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, Edward Conroy, Michael Main, 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.
The Chairman called for a vote to enter into Executive Session for the purpose of discussing litigation strategies in the following action:
Industrial Tower and Wireless, LLC (BOA Case No. 3633) v. Plymouth Zoning Board of Appeals.
A discussion of the foregoing in open session could have a detrimental effect on the litigation position and negotiating position of the Town. Counsel Jackie Cowin of Kopelman & Paige appeared on behalf of the Town.
Mr. Peck moved to enter into executive session. A Roll call vote was taken to enter into Executive Session.
Peter Conner – Yes; William Keohan – Yes; Edward Conroy – Yes; Michael Main – Yes; David Peck – Yes; James Simpson – Yes; Michael Leary – Yes.
Agreed unanimously (7-0).
Mr. Conner announced that the Board would return to open session at the conclusion of the Executive Session.
A roll call vote was taken to return to open session.
The Board returned to open session.
Public Hearing – Case No. 3710
DORCOD, LLC
11, 15, & 17 Cape Cod Avenue
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy
Mr. Keohan, the Clerk, read the legal advertisement into the record.
Steve Kotowski of Webby Engineering Associates, Inc. represented the petitioner who requested
a Special Permit per Section 205-43 and Table 5 to seek relief from front and side setback
requirements and a Special Permit per Section 205-25 Paragraph A3 to rebuild a non-conforming
structure in order to raze, reconstruct, alter, and enlarge the four existing non-conforming
dwellings in order to create three new dwellings.
Mr. Kotowski reviewed the site plan and discussed drainage, parking, landscaping, and answered questions from Board members. Board members requested the applicant to revise the plans to show access, walkways, landscaping, and for the applicant to work with the Water Department to have individual services with individual meters to comply with the requirements of the Department of Public Works.
There was no public comment.
Hearing Closed.
Mr. Main motioned to continue Case No. 3710 to August 7, 2013 at 8:00 pm. Mr. Keohan seconded. Agreed unanimously (5-0).
Public Hearing – Case No. 3703
Harald, LLC
Home Depot Drive
Postponed from March 20, 2013 and May 1, 2013
Sitting: Mr. Conner, Mr. Peck, Mr. Main, Mr. Conroy, and Mr. Keohan
Atty. Edward Angley represented the petitioners who requested 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). Atty. Angley stated that the applicants are not removing gravel, they are grading for future development. He also stated that at this time the applicants are withdrawing their request for relief along the Southwest of Harold’s property described in the existing MOU with the Town. They are retaining their request for the rest of the property. He further stated that in order to develop the property is it necessary to have a reasonably level site.
Philip Cordeiro, PE from Allen & Major Associates, Inc., Project Manager, outlined the proposed grading plan to the Board and spoke on the traffic situation and stated that the petitioners are working with many different departments within the Town.
David Gilvar, Harald LLC spoke on behalf of their Managing Partner Viking Acquisitions. Mr. Gilvar introduced Robert Brevnik from Paragon Outlets who briefly addressed the Board with their potention plans for a shopping mall.
Ron Mueller, Traffic Consultant, spoke regarding the potential traffic study which will be conducted and he will incorporate all the information that was reviewed when the MOU was submitted.
Public comment in favor: Lisa Williams, Laurie Curtis
Public comment in opposition: Robert Reifeiss, Peter Neville, and Mr. Keohan read a letter from direct abutter Barry C. Tassinari, Carmen White, Mrs. Clark (representing her daughter and son-in-law, Blake & Jessica Tirlia), and Tammy Forsberg.
Public comment: Walter Brady
William Shain asked if the subject area was in the aquifer zone.
Due to the lateness of the hour being 11 pm. the Board suggested continuing the case.
Mr. Keohan motioned to continue Case No. 3703 to August 7, 2013 at 8:15 p.m. Mr. Main seconded. Agreed unanimously (5-0)
Informal Hearing: Case No. 3701
Megryco, Inc. (Plymouth Armory Building)
76 Court Street
Review of Site, Landscaping, Lighting, and Architectural plans.
Due the lateness of the hour being 11 p.m., the Chairman moved for a vote to continue Case No. 3701 to June 19, 2013 at 7:00 pm.
Mr. Conroy motioned to continue. Mr. Main seconded. Agreed unanimously (5-0)
Mr. Keohan motioned to adjourn. Mr. Main seconded. Agreed unanimously
(7-0).
No further business came before the Board in open session.
Respectfully submitted,
Marilyn Byrne
Marilyn Byrne
Administrative Secretary
Approved: 06/12/2013
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