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Zoning Board of Appeals Minutes May 7, 2014
Zoning Board of Appeals
Minutes
May 7, 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:  Peter Conner, David Peck, Michael Main, William Keohan, Edward Conroy, James Simpson, and Mike Leary

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:         Southern Dunes (Copper Cove Village) – Case # 3733
                        (Continued from February 12, 2014)
                        216 Water Street
                        4 Special Permits and 1 Modification of a Special Permit
                        (Project is to construct 42 Residential Dwelling Units)
                        
Sitting:  Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy

The Board received the following documentation* for review of this case:  
  • April 30, 2014 letter from Atty. Betters
William Keohan, Clerk, read the April 30, 2014 letter in to the record that requested a withdrawal of the Special Permit.   

The Chairman closed the public hearing.

Mr. Main motioned to Withdraw Without Prejudice the Special Permit for Case No. 3733.  Mr. Peck seconded.  

Granted unanimously (5-0)

Public Hearing:         Indianhead Realty, Inc. – Case # 3734
                        (Continued from February 12, 2014 & March 5, 2014)
                        1929 State Road
                        2 Special Permits in order to construct a maintenance barn,
                        recreational/athletic fields & supporting equipment shed to
                        enhance existing recreational campground activities.  

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

The Board received the following documentation* for review of this case:  
  • Case No. 3647 Withdrawal
  • ZBA Petition Application
  • Dept of Inspectional Services denial dated 10/8/2013
  • Deed recorded in BK 11202, PG 87
  • Environmental Impact Statement
  • Grant of Easement recorded in BK 13201, PG 185
  • Planning Board comments dated February 11, 2014
  • Beals & Thomas comments dated January 6, 2014
  • January 13, 2014 Churchill Eng. response to Beals & Thomas comments
  • Beals & Thomas supplemental review dated February 11, 2014
  • Engineering comments dated January 7, 2014
  • January 13, 2014 Churchill Eng response to Engineering comments
  • Fire Dept comments dated December 16, 2013
  • Email from Greg Kane dated January 15, 2014
  • Turning Radii for Gravel Trucks
  • Email dated February 3, 2014 from Rick Churchill RE Turning Radius
  • Truck Turning Movements dated 1/21/2014
  • Email from Greg Kane dated February 10, 2014
  • Memo from Cedarville Steering Committee dated January 9, 2014
  • December 3, 2013 letter from Pamela Churchill
  • Email from Roger Janson dated January 1, 2014
  • Email from Susan Scott dated December 31, 2013
  • Letter from Marion Crocker dated December 30, 2013
  • Letter from Friends of Ellisville Marsh dated January 3, 2014
  • Letter from Ellen Russell & Peter Foley dated December 29, 2013
  • Letter from Peter Schwartzman dated January 6, 2014
  • Email from Tom Schwartzman dated January 6, 2014
  • Email from Roberta Ellis Martino dated January 6, 2014
  • Email from Paul Martino dated January 6, 2014
  • Letter from Sue & Joe Lussier dated January 1, 2014
  • Letter from James & Susan Hamilton dated January 8, 2014
  • Email from Peter Hayes dated January 9, 2014
  • Letter from Gwen Alexander dated January 8, 2013 (Should be 2014)
  • Letter from Justin Alexander dated January 8, 2014
  • Email from Anne Marie Hayes dated January 9, 2014
  • Letter from common drive owners dated January 8, 2014
  • Letter from Don Quinn dated January 8, 2014
  • Letter from Doreen Klucevsek dated January 10, 2014
  • Letter from Leah Davis dated January 10, 2014
  • Letter from David Steinberg dated January 11, 2014
  • Letter from Sr. Ana Clara dated January 20, 2014
  • Petition against Indianhead Realty, Inc. received February 6, 2014
  • Email from Bob Goldthwaite dated February 9, 2014
  • Letter from Martin & Sheila Kashar dated February 9, 2012
  • Letter from Daniel & Maureen McGrath dated February 8, 2012
  • Letter from Robert & Cynthia Flynn dated February 7, 2012
  • Letter from Don & Christine McIver dated February 7, 2012
  • Letter from Brian Williams dated February 5, 2012
  • Letter from Eric Smith dated February 2, 2012
  • Letter from Rosemary & Paul Smith received February 11, 2014
  • Letter from Paula Marcoux dated February 11, 2014
  • Email from Eugenia Boutchia dated February 25, 2014
  • Email from Paul Martino dated February 27, 2014
  • Letter from Paul & Rosemary Smith received at 3/5/2014 hearing
  • Letter from Don Quinn dated April 28, 2014
  • Letter from Don Quinn dated March 5, 2014 RE Cedarville Village Traffic Impact
  • 11x17 Profile State Road prepared by Churchill Engineering
  • Site Photographs – Figure 1
  • Letter from DEP dated March 19, 2014
  • Memo in Opposition to Petition of Indianhead Realty, Inc.
  • Bayside Engineering Peer Review dated March 3, 2014
  • Cross-Spectrum Acoustic Excavation Noise Assessment dated February 6, 2014
  • Petition in Favor (Stamped Recvd 4/29/2014)
  • Existing Conditions Plan last revised on 1/21/2014
  • Proposed Recreational Facility dated April 22 2014
  • Phase I & II Construction Sequencing dated April 22, 2014
  • Phase III Construction dated April 22, 2014
  • Detail Sheet dated April 22, 2014
  • Sight Distance Measurement State Road Profile dated April 14, 2014
  • Truck Turning Movements dated January 21, 2014
  • April 29, 2014 Letter from Danehey & Osterberg
  • Special Permit #579
  • Findings of Material Facts Plymouth Superior Court
  • ZBA Decision 1634
  • January 18, 1964 Plan
  • 1977 Aerial Topo Map
  • Corrective Plan February 21, 1985
  • Deed recorded in BK 6602, PG 009
  • Grant of Easement recorded in BK 6731, Page 138
  • Pictures of other campground sites
  • April 24, 2014 Slope Stability report from Michael Oakland
  • April 24, 2014 Fugitive Dust report from Michael Oakland
  • James Engineering report RE: noise
  • James Engineering report RE: revision of plans
  • A Strategic Action Plan for the Town of Plymouth dated October 2004
  • Town of Plymouth Master Plan (2004-2024)
  • Cedarville Village Center Master Plan Update dated June 15, 2009
  • Town of Plymouth Open Space and Recreation Plan
  • Accidents near 1929 State Road
  • Mass DOT records since 2005
  • Cedarville Traffic Study dated April 2005
  • February 8, 2012 Letter from Board of Health
  • ACEC Mass GIS map
  • Designation of Ellisville Harbor from Commonwealth of Mass dated 1/16/1980
  • 301 CMR 11:00 MEPA Regulations
  • Baseline Survey of Modified Eutrophication
  • 2012 Water & Sediment Quality Survey of Savery Pond
  • Sanitary Survey Report of Ellisville Harbor dated March 3, 1994
  • Summary of Water Quality Monitoring Program DEP# 2003-04/604
  • MA Division of Marine Fisheries – Produced 7/1/2013
  • May 1, 2014 Memo from Lee Hartmann
  • May 3, 2014 Email from Ted Curtin
Attorney John Danehey, representing Applicant, stated for the record that this case would be recorded due to potential litigation issues.  He summarized the request for special permits.  He outlined the sections in the bylaw pertinent to the request for special permits and requested the Board specifically take notice to sections 205-40B and 205-40D.    

Mr. Main articulated that there were three things before the Board that are pertinent to bylaw and that’s what we are here for.  Mr. Main referred to April 9, 2014 letter.  Mr. Main noted that the   Master Plan, Open Space and Recreational Plan should not be referenced in this hearing because it’s not pertinent to the bylaw.  

Atty. Danehey explained the history of the property.  He reviewed the Special Permit from 1982 and the existing conditions plan, and topography of the site, which consists of a 40 acre, 200 campsite campground.  He explained the purpose of an existing easement.  He discussed access and the 18 abutters to the site.  He noted the Natural Features.  He presented the recreational area plan, the 1977 aerial topo map, corrective plan dated February 21, 1985, and Deed recorded in BK 6602, PG 009.  He explained how the road has been in existence since 1964.  He concluded by noting the pathway to Ellisville Harbor and access to Old Sandwich Road are being proposed.  

Mr. Churchill also referred to proposed recreational facility plan of land and discussed why he has to remove gravel from proposed location.  He discussed elevations and the existing hill conditions.  He stated that profits from the excavation will benefit 50 campsites and that he is planning on investing $300,000 in campground improvements.  He stated he would like to make upgrades to the office and market because they were originally constructed in the 1960’s.  He stated he would also like to have a guard house to control the in-flow and out-flow of traffic.  In addition, he would like to rehab and increase the number of comfort stations/bathhouses because they were built in 1970 and they need updating.  He estimated overall improvement to the campground would be approximately $600,000.  

Atty. Danehey discussed the proposed walking path which will consist of a gravel foot path from the bottom of access road through the parking area, around the ball field, slightly over an incline then over old bog road and then a crosswalk in to Ellisville Harbor State Park.  He noted the incline is starting at 40’ then goes up to 45’ and then back to 40’.  He continued by discussing present conditions of access to Ellisville Harbor.  He noted that the proposed new fields would be ADA compliant.  

Gary James, James Engineering, discussed maximum allowable grades.  He discussed elevation of the ball field and noted that it will be constructed in accordance with what is allowed.  He illustrated that when you look at the ball field and grades, it will work well with the current grade and roadways.  He then discussed grade of the proposed path.  He noted that a backstop fence is being proposed and the ball field will be equivalent to 300’ high school dimensions.  He noted there will be a maximum elevation of 98’ and the 155’ buffer from the street will remain.  He addressed drainage and storm water runoff.  He also stated that a BMX park is being proposed and outlined proposed construction.  He described how the athletic fields will be crowned.  

Atty. Danehey explained that with all of the proposed renovations to the campground it will be ADA compliant.  He continued by discussing the proposed bike path.  He reviewed the camping season and stated there is no proposed lighting because use will be limited.  He defined the use of the recreational fields - soccer, football, kite flying, biking, picnicking, etc. He made mention of the $3million property that Town bought from Don Quinn.  He stated he would agree to a condition that prohibits dirt bikes.  He reviewed parking and current septic conditions.  He reviewed the proposed maintenance building and that it will only be used to store maintenance equipment, that the dimensions will be 60’x 80’, and that it will be constructed of metal sheeting or barn board.  He closed by discussing how the project will enhance the campground.  

Mr. Churchill presented existing conditions at other campgrounds (Camp Bourndale, Normandy Farms, and KOA in Middleboro).  

Atty. Danehey expressed he would like to get this project underway and completed by Plymouth’s 400th anniversary.  He addressed some of the abutters concerns and revisited the maintenance facility and articulated it will not be for commercial purposes – it will be for the exclusive use of the campground equipment.  He explained that the noise from the excavation will be minimal to non-existent due to the 155’ buffer from the road to the closest excavation point.  He also pointed out that there is over a 200’ buffer from Old Sandwich Road.  He stated there will be no increase in the number of campsites, it will remain at 200, and there will be no increase flow to the septic.  He noted there will be no intensity to the use of the campground.  He believes this Special Permit request does not create hazards to pedestrian and vehicles and noted the State Road layout of 24’.  He stated that the excavation will not be seen from anyone except campers and that due to the buffer, the abutters will not see the excavation of the proposed fields.  He mentioned the Town’s Strategic Action Plan and this proposal is what the Town is looking for – open space, tourism, and entrepreneurship.  He stated when we look at the Master Plan, it talks about hiking trails and business climate and outdoor recreation … and noted this falls within 4 corners of said master plan.  He stated there will be no development of homes.  He discussed the Cedarville Master Plan and how Ellisville is part of that and talked about access from residential to coastal line and ADA accessibility which this project will do.  He reviewed the Open Space Plan of 2009 in conjunction with this project.  Atty. Danehey described the siting and design of the property and stated that based on acreage, this property could potentially have 23 new homes constructed here; however, the Applicant is trying to avoid that.  

Gary James discussed surface water drainage and expressed how all the water will be contained on-site.  He noted that the utilities will not be drawing on any further septic power.  He stated they may draw on the well for the fields.  He noted that signage may have to be relocated in the future.  He then referred to March 19, 2014 letter from DEP and stated there will be no storage of commercial fertilizers.  He noted the proposed recreational fields will be 26’ above elevation of groundwater and noted that ENF and ACEC review are not triggered.  

Atty. Danehey returned and stated there is no indication or proof how the campground creates problems for Savery Pond – he referred to Page 7 of the 2012 Water & Sediment Quality Survey of Savery Pond and expressed the problem is from cranberry bogs not the campground.  He then discussed the 1970 report and the Savery Pond problem at that time was also agricultural.  He discussed traffic and pedestrian issues.  He explained how the truck route access will be from one direction, from Exit 2 up State Road and then left on to access road, and down 1000’ to site – this will also be the return route.  He noted that all truck trips will only be affecting properties to the south.  He stated the truck trips will take about 13.5 minutes.  He discussed at length the calculations for the truck trips.  

Mr. Main brought up the Old County Traffic Study.  Atty. Danehey then referred back to the truck trips and vehicle traffic – according to Atty. Danehey impact to the area is less than 1% during business days.  

Gary James discussed sight distances and intersection sight distance and continued with discussing design speeds.  He noted that based on design criteria, truck trips will not have an impact on existing and entering traffic.  He also noted that he believes there is plenty of sight distance.  He outlined how the project is at peak of crown of highest point on a straightaway and some cutting and maintenance to brush will be required to keep those distances.  There is a question regarding interference with other lanes and he noted that the opening at the private driveway is 144’ ft. at throat and when you take the island out you will have the ability to come out where it doesn’t interfere with oncoming traffic and you will be able to stay in own lane.  He stated the sign will be temporarily removed.  He projects the project should be completed in approximately 2.5 to 3 years.  

Atty. Danehey briefly discussed accidents in front of the site prior to Mr. Churchill discussing the accident reports obtained from the Town of Plymouth and Mass DOT.  Mr. Churchill referenced that the accident reports cover 1700 State Road to 2200 State Road and the average accidents per year are 11.  

Mr. Main interjected and noted that the accident reports did not take into consideration accidents thru Cedarville.  He discussed trucks and the speed they will require to get started exiting out of the campground.  He stated that the trucks exiting will create a possible accident for oncoming cars because after the truck pulls out of property the cars will have to slow down and potentially come to a complete stop; therefore, creating an accident hazard.  

There was a question raised about someone on the Board discussing this matter on the radio.  Mr. Peck stated that he was the individual and explained he only mentioned the case.  

Public comment in favor:   Paul Connolly

Public comment in opposition: Gwen Alexander; Joe Whalen; Tom Schwartzman; Paula Marcoux;  Jonathan Novak; David Ellis; Paul Martino; and Harold Centure.

Peter Conner asked Atty. Danehey why the Applicant never returned to the Planning Board with the revised plans.  Atty. Danehey stated the Boards advisory memo did not deal with any flaw in the design; it stated the project would be a nuisance and a danger to pedestrians.  He then referred to the Planning Board recommendation and highlighted #1, #3, and #4.  Edward Conroy suggested that the Applicant revisit the Planning Board - to which Atty. Danehey stated he would consult with his client on the matter.  

David Peck made statement to Atty. Danehey if he considered all other input from Peer Review and Town Departments regarding excavation that would be much less damaging to the environment.  Mr. Peck also suggested the Applicant return before the Planning Board.  He also referenced that because the Applicant is looking to be ADA compliant, they cannot change their design.  

Gary James noted for the record that the extent of the fields is what is driving quantity of gravel removal.  

Michael Main expressed his concern with the January 7, 2014 report from the Town Engineer – more specifically the 2nd page, #8 regarding the parcel id’s being revised.  He stated regarding  Lots 6A1 and 6A3 the lot lines should be labeled to future lot lines and there is no buffer zone because the lot lines have not been recorded.  He stated this matter needs to be clarified before the next meeting.  

Mr. Keohan motioned to continue Special Permit for Case No. 3734 to June 18, 2014 @ 8:00 p.m.  Mr. Peck seconded.  

Granted unanimously (5-0)

Public Hearing:         Ready – Case #3743
                        7 Howes Lane
                        Special Permit to waive side and rear setback requirements per Section 205-43
                        and Table 5 in order to alter stairs to top deck in back of house.  

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
  • ZBA Petition Application
  • Denial from Dept. of Inspectional Services dated February 20, 2014
  • Deed recorded with the Plymouth County Registry of Deeds in BK 7553, PG 41
  • Planning Board comments dated April 15, 2014
  • Memo from Engineering dated March 24, 2014
  • Fire Dept comments dated April 1, 2014
  • Unofficial Property Record Card
  • Plot Plan of Land dated March 7, 2014 prepared by John R. Farren
John Ready, Applicant, discussed existing condition of deck.  He noted the purpose for changing the direction of stairs is to make more proper for them and neighbors.  

Public comment in favor:  No one

Public comment in opposition: No one

Hearing closed.  

Mr. Main motioned to approve Special Permit for Case No. 3743 with no conditions.  Mr. Peck seconded.  

Granted unanimously (5-0)

Other Business:         Approval of April 16, 2014 ZBA Meeting Minutes

Mr. Peck motioned for the Board to approve the April 16, 2014 Meeting Minutes as written.  Mr. Simpson seconded.

Agreed unanimously (6-0)  Abstention:  Peter Conner

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

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

Respectfully Submitted
Tracey McCarthy
Administrative Secretary

Approved:       June 4, 2014