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Zoning Board of Appeals Minutes December 4, 2013
Zoning Board of Appeals
Minutes
December 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, Mike Leary, and James Simpson

Director of Inspectional Services:  Paul McAuliffe

Recording Secretary:  Tracey McCarthy

Mr. Peck, Vice-Chairman, called the meeting to order and explained the procedures for the evening.

Public Hearing:         High Rock Cranberry Crescent – Case # 2946
                        Carver Road & Plympton Road
                        Condition No. 20 – Review of Site Plans, Landscaping Plans, Lighting
                        Plans, Architectural and Signage Plans

Sitting:  Mr. Conner; Mr. Leary; Mr. Main; Mr. Conroy; and Mr. Peck

The Board received the following documentation* for review of this case:  
  • October 10, 2013 Letter from TEC
  • Site Plans: (All Dated 10/10/2013)
  • C-1     Title & Index Sheet
  • C-2     Legend & General Notes
  • C-3     Overall Site Layout Plan
  • C-4     Overall Site Grading & Drainage Plan
  • C-5     Overall Site Utility Plan
  • C-6     Erosion & Sedimentation Control Plan
  • C-7     Lot 1 – Layout & Materials Plan
  • C-8     Lot 1 – Grading & Drainage Plan
  • C-9     Lot 1 – Utility Plan
  • C-10    Lot 2 – Layout & Materials Plan
  • C-11    Lot 2 – Grading & Drainage Plan
  • C-12    Lot 2 – Utility Plan
  • C-13    Lot 4 – Layout & Materials Plan
  • C-14    Lot 4 – Grading & Drainage Plan
  • C-15    Lot 4 – Utility Plan
  • C-16    Lot 5 – Layout & Materials Plan
  • C-17    Lot 5 – Grading & Drainage Plan
  • C-18    Lot 5 – Utility Plan
  • C-19    Sewer Plan & Profile 1
  • C-20    Sewer Plan & Profile 2
  • C-21    Sewer Plan & Profile 3
  • C-22    Sewer Plan & Profile 4
  • C-23    Sewer Plan & Profile 5
  • C-24    Sewer Plan & Profile 6
  • C-25    General Site Construction Details
  • C-26    General Site Construction Details
  • C-27    General Site Construction Details
  • C-28    General Site Construction Details
  • C-29    General Site Construction Details
  • C-30    General Site Construction Details
  • C-31    General Site Construction Details
  • L1 – L5 Landscaping Plan dated 10/10/2013 (R. Jon Henson Landscape Architects)
  • 1 – ANR Plan dated 12/13/2012
  • LI-1 Lighting Plan dated 10/10/2013
  • LI-2 Lighting Plan Details & Schedules dated 10/10/2013
  • Page 1 – Page 27 – Architecturals & Signage Package (All Dated 10/10/2013)
  • Page 1 – Site Plan
  • Page 2 – Sign Wall at Intersections
  • Page 3 – Pylon
  • Page 4 – Building 1
  • Page 5 – Building 1A
  • Page 6 – Building 1A – Signage
  • Page 7 – Building 1 (B,C,D)
  • Page 8 – Building 1 (B,C,D) – Signage
  • Page 9 – Building 2
  • Page 10 – Building 2
  • Page 11 – Building 2 – Signage
  • Page 12 – Building 3
  • Page 13 – Building 3 – Signage
  • Page 14 – Building 4
  • Page 15 – Building 4 – Signage
  • Page 16 – Building 5
  • Page 17 – Building 5 – Signage
  • Page 18 – Building 6
  • Page 19 – Building 6 – Signage
  • Page 20 – Building 7
  • Page 21 – Building 7 – Signage
  • Page 22 – Building 8
  • Page 23 – Building 8 – Signage
  • Page 24 – Building 9
  • Page 25 – Building 9 – Signage
  • Page 26 – Light Fixtures
  • Page 27 – Light Fixtures
  • Drainage Calculations
  • November 21, 2013 Comments from Engineering
  • November 18, 2013 Letter from Beals & Thomas RE: Review of final plans
  • November 15, 2013 Letter from Withington & Betters RE: Outlining uses for site
  • Decision for Case #2946
  • May 17, 2000 Letter from ZBA to Commerce Park LLC
  • January 4, 2000 Memorandum of Understanding RE: Condition # 15
  • January 4, 2000 Memorandum of Understanding between Commerce Park LLC & The West Plymouth Steering Committee
  • January 15, 2013 Memorandum of Understanding between Town of Plymouth & High Rock Cranberry Crescent, LLC
  • April 25, 2013 Letter from Town of Plymouth to High Rock Cranberry Crescent, LLC
  • June 25, 2013 Letter from Town of Plymouth to High Rock Cranberry Crescent, LLC
  • July 29, 2013 Letter from Withington & Betters to ZBA
  • Design Review Board November 20, 2013 Meeting Minutes
  • October 15, 2013 Email from Bob Betters RE: West Plymouth Steering Committee
  • June 27, 2013 West Plymouth Steering Committee Comments
  • November 26, 2013 Memo from Planning Department
  • November 27, 2013 Letter from Abutter, Wynn Gerhard
  • December 4, 2013 – Plympton Road Landscaping Plan – Received at 12/4/2013 ZBA Mtg.
Attorney Betters, representing Applicant, provided a recap of this project from inception to present.  He further discussed the approved Decision and Conditions – more specifically Condition No. 20 and what would be needed to satisfy same.  Atty. Betters closed by addressing some landscaping issues and what mitigation the applicant would be willing to do to address the issues.   

Jon Henson, Landscape Architect, presented and outlined the development project from a landscaping perspective.  He presented the Plympton Road existing and proposed landscaping and open space plans.  Mr. Henson noted an area of concern on Plympton Road regarding grading and vegetation.  He stated that it would be a 10 to 15 year timeline for planting impact.  Mr. Henson then outlined the proposed Carver Road landscaping and what existing vegetation will be retained.  Mr. Henson stated that the applicant has agreed to address the embankment by restoring natural vegetation to Carver Road slope area.  Mr. Henson closed by presenting Jamie’s Path vegetation and screening.  

Kevin Dandrade, Principal of TEC, presented slopes and grades to allow for level platform.  He expanded upon berms, buffers, and frontage - then spoke about enhancements as a result of drainage issue.  Mr. Dandrade closed by conversing about sidewalks and locations.  

Eric Brown, PCA Architects, presented the Architecturals & Signage Package as submitted with the application; and, further described the style and make of each of the 9 buildings.  He then noted each building and what would occupy or potentially occupy each.  He closed by talking about the dumpster and screening.  

Public comment in favor:  None

Public comment in opposition:  Russell Appleyard, Chairman of West Plymouth Steering Committee.  George Rowe, West Plymouth Steering Committee.  Beth Zacchini, 16 Jamie’s Path.  Nancy Miller, 20 Jamie’s Path.  

Jon Henson addressed Jamie’s Path issue regarding visual gaps and vegetation and what will be retained and what is proposed to enhance the buffer.  

The Vice Chairman closed public comment.

The Vice Chairman closed the public hearing.

Mr. Main made motion to partially satisfy Condition No. 20 with the exception of Condition No. 20(a) and Condition No. 20(g) for Case No. 2946.  Mr. Leary seconded.  

Unanimously partially satisfied (5-0)

Public Hearing:         Joshua M. Bows – Case # 3727
                        7 Park Avenue
                        Special Permit per Section 205-43, Paragraph D2, subject to EDC & Table 5 to create a 15,000 sq. ft. lot AND a Special Permit per Section       205-17, Paragraph E3B to waive accessway requirements.

Mr. Keohan, the Clerk, read the legal advertisement into the record.

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

The Board received the following documentation* for review of this case:  
  • Notice of Public Hearing
  • October 22, 2013 Letter from Applicant
  • ZBA Petition Application
  • Dept. of Inspectional Services Denial – dated 10/17/2013
  • Copy of Deed – BK 43550, PG 320
  • Distribution Memo dated October 24, 2013
  • November 21, 2013 Response from Engineering
  • Environmental Impact Statement
  • Unofficial Property Card
  • Locus Map & Site Photographs
  • Site Pictures (3 pages)
  • October 22, 2013 Special Permit Site Plan
  • October 29, 2013 Response from Fire Dept.
  • November 26, 2013 Comments from Planning Board
Joshua Bows outlined his Special Permit request and presented an overview of the project.  

Public comment in favor:  None

Public comment in opposition:  Anthony Mayo resident off Park Avenue.

The Vice Chairman closed public comment.  

The Vice Chairman closed the public hearing.   

Mr. Main motioned to approve Special Permit for Case No. 3727 with the addition of 1 condition.  Mr.Conner seconded.  

Granted unanimously (5-0)

Informal Hearing:       Jeannine Anderson Realty Trust & P.A. Landers, Inc. – Case #3515
                        143 Hedges Pond Road
                        Condition #8(a) – Extension of excavation period

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

The Board received the following documentation* for review of this case:  
  • November 26, 2013 Letter from Atty. Angley
  • Case No. 3515 Decision
  • Engineering Report from G.A.F. Engineering, Inc.
  • Phase II Slope Stabilization picture
  • Phase III Face Adjacent to Phase II picture
  • Phase III Face of Excavation picture
  • Phase III & Phase IV picture
  • Phasing Stabilization picture
  • December 2, 2013 memo from Paul McAuliffe, Director of Inspectional Services
Atty. Edward Angley, representing Applicant, stated the project is substantially compliant and he referred to Paul McAuliffe’s memo dated December 2, 2013 stating that is in compliance.  Atty. Angley stated that it will take a couple more years before completion and that they’ve just about completed Phase 3 and are moving in to Phase 4.  He closed by stating the project operates on a continual basis.  

Mr. Landers of P.A. Landers briefly spoke about timing of project and also stated that they are Ocean Spray growers.  

The Vice-Chairman closed the informal hearing.

Mr. Main motioned to approve extension of Special Permit for Case No. 3515 for one year to December 4, 2014; and, no more than 40 trucks per day.  Mr. Keohan seconded.  

Granted unanimously (5-0)

Informal Hearing:       Peter & Elise DeCola – Case # 3721
                        10 Samoset Street
                        Condition #1b – Review of 10 year rain garden design

Sitting:  Mr. Peck; Mr. Keohan; Mr. Main; Mr. Simpson; and Mr. Leary

The Board received the following documentation* for review of this case:  
  • Excerpts from September 4, 2013 ZBA meeting
  • Memo from Peter & Elise DeCola
  • Case No. 3721 Decision
  • Sketch of 10-year rain garden design
  • Plant List for Rain Garden
  • CV of Elizabeth Stearns Marks
  • Plan to Accompany Zoning Application dated July 8, 2013; Revised October 7, 2013; and Revised November 20, 2013
Peter DeCola outlined the rain garden proposition and mitigating impacts.  

The Vice Chairman closed the informal hearing.

Mr. Conner motioned to approve the rain garden design as presented for Case No. 3721 hereby satisfying Condition #1b.  Mr. Main seconded.  

Granted unanimously (5-0)

Other Business:         Approval of November 6, 2013 ZBA Meeting Minutes

Mr. Conner motioned for the Board to approve the November 6, 2013 Meeting Minutes as presented.  Mr. Main seconded.

Agreed unanimously (7-0)

Other Business:         Signage

Mr. Peck doesn’t think we should put in Bylaw how big the sign should be; however, the signage requirement as a whole should be in the ZBA Procedural Rules and Regulations.  

Mr. Main made motion to incorporate the Signage in the ZBA Procedural Rules and Regulations with an effective date for any filings after January 1, 2014; and, also incorporate with the Required Information For All ZBA Petitions.  Additionally, that the Signage requirement be placed on the Town Warrant for amendment to the Zoning Bylaw.  Agreed unanimously (7-0)

Mr. Conroy motioned to adjourn the meeting.  Mr. Keohan seconded.  Agreed unanimously (7-0)   

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

Respectfully Submitted
Tracey McCarthy
Administrative Secretary

Approved:  January 15, 2014