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, Edward Conroy, William Keohan, James Simpson, Michael Leary.
Town Counsel: Attorney Elizabeth Lane
Director of Inspectional Services: Paul McAuliffe
Staff present: Eileen Hawthorne
Reorganization:
Michael Main nominated Peter Conner as Chair; David Peck, second the vote was unanimous.
Bill Keohan nominated David Peck as Vice Chair; Michael Main, second; the vote was unanimous.
Michael Main nominated Bill Keohan as Clerk; David Peck, second; the vote was unanimous.
Case No. 3712 - Ecolaw For the Appellants (continued from June 12, 2013)
Appeal of the decision of the Building Commissioner to grant a permit for the construction of a concrete pad to accommodate modular dry cast fuel storage units at the Pilgrim Station “Entergy” plant at 600 Rocky Hill Road.
Seated: Peter Conner, David Peck, William Keohan, Michael Main, and Edward Conroy
The Board received the following documentation* for the continued review of Case No. 3712:
Supplementary Memorandum in Opposition to Appeal by Ecolaw from Atty. Richard Serkey, received July 2, 2013
Appellants’ Reply Memorandum dated July 1, 2013
Email Correspondence dated June 14 through June 17 Re: Frank Mand Comments
Copy of PowerPoint presentation given June 12, 2013 by Appellants
Atty. Richard Serkey presented Entergy’s opposition to the appeal of the Building Commissioner’s decision to issue a zoning permit to Entergy for the construction of a concrete pad for dry cask storage. Atty. Serkey based his opposition on the following: the past history of approved zoning permits for Entergy; that the on site storage of spent fuel rods is an accessory use; and that this accessory use (dry cask storage) is part of the principal use authorized by the original 1967 special permit.
Atty. Meg Sheehan, representing 18 appellants, stated that a special permit subject to environmental design conditions is required for the “storage of waste by-products”; an accessory use does not supersede the special permit requirement; and prior to 1990, several special permits were granted for accessory uses.
Atty. James Lampert, also representing the 18 appellants, presented the following basis for the appeal of the Building Commissioner’s decision to issue a zoning permit for the dry cask storage: the original special permit granted in 1967 did not include outside dry cask storage; the zoning bylaw does not allow the outside dry cask storage of spent nuclear fuel as a matter of right; and long term outside dry cask storage is not an accessory use. The appellants and their representatives believe that a special permit should be required for the outside dry cask storage and therefore the Building Commissioner’s issuance of a zoning permit should be overturned.
Atty. Elizabeth Lane commented that the Zoning Board of Appeals should determine whether the dry cask storage is part of the principle use; is it an accessory use to the principle use and was the issuance of the zoning permit by the Building Commissioner within the parameters of what is reasonable based on the original special permit and the past history.
Public Comment:
In Favor:
Norman Pierce, Fay Meltzer, Atty. Theodore Bosen, Jackie Hochtsin, Irene Caldwell, Wedge Bramhall, Anna Baker, Albert Foster, David Agnew, and Mary Lampert
In Opposition:
Kelly Gasless
The public hearing closed.
Michael Main moved for the Zoning Board of Appeals to reverse the decision of the Building Commissioner under Case No. 3712; William Keohan, second; the vote was (2-3-0) with Mr. Main and Mr. Keohan in favor, Peter Conner, David Peck and Edward Conroy in opposition, therefore the Building Commissioner’s decision to issue the zoning permit was upheld.
Other Business:
May include topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.
ZBA Case No. 3719
Daniel Garguilo and Alicia Hill
30 Fresh Pond Circle
Incomplete Filing
The Board received the following documentation* for review of this case:
Staff memo dated July 2, 2013
William Keohan moved for the Board to find that the application for a special permit under Case No. 3719 is an incomplete filing therefore no action will be taken; David Peck, second; the vote was unanimous.
Michael Main moved for the Board to adjourn at 10:55 p.m.; William Keohan, second; the vote was unanimous.
Respectfully Submitted,
Eileen Hawthorne
Approved: July 22, 2013
| 
