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Zoning Board of Appeals Minutes December 18, 2013
Zoning Board of Appeals
Minutes
December 18, 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, James Simpson, and Mike Leary

Members absent:  David Peck  

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:         A.D.M. Cranberry Co., LLC. – Case # 3728
                        Off Federal Road, Carver, MA
                        Special Permit per Section 205-18 F1A & B4 and Section 205-40, Paragraph D1
                        to remove gravel in excess of 10 cubic yards, subject to EDC to construct
                        cranberry beds & attendant facilities.

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
  • November 1, 2013 Letter from GAF Engineering
  • ZBA Petition Application
  • Dept. of Inspectional Services denial dated July 17, 2013
  • Environmental Impact Statement
  • Narrative to Accompany Environmental Impact Statement
  • Deed recorded with the Plymouth County Registry of Deeds in BK 1418
  • Deed recorded with the Plymouth County Registry of Deeds in BK 5189
  • Figure 1 Locus Map
  • Figure 2 Truck Route
  • Figure 3 Aquifer Protection Map Overlay
  • Figure 4 Phasing Plan
  • Plan dated October 21, 2013 – 9 Sheets:
  • Sheet No. 1 – Title Sheet
  • Sheet No. 2 – Project Overview
  • Sheet No. 3 – By-Pass Canal
  • Sheet No. 4 – Block No. 1 Sections 1-5
  • Sheet No. 5 – Block No. 2 & 3 Sections 6-15
  • Sheet No. 6 – Block No. 4 Sections 16-18
  • Sheet No. 7 – Cross-Section A-A
  • Sheet No. 8 – Cross-Section B-B
  • Sheet No. 9 – Notes, Legend & Details
  • November 20, 2013 Comments from Fire Dept.
  • November 26, 2013 Comments from Engineering
  • December 2, 2013 Engineering Review from McKenzie Engineering Group, Inc.
  • WPA Form 5 – Order of Conditions dated November 20, 2013
  • WPA Form 2 – Determination of Applicability dated November 13, 2013
  • December 6, 2013 GAF Engineering Response RE Peer Review
  • December 10, 2013 Planning Board Comments
  • Locus Map
  • G.A.F. Engineering Proposed Cranberry Bog Development Plan – Phasing Plan
Bill Madden with G.A.F. Engineering representing the Petitioner outlined the request for a Special Permit and presented the locus plan and all the towns the property encompasses.  Mr. Madden stated the intention of the company is to create 136 acres of bogs, move less productive acreage and create a better system, and develop cranberry bog sections to be more productive.  He then explained the development of the project.  Mr. Madden stated that they went through the MEPA process and received a certificate.  Mr. Madden then presented the phasing plan.  He further explained that they will be constructing 50’ wide dike roads and drainage canals on each side.  He then summarized each phase.  Mr. Madden stated that the project is consistent with land use in the area and that any top soil taken will be re-used for slope stabilization and each area where there are steep slopes; they will be hydro-seeded.  He noted that there are no receptors within 500 feet of this project and that the nearest home is about a mile away on Carver Road. Mr. Madden closed by stating in order to accomplish the plans and timelines as presented, 10 to 20 years, the Petitioner is asking for in excess of 40 trips and have more open land than a 5 acre maximum.  

Board members, Mr. Madden, and George Rogers, VP with A.D.M. Cranberry Co., LLC. debated about the blending facility, truck trips per day, and truck route - more specifically what trips will be affecting the Plymouth roads.  

George Rogers, VP with A.D.M. Cranberry Co., LLC, explained that the old bogs will be taken out of service and they will go back to their natural state. Mr. Rogers also outlined the truck trips per day, 100 internal and 100 external.  He stated some of the material will be sold to derive income to pay for the cranberry bog construction.  Mr. Rogers summarized that of the 100 loads leaving the site, he estimates that 80 or 90 % are going to go thru Wareham while the remaining trips will be going thru Carver and Plymouth.  

Public comment in favor:  None

Public comment in opposition:  None

Mr. Main motioned to continue hearing regarding Special Permit for Case No. 3728 in order to review information received tonight, to obtain a traffic study, and to obtain something from the Town of Carver stating they are aware of the 100 trucks per day coming in to the plant.  Mr. Keohan seconded and motioned to move the continuance to Wednesday, February 19, 2014 at 8:00 p.m.  

Continuance Granted unanimously (5-0)

Public Hearing:         Daniel Gargiulo & Alicia Hill - Case # 3729  
                        30 Fresh Pond Circle
                        SP per Section 205-42 and Table 5 to waive side and rear setbacks in order to
                        erect a wood shop.

The Board received the following documentation* for review of this case:  
  • Notice of Public Hearing
  • ZBA Petition Application
  • Dept. of Inspectional Services Denial dated April 9, 2013
  • Deed recorded with Plymouth County Registry of Deeds in BK 33840, PG 75
  • November 26, 2013 Response from Planning Board
  • November 26, 2013 Response from Engineering
  • November 20, 2013 Response from Fire Dept.
  • Aerial View of Property
  • Plan to Accompany Petition dated October 4, 2013
Applicant or representative for applicant did not appear.  

Mr. Main made motion to continue to Wednesday, February 19, 2014 at 8:15 p.m.  Mr. Keohan seconded.  

Other Business:         McDeRealty, LLC - Case # 3667
        2240 State Road
        Requirements for buffering and screening

Sitting:  Mr. Conner; Mr. Keohan; Mr. Main; and Mr. Leary

The Board received the following documentation* for review of this case:
  • December 10, 2013 Email from Paul McAuliffe
  • December 10, 2013 Memo from Paul McAuliffe
  • ZBA Decision – Case No. 3667
  • December 14, 2013 Email from Stephen Brown
The Chairman expressed that this case is before the Board tonight because of concerns from neighbors and an inspection regarding the buffering.

Mr. Keohan, the Clerk, read the December 14, 2013 email from Stephen Brown into the record.  

Mark Flaherty, Flaherty & Stefani, referred to the landscaping plan that outlined buffering and plantings and supplemental pieces that were going to take place.  Mr. Flaherty captured page 2 of 7 of the planting plan – which is an as built plan that overlaid the plan that was approved.  Mr. Flaherty stated that the trees with the flags are staying.  He further stated that everything that was approved is where it is supposed to be.  Mr. Flaherty then went in to detail about the buffer zone.  He then stated that Duxbury Gardeners was the landscaper that was hired to do the landscaping.  Mr. Flaherty believes that the contractor did a very good job of leaving trees that were supposed to remain and that no trees inside the buffer were taken down.  He summarized by stating the contractor followed the plan and the small area he encroached has little affect on underlying brush that was cut back.  Mr. Flaherty then presented 4 current photos of the site and buffer zone.  He showed that the trees are in place and also showed some of underlying brush that was disturbed and finally showed that there were no trees taken out.  Mark Flaherty stated that he is certifying that plans are correct.  

Greg Melkonian, General Contractor, briefly spoke about the lights that were referred to in the email that was read in to the record.  He stated that they are approved lights and they have been left on to provide safety to the site.  He expressed that the screening is seasonal and that is part of the problem.  He stated he will rectify the lighting issue by turning them off at night and further expressed that the lights being used were approved by the Board.  He further noted that the project is not finished.  

Mr. Main stated that screening is the problem, to which Atty. Edward Angley said it will be addressed.  

Paul McAuliffe, Director of Inspectional Services, said the project was stopped because of Bylaw about tree hearing process.  

Atty. Angley expressed he will follow up with the tree warden regarding a tree hearing.  

Glenn Justice an abutter who lives on the corner of Old County Road stated he was under the impression there would be a 35 to 45 foot buffer.  He then stated that part of the buffer was destroyed to get tree cutting trucks on the property.  He noted that his issue is to not have to look at a building and have buffer re-planted.  He then explained that he was told by the tree warden that the hearing was to be on December 7, 2013; however, that the hearing never took place at the Cedarville Fire Station.  

Mr. Conroy motioned to adjourn.  Mr. Conner seconded.  Agreed unanimously (6-0)

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

Respectfully Submitted
Tracey McCarthy
Administrative Secretary

Approved:  January 15, 2014