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Zoning Board of Appeals Minutes September 3, 2014
Zoning Board of Appeals
Minutes
September 3, 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:         Michael & Debra DiTullio – Case # 3753
                        116 Warren Avenue
Special Permit per Section 205-43 & Table 5 to waive side setback requirements in order to construct a new stone deck, new overhead canopy, new counter space, and new 6’ fence

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 dated 6/16/2014
  • Deed recorded with the Plymouth County Registry of Deeds in BK 37377, Page 298
  • Planning Board comments dated August 5, 2014
  • Engineering comments dated July 10,2 014
  • Fire Dept. comments dated July 24, 2014
  • August 6, 2014 Letter of support from Albert & Carol Smith
  • Unofficial Property Record Card
  • Site Map
  • Figure 1 Photos
  • Conservation Submission Plan dated May 15, 2009
  • Proposed Layout dated July 1, 2014
Peter White, ZEN Associates, Inc., representing Petitioner, reviewed Plan and discussed existing and proposed conditions.  He explained that the new stone will match what is currently there and that the canopy is for shading.  

David Peck asked about drainage coming off the canopy.  Mr. White stated it will pitch off the side and drain over the new fence.  The water will flow into an existing 18” swale.  

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. 3753 with standard conditions.  Mr. Peck seconded.  

Granted unanimously (5-0)

Public Hearing:         Salvation Army – Case # 3756
                        278 Court Street
Special Permit per Section 205-23, Paragraph K1B & K2 in order to obtain a parking waiver

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 dated June 19, 2014
  • July 2, 2014 letter from Triffletti & Costa, P.C. – cover letter
  • July 2, 2014 letter from Triffletti & Costa, P.C. – memorandum in support of SP Application
  • Transfer Certificate of Title No. 36535
  • Planning Board comments dated August 5, 2014
  • Engineering Dept. comments dated July 16, 2014
  • Fire Dept. comments dated July 24, 2014
  • North Plymouth Steering Committee comments dated July 14, 2014
  • North Plymouth Steering Committee comments dated July 9, 2014
  • Unofficial Property Record Card
  • Site Map
  • Figure 1 pictures
  • Proposed Site Plan dated July 28, 2014 and prepared by Fay, Spofford & Thorndike
  • Opposition letter from the residents of North Plymouth
  • August 25, 2014 letter from Kathy McCarty
  • Opposition signatures
  • Opposition letter from concerned citizens (Addendum to letter)
  • Opposition letter from concerned citizens (Another Addendum to letter)
  • Opposition letter from Ian Paskowski
Attorney Allan Costa, representing Petitioner, provided a general overview of Salvation Army’s mission.  He noted the reason they are before the Board is solely for a parking waiver; however, he thought it was relevant to review their mission.  

Lt.  Ben Lyle, Corporate Officer, Salvation Army, explained the services that the Salvation Army provides and their intention for the relocation is in hopes to serve Plymouth more efficiently.  He noted the Salvation Army recently completed an extensive program study which determined that North Plymouth was an ideal location – largely because 40% of the people they serve are from North Plymouth.  He expressed that first and foremost they are a place of worship and everything else is secondary.  He articulated the programs/services and hours of operation for each.  He read a letter of support from Alice Wood Chisholm.  He closed by stating the Salvation Army has been serving since 1884 and they are a force for good in the neighborhood.  

Atty. Costa noted their current location is on top of Coles Hill and the proposed site is attractive because there will be no expansion of the existing footprint and that any alterations will be internal only.  He reiterated the reason for being before the Board was for a parking waiver.  He reviewed existing and future parking conditions at the proposed site.  He noted their current site has 12 spaces and that those spaces are never filled.  

Mr. Main asked for the total seat capacity at proposed location.  Lt. Ben Lyle replied that the total seat capacity would be 131.  

Public comment in favor:  Enzo Monte, North Plymouth Steering Committee; Mike Ellis; and, 2 Salvation Army employees.    

Public comment in opposition:  Ian Paskowski; Charlie Fosdick; Kathy McCarty; Mike Faut; George Silva; Frank Silva Jr.; Tim Cleland; Christine Pratt – Town Meeting Member, Precinct 1; Chris Brody representing Robins Thorp Association; Kerry Paskowski; Paul Squarcia; Lisa Cleland; Lisa Fosdick; Everett Malaguti; Cindy Silva; Jim Malloy; Luigi Anoli; Bill Hickey; Joan Thompson-Stein; Tricia Koylion.  

The Chairman closed public comment.  

Atty. Costa reviewed hours of operation and programs for the Salvation Army.   He referred to parking table in Bylaws.  

Lt. Lyle reviewed current parking situation.  

The Chairman closed the public hearing.   

Paul McAuliffe discussed parking formulas and grandfathering under the current zoning Bylaw.   He explained about change of use and that this property is grandfathered for 54 parking spaces.  He concluded that the parking waiver is for the difference between 54 and 82 not 22 and 82 spaces.    

Ed Conroy discussed use and noted that the property is located in a residential commercial zone and that churches and places of worship are allowable uses in this zone.  He mentioned M.G.L., Chapter 48, Section 3 and noted that religious organizations are exempt from strict compliance with parking and are subject to only reasonable regulations concerning parking and that the real question to ask is what the Salvation Army is proposing to do, is it reasonable?  He also discussed if this Special Permit was granted would the proposed entity be detrimental in comparison to the existing entity.  He reviewed hours of operation and programs.  He discussed overflow parking and believed there would be no overflow situation.   He did not believe granting this Special Permit would create a parking problem and he was in support of granting the waiver.

Michael Main stated he is comfortable with the use and sees no problem with the parking.  He expressed some concern should the Salvation Army expand; nonetheless, he supported the petition.  

David Peck stated after reviewing the plans he believes the Petitioner is expanding because the proposed location is larger than their current location.  He believes the parking situation could present a future problem.  He reviewed current programs and stated that if this petition was approved certain conditions would have to be considered such as limitation to parking, times, and amount of people allowed in the building.  He expressed his concern with Salvation Army’s programs not being in harmony with the parking situation and believes that there will be more demand on transportation with their relocation.  He did not support this petition because he believed the programs will only grow with the design.  He believed the parking will be an issue and that it will have an impact on the neighborhood.  He concluded by noting the reality is that there are only 22 parking spaces which will present a burden on the neighborhood.

William Keohan discussed the allowable use and activity in relation to the parking.  He reviewed Salvation Army’s current programs and did not believe the parking situation at the proposed location will worsen or have a negative traffic impact on the neighborhood.  He discussed potential shortcomings of the 28 parking spaces; however, he did not believe the programs being offered will happen all at once and have any impact on the parking.  He discussed the possibility of paying in to the parking fund or even the possibility of designating funds for signage.  He supported this petition with consideration being given to these possible conditions.  

Lt. Lyle commented that no additional programs will be added and the purpose for relocating is for the functional space.  

Peter Conner reviewed building use and the request for the parking waiver.  He did not believe the parking situation would have any impact on the neighborhood and for that reason he believed the relocation would work.  He supported the Special Permit request.  

The Board discussed proposed conditions and concluded that further restrictions would not be conducive given the use.  

Mr. Main motioned to approve Special Permit for Case No. 3756 with the three (3) conditions outlined in the Planning Board recommendation.  Mr. Keohan seconded.  

Granted (4-1) (David Peck in opposition)

Public Hearing:         McDe Realty – Case #3758
                        2240 State Road
Special Permit per Section 205-19-1 to exceed size in order to construct & install a permanent identification pylon sign & to waive Section 205-19(D)(4)

Mr. Keohan, the Clerk, read the legal advertisement into the record.

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

The Board received the following documentation* for review of this case:  
  • Notice of public hearing
  • ZBA Petition Application
  • Dept. of Inspectional Services denial dated July 30, 2014
  • Deed recorded in BK 35014, PG 116
  • Planning Board comments dated August 19, 2014
  • Engineering Dept. comments dated July 25, 2014
  • Cedarville Steering Committee comments dated August 29, 2014
  • Fire Dept. comments dated July 29, 2014
  • Road Sign Proposal – Style 40 SF dated 7/8/14
  • Pylon Sign
  • ZBA Case No. 3744 Decision
  • March 5, 2014 Letter from Peter Conner, ZBA Chair
  • Figure 1 pictures
  • Proposed Pylon Sign plan dated February 28, 2014
Attorney Ed Angley, representing Petitioner, introduced the property owners and then reviewed the sign petition.  He introduced the site plan and showed the location of the proposed sign and sign specifications.  He referred to the Planning Board recommendation and reviewed allowed uses for this property.  He discussed travel conditions of location.  He presented the material and color of the proposed sign as white, black, grey, and gold.  He discussed current signs along State Road and their close proximity to this location.  

Mr. Main brought up a drainage issue and asked if the Petitioner is still operating under a temporary occupancy permit.  Mr. McAuliffe expressed they were.  Mr. Main mentioned that trees are not planted yet and he would like to see something finished before moving forward.  Mr. Main asked if there was a set period for a temporary occupancy permit to which Mr. McAuliffe replied no.  Atty. Angley stated that the drainage is in as designed.  Atty. Angley stated that Ted Bubbins, Plymouth’s Tree Warden, is responsible for planting the trees.  Mr. Leary asked Mr. McAuliffe why the Petitioner is operating under a temporary occupancy permit.  Mr. McAuliffe noted it’s temporary due to drainage issue.  Mr. McAuliffe stated a document exists about the tree hearing and the Town’s responsibility for planting the trees.  

Public comment in favor:  No one

Public comment in opposition: No one

Michael Leary supported the petition as presented and believed this location needs this size sign.  

Michael Main supported the Bylaw and believes that a 20 sq. ft. sign would be appropriate.  He did not support the Petitioner’s request for a 40 sq. ft. sign.  

David Peck supported the 40 sq. ft. sign and noted that this size is a reduction from the original request.  He believed a sign of this proportion is needed at this location.  

Edward Conroy supported the Petitioner’s request.

Peter Conner supported the Petitioner’s request.  

The Chairman closed public comment.  

The Chairman closed the public hearing.   

Mr. Peck motioned to approve Special Permit for Case No. 3758 as presented.  Mr. Leary seconded.  

Granted (4-1) (Michael Main in opposition)

Public Hearing:         Marlete Tringale – Case # 3760
                        116 Court Street, Unit 1
Special Permit per Section 205-48, Paragraph C2 in order to operate a beauty shop

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

Mr. Main read the legal advertisement into the record.

The Board received the following documentation* for review of this case:  
  • Notice of public hearing
  • Signage Requirement Pictures
  • ZBA Petition Application
  • Dept. of Inspectional Services denial dated June 19, 2014
  • Unit Deed recorded in BK 18758 PG 314
  • Planning Board comments dated August 19, 2014
  • Engineering Dept. comments dated August 11, 2014
  • Fire Dept. comments dated August 5, 2014
  • Property Card
  • Letter of support from Joseph Santelli
  • P&S Agreement dated June 4, 2014
  • Handwritten interior layout
  • Unit 1 interior layout dated October 15, 1985
  • Site Map
  • Site Photos – Figure 1
  • Plan dated July 27, 2014 and prepared by Land Management Systems, Inc.
Marlete Tringale, Petitioner, discussed existing conditions.  She explained her need to move is because the landlord sold her current business location.  

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. 3760 with conditions as recommended.  Mr. Main seconded.  

Granted unanimously (5-0)

Other Business:         Approval of August 6, 2014 ZBA Meeting Minutes

Mr. Main motioned for the Board to approve the August 6, 2014 Meeting Minutes as presented.  Mr. Peck seconded.

Agreed unanimously (7-0)

Other Business:         Case No. 3515
                        Jeannine Anderson Realty Trust & P.A. Landers
                        143 Hedges Pond Road

The Board reviewed the September 3, 2014 letter from Paul McAuliffe to the property owners.  Mr. McAuliffe stated the property owners have more than 5 acres exposed.  He reviewed Existing Conditions Plan dated August 22, 2014.  

Other Business: Case No. 3454 and Case No. 3623
Plymouth Regional Economic Development Foundation, Inc.
Hedges Pond Road

Mr. McAuliffe reported that the site will be closed up by October 15, 2014; and, asked that the Petitioner provide a letter to support this closing.  
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