Zoning Board of Appeals
Minutes
September 17, 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: Belongulla Limited Two – Case #3759
17 Lake Avenue
Special Permit per Section 205-40 and Table 5 to waive the side, rear, and front setback requirements in order to construct a 2-car garage on the property with demolition of the existing garage/boathouse
Mr. Keohan recused himself from this case because he knows the Petitioner.
Sitting: Mr. Conner, Mr. Peck, Mr. Simpson, Mr. Main, and Mr. Conroy
Mr. Main, 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 May 6, 2014
- Deed recorded in BK 34745, PG 339
- Unofficial Property Record Card
- Planning Board comments dated August 19, 2014
- Engineering Dept. comments dated August 14, 2014
- Fire Dept. comments dated July 30, 2014
- Design Development Plans (6 pages)
- Site Map – Figure 1
- Site Map – Aerial Photo
- Plan dated July 23, 2014 prepared by Flaherty & Stefani
- Letter of support from Karen Pearson dated August 28, 2014
- Letter of support from Jonathan Mastrisciano dated August 30, 2014
- Letter of support from Ralph Guerra dated September 6, 2014
Mark Flaherty, Flaherty & Stefani, representing Petitioner, explained the location of the property. He referred to property photographs depicting its current condition and the need for additional space. He referred to the site plan to show the location of a new garage for storage. He noted that the elevation will be the same as the existing garage. He reviewed all setback requirements and the need for this Special Permit. He noted that he will have to file with National Heritage and Plymouth Conservation Commission. He stated the property is outside of the flood zone. He discussed drainage and noted that the runoff will fall in to a 12’ wide trough. He discussed erosion control measures, proximity to Great Herring Pond, and presented to Architectural Plans.
He noted the Petitioner resides in Canada and this is their summer residence.
Public comment in favor: No one
Public comment in opposition: No one
The Chairman closed public comment.
The Chairman closed the public hearing.
Mr. Main motioned to approve Special Permit for Case No. 3759 with condition as specified in Planning Board recommendation. Mr. Peck seconded.
Granted unanimously (5-0)
Public Hearing: Kingstown Corp. – Case #3751 (Continued from August 6, 2014)
Long Pond Road
Special Permit per Section 205-40, Paragraph D(1); and, a Special Permit per Section 205-18, Paragraphs B(4), F and G, subject to EDC for excavation of 250,000 cubic yards of material in order to construct a solar field
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy
The Board received the following documentation* for review of this case:
- ZBA Petition Application
- Dept. of Inspectional Services denial dated June 20, 2014
- Dept. of Inspectional Services denial dated October 15, 2012
- Deed recorded in BK 1275, PG 424
- Environmental Impact Statement dated June 9, 2014
- September 9, 2014 Planning Dept. Comments
- September 8, 2014 ENG Dept. Comments
- July 8, 2014 Fire Dept. Comments
- July 3, 2014 B&T Review
- September 4, 2014 B&T Supplemental Review
- July 24, 2014 Letter from BlueWave Capital
- Unofficial Property Card
- Copy of Map 88
- Aerial Photos
- August 21, 2014 Letter from Associated Engineers
- August 21, 2014 Drainage Calculations
- Watershed Plan
- August 18, 2014 Set of Revised Plans (10 Sheets)
Attorney Bob Betters, representing Petitioner, introduced the participants involved with this petition. He provided history of prior Special Permit requests. He reviewed the area of site which is 10 acres as opposed to 15 acres from original request in 2012. He referred to a letter of interest from Blue Wave. He reviewed the $0.10 per cubic yard contribution to the Town. He summarized Kingstown’s business operation and believes is an important consideration because trucks are currently entering and exiting from the proposed site location. He reviewed the truck haul route and noted the closest house is approximately 1500 feet from the site location. There are no houses on Camelot Dr. or along the portion of Long Pond Road to which the trucks will be travelling. He
expressed that solar would be more benign and less intensive than other uses that could be on this site. From his perspective, the impact will be minimal to the Town and the Town’s services. He reviewed prior cases and the volume of gravel removal as opposed to this request. In an attempt to minimize bus traffic impact, he is proposing a start time of 6:00 a.m. instead of 7:00 a.m. He referred to Planning Board comments and again referred to Bylaw and the Planning Board’s findings and reason for their recommendation of denial. Atty. Betters noted for the record that it is his belief the proposed amount of gravel is incidental and is the minimum required.
Bill Shaw, Associated Engineers, presented an aerial view of property showing the neighboring solar field and wind turbine. He reviewed the distances between proposed solar field and neighboring solar field. He noted that no water will leave the site and reviewed runoff, 100 year stormwater, and discussed swales near retention area. He noted that there will be paved surfaces. He reviewed slopes, erosion control, and pit face. He noted that the site will be accessed thru Kingstown Corp. He concluded by stating the site will not be visable from any public way and that there will be no impact on the watershed.
Mr. Simpson noted that 600,000 cubic yards were removed in order to construct the neighboring solar field.
Mr. Keohan asked Bill Shaw why this location? Mr. Shaw replied because there are higher and better uses that can be applied in a Rural Residential zone as opposed to a Light Industrial zone.
Mr. Peck asked where the permanent access would be located? Mr. Brad Cushing replied that he owns surrounding property and he would grant an Easement to provide access to the property.
Bill Shaw discussed power to operate the solar field and transfer of power from the solar field.
The Board, Petitioner, and Petitioner’s representatives reviewed capacity and noted that 2 megawatts is what will be produced from this site and that a 2 acre solar farm offsets the electric bill for a skating rink. It was noted that the revenue offset would be approximately $5K to $6K per month and that it is usually about 10 years before the benefits are seen. The Board was trying to determine the approximate net effect of this project and therefore asked questions about what a cubic yard sells for. Mr. Cushing replied $15.00 a yard. There was also discussion regarding incidental use in comparison to primary use. Mr. Cushing noted that he was told it cost approximately $14 Million to construct the neighboring solar field. Atty. Betters disagreed that incidental has to do with
money. Mr. Cushing stated that he would be paying the County $1.38 per cubic yard of material.
Mr. Main discussed case law that referred to incidental use and how the courts determined that money was incidental.
David Peck questioned what the cost was to prepare a flat site? He stated that the initial investment also has to be considered. He believed the real number is the comparison between what the gravel is being sold for and what it costs to prepare the site for the solar field.
Daniel Pallotta, Chairman, Plymouth County Commissioner, believed a solar use would be the least invasive use to the abutters. He noted that the County sent out two (2) different RFP’s – one for wind and one for solar; however, the County exempted wind from this location. He commented that the County received nine (9) proposals for solar. He stated that the end use is real and will be less intrusive to Town of Plymouth and its residents.
Mr. Main asked if Blue Wave would be the end provider? Mr. Pallotta replied no.
Mr. Simpson asked why this location; and, if there was another means to be less invasive and have less gravel removed. Mr. Shaw replied the County deemed this a prime location and noted that from a feasibility point of view gravel needs to be removed in order to make this project work.
Mr. Cushing discussed the neighboring and proposed solar field and briefly discussed the finances of both.
Mr. Peck asked about the value of the dirt and who the solar company would pay rent to? Mr. Cushing replied that he will pay the County $1.38 per cubic yard and that he needs the gravel to stay in business. Mr. Cushing noted that the property is landlocked and that he would be granting an easement to the County for the life of the solar field.
Mr. Main asked why the project was going to take 4 years to complete when he believes it can be done is 1.5 years. He also noted that a 6:00 a.m. start time makes no sense. Mr. Main stated that with a maximum of 10 trucks, 4 loads a day totaling 40 truck trips a day, and at 25 yards per truck, that according to his math this project can be completed in less than 2 years. Mr. Cushing replied he will do what he needs to do to satisfy the Board.
Atty. Betters acknowledged the Bylaw is 7:00 a.m. to 4:00 p.m. Mr. Cushing noted that with a start time of 6:00 a.m. the trucks would be departing for Boston and by the time they returned it would be after 9:00 a.m. therefore having no impact on the school buses at 8:00 - 8:15 a.m. Atty. Betters commented they would partner with PCIS regarding schedules.
There was discussion regarding what impacts there would be at Exit 5 as a result of truck traffic. Mr. Cushing noted that there would be no impact. He noted that the trucks will already be at the site at the start of the day.
Mr. Leary asked Mr. Cushing if there is presently anything being processed at the location. Very little Mr. Cushing responded.
Mr. Main asked about vegetating the slopes. Mr. Shaw discussed the planting proposal and noted that the pine trees are going to do a great job and he believed they will take over in time. He believed that the natural activity is sufficient.
Public comment in favor: No one
Public comment in opposition: Betsy Hall, Precinct 12; Dori Stoli; and, Karen Edwards
Mr. Pallotta stated that the County is comprised of 27 towns and that most of the nine (9) proposals are interested in this site; however, the County does have other potential sites for solar fields.
Mr. Leary asked about other uses for the Long Pond Road site. Mr. Pallotta replied that during his 12 year tenure as Commissioner he has been approached by approximately 12 different people for potential uses. The Board asked if the County would sell the property. Mr. Pallotta responded that like the Town, the County has reviewed revenue enhancements and the sale of this site has been considered.
Mr. Keohan asked Mr. Pallotta about options to selling the property and distribution of assets. Mr. Pallotta replied that this past May an appraisal was done; he then explained the County process for the sale of assets.
Atty. Betters requested a continuance.
Mr. Peck commented that without the results of the 9 bids and without some serious interest this project still appears to be speculative. He stated that he is interested in the economics of renewable energy and the specifics of this site and its connections. His concern is the scale of the project. He supported the request for the continuance.
Mr. Main commented that without a firm commitment it’s too speculative and therefore he did not support the request for the continuance.
Mr. Conroy stated his concern has to do with figuring out the amount required to construct the solar farm and what is incidental. He supported the request for the continuance.
Mr. Keohan did not support the request for the continuance.
Mr. Conner supported the request for the continuance.
Mr. Peck motioned to continue the request for Special Permits in Case No. 3751 until
November 15, 2014 at 7:30 p.m. Mr. Conroy seconded.
Granted (3-2) (Mr. Keohan and Mr. Main in opposition)
Public Hearing: Secret Physique Studio, LLC – Case #3761
118B Long Pond Road
Special Permit per Section 205-51 C(9) in order to operate a fitness/dance studio
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 Signage Picture
- ZBA Petition Application
- Dept. of Inspectional Services Denial dated August 7, 2014
- Deed recorded in BK 14763, PG 189
- September 9, 2014 Planning Dept. comments
- August 20, 2014 ENG Dept. comments
- Aerial Photo
- Figure 1 Site Photo
- Floor Plan & RCP dated August 7, 2014 – A1
- Proposed Disposal System – Revised September 28, 1988
Jenny Anania, Petitioner, stated that she is a fitness studio owner with 3 existing locations and is looking to expand in to Plymouth.
Public comment in favor: No one
Public comment in opposition: No one
The Chairman closed public comment.
The Chairman closed the public hearing.
Mr. Main motioned to approve Special Permit for Case No. 3761 with 1 condition. Mr. Peck seconded.
Granted unanimously (5-0)
Public Hearing: Best Chevrolet – Case #3762
264 Cherry Street
Special Permit per Section 205-25, Paragraph A(3) to change from one non-conforming use to another in order to operate an automobile sales, display, service, and repair business
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
- Signage Requirement Picture
- ZBA Petition Application
- Dept. of Inspectional Services denial dated August 27, 2014
- Deed recorded in BK 43890, PG 198
- September 9, 2014 Planning Dept. comments
- September 8, 2014 ENG Dept. comments
- Aerial View Site Map
- Figure 1 Site Photos
- Concept Design Plan dated August 29, 2014
- Plan of Land dated August 14, 2014
- September 16, 2014 Memo from Planning & Development
- September 11, 2014 Comments from the North Plymouth Steering Committee
- September 12, 2014 Comments from the West Plymouth Steering Committee
Attorney Bob Betters, representing Petitioner, introduced professionals associated with the petition. He noted that this was a Chrysler Jeep dealership and outlined the request for the Special Permit. He referred to the Site Plan and noted the existing conditions. He commented that the building was sold in December of 2013 and that the site is currently vacant. He referred to the Planning Board recommendation and explained that this site would be a temporary location until the Petitioner moved to its permanent site at Colony Place. He explained that in order for the Petitioner to establish the dealership in Plymouth they had to have everything procured by the end of November. He concluded by noting that the site is 3.7 acres and that certain improvements would be made; however, the
existing footprint would not change.
Mr. Main was concerned that the request for the Special Permits was something that Town Meeting would have jurisdiction over. He did not believe the use was allowed even by Special Permit. Mr. Main believed the matter at hand is about changing the use. Mr. Main inquired about the temporary location and noted that he is concerned in the event Colony Place does not come to fruition.
Owner, Scott Schulman, commented that he had to procure a site within 24 to 36 months. He discussed his franchise agreement, Chrysler’s ability to pull the franchise agreement, and the definition of a temporary site location.
Mr. Keohan asked why the dealership just couldn’t move straight in to Colony Place. Mr. Schulman replied because he has to comply with timelines of the franchise agreement and leasing the Cherry Street property would allow him to stay in compliance with the agreement. Mr. Schulman noted that the lease ends in 2 years with a year option. Mr. Schulman stated that there is a lot to do with going in to Colony Place and that he can’t close on a Purchase & Sales Agreement until the franchise is permitted. He stated that there is a November deadline in order for him to get a dealer number which is why the turn key Cherry Street site is so imperative. He briefly discussed the 93B law. He closed by stating his hope is to start selling by November 1, 2014.
Jerry Seelen, Architect, reiterated that the Colony Place lot is vacant and the proposed location is vacant and is ready according to Chrysler’s standards. He reviewed landscaping and architectural plans.
Mr. Peck discussed language for conditions and having this Special Permit expire at a date certain so that the permit doesn’t stay with the property.
Mr. Schulman explained the franchise process and the guidelines that a car company has to go through to own a franchise and the state laws that they have to adhere to.
Public comment in favor: No one
Public comment in opposition: No one
The Chairman closed public comment.
The Chairman closed the public hearing. .
Mr. Main motioned to approve Special Permit for Case No. 3762 with conditions. Mr. Peck seconded.
Granted unanimously (5-0)
Other Business: Approval of August 20, 2014 ZBA Meeting Minutes
Mr. Main motioned for the Board to approve the August 20, 2014 Meeting Minutes as presented. Mr. Peck seconded.
Agreed unanimously (7-0)
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: October 1, 2014
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