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Zoning Board of Appeals Minutes October 16, 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, and Mike 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:         Balboni Development Corp. – Case # 3726
                        135 Camelot Drive
                        Special Permit to sell sand/salt mix product seasonally (Oct-Mar)

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

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
  • ZBA Petition Application
  • Dept. of Inspectional Services Denial – Dated September 5, 2013
  • Commercial & Industrial Zoning Application
  • Copy of Plymouth Code 205-57
  • Quitclaim Deed recorded on December 29, 2006 with the Plymouth County Registry of Deeds in BK 33904, PG 330-331
  • September 17, 2013 Fire Department Response
  • September 30, 2013 Engineering Department Response
  • October 1, 2013 Planning Board Comments
  • Note from Applicant
  • Drawing of proposed storage unit
  • Aerial View of Camelot Industrial Park
  • Map outline of property
  • Aerial View depicting proposed location of storage shed
  • Aquifer Protection Map – October 2012
  • Pictures of Town Salt Shed from Petitioner Location of Property
  • Pictures of Storage at Petitioner Property
Debra Balboni, Petitioner, outlined request for Special Permit.  She further described unit that contents would be stored in and how it would be constructed.  

Public comment in favor:  None

Public comment in opposition:  None

The Chairman closed public comment.

The Chairman closed the public hearing.

Mr. Main motioned to approve Special Permit for Case No. 3726 with conditions as written.    Mr. Peck seconded.  

Granted unanimously (5-0)

Public Hearing:         500 Colony Place Inc. – Case # 3724 (Continued from 10/2/2013)
                        500 Colony Place
                        Convert the old Sam’s Club to 3 car dealerships

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

The Board received the following documentation* for review of this case:  
  • October 7, 2013 Comments David Gould, Director of Marine & Environmental Affairs
  • October 7, 2013 Email from Lee Hartmann
Atty. Robert Betters, representing the petitioner, referred to David Gould’s October 7, 2013 memo and Mr. Hartmann’s October 7, 2013 email.  He also touched upon the Planning Board recommendations.  Atty. Betters closed stating that he believes the recent documents address the issues that the Board had raised at the prior meeting.  

Rich Tabazynski, Atlantic Design, stated that this property is the farthest point from the No. Plymouth well, beyond this you are in Kingston.  

Public comment in favor:  None

Public comment in opposition: None

The Chairman closed public comment.  

The Chairman closed the public hearing.   

Mr. Main motioned to approve Special Permit for Case No. 3724 with conditions as amended and noting that conditions under Case No. 3182 still apply.  Mr. Peck seconded.  

Granted (4-1).  Mr. Keohan in opposition.   

Informal Business:       The Boys & Girls Club of Plymouth – Case # 3104
        Review of plans as defined in Condition # 1 of the Decision / Advisory Report RE: Architecture, Landscaping, &          Plantings for Rear Addition

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

The Board received the following documentation* for review of this case:
  • October 1, 2013 Memo from Valerie Massard
  • September 27, 2013 Memo from Valerie Massard
  • ZBA Case No. 3104 Decision
  • September 23, 2013 Commercial and Industrial Zoning Application
  • May 29, 2013 Certification from Town Clerk that no appeal was filed
  • September 6, 2013 Storm Water Management documents (18 Pages)
  • September 9, 2013 Site Permitting Plans (8 Pages including cover)
  • 2013 Aerial View
  • October 9, 2013 Design Review Board comments
Bill Shaw, representing Petitioner, gave re-cap of project and phases related to the proposed addition.  He also stated that the property is beyond the 100’ buffer of a wetland; therefore, does not need Conservation Commission approval.  

John Henson discussed landscaping plans.  

Bill Fornaciari discussed site permitting plans.  

Mr. Peck motioned that Condition # 1 of Case No. 3104 has been satisfied.  Mr. Main seconded.  Agreed unanimously (5-0)

Informal Business:       Atlantic Properties (Henry Stout) – Case # 3709  
         Review of Landscaping Plans

Sitting:  Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Leary

The Board received the following documentation* for review of this case:
  • ZBA Case #3709 Decision
  • April 1, 2013 Planting Plan
  • October 8, 2013 Memo from Atlantic Properties
  • October 5, 2013 Landscaping Plan
Mr. Stout with Atlantic Properties gave re-cap of project and reviewed his landscaping plan and the history of how the October 5, 2013 plan developed.  He expressed that it’s a simple re-design.  He also discussed current parking and future parking should the need arise.  

Mr. Main made motion to approve the proposed substitute landscaping plan for Case No. 3709 and accept the new plan dated October 5, 2013.  Mr. Peck seconded.  Agreed unanimously (4-0)

Other Business:         Approval of September 18, 2013 ZBA Meeting Minutes

Mr. Keohan motioned for the Board to approve the September 18, 2013 Meeting Minutes as presented.  Mr. Main seconded.

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

Other Business:         Approval of September 25, 2013 ZBA Meeting Minutes

Mr. Keohan motioned for the Board to approve the September 25, 2013 Meeting Minutes as presented.  Mr. Main seconded.

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

Mr. Conroy motioned to adjourn the meeting.  Mr. Main 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