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Planning Board Minutes November 2, 2009
These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting. – Open Meeting Law – Section III.

Board Members: Marc Garrett, Malcolm MacGregor, Paul McAlduff, Larry Rosenblum, and Bill Wennerberg
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann
Recording Secretary: Eileen Hawthorne

Administrative Notes:
Minutes:
The Board approved the minutes of October 9, 2009 as presented.  
The Board approved the minutes of October 19, 2009 as presented.  

BOA 3555 – Rich and Lori Gilmartin (11/18)
        324 Raymond Road/Map 123, Lot 1P-1117
The Board recommended approval of BOA 3555 – Rich and Lori Gilmartin, 324 Raymond Road, Map 123, Lot 1P-1117 – Special Permit to vary the side setback requirements in order to construct a 24’x24’ garage.

The Board approved the endorsement of the subdivision plans and covenant for B515 – Nestle Down.  

The Board approved the following ANR Plan for signature by the Clerk:
A4349 – Augustino Diodato, Tilton & McKay Streets, Map 27: Combine Lots 55-211 - 55-214 into lot 55-300 (10,000 sf) and Lots 55-201 – 55-210 into lot 55-301 (23,282 sf).

Paul McAlduff moved for the Board to approve the Administrative Notes.
Marc Garrett commented that he would vote in favor of the endorsement and covenant for B515 – Nestle Down, but he was not in favor of the change to the curbing that was approved.  
The vote was unanimous (5-0).  

B517 – Great South Pond Place
Lee Hartmann presented a request to alter the building envelope for Lot 57C on Map 87.  The building envelope has been reconfigured and is smaller than originally approved.   
Malcolm MacGregor moved for the Board to approve the change to the building envelope on Lot 57C; the vote was unanimous (5-0).  

Appointment     
        Manomet Steering Committee
Larry Rosenblum moved for the Board to make the appointment to the Manomet Steering Committee at a future meeting when both candidates could be present; the vote was (2-3) with Mr. Rosenblum and Paul McAlduff in favor.  The motion did not pass.  
The vote to appoint James Hoagland was (3-1-1) with Paul McAlduff in opposition and Larry Rosenblum in abstention.  

Appointment – Village Crossing
        Phase 3 Modifications   
Lee Hartmann informed the Board that the proponents have asked for additional time to put information together to present to the Board.  The presentation will be made at the November 9, 2009 meeting.  

BOA 3556 – Joseph and Jeanne-Marie Woods (12/2)
        65F Taylor Ave, Map 45C, Lot 35
Mark Flaherty presented a request for a special permit to demolish and rebuild a non-conforming structure and to waive the front side and rear setbacks in order to construct a two-story, two bedroom cottage on a 1, 651 sq. ft. lot.  The footprint will remain at 500 ft.  The existing cottage was damaged extensively by a recent electrical fire.  A portion of the cottage is on the 9 ft. right of way.
Lee Hartmann presented photographs of the area showing the Town owned conservation land to the south.  The property is in the second row of houses on the beach.  The Fire Chief has submitted a letter regarding how difficult it was to fight the fire and how difficult it is to get to the site.  Staff is recommending against the expanded square footage which will make the dwelling more of a year round use and will be a hazard to the area.  The area is subject to flooding and difficult to access in event of an emergency.  
Paul McAlduff was supportive of the Fire Chief’s position.  
Malcolm MacGregor agreed that the proposal was a public safety issue.
Larry Rosenblum was concerned with the access, public safety and environmental issues.  
Bill Wennerberg supported the Fire Chief’s position.   
Marc Garrett was concerned with enlarging the structure, the access and the property being in a VE zone.  He stated that he would be supportive of rebuilding the same square footage to make the structure more conforming.  
Tim Grandy was concerned with going from a half bath to two full bathrooms and the septic system that would be required.  He was also concerned with public safety.   
Paul McAlduff moved for the Board to recommendation denial to the Zoning Board of Appeals; the vote was unanimous (5-0).  

BOA 3558 through 3563 (11/18)
        Multiple Churches/Locations
Atty. Edward Angley presented the request for special permits to house the homeless for a week at a time in six various churches:  St. Mary’s Church, First Parish Church, Church of the Pilgrimage, First Baptist Church, Zion Evangelical Lutheran Church, and Christ Church.  Beis Jacob Synagogue has withdrawn their request to participate in this petition.  The buildings meet the safety codes.  Homeless men will be housed overnight and fed at each church for one week on a rotating basis.   
Lee Hartmann stated that the staff recommendation includes the Synagogue which will be deleted.  The proposal is for housing on a rotating basis in the cold winter months only.  The buildings are in compliance with all fire, health and building codes.  
Paul McAlduff was fully supportive.
Larry Rosenblum was supportive, but asked if there are any protocols that apply to each shelter.  
Constance Melahoures, Task Force for the Homeless stated that they meet the men at St. Peter’s Church every evening to screen for those that are appropriately behaved.  The men are brought to the shelter, served a hot meal, and given a place to sleep.  Two volunteers chaperone each night.  There is a family shelter on Rte 80 and women are referred to other area shelters.  The goal is to get everyone off the streets eventually.   The rotation normally runs from the end of October through April.  
Tim Grandy asked why shelter was only provided during the cold weather months.
Ms. Melahoures stated that given the resources the shelter is provided during the winter months so people don’t die on the streets.  She also noted that it is important not to burn out the volunteers.    
Malcolm MacGregor moved for the Board to recommend approval to the Zoning Board of Appeals based on the following:
The proposed use, temporary shelters, is appropriate within the TC, GC and R-20SL Zones.  Since the use is temporary, week-long use on a rotating basis, its use will not negatively affect the residential character of the neighborhood.
Adequate and appropriate facilities are in place for proper operation of said use provided the facilities comply with all health, building and fire safety codes.
The temporary shelters will not be a hazard to pedestrians or vehicles.
Since the use is temporary, it will not be a nuisance and/or have an adverse effect on the neighborhood.
The vote was unanimous (5-0).  

Other Business:
Larry Rosenblum moved for the Board to hold a site visit at B487 - Ellis Estates on Sunday, November 8, 2009 at 9:00 a.m.; the vote was unanimous (5-0).  

Marc Garrett reminded the Board about the joint meeting on Tuesday, November 3, 2009 with the Board of Selectmen, School Committee, Council of Aging and Emergency Management.    

Paul McAlduff moved for staff to forward a letter from a concerned resident regarding the lack of lighting on the temporary meteorological tower off Mountain Hill Road to the Zoning Board of Appeals and the Building Commissioner; the vote was unanimous (5-0).     

Malcolm MacGregor moved to adjourn at 7:48 p.m.; the vote was unanimous (5-0).  

Respectfully Submitted,




Eileen M. Hawthorne                                             Approved: November 16, 2009
Administrative Assistant