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Zoning Board of Appeals Minutes June 19, 2013
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,
Staff present:  Marilyn Byrne

Mr. Conner called the meeting to order and explained the procedures for the evening.

Informal Hearing - Megryco, Inc. (Plymouth Armory Building)
Case No. 3701
        76 Court Street
Review of Site, landscaping, lighting and architectural plans.

Sitting:  Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy

Atty. Robert Betters represented Megryco, Inc. who returned to the Board for an informal review with final plans for the Board’s approval.   One issue from the public hearing concerned the two affordable units.  Atty. Betters has a revised Memorandum of Understanding with the Office of Community Development to have two affordable units on site, which is consistent with the Decision of the Board. There is also a new Memorandum of Understanding on file with the Zoning Board of Appeals.   The number of residential units have gone from 18 to 20 to accommodate the two affordable units. The petitioner has received final approval from the Plymouth Historic District Commission and the Massachusetts Historical Commission.  

Bill Shaw of Associated Engineers presented the final site plan which is basically the same plan as the Board reviewed during the public hearing, with added access points for the building.  Mr. Shaw passed out lighting details to Board Members.

R. Jon Hensen, Landscape Architect, presented the final landscaping plans showing areas of existing grading and evergreen plantings and perennials. Open space areas will have street tree plantings.  

Jeffrey M. Metcalfe, Architect for the project, presented the final version of the architectural plan, which has been approved by both the Plymouth and the Massachusetts Historical Commission.  

Atty. Angley has signed a copy of the easement.

Mr. Main motioned that the applicant has met the obligations of Conditions No. 3c and 3d.  Mr. Peck seconded.
        
The vote was unanimous (5-0)
Public Hearing- Case No. 3698 (Continued from April 17, 2013)
Stop & Shop Wind Turbine – Case No. 3698
129 – 131 Samoset Street

Sitting:  Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy

Atty. Edward Angley represented the petitioner who is seeking a Special Permit per Section 205-73, Paragraphs A through F subject to Environmental Design Conditions for a Wind Turbine.  Atty. Angley passed out a brief to Board members and introduced Jihad Rizkallah, Vice President of Responsible Retailing for Stop & Shop.  Mr. Rizkallah presented a slide show pertaining to Stop & Shop’s relationship with the community and the benefit the Wind Turbine will have for the store.  

Greg O’Brien, Community Relations Consultant with Stop and Shop, informed the Board that he walked through the neighborhood speaking with residents and answering their questions regarding the proposed turbine. He also met with the West Plymouth Steering Committee and the Algonquin Heights Association.

Richard J. Tabaczynski, P. E. Vice President of Atlantic Design Engineers, LLC presented an aerial overview of the site and answered questions from Board Members. Mr. Tabaczynski showed a comparison between the Stop and Shop proposed turbine and the Kingston, MA turbine. He explained how the balloon test is conducted and showed the view of the proposed tower from 22 surrounding properties.
        
Doug Sheadel of Modeling Specialties gave a PowerPoint presentation regarding the Sound Study prepared for the project and answered questions from Board Members.

Dr. Robert J. McCunney, MD, MPH, MS spoke on the health effects, or lack thereof, that turbine exposure has on people.

George Bachrach, President, Environmental League of Massachusetts, spoke briefly regarding the benefits of wind turbines on the environment.

Mr. McCann, a real estate appraiser, conducted a PowerPoint presentation on turbine impacts on real estate values.

Public comment in favor:  Ann McCormick , Kevin O’Reilly, and Mr. O’Reilly read a letter from Jeff Luce, Christine Hurley, and Lyn Yago.

Public comment in opposition:  Atty. David Paliotti, represented the owners of Algonquin Heights.

Due to the late hour the Board moved to continue the public hearing.  Mr. Keohan motioned to continue the public hearing to August 21, 2013 at 7:30 pm.  Mr. Main seconded.  

Agreed unanimously to continue (5-0)


Public Hearing – Case No. 3713
        Jonmat Realty Trust
61 Commerce Way

Sitting: Mr. Conner, Mr. Keohan, Mr. Main, Mr. Peck, and Mr. Conroy

Mr. Keohan, the Clerk, read the legal advertisement into the record.

Atty. Edward Angley represented the petitioners who requested a Special Permit per Section 205-55 Paragraph D1, subject to Environmental Design Conditions.  The petitioner is proposing a second use within the existing building, specifically a nail salon.  Atty. Angley passed out a brief to each Board member which included a floor plan and answered questions from the Board.  This site was previously developed under Board of Appeals Case No. 3496 to construct a retail use, the NASR retail building, with associated parking, landscaping and amenities.  

There was no public comment.

Hearing Closed

Mr. Keohan motioned to approve Case No. 3713 with three conditions as discussed. Mr. Main seconded. Granted unanimously (5-0)

Submitted Documentation:
  • Submission letter dated May 2, 2013;
  • Department of Inspectional Services denial dated April 1, 2013;
  • Zoning Board of Appeals petition application dated April 25, 2013;
  • Environmental Design Conditions dated May 2, 2013;
  • Assessors’ Office Certified Abutters Listing dated April 30, 2013 and mailing labels;
  • Massachusetts quitclaim deed short form dated November 28, 2008;
  • Plot Plan of Land prepared by Webby Engineering Associates, Inc., Plympton, MA dated January 4, 2010;
  • Floor plan designed by JRArchitecture Planning & Design, Inc., Abington, MA dated February 21, 2013;
  • West Plymouth Steering Committee email dated May 16, 2013;
  • Fire Department review letter dated May 29, 2013;
  • Site photos;
  • Planning Board recommendation dated June 4, 2013;
  • Property records cared dated May 23, 2013; and
  • Salon floor plan prepared by JRArchitecture Planning & Design Inc. dated May 24, 2013;
Mr. Main moved to adjourn the hearings.  Mr. Conroy seconded. Agreed unanimously
(5-0).

Respectfully submitted,
Marilyn Byrne
Administrative Secretary

Approved: July 30, 2013