These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting. – Open Meeting Law, G.L. c. 30A § 22.
Board Members: Marc Garrett, Paul McAlduff, Bill Wennerberg, Tim Grandy, and Malcolm MacGregor
Planning Board Alternate: Ken Buechs
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes:
May 14, 2012
Paul McAlduff moved for the Board to approve the minutes of May 14, 2012* as presented, Bill Wennerberg, second; the vote was unanimous (5-0).
ZBA 3670 – Laurie J Devitt, 243 Water St, Map 12, Lot 27 – SP to enlarge, reconstruct a non-conforming structure/use
The Board received the following documentation* for the review of this case:
Staff Report
Locus Maps
Architectural Designs dated 4/13/12 and 4/30/12
Site Plan dated 3/30/12
Malcolm MacGregor moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The covered porch shall not be enclosed for use as living space without further modification of this special permit.
Prior to issuance of a Building Permit for the residence:
A Municipal Lien Certificate shall be provided to the Building Commissioner as evidence of payment of any back taxes, fees or penalties owed to the town, if any; and
Evidence of recording of this Special Permit at the Plymouth County Registry of Deeds or the Land Court shall be presented to the Building Inspector, and the plan shall be recorded with the Special Permit.
Paul McAlduff, second; the vote was unanimous (5-0).
ZBA 3672 – Meetinghouse Group Realty Trust, 1041 Bourne Rd, Map 128, Lots 37-8 and 36-1Z – SP to waive accessway requirements
The Board received the following documentation* for the review of this case:
Staff Report
Locus Map and Site Photographs
Sewerage Disposal System Plan dated 3/19/12
Zachary Basinski, Bracken Engineering, presented the request for a special permit in order to raze an existing single family home and reconstruct a single family home on property that is bisected by a paper street. The location of the proposed structure would be accessed using the existing access off Bourne Road. The applicant did consider constructing the house on the northern side of First Street, but the southern location allows for compliance with setbacks, installation of a septic system and a potential for solar to the rear of the proposed dwelling.
Lee Hartmann noted that for building purposes the site is considered one lot and would only support one dwelling. A portion of the property was purchased from the Town. The driveway will cross First Street out to Bourne Road. Others may have rights to construct the road and to pass/repass on First Street.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Issuance of zoning permit or building permit for the proposed work shown on the plans shall constitute exercising of this special permit.
Prior to issuance of an Occupancy Permit for the residence:
Said improvements shall be overseen by a registered professional engineer, to the satisfaction of the Building Inspector. Said improvements shall be certified to have been completed as depicted on the approved plans and as described in this decision by a registered professional engineer, and said improvements shall be accepted by the Building Commissioner;
A Municipal Lien Certificate shall be provided to the Building Commissioner as evidence of payment of any back taxes, fees or penalties owed to the town, if any; and
Evidence of recording of this Special Permit at the Plymouth County Registry of Deeds or the Land Court shall be presented to the Building Inspector, and the plan shall be recorded with the Special Permit.
Malcolm MacGregor, second; the vote was unanimous (5-0).
B536 – Sherman Woods
Street Name Approval (Miles Court)
The Board received the following documentation* for the review of this case:
Street Name Approval Form
Site Plan dated 2/1/06, Revised 9/15/08
Lee Hartmann recommended that the Board take no action on the proposed street name approval until some issues in the development have been addressed. The development was started without proper notification and there are some erosion and safety issues on the site. A number of the conditions of approval have not been met including addressing the affordable housing and submission of a revised plan; no building permits can be issued until several conditions are satisfied.
The Board took no action.
ZBA 3673 – S/F LLC, 170 Water Street, Map 14, Lot 70-2 (Blue Eyed Crab)
SP to modify #1465 in order to enlarge existing restaurant, kitchen, dining and bar areas
The Board received the following documentation* for the review of this case:
Staff Report
ZBA Decision 1465
Memorandum from Applicant’s Attorney dated 4/23/12
Locus Maps
Architectural Plans dated 3/7/12
Site Plan dated 2/23/12
Atty. Frank Cornetta presented a request to enclose the open area next to the Blue Eyed Crab restaurant in order to expand the kitchen, dining and bar area. The expansion will not increase the seating capacity, but will provide a larger kitchen and create an egress/ingress for patrons. The outdoor dining area on the patio will remain.
Valerie Massard stated that enclosing the open area for year round use is consistent with the objectives of the Waterfront zone and Plymouth Center Master Plan and the plantings and architecture are consistent with plans.
Paul McAlduff asked if the addition will have a fire suppression system.
Atty. Cornetta stated that there are no plans to add a fire suppression system, but they will comply with all Fire and Building Department requirements.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Prior to issuance of Building Permit:
The prospective construction shall be in compliance with all Building, Fire and Title V or other applicable codes.
A Municipal Lien Certificate shall be provided to the Building Commissioner as evidence of payment of any back taxes, fees or penalties owed to the town, if any; and
Evidence of recording of this Special Permit at the Plymouth County Registry of Deeds shall be presented to the Building Inspector, and the plans shall be recorded with the Special Permit.
Tim Grandy, second; the vote was unanimous (5-0).
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
The Board endorsed a release of covenant for lot 85 in the B296 – Ponds at Plymouth subdivision.
The Board discussed ongoing gravel removal projects and incomplete subdivisions that have issues with stabilization and erosion on the sites. They asked for clarification on options for enforcement, fines, and the ability to control/condition Special Permits.
Lee Hartmann explained that although the Town holds bonds and/or performance guarantee funds on many projects entering private property and actually completing a project is an option of last resort and should be avoided. It is difficult to enforce the permits when a project is idle or abandoned. The Town can take the money, but should avoid at all costs working on private property. The Building Department has the authority to enforce the permits but is understaffed. Staff makes every effort to work with a developer to bring the projects into compliance with permits. A cease and desist can be issued, fines can be issued and/or a project can be rescinded if existing procedures are followed.
Mr. Hartmann stated that staff would present a list of active subdivisions and gravel projects along with a list of performance guarantees at the next meeting. He suggested meeting with the Zoning Board of Appeals and Town Counsel to discuss these issues.
The Board agreed to set up a meeting with staff, Marc Garrett, Bill Wennerberg, Paul McAuliffe and Dick Manfredi to explore options.
Marc Garrett noted that the Board received a letter from John Lebica indicating that no resolution has been reached regarding the pergola at 7 Whiting Street, therefore the Board’s recommendation to deny the project stands.
Mr. Garrett announced that he will be meeting with Rep. Calter to discuss the Kingston issue to try to facilitate a resolution regarding access off William Gould Way.
Tim Grandy moved to adjourn at 8:20 p.m., Paul McAlduff, second; the vote was unanimous (5-0).
*On file with the Office of Planning and Development in project case files.
Respectfully Submitted,
Eileen Hawthorne Approved: June 4, 2012
Administrative Assistant
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