a staff member making an evaluation of the acoustics of the proposed wind turbine, which to date has not been prepared. This evaluation is needed by the Planning Board to make a comprehensive recommendation to the Zoning Board.
Atty David J. Paliotti is representing the abutting owners of Algonquin Heights and was also in attendance. Atty. Angley stated that the DEP is developing protocols in order to have the acoustics evaluated to meet the State requirements. This evaluation could take up to six weeks. Atty. Angley asked for a continuance to June 19, 2013. Atty. Paliotti was in agreement with the change in date.
Mr. Main motioned to continue Case No. 3698 to June 19, 2013 at 7:30 p.m. Mr. Peck seconded. Granted unanimously (5-0)
Public Hearing: Case No. 3704
Michael F. Heath
185 Billington Street
Sitting: Mr. Conner, Mr. Peck, Mr. Main, Mr. Conroy, and Mr. Leary
Mr. Peck, the Vice-Chairman, read the legal advertisement into the record.
J. Randolph (Randy) Parker of Land Management Systems, Inc. represented the applicant who needs a variance of area, depth, width and frontage requirements per Section 205-40 and Table 5 in order to sub-divide his lot to convey a portion to an abutter to quiet the title on the property.
Mr. Parker stated that in 1963 there was a survey completed and an interpretation made. In 2009 Mr. Parker surveyed the property and found that the boundaries overlapped. In order to rectify the situation, the Petitioner will return with an Approval Not Required (ANR) Plan to be approved with revisions requested by the Town Engineer. The Petitioner has agreed to submit to the Planning Board a full executed deed along with the above mentioned plan.
Public comment in favor: Atty. Robert C. Betters, Frank Westgate, Linda Parsons
Public comment statement: Atty. Richard Serkey
Public comment in opposition: None
Hearing Closed
Mr. Main motioned to approve Case No. 3704 with 3 conditions. Mr. Peck seconded. Approved unanimously (5-0).
Submitted Documentation:
Submittal memo from Land Management Systems, Inc., Manomet, MA received January 29, 3013;
Town of Plymouth Assessors’ Office Certified abutters listing dated January 15, 2013 and mailing labels;
Executed Waiver of Time:
Filing fee:
Registry of Deeds Quitclaim Deed dated October 5, 2009;
Zoning Board of Appeals petition application dated January 27, 2013;
Department of Inspectional Services denial letter dated December 20, 2012;
Petitioner’s Plan prepared by J. Randolph Parker, Jr., Manomet, MA dated January 28, 2013;
Letter from Robert & Patricia Parsons, 177 Billington St., Plymouth, MA dated May 10, 2012;
Letter from Robert & Patricia Parsons, 177 Billington St., Plymouth, MA dated November 29, 2012;
Fire Department review letter dated February 28, 2013;
Department of Public Works review letter dated February 28, 2013;
Request for Continuation letter dated March 26, 2013;
Planning Board recommendation dated March 19, 2013;
(1) Site photo submitted by the Department of Planning and Development; and
email letter from Frank W. Westgate, Westgate Land Survey received on April 18, 2013.
Public Hearing: Case No. 3707
Denise Montville
27 Robert J. Way
Sitting: Mr. Conner, Mr. Peck, Mr. Main, Mr. Conroy, and Mr. Simpson
Mr. Peck, the Vice-Chairman, read the legal advertisement into the record.
The applicant, who represented herself, requested a Special Permit per Section 205-51 Paragraph C6 in order to establish a children’s hair salon. The salon facility will be located in an existing building on the property within the Camelot Industrial Park which is zoned light industrial and would be appropriate for this type of business.
Public Comment: None
Mr. Main motioned to approve Case #3707. Mr. Peck seconded. Granted unanimously (5-0)
Submitted Documentation:`
Zoning Board of Appeals Petition Application dated March 19, 2013;
Septic As-Built prepared by Bracken Engineering, Inc., Sagamore Beach, MA dated April 11, 2005;
Evacuation Plan prepared by applicant received on March 19, 2013;
Existing Floor Plan prepared by applicant received on March 19, 2013;
Department of Inspectional Services denial dated March 14, 2013;
Zoning Board of Appeals petition application dated March 19, 2013;
Plymouth County Registry of Deeds “Deed” dated November 26, 2008;
Copy of prior Special Permit No. 3655 at the same address (for file) dated February 1, 2013;
Town of Plymouth Assessors’ Office Certified Abutters Listing dated March 21, 2013 and mailing labels;
Fire Department review letter dated April 8, 2013;
Site Photos (2); and
Planning Board recommendation dated April 2, 2013.
Informal Hearing: Case No. 2946
High Rock Cranberry Crescent, LLC
Carver & Plympton Roads
Review of plans per Conditions No. 19 & 20
Sitting: Mr. Conner, Mr. Peck, Mr. Conroy, Mr. Main, and Mr. Leary
Atty. Robert C. Betters represented the applicants during this review of the final location of curb cuts per Condition No. 19 and a partial conceptual review at this level as presented of Condition No. 20 concerning the location of buildings, parking and landscaping. The Board discussed the need for sidewalks and refused to accept the $95,000.00 offer from the applicant for future construction of sidewalks. Instead, the applicant shall return to the Board with a site design for the construction of future side walks. Attending were Rick Friberg, Senior Project Engineer, TEC, Inc., Kevin Dandrade, Principal and Senior Project Manager, Tec, Inc., and R. Jonathan Henson, Project Landscape Engineer.
Public comment: Thomas Small, Eric Zacchini, and Russell Appleyard
Mr. Main motioned to approve Condition No 19 as complete and Condition No. 20 as partially completed. Mr. Conroy seconded. Agreed unanimously (5-0)
Administrative Business:
Case No. 3604 and 3631
Jeffrey Kapell
420 Billington Street
Sitting: Mr. Conner, Mr. Peck, Mr. Main, and Mr. Conroy
Atty. Richard M. Serkey represented the applicant who requested an extension of the initial
two-year excavation period of the Special Permit. Mr. McAuliffe, the Building Commission,
confirmed that Mr. Kapell has abided by Condition No. 1 of the Special Permit
for Case No. 3604.
Mr. Peck motioned to grant the extension an additional 2 years to April 17, 2015. Mr. Main
seconded. Agreed unanimously (4-0)
Administrative Business:
Public Review of Signage
Mr. Peck suggested requiring applicants to post a sign at property that has a Special Permit
pending to notify interested public about the application. Future discussion is planned for a
public review. If approved the Board of Appeals will then amend its’ procedural rules and
regulations.
Lee Hartmann, Director of Planning and Development, Paul McAuliffe, Building Commissioner,
and Mr. Peck will discuss the options before the Board takes action.
No further business came before the Board in open session.
Mr. Main motioned to adjourn the public hearing. Agreed unanimously (6-0).
Respectfully submitted,
Marilyn Byrne
Marilyn Byrne
Administrative Secretary
Approved: 04/18/2013
| 
