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Zoning Board of Appeals Minutes February 18, 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, William Keohan, Edward Conroy, Michael Main, Mike Leary, and James Simpson

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:         Plymouth Pines LLC – Case # 3779
                        335 Carver Road
Modification of Comprehensive Permit Case No. 3329 to replace the current approved plan with the Final Plan Submission is hereby requested pursuant to requirements of 760 CMR 31.03 and Section III.E of the Comprehensive Permit

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
  • Deed recorded in BK 44194, PG 93
  • January 20, 2015 Letter from Freeman Realty
  • October 20, 2014 Letter from Freeman Realty
  • February 10, 2015 Planning Board comments (Revised on 2/18/2015)
  • January 26, 2015 Engineering comments
  • February 12, 2015 Response to Engineering Dept. Review Comments of January 26, 2015 from FST
  • January 28, 2015 Fire Dept. comments
  • January 30, 2015 West Plymouth Steering Committee comments
  • October 20, 2014 West Plymouth Steering Committee comments
  • August 22, 2014 Letter from ZBA granting transfer from Twin Pines to Plymouth Pines
  • ZBA Case No. 3329 Modification of Comprehensive Permit Decision
  • ZBA Case No. 3329 Comprehensive Permit Approved with Conditions
  • Aerial photo of subject property
  • Plans: (Dated 12/31/2014 and REVISED on 2/12/2015)
  • Existing Conditions Plan
  • Proposed Site Plan
  • Road Profile
  • Utility Plan
  • Drainage & Grading Plan
  • Emergency/Fire Access Turning Plan
  • Detail Sheet 1
  • Detail Sheet 2
  • Elevation & Floor Plans:
  • A-1     Elevations - Two Bedroom
  • A-2     Elevations - Three Bedroom
  • A-2.1   Elevations - Three Bedroom w/screened porch
  • A-3     Elevations - Three Bedroom w/walkout basement
  • A-4     Typical First Floor Plan
  • A-5     Plans – Three Bedroom w/walkout
  • A-6     Second Floor Plans – All Units
  • Landscape Site Plan:
  • L-2 – Entrance Layouts
  • L-3 – Typical Front Yard & Rain Gardens Planting
  • L-4 Backyard Layouts
Jim Freeman, Petitioner, provided a brief history of the project.  He discussed reviews with various Town Departments.  He highlighted recent changes to the plans including a reduction in unit count from 20 to 16 units and noted that some site reconfiguration was due to Fire Department radius changes.  He reviewed drainage and Landscape Site Plans.   He noted that the cottages will be a Nantucket Style and will be detached town-houses with a garage.  He reviewed the various floor plans and provided a quick overview of all the plans that were revised on 2/12/2015 and noted that construction will be completed in 4 phases.  

Michael Leary asked a question regarding septic systems to which Mr. Freeman stated that all distances and setbacks have and will be satisfied.   

Michael Main asked a question about the retaining wall to which Mr. Freeman stated they would be doing some additional plantings per abutters’ requests and that this would provide adequate screening.  He also noted that the height of wall is in order to minimize grading.  

David Peck noted that the elevation of the building was incorrectly labeled.  He asked about snow removal and asked for a drawing of a detailed plan for a snow storage area.  He reviewed the affordable housing component and the fact that all four affordable units are proposed as 2 bedrooms.  Mr. Freeman stated that the 2 bedroom units are more marketable and the Town was amenable to the change.  He noted that he would still need to get State approval.  

James Simpson asked about a playground for the back corner lot.  Mr. Freeman stated that it was the preference of the neighbors not to have a playground.  He commented that their target market is for empty nesters and senior citizens which is part of the reason the master bedroom is on the first floor.  He noted that the market price will be between $325K - $350K with the intent of keeping the association fees low.  He explained that the affordable aspect is a mathematical  calculation that is determined by the State.   

William Keohan inquired about the on-site bus shelter.  He stated should the modification be approved, he wanted to see the materials and specs for the bus shelter.  

Public comment in favor:  No one

Public comment in opposition: No one

The Chairman closed public comment.  

The Chairman closed the public hearing.   

The Board reviewed the request for Modification and discussed conditions.  They concluded that the Petitioner is to return for an informal hearing for the Boards approval of the following:    
  • Revised plans showing correct scale and elevations;     
  • Detailed plan depicting a snow storage area;                                    
  • Catalog cut depicting the bus shelter to be constructed at the entrance of the Site;
  • Documentation from the Plymouth Fire Department that they are satisfied with project as presented; more particularly the turning radius;                        
  • Documentation from Bruce Arons, Director, Economic Development, confirming recommendation that the affordable units will consist of four (4) two-bedroom units as opposed to a mixture of two and three bedroom units.  
Mr. Main motioned to approve Modification of Comprehensive Permit Case No. 3329 for Case No. 3779 with conditions as discussed.  Mr. Conroy seconded.  

Granted unanimously (5-0)

Public Hearing:         Southern Dunes LLC – Case # 3768
                        (Continued from January 7, 2015)
                        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  

The Board received the following documentation* for review of this case:  
  • Excerpts from January 7, 2015 ZBA Hearing
  • February 11, 2015 Engineering comments
  • February 5, 2015 Letter from McCarty Engineering RE Response to ENG 12/8/14 Comments
  • Memorandum of Understanding (not executed) between Town of Plymouth and Southern Dunes LLC
  • December 15, 2014 Letter from Green International Affiliates, Inc. RE Preliminary evaluation of Traffic Access
  • Traffic Peer Review dated December 24, 2014 from Vanasse & Associates Inc.
  • Deed of Easement
  • February 9, 2015 Memo from McCarty Engineering RE Summary of Plan Revisions
  • January 15, 2015 North Plymouth Steering Committee comments
  • February 4, 2015 Cover letter from Atty. Betters
  • Building Height Calculation Plan revised on February 9, 2015
  • Renderings of exterior building elevations
  • Perspective rendering prepared by the project Architect
  • Aerial photograph with overlaid topography
  • Existing Watershed Plan – Sheet 3 dated December 2, 2013 and revised on January 28, 2015
  • Proposed Watershed Plan – Sheet 4 dated December 2, 2013 and revised on January 28, 2015
  • February 6, 2015 Letter of support from Keith Buchanan
  • Special Permit Plans dated October 24, 2014 (Revised January 28, 2015):
  • Cover Sheet
  • Existing Conditions Plan dated April 13, 2006
  • Layout & Materials Plan dated 10/24/14 & Revised on 1/28/15
  • Grading & Drainage Plan dated 10/24/14 & Revised on 1/28/15
  • Utility Plan dated 10/24/14 & Revised on 1/28/15
  • Construction Details dated 10/24/14 – Sheet 5
  • Construction Details dated 10/24/14 – Sheet 6
  • Construction Details dated 10/24/14 – Sheet 7
  • Fire Truck Turning Plan dated 10/24/14 & Revised on 1/21/15
  • Plymouth Complex DSXO Layout dated 9/26/14
  • Layout & Materials Plan dated October 24, 2014 & Revised on 1/28/2015 & 2/12/2015
  • Fire Dept. comments
Atty. Robert Betters, representing Petitioner, reviewed excerpts of the minutes from the
January 7, 2015 meeting and addressed the 6 items of clarification that the Board requested.  He reviewed layout & materials plan that were revised on 2/12/2015.  He reviewed the building height calculation plan and closed by discussing the view corridor.  

Edward Conroy asked about dewatering of the site and utilities which Brian Marchetti satisfactorily addressed.  

Brian Marchetti, registered Professional Engineer, McCarty Engineering, Inc., explained that the dewatering will take place during the culvert relocation as is part of the construction process.  He articulated that Cold Spring Brook runs through a culvert that comes underneath building A and that the culvert will be relocated.  

David Peck asked about parking for the rail trail.  Atty. Betters commented that it is Town property and the Developer has agreed to construct and maintain parking for the rail trail for the use of Plymouth residents.    

Vcevy Strekalovsky, Architect, discussed views from Lothrop Street and reviewed topographical overlay.  He reviewed building elevations, A2 plan, and grades.  

William Keohan expressed his concern regarding site lines from Lothrop Street looking down at Water Street and the height in relationship to the neighborhood behind the project.  

Mr. Marchetti reviewed site lines for traffic safety concerns and noted that there are more than adequate site distances per Vanasse & Associates traffic peer review.  He also noted that the Town of Plymouth’s Engineering Department is also satisfied with Vanasse’s review.  
Mr. Peck asked about architect designs.  Mr. Strekalovsky commented that the final design will not change from what has been presented to the Board.  

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 Permits for Case No. 3768 with conditions as discussed.  Mr. Main seconded.  

Granted (4-1:  William Keohan in opposition)

Informal Hearing:        Jeannine Anderson Realty Trust & P.A. Landers, Inc. - Case # 3515
         143 Hedges Pond Road
         Condition #8(a) – Extension of excavation period

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

The Board received the following documentation* for review of this case:
  • Excerpts from the December 3, 2014 Informal Hearing
  • December 3, 2014 Letter from ZBA to Atty. Angley
  • January 16, 2015 Letter from Atty. Angley to ZBA
  • Case No. 3515 Decision
  • Case No. 3288 Decision
  • January 13, 2015 Peer Review from Beals & Thomas
  • February 10, 2015 Response from GAF Engineering RE Peer Review
  • February 12, 2015 Supplemental Review from Beals & Thomas
  • Anderson Bogs – Then & Now
Atty. Angley, representing Petitioner, reviewed the Beals & Thomas (B&T) Peer Review comments.  

Bill Madden, GAF Engineering, summarized the B&T Peer Review and presented his responses to the comments.  He highlighted 3 elements of outstanding matters that B&T suggested for review with the Zoning Board of Appeals.  He reviewed the physical elements of the project, slope conditions, and lack of impact and slope stabilization.  He discussed proposed woody vegetation.  

Peter Conner commented that he was expecting a topographical survey plan and noted that B&T was also.  Mr. Madden responded by stating that a topographical survey plan was not a requirement.  

Michael Main noted that during previous informal hearings he was explicit about wanting to know how much was open, how much was stabilized, and how much was partially stabilized.  Mr. Madden responded by summarizing the plan that was provided to the Board on August 20, 2014 that addressed all these concerns.  Mr. Conner concurred with Mr. Main.  

Michael Leary commented that the Special Permit was granted for no more than 5 acres being exposed at a time; and, that currently the project has exceeded those 5 acres by an additional 5+ acres.  In lieu of leaving the project as it is, he suggested that the Petitioner contribute additional money to the performance bond.  Mr. Madden responded and stated that they stopped moving material from the site, hydro seed will be done in the spring, and the open area has been reduced.  He explained that they are trying to bring this project in to compliance with the 5 acre limit.  

Edward Conroy commented that he wanted to see a topographical view of the open area and presented the option of granting an extension without shutting down the project.  

Mr. Madden commented that he would comply with providing an as-built plan.  

Mr. Landers recapped the January 2015 site visit and discussed the slopes and phases.  He reviewed the circumstances behind why he exceeded the allowable 5 acres.  

Atty. Angley clarified that the topo would be for Phase 3 & 4.  Mr. Main concurred.  

Mr. Conner stated he would also like to see a line depicting exactly where the boundaries are.  

Mr. Peck suggested an extension to at least October 31st so the Petitioner would have a full season to vegetate and allow for stabilization.  

Mr. Peck motioned to extend the Special Permit for Case No. 3515 until November 15, 2015 with a condition that the Petitioner create a topo survey plan for Phase 3 and Phase 4 areas showing disturbed areas, no disturb area setbacks, temporarily stabilized areas, permit boundaries, and permanently vegetated areas and present the plan to the ZBA at an informal hearing by July 1, 2015.  He also requested that the Petitioner present a letter confirming the truck route at an informal hearing before the ZBA no later than March 4, 2015.  Mr. Main seconded.  

Granted unanimously (5-0)

Informal Hearing:       Mann Farms, Inc. - Case # 3773
        810 Head of the Bay Road
Review of Condition No. 1 and Condition No. 18

Sitting:  Mr. Conner; Mr. Main; Mr. Conroy; Mr. Simpson; and Mr. Leary

The Board received the following documentation* for review of this case:
  • Excerpts from the January 21, 2015 Public Hearing
  • Case No. 3773 Decision
  • January 26, 2015 Cover Letter from GAF Engineering
  • DWG. 1 of 2 – Earth Removal Permit Plan dated 9/18/14 & REV. 1/26/15
  • DWG. 2 of 2 – Earth Removal Permit Plan dated 9/18/14 & REV. 1/26/15
Bill Madden, G.A.F. Engineering, representing Petitioner, reviewed the outstanding conditions of the Special Permit and presented a revised plan that satisfied said conditions.  

Mr. Main motioned to accept the revised Site Plan and hereby stated that Conditions No. 1 and No. 18 have been met.  Mr. Simpson seconded.  Granted unanimously (5-0)

Other Business:         Approval of January 21, 2015 ZBA Meeting Minutes

Mr. Leary motioned for the Board to approve the January 21, 2015 Meeting Minutes as presented.  Mr. Main seconded.

Agreed unanimously (5-0-2: Abstention – Mr. Peck and Mr. Keohan)

Other Business:         Approval of February 4, 2015 ZBA Meeting Minutes

Mr. Keohan motioned for the Board to approve the February 4, 2015 Meeting Minutes as presented.  Mr. Simpson seconded.

Agreed unanimously (5-0-2: Abstention – Mr. Peck and Mr. Main)

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:  March 4, 2015