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 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. 3703 (Continued from March 20, 2013)
Harald, LLC
Home Depot Road
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main and Mr. Conroy
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, the Clerk, read a letter from Atty. Edward T. Angley requesting a second continuance to June 5, 2013. Town Engineer has recently sent a report to the Planning Board which would have heard the matter on Monday, April 29th. That meant that the ZBA would not receive a recommendation from the Planning Board until the night of the hearing, on May 1st. Board members requested the applicant stake the property showing where the Town Land is.
Mr. Main motioned to continue the public hearing to June 5, 2013 at 7:45 PM. Mr. Peck seconded. Agreed unanimously (5-0)
Public Hearing – Case No. 3706
Keith Whitaker
5-7 Sever Street
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy
Mr. Keohan, the Clerk, read the legal advertisement into the record.
The applicant requested a Special Permit per Section 205-54 Paragraph E3 to seek relief from side setback requirements in order to divide the property into two lots. Mr. Keohan read a letter dated April 11, 2013 from Donald F. Bracken, Jr. P.E., Bracken Engineering, Inc. requesting to withdraw the Special Permit Application.
Mr. Conroy motioned to accept the withdrawal of Case No. 3706. Mr. Peck seconded. Agreed unanimously (5-0).
Informal Hearing – Case No. 3548
CBF Nominee Trust (Eric Pontiff)
176 Sandwich Street
Sitting: Mr. Conner, Mr. Peck, Mr. Main, Mr. Conroy, and Mr. Keohan
Atty. Edward C. Angley and Mark Flaherty, of Flaherty & Stefani, represented the applicant, Eric Pontiff, who is purchasing the project from Jeffrey Fischer, of CBF Nominee Trust. The applicant was required to return to the Board with architectural, landscaping, and site plans for final approval, per the conditions of the case, which was approved in 2009. Mr. Flaherty presented his final plans which addressed Conditions 1, 2, and 3 and answered questions from Board members. In regards to the parking, the required amount of parking spaces is 15. The final plan shows 15 legal size parking spaces, and several reduced size parking spaces for smaller vehicles and motorcycles for a total of 22 spaces.
Mr. Peck motioned to accept Conditions 1, 2, and 3 as being satisfied. Mr. Main seconded. Agreed unanimously (5-0)
Informal Hearing – Case No. 3700
Joshua Bows
880 State Road
Sitting: Mr. Conner, Mr. Peck, Mr. Main, Mr. Conroy, and Mr. Leary
Mr. Bows presented a revised site land plan entitled “Special Permit Site Plan #880 State Road” prepared by Merrill Associates, Inc. dated January 8, 2013 and revised March 29, 2013 and answered questions by the Board. The revised site plan adequately addressed Conditions 1 (a) and (f) of the Board’s decision. In addition, the Planning Board endorsed an Approval Not Required Plan (ANR Plan 4453) on April 1, 2013 thereby addressing condition 1(b).
Mr. Peck motioned to accept Condition 1 (a, b, and f) as having been met. Mr. Main seconded. Agreed unanimously (5-0)
Other Business – Case No. 3517
Balboni, LLC Wind Turbine
125 Camelot Drive
Bond Review
Atty. Robert C. Betters introduced Simon Thomas and Richard Tabaczynski of Atlantic Design Engineers, LLC. On March 4, 2009 the Zoning Board of Appeals voted unanimously to grant the petition of Balboni, LLC for the construction of a 388.8’ wind turbine. Condition No. 2 of that Special Permit states that an escrow account or other suitable surety acceptable to the Board of Appeals be established to ensure adequate funds are available for removal of the wind turbine tower. The amount of such surety shall be $150,000.00. The condition further states that this review will be done informally. The applicant is proposing to make installments payments in the total amount of $100,000.00, these funds being held in escrow by the Town of Plymouth (in an interest bearing account).
Board members had an issue with Atlantic Design Engineers estimating the cost of the turbine removal, because the President of Atlantic, Simon Thomas, is also a co-owner of the Turbine. The Board requested Atlantic Design Engineers to recuse themselves from the estimation and asked that an independent estimation be completed showing the cost amount to dismantle and remove the turbine, including the salvage value of the wind turbine components. The applicant will return to the Board informally when estimates are completed.
Mr. Conroy motioned to adjourn the public hearing. Mr. Simpson seconded. Agreed unanimously (5-0).
No further business came before the Board in open session.
Respectfully submitted,
Marilyn Byrne
Marilyn Byrne
Administrative Secretary
Approved: 05/02/2013
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