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Zoning Board of Appeals AMENDED Minutes June 19, 2013
June 19, 2013
AMENDED Minutes


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,

Recording Secretary:  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

Documentation listed below.  

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)

The Board received the following documentation* for review of this case:
  • Letter of Submission from Atlantic Design Engineers, Inc., Sandwich, MA dated December 26, 2012;
  • Department of Inspectional Services denial dated December 12, 2012;
  • Zoning Board of Appeals petition application dated December 26, 2012;
  • Transfer Certificate of Title dated November 2, 1992;
  • Transfer Certificate of Title dated April 27, 1972;
  • Shadow Flicker Analysis prepared by Atlantic Design Engineers, LLC, Sandwich, MA dated December 26, 2012;
  • Photosimulation Report prepared by Atlantic Design Engineers, LLC, Sandwich, MA dated December 26, 2012;
  • Environmental Impact Statement prepared by Atlantic Design Engineers, LLC, Sandwich, MA dated December 26, 2012;
  • Environmental Sound Level Assessment prepared by Modeling Specialties, Westford, MA dated December 26, 2012;
  • Site Plans prepared by Atlantic Design Engineers, Inc., Sandwich, MA dated December 26, 2012;
  • Cost Estimate for Turbine Removal/Decommissioning prepared by Atlantic Design Engineers, LLC, Sandwich, MA dated December 26, 2012;
  • Capacity Factor Calculation prepared by Atlantic Design Engineers, LLC, Sandwich, MA dated December 26, 2012;
  • Proposed Turbine Elevation View prepared by Atlantic Design Engineers, Inc.
  • Gamesa 850 kW Reliability and Experience Technical Specifications received on January 9, 2013;
  • Determination of No Hazard to Air Navigation prepared by the Federal Aviation Administration issued on December 13, 2012;
  • Final Determination by the Massachusetts Department of Transportation (MassDOT) Aeronautics Division dated November 21, 2012;
  • Obstruction Marking and Lighting Advisory Circular prepared by the U.S. Department of Transportation, Federal Aviation Administration, effective February 1, 2007;
  • Narrative prepared by Stop & Shop received on January 10, 2013;
  • Notice of Balloon Test received on January 10, 2013;
  • “Scope of Review Services” by Beals + Thomas estimate of review dated January 10, 2013;
  • Fire Department review letter dated January 17, 2013;
  • Department of Public Works review letter dated January 22, 2013;
  • Supplemental Photosimulations as an Addendum to the Photosimulation Report dated December 26, 2012, submitted by Atlantic Design Engineers, Inc. dated January 24, 2013;
  • Peer Review Comments by Beals + Thomas review dated January 28, 2013;
  • Atty. Paliotti letter regarding Alongquin Heights dated January 29, 2013 along with copy of January 11, 2013 letter addressed to Stop & Shop;
  • “Response Letter to Peer Review Comments” by Atlantic Design Engineer to Beals + Thomas comments dated February 25, 2013;
  • West Plymouth Steering Committee review letter dated March 3, 2013;
  • Modeling Specialties Errata Issues related sound analysis dated March 13, 2013;
  • “Supplemental Review” by Beals & Thomas dated March 19, 2013;
  • Revised plan as part of response letter from Beals and Thomas, letter dated March 21, 2013, plan dated March 20, 2013 revised;
  • Modeling Specialties summary of DEP meeting dated April 16, 2013 with cover letter email (Received at 4/17/2013 Hearing from Atty. Angley);
  • Model Specialties Protocol for Supplemental Sound Study dated April 16, 2013 (Received at 4/17/2013 Hearing from Atty. Angley);
  • Department of Environmental Protection letter dated April 17, 2013;
  • Atty. Paliotti letter to DEP dated April 23, 2013;
  • Letter to MA DEP from Patrick Farah, Planning Department Technician dated April 24, 2013;
  • Department of Environmental Protection letter dated April 26, 2013;
  • DEP letter regarding noise study dated April 30, 2013;
  • Modeling Specialties Supplemental Sound Study dated May 30, 2013;
  • Abutter letter received June 3, 2013;
  • DEP Supplemental Sound Study dated June 7, 2013;
  • Beals + Thomas Scope of Services dated June 6, 2013;
  • Email from Andrew Young dated January 14, 2013 RE:  Photosims;
  • Email to Atty. Angley from Marilyn Byrne regarding Deed References;
  • Memo to Planning Board from Patrick Farah dated June 10, 2013;
  • Argo Consulting random video interview listing dated March 25, 2013;
  • Planning Board recommendation dated June 11, 2013;
  • Site photo’s prepared by Department of Planning and Development;
  • Response of Algonquin Heights Associates with A-F Tabs - received on June 11, 2013;
  • PatriotLedger.com;
  • Bulletin of Science, Technology & Society received by ZBA on June 11, 2013;
  • Wind Turbine Acoustic Investigation;
  • Acoustic Analysis Report for Environmental Sound Level Assessment;
  • Letter to Atty. Paliotti from S. E. Ambrose & Associates dated April 29, 2013;
  • Objection of Algonquin Heights Associates Limited received by ZBA on June 11, 2013;
  • DEP Letter to Fairhaven Board of Health dated May 21, 2013;
  • Energy and Environmental Affairs sheet dated May 31, 2013;
  • O’Donnell Wind Turbines Noise Evaluation, Kingston, MA dated April 23, 2013;
  • Power Point presentation “Sound Analysis Recap” received on June 12, 2013;
  • Letter describing “Revised Vehicle Access and Laydown Plan” dated March 21, 2013;
  • Vehicle Access and Laydown Plan dated February 28, 2013 and revised on March 20, 2013; and
  • Sight Line C-C dated December 26, 2012;
  • Gamesa General Characteristic Manual dated March 22, 2010;
  • Brief from Atty. Angley received and distributed at the June 19, 2013 ZBA meeting;
  • Boston Globe article dated June 11, 2013 - received and distributed at the June 19, 2013 ZBA meeting;
  • Algonquin Heights petition and related signature pages received and distributed at the June 19, 2013 ZBA meeting;
  • Package of information from Atty. Paliotti received and distributed at the June 19, 2013 ZBA meeting (Objection of Algonquin Heights … with Exhibits A thru Exhibits M and a Presentation by Stephen E. Ambrose – “Sound Decisions Have Quiet Results”);
  • DEP letter dated June 17, 2013 responding to the Supplemental Sound Study;
  • Letter from Jeff Luce, an abutter dated March 25, 2013 – received and distributed at the June 19, 2013 ZBA meeting;
  • June 19, 2013 PPT presentation given by Richard Tabaczynski w/Atlantic Design Engineers at June 19, 2013 ZBA meeting (Received electronically in ZBA office on 8/13/2013);
  • June 19, 2013 PPT presentation given by Dr. McCunney at June 19, 2013 ZBA meeting (Received electronically in ZBA office on 8/14/2013)
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.

The Board received the following documentation* for review of this case:
  • 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.
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)

Mr. Main moved to adjourn the hearings.  Mr. Conroy seconded. Agreed unanimously
(5-0).

*On file with the Zoning Board of Appeals in project case files.  
Respectfully re-submitted,

Tracey McCarthy
Administrative Secretary

Approved: July 30, 2013
Amended:  August 20, 2013