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Zoning Board of Appeals Minutes August 20, 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:         Church of Latter-Day Saints – Case # 3752
                        Federal Furnace Road
Special Permit per Section 205-17, Paragraph I (2) a. to exceed the 35’ height requirement in order to erect a 57 foot steeple.

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

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
  • July 22, 2014 Confirmation of ZBA Signage Requirement
  • ZBA Petition Application
  • Department of Inspectional Services Denial
  • Quitclaim Deed recorded in BK 18947, PG 137
  • June 19, 2014 Letter from Flaherty & Stefani
  • July 15, 2014 Planning Board comments
  • July 10, 2014 Engineering comments
  • July 14, 2014 Fire Dept. comments
  • July 3, 2014 Letter from Plymouth Airport
  • June 23, 2014 Email from West Plymouth Steering Committee
  • July 15, 2014 Notice of Presumed Hazard RE:  LDS Steeple from FAA
  • July 15, 2014 Notice of Presumed Hazard RE: Building (LDS Church NW Corner) from FAA
  • Unofficial Property Record Card
  • March 19, 2014 Wetland Delineation Report
  • Rluipa and The Dover Amendment
  • Plans prepared by Flaherty & Stefani:
  • Sheet 1 – ALTA/ACSM Land Title Survey
  • Sheet 2 – Site Plan
  • Sheet 3 – Grading Plan
  • Sheet 4 – Drainage & Utility Plan
  • Sheet 5 – Sediment & Erosion Control Plan
  • Sheet 6 – Pre-Construction Watershed Plan
  • Sheet 7 – Post Construction Watershed Plan
  • Sheet 8 – Detail Sheet
  • Sheet 9 – Detail Sheet
  • Sheet 10 – Detail Sheet
  • Sheet 11 – Detail Sheet
  • Plans prepared by Keenan & Kenny Architects, LTD.
  • A101 – Floor Plan
  • A201 – Exterior Elevations
  • A202 – Exterior Elevations
  • A203 – Exterior Elevations
  • Preliminary Planting Plan prepared by R. Jon Henson Landscape Architects dated June 18, 2014 and revised on June 26, 2014 – Storm drainage & rain garden
  • July 16, 2014 Transportation Impact Assessment – Sensitivity Analysis prepared by Vanasse & Associates, Inc.
  • August 13, 2014 Letter from Jeannie Phillips, Airport Coordinator
Mark Flaherty, Flaherty & Stefani, representing Petitioner, explained that the property is a 5.5 acre parcel and provided a quick orientation of the property and its existing conditions.  He spoke briefly about the wetlands on the property.  He stated the proposal calls for a 12,000 sq. ft. one-story church with a steeple height of 57 feet.  He noted that the request for the Special Permit is solely for height requirements because the steeple exceeds the 35’ Bylaw requirement.  He reviewed the layout of the property as having a single-driveway entrance and 78 parking spaces to serve a 215 seat church.  The church will not generate a lot of activity except for Sunday morning service.  He noted the property is served by town water, the building will be sprinkled, and the church will have a small shed in the rear.  He briefly talked about future growth and provisions.  He discussed drainage and retention areas.  He reviewed site plans showing the proximity to the airport and abutting properties.  He closed by presenting building elevations.  

Antonia Kenny, Keenan & Kenny Architects, referred to plans and provided an overall history of the church locations.  She reviewed the existing and proposed conditions of the site.  She reviewed the exterior features of the church which include brick, stucco, and white doors and trim.  She commented that the lights will be on timers and the property will be dark at night except for exit lights which are required.  She noted that the parking locations will be to the side and the rear.  She stated the second spire shown on the plan is an error and she will provide corrected plans.  

Jon Henson, Landscape Architect, reviewed landscaping plans showing existing vegetation that will remain.  He then reviewed proposed landscaping features, including entry way and parking area plantings, a rain garden, and site line landscaping.  He noted that the dumpster and propane tanks will be enclosed.  He commented on potential expansion in Phase II and Phase III.  

Mark Flaherty stated that according to the FAA, the church and its proposed steeple are not in conformance with the overall master plan of the airport.  He noted that from the FAA standpoint their long range plans would require a greater amount of trees to be removed.  He commented that if the master plan was taken in to account an airplane would come in at a slope of about 50:1.  He reviewed an elevation of 34:1, and how this elevation would affect the church.  He noted that they hired a consultant who stated that the 57’ foot steeple would not work at the 34:1 slope and that they would have to reduce their steeple by 6’.  He discussed an option of having one or two beacon poles being installed at the church site.  He reviewed approach lane 33 in comparison to the church.  Mr. Flaherty noted that if the 34:1 approach prevails then the steeple can be 51’.  

Tom Maher, Manager of Plymouth Airport, stated that he was not opposed to this project; however, he is trying to work with the applicant as to what the appropriate elevation of the steeple should be.  He discussed the FAA obstruction study and how this study went by the master plan that was approved in 2011.  He noted that the airport does not plan on doing any tree removal.  He reviewed vegetation removal at a 34:1 slope.  He discussed obstruction lights along Federal Furnace and Village Way.  He noted that there are trees that are higher than the proposed steeple.  He noted that the proposed obstruction lights should be a sufficient safety measure.  

Public comment in favor:  Sarah Stearns, Southers Marsh Gold Club  

Public comment in opposition:  No one

The Board reviewed options as to how to move forward with this case given the facts presented.  

Mr. Main motioned to continue Case No. 3752 to November 19, 2014 @ 7:30 p.m.  Mr. Keohan seconded.  

Granted unanimously (5-0)

Public Hearing:         Zamperini – Case # 3062R
                        Sandy Pond Road
Special Permit per Section 205-17, Paragraph E3b, and modification of condition set forth in Case #2801 in order to create one additional buildable lot, pursuant to Land Court Decision dated July 9, 2013 and Planning Board Decision dated February 26, 2014.

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

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
  • Case No. 2801 Decision
  • Case No. 3062 Decision
  • Land Court Judgment – Case No. 11 MISC. 445065 (KCL)
  • Land Court Decision – Case No. 11 MISC. 445065 (KCL)
  • February 26, 2014 – Case B-583 Decision from Planning Board
  • Deed recorded with Plymouth County Registry of Deeds in BK 15778, PG 234
  • Rural Density Development (RDD) Plan dated December 9, 2013 and revised February 7, 2014
Atty. Richard Serkey, representing Petitioner, stated purpose for being here was to carry out a Remand Order of the Land Court.  He summarized the history of Case #3062 from its 1997 inception. He discussed features of current plan including the proposed open space.  He stated there will be an easement for a 40’ right of way for purposes of future widening.  He referred to page 5 of the Planning Board comments regarding the RDD zone and noted that all the conditions noted in their recommendation are acceptable to the Petitioner.  If the Special Permit is approved by the Board, he would return to the Planning Board with an ANR Plan and a RDD Plan.  

Public comment in favor: No one

Public comment in opposition: No one

The Chairman closed public comment.  

The Chairman closed the public hearing.   

Mr. Keohan motioned to approve Special Permit for Case No. 3062R with conditions as noted in Planning Board approval.  Mr. Peck seconded.  

Granted unanimously (5-0)

Public Hearing:         Northrup Realty Trust – Case #3754
                        31 Sandwich Road
Special Permit per Section 205-25, Paragraph A3 to enlarge a non-conforming structure and use in order to construct an addition consisting of a great room, two bedrooms, and a deck.  

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
  • 31 Sandwich Road – Project Narrative
  • Quitclaim Deed recorded in BK 40633, Page 90
  • August 5, 2014 Planning Board comments
  • July 10, 2014 Engineering comments
  • July 14, 2014 Fire Dept. comments
  • 8x11 First Floor Plan & Details A-2
  • Subsurface Sewage Disposal Plan dated May 14, 2014
Zac Basinski, Bracken Engineering, representing Petitioner, reviewed the request for a Special Permit.  He provided project history and project location.  He gave brief history of land owners.  He reviewed existing and proposed conditions.  He closed by stating they will have to do some clearing on the lot to accommodate the new septic system.  

Public comment in favor:  No one

Public comment in opposition: No one

The Chairman closed public comment.  

The Chairman closed the public hearing.   

Mr. Peck motioned to approve Special Permit for Case No. 3754 with conditions recommended by Planning Board.  Mr. Main seconded.  

Granted unanimously (5-0)

Public Hearing:         Northrup Realty Trust – Case #3755
                        35 Sandwich Road
Special Permit per Section 205-25, Paragraph A3 to enlarge & rebuilt a structure & use that was destroyed by fire.

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

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
  • 35 Sandwich Road – Project Narrative
  • Quitclaim Deed recorded in BK 40633, Page 90
  • July 10, 2014 Engineering comments
  • July 14, 2014 Fire Dept. comments
  • 8x11 Basement / 1st Framing Plan A-0
  • First Floor Plan A-1
  • Second Floor Plan
  • Subsurface Sewage Disposal Plan dated May 14, 2014
Zac Basinski, Bracken Engineering, representing Petitioner, reviewed the request for a Special Permit.  He provided project history and project location.  He gave brief history of land owners.  He reviewed existing and proposed conditions.  He noted the new structure will be single-story house with a dormer in order to create a second room on the second floor.  

Public comment in favor:  No one

Public comment in opposition:  No one

The Chairman closed public comment.  

The Chairman closed the public hearing.   

Mr. Peck motioned to approve Special Permit for Case No. 3755 with conditions recommended by Planning Board.  Mr. Main seconded.  

Granted unanimously (5-0)

Informal Hearing:       Twin Pines - Case # 3329
        335 Carver Road
Request to transfer & assign Comprehensive Permit to Plymouth Pines, LLC

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

The Board received the following documentation* for review of this case:
  • July 30, 2014 Letter from Freeman Realty RE Transfer of Ownership
  • July 30, 2014 Letter from Freeman Realty RE Demolition of Site Cleanup
  • Deed recorded in BK 44194, PG 93
  • Limited Liability Company Agreement – Plymouth Pines LLC
  • July 9, 2014 Letter from Mass Housing RE Request for Approval of Transfer of Comprehensive Permit from Twin Pines LLC to Plymouth Pines LLC
  • July 23, 2014 Email from Carolyn Murray RE Twin Pines
  • March 10, 2014 Letter from Peter Conner, ZBA, to Jim Freeman
  • Case No. 3329 ZBA Decision
  • Case No. 3329 Modification of Comprehensive Permit
  • April 17, 2013 letter from Lee Hartmann to Twin Pines Farm, LLC
Jim Freeman, Freeman Realty, explained that he has now taken title to the property and requested that the Board allow a transfer of the Comprehensive Permit.  He asked about demolishing the existing house on the property and cleaning up the site.  He noted the original house designs were based on modular construction; however, he is looking at using conventional construction.  He stated that in the future he hopes to meet with staff and discuss some changes and revisions they would like to see made.  

Mr. Main motioned to approve the request to transfer and assign the Comprehensive Permit for Case No. 3329 from Twin Pines to Plymouth Pines, LLC.  Mr. Peck seconded.  

Granted unanimously (5-0)

Other Business:         Case No. 3454 & Case No. 3623 – Plymouth Regional Economic Dev.

Michael Main raised a concern regarding adherence to the Special Permit granted.  He reviewed the 2013 report noting compliance however since that time there has been no site stabilization.  Paul McAuliffe stated the Petitioner started to vegetate however has since dug everything out.  Mr. Main asked the Board to draft a letter to Mr. McAuliffe asking that the Town not release any escrow money until this project is in compliance.  Mr. Main also suggested requiring a registered engineer to provide information as to how many acres are exposed and how much gravel has been removed.  Board agreed that Peter Conner, Chair, would craft a memo to Mr. McAuliffe.  

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

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

Respectfully Submitted
Tracey McCarthy
Administrative Secretary

Approved:  September 17, 2014