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Zoning Board of Appeals Minutes August 7, 2013
Zoning Board of Appeals
Minutes
August 7, 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, James Simpson, and Mike Leary

Director of Inspectional Services:  Paul McAuliffe

Recording Secretary:  Tracey McCarthy

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

Public Hearing:         O’Reilly – Case #3718
                        9 Tilton Street
                        Variance of frontage & area requirements to create a buildable lot.

Sitting:  Mr. Conner; Mr. Peck; Mr. Keohan; Mr. Main; 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:  
  • Zoning Board of Appeals Petition Application dated May 21, 2013
  • Project Narrative received on May 28, 2013
  • Department of Inspectional Services denial dated May 15, 2013
  • Plan to Accompany Zoning Application prepared by Bracken Engineering, Inc. dated     April 8, 2013
  • Plymouth County Registry of Deeds Quitclaim Deed dated October 10, 1996 and recorded on December 16, 1996, BK. 14847, PG 66
  • Deed recorded on May 6, 1918 in BK 1300, PG 351
  • Deed recorded with the Plymouth County Registry of Deeds on June 12, 1990, BK 9795, PG 219
  • Locus map - color copy  
  • Planning Board recommendation dated June 25, 2013
  • Residential Zoning Permit Application – Application # 42481
  • ZBA Public Hearing Notice
  • Memo from Richard Bosse dated June 25, 2013
  • Plymouth Fire Dept. Response dated June 25, 2013
  • Plat map stamped by ZBA on May 28, 2013
Zachary L. Basinski, P.E. with Bracken Engineering, Inc. appeared before the Board on behalf of the Petitioners, Thomas and Karen O’Reilly requesting a Variance of frontage and area requirements in order to construct a single family home.  Mr. Basinski stated that the property has been in the Petitioners family since 1914.  During Bracken’s recent survey, it was discovered that there was an error on the original subdivision plan that created the lots.  The lot is only 4,784 sq. ft and has only 47.84 ft. of frontage.  Mr. Basinski stated that they are not looking to create a new lot – this has always been considered a buildable lot.  Mr. Basinski believes that granting of this variance will not be detrimental and will still meet the intent of the by law.   

Tom O’Reilly stated this lot has been in his wife’s family since 1914 and the taxes have been paid on the lot since that time.  He always believed it was a buildable lot because on the deed it states buildable lot.  

Public Comment:  None

Hearing closed.

Mr. Main motioned to approve Variance for Case No. 3718.  Mr. Peck seconded.  

Granted unanimously (5-0)

Other Business:         Plymouth Regional Development – Case #3454 (Modif # 3623)
                        Hedges Pond Road
                        Requesting an extension of time to May 17, 2015

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

The Board received the following documentation* for review of this case:
  • April 10, 2013 Letter from Withington and Betters to ZBA RE addressing Condition #1
  • June 14, 2013 Letter from Associated Engineers to Paul McAuliffe RE support of an extension
  • June 17, 2013 Email from Paul McAuliffe to William Shaw RE Inspection of Site
  • June 21, 2013 Letter from Robert Betters to ZBA RE Request an informal meeting to address extension of time
Attorney Robert C. Betters reviewed the history of the gravel removal permit which was initially approved by the Zoning Board of Appeals in 2009.  Atty. Betters stated they returned before the Board in 2011 for an extension of that permit and it was granted.  Atty. Betters then came back in mid 2011 for a modification - the modification was approved and the decision was filed with the Town Clerk on May 17, 2011.  A condition of the permit required the Petitioner to come back every two years for an extension.  The Petitioner is requesting an extension of time to     May 17, 2015.  Attorney Betters stated that he believes the extension is covered by the permit extension act but is still seeking approval for the extension.  Atty. Betters stated that a definitive report has been filed showing that all conditions have been met to date and that the Petitioner is in compliance.  Atty. Betters concluded that the gravel removal will be completed within the next to 12 to 18 months, at which time the site will be buildable.  

Mr. Peck motioned to grant an extension of two years to May 17, 2015 on Case No. 3454 and Modification Case No. 3623.  Mr. Main seconded.  

Agreed unanimously (5-0)

Other Business:         Adoption of Guiding Principles

Mr. Keohan motioned for the Board to adopt the Guiding Principles as presented by Board of Selectmen.  Mr. Main seconded.

Agreed unanimously (7-0)

Other Business:         Industrial Tower and Wireless, LLC – Case # 3633
                        Decision to be signed by ZBA Members seated on this case

Sitting:  Mr. Conner; Mr. Peck; Mr. Main; Mr. Conroy; and Mr. Simpson

The Board received the following documentation* for review of this case:
  • August 15, 2013 letter from Winokur, Serkey & Rosenberg, PC
Mr. Main motioned to sign the Decision granting a Special Permit that would allow the construction of a 135-foot monopole wireless telecommunications tower and accessory equipment, subject to the specifications and conditions set forth in the Judgment entered by the United States District Court on August 1, 2013.  Mr. Simpson seconded.  

Agreed unanimously (5-0)

Public Hearing:         Dorcod, LLC – Case #3710 (Continued from 6/5/2013)
                        11, 15 & 17 Cape Cod Avenue
Special Permit for relief of setbacks and a Special Permit to rebuild a non-conforming structure

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

The Board received the following documentation* for review of this case:  
  • Department of Inspectional Services denial dated October 31, 2012
  • Zoning Board of Appeals petition application dated April 3, 2013
  • Copy of Deed recorded with the Plymouth Registry District – Certificate of Title No. 108456
  • Site Plan for 11, 15, and 17 Cape Cod Avenue prepared by Webby Engineering Associates, Inc., Plympton, MA dated April 3, 2013
  • Elevation Plan for proposed House drawn by GTH Designs, dated October 30, 2012
  • Site Photo’s
  • Fire Department review letter dated April 8, 2013 and signed April 11, 2013
  • March 18, 2013 letter from E.M. Collins, Abutter
  • Revised Department of Public Works review letter dated April 17, 2013
  • Design Review Board review memo dated May 15, 2013 w/Site Photo’s
  • Planning Board recommendation dated May 14, 2013
  • 7/24/2013 letter from Webby Engineering
  • Drainage report & calculations as part of enclosure from 7/24/2013 letter
  • Notes from 7/8/2013 (Enclosure from 7/24/2013 letter)
  • Revised site plan from Webby Engineering
  • 7/30/2013 – Revised Drainage Report & Calculations (Septic moved & watershed revised)
Stephen Kotowski, Webby Engineering Associates, Inc. representing the Petitioner presented a revised site plan that addressed the Board’s concerns regarding access, walkways, landscaping, and water services.  Access will be off Cape Cod Ave., there will be a walkway to Brush Hill Road, landscaping will include tree plantings, and individual water services and meter will be installed.  

Public Comment:  None   

Hearing closed.  

Mr. Main motioned to approve Case No. 3710 with 4 conditions.  Mr. Keohan seconded.  

Granted unanimously (5-0)

Public Hearing:         Harald, LLC – Case #3703
                        (Continued from 3/20/2013, 5/1/2013, and 6/5/2013)
                        Home Depot Drive
                        Special Permit for gravel removal
                        
Sitting:  Mr. Conner; Mr. Peck; Mr. Keohan; Mr. Main; and Mr. Conroy

At the March 20, 2013 meeting, the Board received the following documentation* for review of this case:  
  • Postponement request dated March 14, 2013
  • Notice of Public Hearing
At the May 1, 2013 meeting, the Board received the following documentation* for review of this case:  
  • Postponement request dated April 29, 2013
At the June 5, 2013 meeting, the Board received the following documentation* for review of this case:  
  • Department of Inspectional Services denial letter dated January 22, 2013
  • Zoning Board of Appeals petition application dated January 23, 2013
  • Deed recorded with Plymouth County Registry of Deeds on June 27, 2008 in BK 36126, PG 172
  • Deed recorded with Plymouth County Registry of Deeds on June 27, 2008 in BK. 36126, PG 170-171
  • Supplemental letter as an attachment to the Environmental Impact Statement submitted by Allen & Major Associates, Inc. dated January 23, 2013
  • Letter from Lightstone Acquisitions, New York, NY dated December 11, 2012
  • Proposed Earthwork Plan prepared by Allen & Major Associates, Inc. dated December 28, 2012; revised March 13, 2013; revised    March 25, 2013; revised May 7, 2013
  • Fire Department review letter dated February 7, 2012
  • Department of Public Works review MEMO dated February 14, 2013 and revised April 29, 2013 RE “Proposed Earthwork Plan Honda Drive Plymouth, MA”
  • Allen & Major Associates, Inc. Lakeville, MA dated March 13, 2013 - response to comments received by the planning staff & DPW
  • Allen & Major Associates, Inc., Lakeville, MA dated March 25, 2013 – response to review letter dated March 22, 2013
  • Letter from abutters dated March 19, 2013
  • May 8, 2013 email from Peter Neville RE: Viking Development v Lout Pont
  • May 13, 2013 email from Peter Neville RE: Revised Plans
  • Planning Board recommendation dated May 29, 2013
  • Site photos submitted by the Department of Planning and Development
  • Memorandum of Understanding received on May 29, 2013
  • Request to Jonathan Beder, DPW, dated May 29, 2013 for a temporary license
  • Letter dated June 3, 2013 from the Plymouth Regional Economic Development
  • Letter dated June 5, 2013 from Barry Tassinari, an Abutter
  • June 5, 2013 letter from Mr. & Mrs. Blake T. Tirlia, Abutters
  • Environmental Impact Statement signed on 1-23-13
  • “Proposed Earthwork Plan” by Allen & Major Associates, Inc. dated 12-28-12
  • Land Use Plan – Sheet No. LP-10 – Date:  11/25/2008
  • Locus Map
  • Exhibit Property Plan – Sheet No. PL-1 – Date:  3/23/2009
  • Proposed Buffer Plan – Sheet No. PL-3 – Date:  10/31/2011
  • Proposed Earthwork Plan prepared by Allen & Major Associates, Inc. dated December 28, 2012; revised March 13, 2013 Per Town Review; and, revised March 25, 2013 Per DPW Review
At the August 7, 2013 meeting, the Board received the following documentation* for review of this case:  
  • June 18, 2013 Email from Peter Neville
  • June 18, 2013 – 10 copies of the Revision for Earthwork Application Plan prepared by Allen & Major Associates, Inc. dated December 28, 2012; revised March 13, 2013 Per Town Review; revised March 25, 2013 Per DPW Review;  revised May 7, 2013 Revised Grading; and, revised June 14, 2013 Removed MOU Buffer Grading & Transmittal page from Phil Cordeiro
  • July 1, 2013 memo from Richard Bosse RE: comments to “Proposed Earthwork Plan…” dated December 28, 2012
  • July 31, 2013 letter w/attachments from Edward T. Angley
  • July 25, 2013 letter from anonymous addressed to Plymouth Town Mtg. Reps
  • August 1, 2013 letter from Plymouth Open Space Committee signed by Betsy Hall
  • June 10, 2013 Email from Val Massard to her from Robert Galvin dated June 5, 2013
  • Notes from Atty. Angley from the August 7, 2013 ZBA meeting
Atty. Edward Angley represented the Petitioner.  Atty. Angley stated that at the June 5, 2013 meeting, the Board had required additional documentation – a detailed Plan showing buffers, a letter from the Town allowing work to be done on the property and, a current MOU.  All but the letter from the Town were provided in Atty. Angley’s July 31, 2013 letter.  Atty. Angley stated that the Board of Selectmen postponed a decision for the License Agreement until their      August 13, 2013 meeting.  Atty. Angley expressed they will not be removing gravel from the buffer zone as defined in the MOU.  The area of grading on the Town property would be about 26,600 sq. ft. and would be preferable to a large retaining wall.  

Public comment in favor:  Denis Hanks, Economic Development Foundation.  David Gilvar, Harald LLC.  Paul Cripps, Tourism Director

Public comment in opposition:  Art Kreiger, Anderson and Kreiger in Boston.  

Mr. Conroy requested that Atty. Angley present a new traffic study.  

Mr. Keohan motioned to continue Case No. 3703 to September 18, 2013 at 7:30 p.m.  Mr. Peck seconded.  Unanimous (5-0)

Mr. Conner stated that no further notices will appear in the newspaper.  

Mr. Conroy motioned to adjourn the meeting.  Mr. Main seconded.  Agreed unanimously (5-0)

Respectfully Submitted
Tracey McCarthy
Administrative Secretary

Approved:  August 26, 2013