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, Michael Main, William Keohan, Edward Conroy, James Simpson, and Mike Leary
Members absent: David Peck
Director of Planning & Development: Lee Hartmann
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: Harald, LLC – Case #3703
(Continued from 3/20/13; 5/1/13, 6/5/13; and 8/7/13)
Home Depot Drive
Special Permit for Gravel Removal
Sitting: Mr. Conner; Mr. Keohan; Mr. Main; and Mr. Conroy
The Board received the following documentation* for review of this case:
- Executed copy of License Agreement
- September 18, 2013 Letter from Atty. Angley to continue case to September 25, 2013
Mr. Conner stated that at his request the applicant has agreed to extend this case to next Wednesday, September 25, 2013 due to fact a ZBA member who was sitting on this case is absent this evening. Mr. Conner also stated that Atty. Angley has provided the Board with a letter of agreement to continue the case to September 25th.
Mr. Main motioned to continue Case # 3703 to September 25, 2013 at 7:30 p.m. Mr. Keohan seconded.
The Board voted unanimously to continue (4-0)
Public Hearing: S/F, LLC – Case #3722
146 Court Street
Special Permit per Section 205-48 paragraph D4 for a multi-family subject to Environmental Design Conditions. (Conversion of the existing building, so as to renovate, repair, and create, five (5) one bedroom residential units on the first and second floors of the existing building, while preserving the existing two bedroom apartment unit on the third
floor, and the existing 1,200 sq. ft. of commercial space on the lower level.
Sitting: Mr. Conner; Mr. Keohan; Mr. Main; Mr. Conroy; and Mr. Leary
Mr. Keohan, the Clerk, read the legal advertisement into the record.
The Board received the following documentation* for review of this case:
- Abutters' Notification
- Dept. of Inspectional Services Denial
- Residential Zoning Permit Application
- ZBA Petition Application
- Massachusetts Quitclaim Deed Recorded w/Plymouth County Registry of Deeds on 5/29/2013 in Book 43120, Page 246 & Page 247
- Subdivision of Land recorded w/Plymouth County Registry of Deeds in Book 3001, Page 460 7. Environmental Impact Statement
- August 8, 2013 Letter from Cornetta, Ficco & Simmler RE: Application for Special Permit
- Memorandum in Support of Application For Special Permit
- Response Memo from Engineering Dated August 26, 2013
- September 11, 2013 Response from Fire Dept.
- September 9, 2013 Opposition Email from Robert Billet & Anita Lamsa
- September 11, 2013 Planning Board Comments
- September 12, 2013 Letter from Mark B. Dunay RE: Opposition
- September 18, 2013 Plymouth Center Steering Committee Comments
- September 18, 2013 Handout received from Atty. Cornetta at ZBA Meeting (Packet of colored photos)
Atty. Richard Cornetta, representing Petitioner, gave handout with pictures of subject property and other commercial and residential projects. Atty. Cornetta referred to plan that was submitted with the filing package, outlined property ownership, and the existing and proposed conditions.
Public comment in favor: Donald Correa, 147 Court Street. Mark Matthews, 142 Court Street.
Public comment in opposition: Rick Osmond, 106 Allerton Street
Atty. Cornetta spoke about parking conditions, current and proposed zoning of the property, and then made his closing remarks.
Hearing closed.
Mr. Main motioned to approve Special Permit for Case No. 3722 with two conditions as recommended and to add a third condition that the trash dumpster is not permitted to be moved - it is to stay at its present location. Mr. Leary seconded
Granted unanimously (5-0)
Public Hearing: Airamee McMahon – Case #3717
(Continued from 7/17/13 & 9/4/13)
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:
- September 9, 2013 Email opposition from Robert Billet & Anita Lamsa
- September 9, 2013 Letter of opposition from Thomas & Claudia Freeborn
- September 17, 2013 Fire Dept. Response
- September 12, 2013 Letter of opposition from Robert Mazalewski
- September 11, 2013 Response Memo from Public Works Department
- Handout received at September 18, 2013 meeting entitled “Abutters’ Collective Written Objections”
- Handout from JC Engineering received at September 18, 2013 meeting
Atty. Robert Betters, representing the petitioner, stated that Jay McMichael of OMC Architecture will be presenting this evening along with the Engineer, Steve Kotowski, Webby Engineering. He stated that the continuance was to enable written comments from Engineering, Fire Dept., and Public Works – all of which the Board has received. He refered to memos received from each department and that all previous issues were addressed.
Atty. Betters addressed existing and proposed drainage, parking, and density issues.
Steve Kotowski addressed drainage issues, volumes, and run-off. He also stated that the Town has reviewed all calculations and is satisfied. Mr. Kotowski spoke about the drainage, trench drain, grit chamber, and basin system. He explained how the whole system works to retain the water and mitigate drainage issues.
In opposition: Mr. Ginggen, 6 Murray Street.
Mr. Kotowski spoke about the parking spaces.
Hearing closed.
Mr. Main motioned to approve Special Permit for Case No. 3717 subject to eight conditions. Mr. Simpson seconded.
Granted 4-1 with Mr. Conner; Mr. Main; Mr. Conroy; and Mr. Simpson in favor and Mr. Keohan in opposition.
Other Business: Balboni, LLC - Case # 3517
Camelot Drive
Wind Turbine
Sitting: Mr. Conner; Mr. Keohan; Mr. Main; and Mr. Conroy
The Board received the following documentation* for review of this case:
- August 30, 2013 letter from Atty. Robert Betters
Atty. Robert Betters, representing Petitioner, read his August 30, 2013 letter. He expressed that the Town Treasurer’s preference is to have funds deposited in a Town account; however, he does not believe the interest is substantial. Therefore, he is requesting that the funds be deposited at Weymouth Bank.
Lee Hartmann, Planning & Development Director explained Town’s preference and position.
Mr. Main made motion that Condition No. 2 will be satisfied by placing $90,157.50 in a Town held Performance Guarantee, Interest Bearing Account. Mr. Keohan seconded.
Agreed unanimously (4-0)
Mr. Main motioned to adjourn the meeting. Mr. Keohan seconded. Agreed unanimously (6-0)
*On file with the Zoning Board of Appeals in project case files.
Respectfully Submitted
Tracey McCarthy
Administrative Secretary
Approved: October 16, 2013
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