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
Town Counsel: Elizabeth Lane, Kopelman and Paige, P.C.
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. 3714
SMR Realty Trust
180 South Meadow Road, Unit K
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy
Mr. Keohan, the Clerk, read the legal advertisement into the record.
Randy Parker of Land Management Systems, Inc. represented the applicant who requested a Special Permit per Section 205-17 Paragraph D subject to Environmental Design Conditions in order to have more than one principal non-residential structure on a lot in an Airport Zone. Mr. Parker answered questions by Board members who expressed concerns that the warehouse will be turned into an automobile repair shop and may require additional parking. Mr. Parker introduced the applicant, Rick Ellis, who stated that his intention is not to utilize the site as an automobile repair shop, or offer office space, which would affect the parking. He proposes to use the site as a warehouse for storage. The Board had concerns regarding the Fire Department review letter that recommended fire detection and fire suppression systems for the proposed
warehouse. Mr. Ellis stated that there is a fire-hydrant about 75 – 80 feet from the existing building.
There was no public comment.
Hearing closed.
Mr. Main motioned to approve Case No. 3714 with three conditions. Mr. Peck seconded. Granted unanimously (5-0)
Submitted Documentation:
Submission letter received on May 9, 2013;
Special Permit Narrative received on May 9, 2013;
Zoning Board of Appeals petition application dated May 6, 2013;
Department of Inspectional Services denial dated December 19, 2012;
Environmental Impact Statement dated May 6, 2013;
Plymouth County Registry of Deeds Quitclaim Deed dated August 10, 2007;
Assessors’ Office certified abutters listing dated April 16, 2013 and mailing labels;
Division of Fisheries & Wildlife project review dated January 15, 2013;
Pre-Application Stormwater Design and Concept Plan dated May 6, 2013;
Preliminary Floor Plan “B” prepared by Land Management Systems, Inc., Manomet, MA received May 9, 2013;
Site Plan for Building 2 prepared by Land Management Systems, Inc. dated October 9, 2012 and October 3, 3012;
Fire Department response letter dated May 30, 2013;
Planning Board recommendation dated June 4, 2013;
Property record card;
Site Photo’s (2);
Revised top page of Planning Board Recommendation; and
Department of Public Works review letter dated June 4, 2013.
The Chairman called for a vote to enter into Executive Session for the purpose of discussing litigation strategies in the following actions:
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.
David Peck motioned the Board to enter into Executive Session. A roll call vote was taken:
Peter Conner – Yes; Edward Conroy – Yes; Michael Main – Yes; David Peck – Yes; James Simpson – Yes; and Michael Leary – Yes
Agreed (6-0). Mr. Keohan recused himself.
The Board adjourned their regular session and entered into Executive Session.
The Board returned from Executive Session.
Public Hearing - Case No. 3712
Ecolaw for the Appellants
600 Rocky Hill Road
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy
Mr. Keohan, the Clerk, read the legal advertisement into the record.
Margaret (Meg) E. Sheehan, Esq. and James B. Lampert, Esq. represented the appellants who filed the petition on behalf of eighteen (18) Appellants. The petition appeals the decisions of the Building Commissioner dated March 27, 2013 pursuant to Massachusetts General Laws c.40A, §8 approving a zoning permit for the construction of a concrete pad to accommodate modular dry cast fuel storage units, a use and structure, subordinate to the principal use of power generation at Pilgrim Station on the property of Entergy Nuclear Generation Co., and denying Ecolaw’s March 25, 2013 request for enforcement. Atty. Lambert presented a PowerPoint presentation.
Atty. Richard Serkey represented Entergy and stated that the original license was granted after extensive fact finding. He further summarized the facts surrounding the building permit to explain why the appeal by Ecolaw should be denied. He explained that “storage is necessary for all nuclear power facilities. Since 1973 spent fuel rods have been stored at this location and the existing pools are 83% full. Therefore, Entergy needs a new facility to store the spent fuel rods.”
Due to time restraints the case had to be continued.
Mr. Keohan motioned to continue Case No. 3712 to July 10, 2013 at 7:30 pm. Mr. Peck seconded. Agreed unanimously (5-0)
Mr. Keohan motioned to adjourn the public hearing. 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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