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: Airamee McMahon – Case # 3717R
Remand from Land Court
137 Court Street
Special Permit per Section 205-48, Paragraph D4, subject to
Environmental Design Conditions, for multi-family use; (2) a Special
Permit per Section 205-23, Paragraph A3, for relief from off-street
parking regulations, as needed and if necessary; (3) a Special Permit
per Section 205-25, Paragraph A3, to enlarge a non-conforming
structure; (4) a Special Permit per Section 205-71, Paragraph C1, for
Inclusionary Housing or alternatives thereto; and (5) all necessary
incidental dimensional waivers from Table 5 in a TC Zone, as part of
(1), (3), and/or (4), in order to develop a 15 one bedroom unit
residential development
Mr. Keohan, the Clerk, read the legal advertisement into the record.
Sitting: Mr. Conner, Mr. Keohan, Mr. Main, Mr. Conroy, and Mr. Simpson
The Board received the following documentation* for review of this case:
- Notice of Public Hearing
- June 2, 2014 Letter from Atty. Betters RE Zoning Memo prepared by Phillips & Angley
- ZBA Case No. 3717 Decision
- Commonwealth of MA Land Court – Order of Remand – Misc. Case No. 13 MISC 480047 (GHP)
- June 10, 2014 Planning Board Comments
- Stormwater Management and Design Narrative
- Soil Erosion & Sediment Control Plan
- Operations & Maintenance Manual
- Plans dated May 16, 2014 and prepared by Pare Corporation:
- C0.0 – Cover Sheet
- C0.1 – Notes and Legend
- C0.2 – Existing Conditions and Demolition Plan
- C3.0 – Site and Utility Plan
- C4.0 – Grading and Stormwater Management Plan
- C5.1 – Site Details 1
- C5.2 – Site Details 2
- C5.3 – Site Details 3
- H1.0 – Pre-Development Hydrology Plan
- H2.0 – Post-Development Hydrology Plan
- L1.0 – Landscape Plan
- L1.1 – Landscape Details
- May 28, 2014 Letter (4 pgs) from PARE Corporation to Richard Bosse with the following enclosures:
- TSS Removal Calculations (3 pages)
- Chamber Treatment Row Sizing and Control Structure Weir Calculations (1 page)
- 72-Hour Drawdown Calculations (3 pages)
- Target Recharge Soil Textural Analysis and Laboratory Testing (2 pages)
- Storage-Recharge modeling for infiltration rate of SANDY LOAM (6 pages)
- Revised Sheet C5.3 Site Details No. 3 (1 sheet)
- Revised Sheet L1.0 Landscape Plan (1 sheet)
- June 2, 2014 ENG Comments
- February 26, 2014 Letter from PARE Corporation to Mr. L Scott Dunlap RE: Floor Area Ratio
- June 9, 2014 Opposition letter (5 pages)
Atty. Betters, representing Applicant, discussed the Special Permits previously granted under ZBA Case No. 3717. He then outlined Remand from Land Court and referred to Planning Board vote regarding the Remand. He noted that drainage was an issue on appeal and pointed out that the drainage calculations were submitted to the town engineer; and, according to their memo, the drainage conforms to the Town’s guidelines and therefore satisfied this condition. Atty. Betters focused on “c” and “e” in the Remand Order – and stated that the Remand Order is for clarification and justification purposes. He referred back to the original special permit that was approved and recapped the fact that the parking waivers were granted in this original decision. He then
mentioned the driveway, the off-street parking setback, and the floor area ratio. He also discussed the parking requirements and the bylaw regarding the front setback – at which point he turned to the Planning Board comments. He reviewed the 690 sq. ft. for the affordable unit and referred to this waiver as part of the Remand Order from the Land Court. He stated that the floor area ratio is .5 and if they didn’t have to provide an affordable unit they would have met this requirement; however, the waiver is necessary in order to accommodate the waiver for floor area ratio for the affordable unit. Atty. Betters referred to page 7 of the Planning Board recommendation that states the Zoning Board of Appeals has the authority to grant waivers. He also referred to page 8 regarding parking waivers and read Section 205-23 (A)(3) of the bylaw. Atty. Betters recapped reasons to grant waivers associated with this remand. He closed by referring to conditions which track original
conditions in Decision with some minor alterations. He noted that in summation, the Remand is for clarification.
Ed Conroy asked why Remand Request 3(b) applies to 10 & 20 foot strip and noted that the Land Court asked whether 10 foot waiver is necessary. Mr. Conroy’s question is ... Does it apply and if so, would the Board grant a waiver? Atty. Betters expressed that the waiver of 10 feet is not necessary because they have 12 feet.
Scott Dunlap, Applicant, who is also an Architect, explained that he hired PARE to do the final drainage design. Mr. Dunlap highlighted sight conditions that have been adjusted – the primary item is that they were able to adjust the elevation of the parking lot. He noted that PARE was able to lower the parking lot by approx. 1’ by prior elevation that was submitted to Board. He stated that lowering the parking lot elevation allowed them to lower the retaining wall along 2 edges of the property. He then reviewed the existing and proposed retaining wall and elevation at Murray Street and pointed out that the changes allow them to pull the parking lot back from its previous 1’ setback to its now 17’ setback from Murray Street. He then discussed proposed landscaping on
Murray Street side and advantages of same. He closed by discussing the entry drive point off of Murray Street and that it is now below the 2 percent grade.
Public comment in opposition: Lisa Faber-Ginggen, 6 Murray Street; Chris Maccaferri, 8E Murray Street; Margaret Parent, 8C Murray Street.
Public comment in favor: No one
Atty. Betters returned and discussed the topics that were raised from the opposition. He noted this project is for 15 one-bedroom units and hypothetically asked, what if the project was for 5
3-bedroom units or the like.
Jeff Angley, Attorney for Applicant, stated the Remand has to be filed by the end of August.
Mr. Main motioned to continue the Special Permit for Case No. 3717R to July 2 @ 7:45p.m. Mr. Keohan seconded.
Granted unanimously (5-0)
Public Hearing: 146 Court Street, LLC – Case #3749
146 Court Street
Modification of Special Permit No. 3722 and a Special Permit per
Section 205-48, Paragraph D4, if needed, in order to convert the
ground floor from commercial to a residential studio apartment and
by adding a second bedroom to one of the permitted one bedroom
apartments.
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
- Dept. of Inspectional Services Denial dated May 2, 2014
- Deed recorded with Plymouth County Registry of Deeds in BK 43832, PG 217
- June 10, 2014 Planning Board Comments
- May 15, 2014 ENG Comments
- May 20, 2014 Fire Dept Comments
- Environmental impact Statement
- May 7, 2014 Letter from John Wyman
- Case #3722 ZBA Decision
- Unofficial Property Record Card
- Site Map
- Plans:
- A1 – Basement Floor Plan
- A2 – First Floor Plan
- A3 – Second Floor Plan
- A4 – Third Floor Plan
- A5 – Front Elevation & Right Side Elevation
- A6 – Rear Elevation & Left Side Elevation
Atty. John Wyman, representing Applicant, also fully disclosed that he and his wife are also the owners of the property and they bought it from Mr. Stefani in December. He reviewed Special Permit #3722 that was granted. He reviewed the interior design of the building and his request for adding a second story in order to convert a one bedroom to a two bedroom. He closed by reviewing the proposed request.
Mike Leary asked what will be on the opposite side of the basement from the studio unit. Atty. Wyman expressed that it will be a utility room/basement. He noted that it is currently an empty basement.
Public comment in favor: No one
Public comment in opposition: Mark Dunay, 99 Allerton Street.
Atty. Wyman discussed new wiring and new plumbing and that the units would be attractive. He closed by discussing prior zoning of the property.
Michael Main referred to the inclusionary bylaw and the requirement for an affordable unit.
Board Members discussed getting MOU regarding inclusionary housing and suggested a possible continuance, and noted they preferred that the affordable unit be onsite.
Mr. Main motioned to continue Special Permit for Case No. 3749 to July 2, 2014 at 8:00 p.m. Mr. Keohan seconded.
Granted unanimously (5-0)
Public Hearing: Indianhead Realty, Inc. – Case # 3734
(Continued from February 12, 2014, March 5, 2014, and May 7, 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:
- Excerpts from Public Hearing on May 7, 2014
- May 14, 2014 letter from Churchill Engineering RE Proposed Truck Haul Route
- June 3, 2014 Letter from MA Office on Disability
- May 13, 2014 Email from Paul Cripps to Richard Churchill
- June 4, 2014 letter from Churchill Engineering RE Plymouth Police Noise Complaints Against Indianhead Resort Since 1992
- Environmental Impact Statement (dated May 27, 2014 – this is revision from original filing)
- May 21, 2014 Plymouth County Registry of Deeds confirmation receipts of recorded Plan
- Section 81-X Requirements for Registration of Plan (2 pages)
- May 22, 2014 letter from Churchill Engineering RE: Peer Review Submission – Drawing Revision Summary
- June 6, 2014 Beals & Thomas Second Supplemental Review
- June 8, 2014 Memo from Michael Oakland
- January 7, 2014 Memo from Engineering (This memo is Churchill Engineering’s response comments to Engineering’s January 7, 2014 Memo – ZBA Date Stamp 6/3/14)
- January 13, 2014 Letter from Churchill RE Response to Town Engineers Comments
- June 3, 2014 Memo from Engineering
- June 4, 2014 letter from Churchill Engineering RE Confirmation of Satisfactory Response to 07Jan14 Town Engineer’s Comments
- June 11, 2014 Memo from Engineering RE Revised Plans
- May 23, 2014 Letter from Churchill Engineering RE: Confirmation of MassDOT Provided Information
- Traffic Study of Construction Conditions May 2014 (Page 1 thru 14)
- Letter of support from Tim Watts – date stamped May 21, 2014
- June 11, 2014 Letter from Churchill RE Old Colony Memorial Opinion Column
- May 6, 2014 Peer Review of Proposed Recreational Facilities from Bayside Engineering
- June 10, 2014 Peer Review of Proposed Recreational Facilities from Bayside Engineering
- June 9, 2014 Letter from Cross-Spectrum Acoustics addressed to David Abbott, Esq.
- June 10, 2014 Letter from Donald P. Quinn RE: Indianhead Operating in Violation of its 1968 Special Permit
- Plans:
- Existing Conditions Plan dated Aug 22, 2011 – Sheet 1 of 9 (REV 5/22/2014)
- Proposed Recreational Facility Plan of Land dated April 22, 2014 – Sheet 2 of 9 (REV 6/10/2014)
- Phase I and II Construction Sequencing dated April 22, 2014 – Sheet 3 of 9 (REV 6/10/2014)
- Phase III Construction dated April 22, 2014 – Sheet 4 of 9 (REV 6/10/2014)
- Detail Sheet dated April 22, 2014 – Sheet 5 of 9 (REV 5/18/2014)
- Traffic Detail Sheet dated April 22, 2014 – Sheet 6 of 9 (REV 6/10/2014)
- State Road Profile dated April 22, 2014 – Sheet 7 of 9 (REV 6/10/2014)
- Proposed Recreational Facility Site Overview dated April 22, 2014 – Sheet 8 of 9 (REV 6/10/2014)
- Truck Turning Movements dated January 21, 2014 – Sheet 9 of 9 (REV 6/10/2014)
- Noise Pollution Analysis dated June 12, 2014
- June 17, 2014 Letter from Churchill Engineering RE Minimum Gravel Removal & Accessible Access Requirements
- June 16, 2014 Letter from Keven Joyce, Commission on Disabilities
- June 13, 2014 Letter from Kessler McGuiness & Associates, LLC
- June 16, 2014 Opposition letter from Walter Morrison III
- June 17, 2014 Email from Bill Abbott RE Plan
- June 18, 2014 Memo from Engineering
Peter Conner, Chair, stated that documents that were submitted and obtained by Board members tonight will not be reviewed because the Board hasn’t had any time to review. Mr. Conner stated that the applicant needs to refrain from referring to any of these documents during tonight’s meeting.
Attorney John Danehey, representing Applicant, referred to pages 7 & 14 of the Traffic Study.
Mr. Simpson asked about truck trips and hours of use. He wanted to know the heaviest time of traffic – wants analysis during down hours if there are any.
Atty. Danehey discussed the revised and final plan and what has changed. He noted that from the original plan, the site has been raised by 7 feet – the original was a 2:1 slope and it is now a
3:1 slope. He particularly noted that even after the peer review it remains a 3:1 slope and per the recommendation of the peer review they terraced the slope. Atty. Danehey stated the peer review also included review of the drainage features and drainage calculations. He noted that the buffer was reduced and is 135 feet. He again reviewed changes from the current plans as opposed to original plans. He also discussed slope stability.
Michael Oakland, Geotechnical Engineer, detailed the 2:1 slope, 3:1 slope, and slope stability. He noted the 3:1 slope with the bench is much safer and will add stability, and is considered safer. He explained that Beals & Thomas asked for plantings on the slopes but pointed out with a 3:1 slope the grass cover should provide all of the erosion capability required.
Michael Main introduced the June 6, 2014 report from Beals & Thomas regarding the revised plans not appearing to comply with the requirements of the bylaw and stated that he would like to see something from Beals & Thomas that this condition was met. Mr. Main also mentioned slope plantings.
Mr. Main and Mr. Oakland went back and forth regarding the slope stabilization at Cole’s Hill.
Atty. Danehey reviewed dust mitigation and referred to the February 3, 2014 letter from Dr. Oakland regarding sieve analysis.
Mr. Oakland articulated on the sieve analysis. He discussed the make-up of the material that is at Indianhead and how the material at this site does not have a lot of dust. He noted that it’s a course grain material and does not create a lot of dust.
Atty. Danehey asked the Board if they had any questions.
David Peck asked why this particular mix of fields – bike park, soccer field, and ball field. He asked how this was determined; and, stated he would like to understand how the uses were selected?
Atty. Danehey expressed that Mr. Churchill went to other sites to see what was attracting patrons to other sites and stated the proposed use is intended to make the site more competitive. He noted that the trail however has always been there.
Mr. Conner stated he wants to ensure that the person who did the traffic study is a traffic engineer. He noted this because he was unfamiliar with the name.
Atty. Danehey said he will provide credentials to support that he is a traffic engineer.
Atty. Danehey then discussed why he was okay with 3:1 slope as opposed to 2:1 slope.
Public comment in favor: No one
Public comment in opposition: Susan Hamilton; James Mahoney; Bob Goldwaithe; Paul Martino; and Don Quinn
Mr. Conner discussed continuing the case and stated that documents must be submitted by
July 25, 2014 at the latest.
Mr. Peck motioned to continue Special Permit for Case No. 3734 to August 6, 2014 at 7:45 p.m. with all supplemental information being submitted to the Board by July 25, 2014. Mr. Keohan seconded.
Granted unanimously (5-0)
Other Business: Approval of June 4, 2014 ZBA Meeting Minutes
Mr. Keohan motioned for the Board to approve the June 4, 2014 Meeting Minutes as written. Mr. Main seconded.
Agreed unanimously (6-0) Abstention: William Keohan
Mr. Main 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: August 6, 2014
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