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Zoning Board of Appeals Minutes April 16, 2014
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:  David Peck, William Keohan, Edward Conroy, Michael Main, James Simpson, and Mike Leary

Members absent:  Peter Conner

Director of Inspectional Services:  Paul McAuliffe

Recording Secretary:  Tracey McCarthy

Mr. Peck called the meeting to order and explained the procedures for the evening.

Public Hearing:         Bertucci’s – Case # 3740
                        6 Plaza Way
                        Special Permit per Section 205-19 Table 205-19-2 (4) for height & size                                  
                        to install a 180 sq. ft 4 panel ground sign

Sitting:  Mr. Peck; 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 March 21, 2012
  • Corporate Quitclaim Deed recorded in BK 18659, PG 60-61
  • March 25, 2014 Planning Board Comments
  • March 3, 2014 ENG Comments
  • March 13, 2014 Fire Dept. Comments
  • Sign Plan dated October 21, 2013 and revised December 11, 2013
  • Overall Site As-Built Certification dated February 6, 2007
Heather Dudko, with Hazel Wood Hopkins, representing Applicant, outlined request for Special Permit.  She stated that the overall height of the sign is 26’ 3” – the sign is 180 sq. ft., it will have four (4) panels, and it will be non-internally illuminated.    

Public comment in favor:  None

Public comment in opposition:  None

The Vice Chairman closed public comment.

The Vice Chairman closed the public hearing.

Mr. Main motioned to approve Special Permit for Case No. 3740 with conditions as discussed.  Mr. Conroy seconded.  

Granted unanimously (5-0)

Public Hearing:         7 Russell Street, LLC – Case # 3741
                        7 Russell Street
                        Special Permit per Section 205-54, Paragraph C5 for greater than an                     
                        8 unit multi-family dwelling; Special Permit per Section 205-71,
                        Paragraph 8D for inclusionary housing; if required, Special Permit to
                        waive off street parking per Section 205-23, Paragraph A3; and a
                        Special Permit to waive setback requirements of Section 205-54 and
                        Table 5 in order to convert the former Registry of Deeds Building into a
                        3-story, 21 Condominium Unit Building                   

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

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 Signage Requirement & Photo
  • ZBA Petition Application
  • Dept. of Inspectional Services Denial dated March 6, 2014
  • March 7, 2014 Flaherty & Stefani case cover letter
  • Deed recorded with Plymouth County Registry of Deeds in BK 36647, PG 315-317
  • March 25, 2015 Planning Board Comments
  • March 21, 2014 ENG Dept. Comments
  • March 20, 2014 Fire Dept. Comments
  • March 19, 2014 MOU between Plymouth Office of Community Development and MEGRYCO, Inc
  • Massachusetts Historical Commission Form B
  • April 2, 2014 Application for Certificate issued by Historic District Commission
  • Unofficial Property Record Card
  • May 16, 2013 Hydrant Flow Test prepared by Amory Engineers, P.C.
  • March 3, 2014 Storm Water Analysis & Drainage Report prepared by Flaherty & Stefani
  • Figure 1, Figure 2, Figure 3, and Figure 4 – Site Photos
  • A1 – Main Floor/Roof Plan dated March 12, 2014 prepared by Jeffrey M. Metcalfe
  • A2 – West Elevation dated March 12, 2014 prepared by Jeffrey M. Metcalfe
  • Planting Plan – Sheet 1 – dated March 13, 2014
  • Planting Notes List & Details – Sheet 2 – dated March 13, 2014
  • Site Plan:
  • Sheet 1 – Existing Conditions
  • Sheet 2 – Site Plan
  • Sheet 3 – Grading & Utilities Plan
  • Sheet 4 – Erosion & Sedimentation Control Plan
  • Sheet 5 - Pre & Post Construction Watershed Plan
  • Sheet 6 – Detail Sheet
  • Sheet 7 – Detail Sheet
Atty. Robert Betters, representing Applicant, outlined requests for Special Permits.  He reviewed the current and proposed access, parking, setbacks, floor plan, and landscaping.  He briefly referred to the Planning Board recommendation regarding intent for this zone and stated that what is proposed with renovation and enhancement is consistent with items of intent.  Atty. Betters discussed improvements to the site and noted that the building is remaining as is with some minor exceptions.  He discussed that they will add an elevator to the back of the building and remove the handicap ramp in front can be removed.  He introduced balconies and patios that are being proposed.  He noted that the Applicant has obtained a Certificate of Appropriateness from the Historic District Commission for this project.  He then touched upon the affordable housing aspect.  Atty. Betters articulated current and proposed landscaping plans and also reviewed the slopes and landscaping of same.  Atty. Betters explained the Covenant and Restriction agreement that was recently submitted to the ZBA.  

Mr. Conroy asked if there was any existing litigation regarding landscaping to which Atty. Betters stated he believed this matter was settled; and, Rodney Schonland said it was resolved and not part of this presentation.  

Jon Henson, Landscape Architect, reviewed current landscaping plans.  He discussed the existing and proposed plantings and their locations; the foundation plantings around the building; and plantings along the carport.  He discussed types and varieties of plantings that will be used on the property.  He summarized existing and proposed planting conditions and changes to plantings based on abutters’ requests.  

Mark Flaherty, Flaherty & Stefani, described area surroundings of building.  He articulated the existing and proposed entry drive and that the Fire Dept. was satisfied with this application.  Mr. Flaherty reviewed the current and proposed on-site parking.  He reviewed the existing and proposed retaining wall.  He closed by reviewing the Planning Board recommendations and conditions.  

Rick Vayo, Applicant, stated that this will be a gated parking lot and will have assigned parking.  He also discussed the retaining wall design.  He stated the proposed outside storage in carport is an attempt to reduce clutter on the property.  

Public comment in favor:  Nick Filla, 1 Sever Street; Rodney Schonland, 9 Sever Street; Lee Delbos, 13 Seaver Street; Mary Lou Rossano-Collier, 8 Clyfton Street; David Rossano-Collier, 8 Clyfton Street; and Keith Whitaker, Sever Street.  

Public comment in opposition:  None

Mark Flaherty addressed lighting issue raised during public comment and stated they will comply with dark-sky provision and that the final details will be shown on the final plan.  

The Vice Chairman closed public comment.

The Vice Chairman closed the public hearing.

Mr. Main motioned to approve Special Permit for Case No. 3741 with condition as discussed.    Mr. Leary seconded.  

Granted unanimously (5-0)

Public Hearing:         Karen Price – Case # 3742
                        15 Richards Road
                        Special Permit per Section 205-51, Paragraph C5 to open a canine        
                        daycare facility.  

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

Mr. Keohan, the Clerk, read the legal advertisement into the record and also read the April 11, 2014 letter from Karen Price in to 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 March 6, 2014
  • Deed recorded with Plymouth County Registry of Deeds in BK 12736, PG 76-78
  • March 27, 2014 ENG Comments
  • Unofficial Property Record Card
  • Internal layout of property – original
  • Internal layout of property – proposed
  • Proposed alterations to property
  • Aerial view of property
  • Plan dated March 15, 2014 and prepared by Flaherty & Stefani
  • Info packet from Karen Price
  • April 11, 2014 letter from Karen Price
Mr. Main motioned to Withdraw Without Prejudice the Special Permit for Case No. 3742.  Mr. Keohan seconded.  

Granted unanimously (5-0)

Approval of March 19, 2014 ZBA Meeting Minutes

Mr. Main motioned for the Board to approve the March 19, 2014 Meeting Minutes as presented.  Mr. Simpson seconded.

Agreed unanimously (6-0)

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

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

Respectfully Submitted
Tracey McCarthy
Administrative Secretary

Approved:  May 7, 2014