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, William Keohan, Michael Main, Edward Conroy, and Mike Leary
Members absent: James Simpson
Recording Secretary: Tracey McCarthy
Mr. Conner called this special 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; 8/7/13, and 9/18/13)
Home Depot Drive
Special Permit for Gravel Removal
Sitting: Mr. Conner; Mr. Keohan; Mr. Main; Mr. Peck, and Mr. Conroy
The Board received the following documentation* for review of this case:
- September 24, 2013 Letter from Anderson & Kreiger LLP
- September 25, 2013 Handout from Jerry Benezra
Mr. Conner asked where this case has been continued several times if Atty. Angley would do a re-cap of entire series of events. Mr. Conner also stated that this case is still an open hearing.
Atty. Angley, representing petitioner, gave a re-cap from inception to present.
Atty. Arthur Kreiger, representing Mark & Tammy Forsberg and Larry & Shirley Chiodi, referred to his September 24, 2013 letter which outlined his reasons why the project doesn’t meet zoning requirements. He also presented a property map of where the petitioner address is in comparison to his clients.
Public comment in favor: Jeff Burger, Steve Lydon, and Kevin Joyce.
Public comment in opposition: George Crombie, Jerry Benezra, Harvey LeSueur, Sharon Clark, representing Jessica & Blake Tirlia, Tammy Forsberg, and Robert Reifeiss.
Atty. Richard Serkey spoke on behalf of his client, Home Depot, regarding potential impacts of the proposed project.
Phil Cordeiro, PE, Allen & Major Associates, Inc. spoke about Zone II Aquifer Protection District, proposed monitoring wells, storm water, and erosion control. He further detailed the proposed storm water prevention plans. He also explained about timeframes and filing with MEPA and DOT. He then spoke about gravel removal phases.
Ron Muller, Ron Muller & Associates, spoke about the 2008 prepared traffic study for this potential development site. He also referred to his March 7, 2013 letter. He stated that once the development of this site begins then they will complete a Traffic Study. He also spoke about permitting from MEPA and DOT.
David Gilvar, Managing Partner, Harald, LLC. spoke on behalf of his tenants and their leases and Harald’s obligations. He then briefly touched upon the MOU with the Board of Selectmen.
Phil Cordeiro spoke about State requirements and conditions of DOT permit and vegetation of the land.
Atty. Angley closed with his interpretation of the Plymouth Zoning By-laws and also by reiterating the petitions for an earth removal permit.
The Chairman closed the hearing.
The Board discussed the proposed gravel removal and suggested continuing the case to allow for an independent review of the project’s impact on the Lout Pond Well.
Atty. Angley in response to the Board’s comments, was amenable to a continuance as discussed.
Mr. Peck made motion to re-open public hearing. Mr. Keohan seconded. All in favor (5-0)
Mr. Peck motioned to continue Case No. 3703 to November 6, 2013 @ 7:45 for the specific purpose of reviewing independent engineering consultant’s review of impact of water supply (Lout Pond Well) and submittal to the Board of an updated impact traffic report (40 trucks per day). Mr. Main seconded. The Board voted unanimously to continue (5-0).
Mr. Main motioned to adjourn the meeting. Mr. Conroy seconded. Agreed unanimously (6-0)
Respectfully Submitted
Tracey McCarthy
Administrative Secretary
Approved: October 16, 2013
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