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Zoning Board of Appeals
Minutes
January 7, 2015
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, Mike Leary, and James Simpson
Recording Secretary: Tracey McCarthy
Mr. Conner called the meeting to order and explained the procedures for the evening.
Public Hearing: Southern Dunes LLC – Case # 3768
216 Water Street
Special Permit per Section 205-46, Paragraph C5, subject to Environmental Design Conditions, including waivers of any dimensional or other requirements; Special Permit per Section 205-71 for inclusionary housing; Special Permit per Section 205-25, Paragraph A3, to alter, extend, construct, reconstruct, enlarge and/or move a pre-existing non-conforming use and/or lot and structures; Special Permit per Section 205-23, Paragraph A3, to modify parking and other standards, if needed; and/or Modification of the Special Permits and other relief granted in the decision of the Plymouth Zoning Board of Appeals in Case No. 3379 in order to construct forty-two (42) residential units.
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 Requirement
- ZBA Petition Application
- Dept. of Inspectional Services Denial dated December 10, 2013
- Deed recorded with Plymouth County Registry of Deeds in BK 33543, PG 107
- Narrative
- Environmental Impact Statement & Environmental Impact Statement Responses
- ZBA Case No. 3733 Withdrawal
- ZBA Case No. 3379 Decision
- Site/Unit Plan dated August 7, 2006 prepared by TLCR Architecture
- December 16, 2014 Planning Board comments
- November 24, 2014 Fire Dept. comments
- December 8, 2014 Engineering Dept. comments
- October 24, 2014 Letter from McCarty Engineering RE Response to Engineering December 11, 2013 Comments
- December 9, 2014 Supplemental Peer Review from Beals & Thomas
- October 24, 2014 Letter from McCarty Engineering RE Response to Beals & Thomas January 6, 2014 Comments
- January 6, 2014 Peer Review from Beals & Thomas
- Memorandum of Understanding dated December 3, 2013 between Plymouth Office of Community Development and Southern Dunes LLC
- L1 Planting Plan dated October 24, 2014 – Sheet No. 1
- L2 Plant List, Planting Notes, & Plant Details dated October 24, 2014 – Sheet No. 2
- Conceptual Site Layout ALT.4 dated October 11, 2013
- Site Photos & Schematic Details dated September 5, 2014
- Proposed Elevations – West, East, and North – dated 11-27-2013 prepared by Margolis & Fishman, Inc.
- Elevation Options dated 9-25-2013 prepared by Margolis & Fishman, Inc.
- Elevations dated July 24, 2006 prepared by TLCR Architecture
- Building A – North Elevation
- Special Permit Plans:
- Cover Sheet
- Sheet 1 Existing Conditions Plan dated April 13, 2006
- Sheet 2 Layout & Materials Plan dated October 24, 2014
- Sheet 3 Grading & Drainage Plan dated October 24, 2014
- Sheet 4 Utility Plan dated October 24, 2014
- Sheet 5 Construction Details dated October 24, 2014
- Sheet 6 Construction Details dated October 24, 2014
- Sheet 7 Construction Details dated October 24, 2014
- Sheet 8 Fire Truck Turning Plan dated October 24, 2014
- Sheet 9 Site Photometric Plan dated September 26, 2014
- December 29, 2014 letter from Withington and Betters to JB, Director of Public Works RE Easement
- December 24, 2014 letter from Vanasse & Associates, Inc. to Lee Hartmann RE proposed location of the easternmost driveway on Lothrop Street
Atty. Robert Betters, representing Petitioner, introduced case participants and their roles relative to the project. He recapped series of the Special Permit requests and he reviewed the history and existing conditions of the site. He highlighted a comparison of the 2006 approved development to 2014 proposed development. He reviewed parts of the Planning Board recommendation. He reviewed proposed use for this site. He noted that this project is consistent to the Master Plan for the downtown area. He outlined Beals & Thomas peer review and the Fire Department’s comments. He expressed that he had no problem with the 11 conditions recommended by the Planning Board.
Brian Marchetti, registered Professional Engineer, McCarty Engineering, Inc., reviewed site plan, grades, buildings, lighting, and parking. He noted access to the site and height of the walls. He stated site will have public sewer and public water. He stated that all traffic components have been reviewed with Beals & Thomas and there are no problems. He explained that the site has been laid out to be user friendly; that there are sidewalks all throughout the site; and the intention of the site is to revitalize the waterfront.
Jon Henson, Landscape Architect, reviewed conceptual site layout and landscaping. He reviewed planting plan and plantings along Lothrop Street and Water Street. He noted that the interior courtyard will be green space and he reviewed plantings for that area and plantings for the parking area. He noted that the site has an interconnection walkway system without leaving the site. He reviewed two components of the site – residential and introduction to the rail trail.
William Keohan expressed concerns with grades, landscaping, parking, and the height of the building as it relates to the newly created retaining wall. He also expressed concerns about the sight lines at Lothrop and Water Street looking north being more detrimental due to the creation of this retaining wall. He wanted to understand rationale behind the Rail Trail component of the project. His concern was the condo association parking encroachment.
David Peck questioned grades and building heights. Atty. Betters addressed grade and noted this matter would be addressed more definitively during the construction plan stage.
The Board raised concern regarding change in architect to which Atty. Betters stated was a personal choice on behalf of the Petitioner.
Michael Main asked for clarification regarding the December 29, 2014 letter from Atty. Betters to Director of DPW. Atty. Betters explained that since the letter was sent, the Petitioner has agreed to allow the town access to the site and has agreed to contribute $2,000.00 to the Town; therefore, resolving the issues between DPW and the Petitioner. Mr. Main asked about the river that runs under the site and expressed his concern with the dewatering part of the project. He suggested bond assurance and that the bond would be released once the dewatering process has been successfully completed.
Patrick McCarty, McCarty Engineering, reviewed the culvert. He noted that it comes through the site and Water Street and out to the harbor. He stated that they are proposing to dig up the culvert and set a structure over it and create a u-shape diversion structure. He reviewed flow diversion and culvert specs.
John Iredale, Owner, The Karsten Company, recapped the review process and Boards, Committees, and Departments that have reviewed this project. He noted his target market.
Edward Conroy revisited the matter regarding bond assurance. Michael Leary commented that a bond would be set by Director of Inspectional Services. Petitioner stated they would be amenable to this being a condition of the Special Permit.
Vcevy Strekalovsky, Architect, explained how the height was determined.
Bill Scully, Director of Transportation Planning, P.E., Green International Affiliates, Inc, addressed concern about sight lines from Lothrop Street on to Water Street looking down toward Nelson Park. He stated that their review had sufficient sight distances for safety issues. He reviewed site parking and visibility from turning from Water Street on to Lothrop Street and expressed he does not believe there would be any safety issues. He noted that there will be no landscaping and no major signs at that corner for safety issues and sight line reasons.
Mr. Conroy addressed item #4 of the December 8, 2014 DPW comments. Atty. Betters noted that a condition to satisfy this matter has been suggested by the Planning Board. Nonetheless, Mr. Conroy wanted to see a satisfaction notation prior to the condition.
Mr. Keohan revisited the rail trail matter and reviewed a payment in lieu of as a possibility. Atty. Betters articulated the origin of the rail trail and noted that the rail trail was at the request of DPW.
Mr. Scully reviewed how other towns respond to parking in relation to rail trails.
Public comment in favor: Kevin O’Reilly, Chamber of Commerce; Patrick Mulvey-Welsh, 16 Murray Street; Peter Forman, South Shore Chamber of Commerce; James Benedict, Chairman, Downtown Plymouth Steering Committee; Dean Rizzo, Plymouth Redevelopment Authority.
Public comment in opposition: Everett Malaguti (objection to rail trail component); Martin Drilling, 10 Lothrop Street; Mary Joyce, 4 McKinley Avenue (concerned about height and also concerned about traffic impact study); Ellen Slaney, 20 Lothrop Street (concerned about traffic and life impact from apartments); Karen Monteiro, 17 Lothrop Street (concerned about density and believed it will be detrimental to the area).
Board stated they wanted clarification of the following:
- Letter from DPW or signoff that comments are satisfied.
- Fire Department turning radius addressed and satisfied
- Clear understanding presented to the Board where the elevation is going to be taken from and what it needs to be in order to meet the 35’ requirement.
- Wants to know mechanics of a surety bond for dewatering and utilities for site preparation.
- Clarification and documentation of easement over culvert and acceptance by DPW regarding Petitioner’s offer to dismantle wall.
- Clarification as to what the exact height of the buildings will be.
Mr. Keohan motioned to continue Special Permits for Case No. 3768 to February 18, 2015 @ 7:45 p.m. Mr. Main seconded.
Granted unanimously (5-0)
Public Hearing: Plymouth Fire Dept. – Case # 3770
260 Old Sandwich Road
Special Permit per Section 205-17 I (1&2); and, a Special Permit per Section 205-40 D(5) subject to Environmental Design Conditions in order to erect a communications tower.
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 Requirement
- ZBA Petition Application
- Dept. of Inspectional Services denial dated 10/28/2014
- August 12, 2014 Memo from Fire Dept. to Advisory & Finance
- Town of Plymouth Capital Improvement Plan Request Form
- September 9, 2014 Memo to Board of Selectmen from Pamela Hagler
- FY15 Capital Improvement Plan, FATM Capital Improvements Committee Recommendations dated September 8, 2014
- Environmental Impact Statement
- November 25, 2014 Planning Board recommendation
- December 10, 2014 Engineering Dept. comments
- Design Profile dated September 27, 2012
- Picture of gate at Town of Marshfield site
- Picture of Communications Tower erected in Marshfield
- Proposed Parcel plan dated June 26, 2013
- Plan A4499 – Plan of Land dated September 16, 2014
Fire Chief Ed Bradley reviewed the request for Special Permits and the history of obtaining the parcel. He noted that the tower will be for the police, fire, and public safety partners and that the new system will be more robust. He noted that the new tower will be self-supporting and would twist and bend if it should collapse and therefore would not fall full length. Chief Bradley, responding to a question asked by the Board, stated that the existing tower will remain at its current location because it belongs to the State.
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. 3770 with conditions per Planning Board recommendation. Mr. Main seconded.
Granted unanimously (5-0)
Public Hearing: Marcel Masse – Case #3769
53 & 61 Main Street
Special Permit per Section 205-23, Paragraph A3 to waive off street parking; and, a Special Permit per Section 205-17, Paragraph I1 to exceed height requirements.
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 requirement
- ZBA Petition Application
- Dept. of Inspectional Services denial for 53-5 Main St. dated November 14, 2014
- Dept. of Inspectional Services denial for 59 Main St. dated November 14, 2014
- October 20, 2014 Letter to Inspectional Services Dept.
- Parking Calculations from BOJ Construction
- Unofficial Property Record Card – PID# 020-000-054A-001
- Unofficial Property Record Card – PID# 020-000-044E-000
- November 25, 2014 Planning Board recommendation
- November 25, 2014 Fire Dept. comments
- December 1, 2014 Engineering Dept. comments
- May 21, 2014 Historic District Commission Certificate of Appropriateness
- Form B – 53-57 Main Street
- May 2, 2014 Plymouth Center Steering Committee comments
- Plan of Land dated June 20, 2014
Nehemiah Jayne, BOJ Construction, representing Petitioner, reviewed the floor plans, elevation plans, and presented slides on current conditions. He noted they want to preserve the historical architectural for their design. He provided a brief history of the building and showed historic photos. He noted the height issue stems from the elevator shaft and that is because they are going to maintain it and try to make it more architecturally appealing. He stated the height change is from the currently 42.4’ to a projected 48.4’. He presented the proposed building design including front elevation, south elevation, side elevation, rear elevation, alley elevation, proposed first floor, and theatre. He reviewed proposed conditions and hours of operation. He noted peak of
parking in the area is on Friday and Saturday nights and that they will be closed Friday evening until noon on Sunday. He stated they have discussed parking with John Burke, director of Park Plymouth.
Mr. Conner commented that the plan of land submitted was not stamped by a surveyor and this is required. The Board requested that the Petitioner return with certified stamped plans; including both a Plan of Land and Architectural plans. The Board also asked for clarification of the elevations. The Board concluded that the plans as presented are conceptual at best and without definitive plans it would be difficult for them to make a decision.
Mr. Main motioned to continue Special Permit for Case No. 3769 to March 4, 2015 at 7:30. Mr. Peck seconded.
Granted unanimously (5-0)
Public Hearing: King – Case # 3771
67 John Alden Road
Special Permit per Section 205-43 & Table 5 to waive front & side setback requirements; and, a Special Permit per Section 205-25, Paragraph A3 to enlarge a non-conforming structure in order to convert a 12x12 portion of a deck to an addition and the remaining 12x12.4 deck convert to a porch.
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 November 6, 2013
- Certificate of Title recorded in BK 517, PG 39 – Cert. No. 103439
- December 16, 2014 Planning Board comments
- November 19, 2014 Engineering Dept. comments
- December 15, 2014 Fire Dept. comments
- Site Photos dated December 1, 2014
- Site Map dated November 19, 2014
- ZBA Petitioner’s Plan dated November 8, 2014
Randy Parker, Land Management Systems, representing Petitioner, reviewed the request for Special Permits and reviewed the existing and proposed conditions. He presented the building elevations.
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 the Special Permits for Case No. 3771 with a corrected plan showing the corrected elevation of the foundation. Mr. Main seconded.
Granted unanimously (5-0)
Other Business: Approval of December 3, 2014 ZBA Meeting Minutes
Mr. Peck motioned for the Board to approve the December 3, 2014 Meeting Minutes as presented. Mr. Main seconded.
Agreed unanimously (5-0-2 with William Keohan and James Simpson in abstention)
Mr. Main motioned to adjourn the meeting. Mr. Conroy seconded. Agreed unanimously (7-0)
*On file with the Zoning Board of Appeals in project case files.
Respectfully Submitted
Tracey McCarthy
Administrative Secretary
Approved: January 21, 2015
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