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Zoning Board of Appeals Minutes October 2, 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, Michael Main, William Keohan, Edward Conroy, David Peck, and Michael Leary

Members absent:  James Simpson

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:         Anthony Thompson – Case # 3723
                        11 Westwood Road
                        Special Permit per section 205-17 Paragraph E3B to waive accessway 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:  
  • Notice of Public Hearing
  • August 6, 2013 Dept. of Inspectional Services Denial
  • July 3, 2013 Residential Zoning Permit Application
  • Deed filed with Plymouth County Registry of Deeds – BK 2093, PG 186
  • Deed filed with Plymouth County Registry of Deeds – BK 2572, PG 187
  • Town of Plymouth Certificate of Death RE Alba Carmen Thompson
  • Decree and Order on Petition for Formal Adjudication
  • Letters of Authority for Personal Representative
  • Zoning Board of Appeals Petition Application
  • Plan of Land recorded with Plymouth County Registry of Deeds on November 8, 1971
  • Plat and Lot views of property
  • September 3, 2013 Dept. of Public Works Memo
  • September 19, 2013 Fire Dept. Comments
  • September 24, 2013 Planning Board Comments
  • September 16, 2013 Letter from Lawrence Winokur
  • 2013 Aerial View
  • Figure 1 dated September 12, 2013
Anthony Thompson, Petitioner, outlined his request for a Special Permit and expressed that he has no intention of building on the site just determining if it is buildable so he can sell it as such.

Public comment in favor:  Bill Shaw

Public comment in opposition:  None  

The Chairman closed public comment.  

Paul McAuliffe expressed that it is preferable for road improvements to be made prior to the issuance of a building permit.  The only issue with this Special Permit request has to deal with access - which is required in the Zoning Bylaw.  

The Chairman closed the public hearing.

Michael Main did not believe adequate information was provided in the form of plans certified by an engineer.  

William Keohan did not believe adequate information was provided in the form of plans certified by an engineer.  

Edward Conroy did not believe adequate information was provided in the form of plans certified by an engineer.

David Peck believed the application was incomplete.  

Peter Conner did not believe adequate information in the form of plans and drainage calculations certified by an engineer were provided.

Mr.Main motioned to approve Case No. 3723.  The motion did not pass.  

Mr. Main motioned to deny without prejudice.  Mr. Peck seconded.  The motion was unanimous 5-0.   

Public Hearing: Roger Costa – Case # 3725
                        56 Sandwich Street
                        Special permit per Section 205-48 Paragraph C2 to operate a Hair Salon.

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:  
  • Notice of Public Hearing
  • Department of Inspectional Services Denial dated August 27, 2013
  • Application for Applying for a Business dated August 8, 2013
  • Zoning Board of Appeals Petition Application dated August 27, 2013
  • Quitclaim Deed recorded with the Plymouth County Registry of Deeds in BK 18155, PG 109
  • Interior Drawing
  • September 4, 2013 Department of Public Works Memo
  • September 24, 2013 Planning Board Recommendation
  • 2013 Aerial View
  • Unofficial Property Record Card
John Vincent spoke on behalf of the Petitioner, Mr. Costa.  Mr. Vincent outlined the Special Permit request and also stated that there have been some plumbing up grades whereby all copper piping was used and they installed hair traps.  

Public comment in favor:  Russell Canevazzi

Public comment in opposition:  None

The Chairman closed the public hearing.  

Mr. Main motioned to approve Special Permit for Case No. 3725 with conditions as recommended.  Mr. Peck seconded.  

Granted unanimously (5-0)

Public Hearing:         500 Colony Place Inc. – Case # 3724
                        500 Colony Place
Special Permit per Section 205-55 D (9) - subject to Environmental Design Conditions (Mixed Commerce for licensed franchise auto dealerships); a Special Permit per Section 205-57 H and Table AA – storage of more than 500 gallons of fuel/oil and parking of more than 200 vehicles subject to EDC or other relief; a Special Permit per Section 205-23 A (3) to modify parking if needed; a Special Permit per Section 205-21 A (2)(a) – buffer of less than 100 ft., if needed; and, a Special Permit to modify previous Colony Place ZBA Special Permit – Case #3182, if needed.

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:  
  • Notice of Public Hearing
  • Board of Appeals Decision Case No. 3182
  • Denial from Dept. of Inspectional Services – Deny Date July 24, 2013
  • ZBA Petition Application dated August 26, 2013
  • Quitclaim Deed – BK 38824, PG 161 – PG 165
  • September 24, 2013 Planning Board Recommendations
  • September 19, 2013 Department of Public Works Memo
  • June 12, 2013 North Plymouth Steering Committee Minutes  
  • September 23, 2013 Fire Department Comments
  • September 16, 2013 Design Review Board Comments
  • September 10, 2013 Narrative (Engineering Summary)
  • September 23, 2013 Letter from Colony Place Development, LLC to ZBA
  • September 23, 2013 Letter from Atlantic Design Engineers to Richard Bosse RE Response to Comments
  • Environmental Impact Statement dated August 13, 2013
  • Groundwater Monitoring Plan dated August 21, 2013
  • Trip Generation Comparison dated August 13, 2013
  • Stormwater Drainage Analysis dated August 15, 2013
  • Supplemental Stormwater Drainage Calculations dated September 18, 2013
  • Color Copy of Landscape Planting Plan dated August 21, 2013
  • 2013 Aerial View
  • Existing Dealership Parking Comparison List
  • 8 Sheet Site Plan dated August 19, 2013
  • Sheet 1 – Site Plan Cover Page
  • Sheet 2 – Existing Conditions Plan
  • Sheet 3 – Overall Site Layout Plan
  • Sheet 4 – Site Layout Plan
  • Sheet 5 – Grading and Utility Plan
  • Sheet 6 – Lighting Plan
  • Sheet 7 – Detail Plan
  • Sheet 8 – Detail Plan
  • 3 Pages of Landscaping Plans:
  • Landscape Planting Plan – Sheet L1 – dated 8/21/13
  • Planting Details – Sheet D1 – dated 8/21/13
  • Planting Notes – Sheet D2 – dated 8/21/13
  • 11x17 Color Photo of Mazda Dealership
  • Exterior Elevations Plan – A 5.1 – dated July 3, 2013
Atty. Robert Betters, representing the petitioner, stated that Richard Tabaczynski with Atlantic Design Engineers and Ben LaFrance with Hawk Design will be reviewing their plans.  Atty. Betters outlined the request for each Special Permit in this application.  He expressed that, to date, only Mazda has committed.  Atty. Betters then went in to the Town’s zoning history for this parcel.  He also re-capped the comments from the Town’s Boards and Committees and the comments from Colony Place in their letter dated September 23, 2013.  Additionally, he commented on the parking situation, past and present.  Atty. Betters closed by speaking about the monitoring wells that will be installed.  

Rich Tabaczynski with Atlantic Design Engineers presented several of the site plans and gave an explanation of the engineering aspects of the project.  He touched upon parking spaces and then reviewed entrance and access to the site.  He further discussed storm water calculations, storm water quality, catch basins for oil & grease, oil & water separators, ground water monitoring, and what the DEP recommendations are.  He also spoke about the water system and connections, the sewer system, and the recycling water system.  Mr. Tabaczynski closed by talking about the management plan and monitoring wells.  

Joe Laham, owner of the property, spoke about the project and discussed existing and proposed conditions.  

Ben LaFrance, Hawk Design, presented the proposed landscaping plan.  He also discussed the existing landscape, the types of tress and shrubs that are currently there, what would be removed and what would be planted.  

Atty. Betters returned with closing comments and discussed the Special Permit criteria.  

Public comment in favor:  None

Public comment in opposition:  None

Mr. Main made motion to continue to October 16, 2013 at 7:45 p.m. to receive letter from David Gould indicating his opinion in this case and if a peer review/independent study is necessary.  Mr. Conroy seconded.  All in favor to continue case 5-0.  

Other Business:         Approval of September 4, 2013 ZBA Meeting Minutes

Mr. Main motioned for the Board to approve the September 4, 2013 Meeting Minutes as presented.  Mr. Peck seconded.

Agreed in favor to approve - Mr. Conner; Mr. Peck; Mr. Main; Mr. Keohan; Mr. Conroy; and Mr. Leary.  Abstention – Mr. Simpson

Other Business:         Approval of September 11, 2013 ZBA Meeting Minutes

Mr. Main motioned for the Board to approve the September 11, 2013 Meeting Minutes as presented.  Mr. Peck seconded.

Agreed in favor to approve - Mr. Conner; Mr. Peck; Mr. Main; Mr. Keohan; Mr. Conroy; and Mr. Leary.  Abstention – Mr. Simpson

Mr. Main motioned to adjourn the meeting.  Mr. Peck seconded.  Agreed unanimously (6-0)

*On file with the Zoning Board of Appeals in project case files.

Respectfully Submitted

Tracey McCarthy
Administrative Secretary
Approved:  November 6, 2013