Zoning Board of Appeals
Minutes
September 4, 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: 137 Court Street LLC – Case # 3717 (Continued from 7/17/2013)
137 Court Street
5 Special Permits for 15 residential units
Sitting: Mr. Conner; Mr. Keohan; Mr. Main; Mr. Conroy; and Mr. Simpson
The Board received the following documentation* for review of this case:
a. Excerpt from July 17, 2013 Public Hearing
b. ZBA Petition Application
c. Department of Inspectional Services Denial
d. Residential Zoning Permit Application
e. Fiduciary Deed – BK 43064 PG 336 & 337
f. Memorandum of Understanding dated May 6, 2013
g. Environmental Impact Statement
h. May 21, 2013 Letter from Webby Engineering RE Supplemental Information to Environmental Impact Statement
i. Design Review Board review Memo dated May 15, 2013
j. DPW review Memo dated June 17, 2013
k. Fire Dept. Comments dated June 20, 2013
l. Plymouth Center Steering Committee Comments dated April 4, 2013
m. Planning Board recommendation dated August 21, 2013
n. Site Photos
o. 2008 Aerial View – Conceptual – 137 Court Street – Provided by Department of Planning and Development
p. August 5, 2013 OMC Architecture Project Overview & Summary
q. OMC architecture plans:
i. a1 Title Sheet dated August 1, 2013
ii. ‘Existing Conditions’ Plan of Land dated May 21, 2013
iii. ‘Site’ Plan of Land dated July 31, 2013 & Revised on August 21, 2013 – Revised Site Elevs. & Details
iv. Construction Details dated July 31, 2013 & Revised August 21, 2013 – Revised Site Elevs. & Details
v. A Landscape Development Plan dated May 15, 2013 & Revised August 16, 2013 – Job No. 13-3700
vi. a2 Site Plan dated August 1, 2013
vii. a3 Ground Floor Plan dated May 7, 2013
viii. a4 First Floor Plan dated May 7, 2013
ix. a5 Second Floor Plan dated May 7, 2013
x. a6 Elevations dated August 1, 2013
xi. a7 Elevations dated August 1, 2013
xii. a8 Roof Plan dated August 1, 2013
r. August 19, 2013 Email from Joe Marshall on behalf of the Design Review Board
s. June 22, 2011 Authorization letter from Lisa Faber Ginggen & Alec Ginggen to B&E Excavating
t. February 26, 2010 Letter to Mr. Canevazzi (prior owner of 137 Court Street) RE: flooding issue
u. February 7, 2010 Invoice to Alec & Lisa Ginggen RE: water damage to basement
v. 6 colored photos of drainage issues on property of Lisa Faber Ginggen, Abutter, 6 Murray Street
w. Exhibit A - hand-written drawing of property & Murray Street abutters given by Robert Coulthard, Abutter, 5 Murray Street
x. 8x11 with 4 colored photos of shrubs on property of 137 Court Street – provided by Margaret Parent, Abutter, 8C Murray Street
y. September 3, 2013 Memo from Engineering RE: Revised plans
z. September 3, 2013 Memo from Design Review Board
aa. September 4, 2013 Memo & Document from Valerie Massard RE: Recommended Conditions
Mr. Conner explained that the Board just received additional reports from the Town Engineer at tonight’s meeting and they have not had ample time to review; however, did not want to postpone.
Atty. Robert Betters, representing the petitioner, stated that Jay McMichael of OMC Architecture will be presenting this evening along with the Engineer, Steve Kotowski. Atty. Betters outlined the Special Permits that the petitioner is seeking. Atty. Betters then explained that this case was originally scheduled to be heard on July 17, 2013; however, the petitioner requested an extension because the Engineering Department had a number of questions and issues that the petitioner needed to address, primarily drainage. Atty. Betters stated that Engineering is satisfied with all the changes and the technical issues have been addressed.
Atty. Betters then referred to the Planning Board Report and stated that the Petitioner accepts all conditions as set forth and as well as in Valerie’s September 4, 2013 amended memorandum.
Jay McMichael with OCM Architecture presented existing and proposed conditions of property – he then explained each architectural plan and the landscaping plan. Mr. McMichael closed by stating that all the plans he presented have been before all pertinent town boards and committees and they are all satisfied with the plans as presented.
Mr. Leary asked Mr. McMichael about the dumpster location. Mr. McMichael said he took it upon himself to move the location of the dumpster.
Atty. Betters outlined the three waivers that the Petitioner is seeking.
Mr. Keohan expressed concern about the landscaping on Murray Street, the neighbors retaining wall, and minimal open space.
Steve Kotowski, Webby Engineering presented existing and proposed conditions of property. He spoke about the water issue on the property and how he has been working with engineering to resolve the matter, i.e. incorporating trench drains, catch basins, and collecting all surface runoff on site.
Mr. Keohan asked about inclusionary unit – (only 1 affordable unit is required under the By-law). To which, Mr. Peck asked if the petitioner would offer up two affordable units. Atty. Betters said no.
Public comment in favor: Chris Cronin, owner 139 Court Street.
Public comment in opposition: Lisa Faber Ginggen, 6 Murray Street; Robert Coulthard, 5 Murray Street; Margaret Parent, 8C Murray Street; Robert Mazalewski, 1 Murray Street; and Karen Montero, works at 247 Court Street.
Atty. Betters made comments regarding the setback, drainage, parking, and landscaping.
Steve Kotowski spoke about water tables and said post construction all water will be contained and controlled on site.
Jay McMichael with OCM Architecture explained in greater detail landscaping plans relative to screening.
Steve Kotowski and Atty. Betters discussed driveway slope and grades.
Mr. Main motioned to continue to September 18, 2013 at 8:15 p.m. to receive additional input from the Fire and Engineering Departments. Mr. Conroy seconded.
Voted unanimously to continue (5-0)
Public Hearing: Liang Zhang – Case # 3720
629 State Road
Special Permit to change from one use (retail) to another non-conforming use (Personal Services, Asian Body Work)
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:
1. Notice of Public Hearing
2. ZBA Petition Application
3. Dept. of Inspectional Services Denial
4. Commercial & Industrial Zoning Application
5. Copy of Deed - BK 14801, PG 279
6. Planning Board Recommendation dated August 20, 2013
7. Manomet Village Steering Committee Recommendation dated August 7, 2013
8. Dept. of Engineering MEMO dated August 14, 2013
9. Fire Dept. Email Comments dated August 15, 2013
10. Unofficial Property Card
11. Locus Map
12. Floor Plan drawn by Petitioner
13. Copy of Plan of Land
Mr. Liang Zhang stated that he has a similar business on 45 Samoset Street and that this will be his second personal service establishment.
Public comment in favor: None
Public comment in opposition: None
Mr. Conner stated that the Manomet Steering Committee has no objection to this Special Permit request.
Hearing closed.
Mr. Main motioned to approve Special Permit for Case No. 3720 with 2 conditions. Mr. Peck seconded.
Granted unanimously (5-0)
Public Hearing: Peter & Elise DeCola – Case #3721
10 Samoset Street
Special permits (3) to waive the side setback requirements, to enlarge a non-conforming structure and to modify off-street parking requirements.
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:
1. Notice of Public Hearing
2. ZBA Petition Application
3. Department of Inspectional Services Denial
4. Residential Zoning Permit Application
5. Copy of Deed - BK 41388 PG 85
6. Planning Board Recommendation dated August 20, 2013
7. Response MEMO from Richard Bosse dated July 22, 2013
8. August 19, 2013 Letter from Flaherty & Stefani RE: DPW Comments
9. Response from Fire Dept. dated August 14, 2013
10. Locus Map
11. Site Photos
12. July 9, 2013 Submittal Letter from Flaherty & Stefani
13. Copy of Plans and Floor Plans
Mark Flaherty, Flaherty & Stefani, Inc., represented the Petitioner, Mr. and Mrs. DeCola. Mr. Flaherty outlined the Special Permit requests they are seeking in order to create two one bedroom apartments and further discussed existing and proposed conditions.
Public comment in favor: Matthew Fredericks, 12 Samoset Street.
Public questions/concerns: Donald and Alison Edmands, 9 Vernon Street, had questions regarding rain garden.
No more public comment.
Mr. Flaherty spoke about the patio, drainage, and the rain garden.
Hearing closed.
Mr. Peck motioned to approve Special Permit for Case No. 3721 with 4 conditions as discussed. Mr. Main seconded.
Granted unanimously (5-0)
Public Hearing: Tufankjian – Case # 3705 (Withdrawn)
(Continued from 4/13/13, 5/15/13, & 7/17/13)
356 & 357 Court Street
Signs
Sitting: Mr. Peck; Mr. Keohan; Mr. Main; Mr. Simpson; and Mr. Leary
Mr. Keohan, the Clerk, read the August 20, 2013 letter from Attorney Allan H. Tufankjian
The Board received the following documentation* for review of this case:
1. August 20, 2013 Letter from Law Office RE Petition of Hyundai of Plymouth Withdrawal
Paul McAuliffe, Director of Inspectional Services, stated they issued building permits today and that the Petitioner is in compliance.
Mr. Main motioned to allow the withdrawal for Case No. 3705. Mr. Peck seconded.
Granted unanimously (5-0)
Other Business: Colony Place - Case # 3182
Site Plan Review / Expansion of Lifestyle Plaza
Sitting: Mr. Conner; Mr. Peck; Mr. Keohan; Mr. Main; and Mr. Conroy
The Board received the following documentation* for review of this case:
1. August 22, 2013 Letter from Saxon Partners RE New Construction - Site Plan Approval
Gary Darmon, Saxon Partners, discussed existing conditions and proposed additions to the existing layout and that the architecture will be in keeping with everything else.
Mr. Conroy motioned to approve. Mr. Main seconded.
Voted unanimously (5-0)
Other Business: Approval of August 21, 2013 ZBA Meeting Minutes
Mr. Keohan motioned for the Board to approve the August 21, 2013 Meeting Minutes as presented. Mr. Simpson seconded.
Agreed in favor to approve - Mr. Conner; Mr. Main; Mr. Keohan; and Mr. Simpson. Abstention – Mr. Peck; Mr. Conroy; and Mr. Leary
Mr. Main motioned to adjourn the meeting. Mr. Conroy seconded. Agreed unanimously (7-0)
Respectfully Submitted
Tracey McCarthy
Administrative Secretary
Approved: October 2, 2013
* On file with the Zoning Board of Appeals in project case file.
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