MEMBERS PRESENT: Peter Conner, A. Wendy Longo, Robert Richard, Bill Keohan, David Peck, and Michael Main (left early).
MEMBER ABSENT: Marc Betti.
Mr. Conner called the meeting to order and explained the procedures for the evening..
VOTE - RULES AND REGULATIONS WORKSHOP
Mr. Richard made a motion to table the vote on the Rules and Regulations until November 15, 2006.
Mrs. Longo seconded.
Unanimously continued to November 15, 2006
CASE NO. 3386 – KENNETH FOSDICK – PETER ROAD
Sitting: Peter Conner, Wendy Longo, Robert Richard, David Peck, and William Keohan.
Mr. Richard read the legal advertisement into the record.
Mr. Hale, Associated Engineers, representing the petitioner, said that the petitioner purchased the two lots in 1978. The subdivision was created in 1973. There are 75 residential building lots of which 72 lots have been developed. Lots 10-18 and 10-19 have been held in contiguous ownership since 1978. There are two smaller lots that are owned by different owners and are considered buildable even though they are smaller than the lot the Fosdick’s own. The Fosdick’s found out about the by-law change 10 years ago but because of the cost associated with the appeal had to wait.
Mr. Richard asked the petitioner why the property was not split within the five year grace period.
Mr. Shaw, Associated Engineers, said that there was 15-acres f open space that abuts the Fosdick’s land.
Mr. Hale said that the West Plymouth Steering Committee voted to recommend in favor.
Mr. Fosdick, in answering Mr. Richard’s question said that he was going to do something with the land 10 years ago but because of the financial cost did not.
Public comment offered in favor.
Dan Sines
Jim Keyes
Richard Serkey
Public comment offered in opposition.
Peggy McDermott
Debra Campbell
Jim Saunders
Mr. Hale, in closing said that he was aware of the restrictions regarding the pond.
Hearing closed.
CASE NO. 3388 – LINDA MYER and BRENDA BASSETT – NORTH WALNUT STREET
Sitting: Peter Conner, Bill Keohan, David Peck, Wendy Longo, and Robert Richard.
Mr. Richard read the legal advertisement into the record.
Attorney Angley, representing the petitioner, referred to a written presentation on file in the ZBA office. No physical changes will take place. The only change will be the ownership.
No public comment was offered.
Hearing closed.
VOTES:
CASE NO. 3386 – KENNETH FOSDICK – PETER ROAD
Mr. Richard made a motion to approve Case No. 3386.
Mrs. Longo seconded.
Motion failed 2-3 Mrs. Longo and Mr. Keohan voting in favor; Mr. Conner, Mr. Richard and Mr. Peck in opposition.
CASE NO. 3388 – LINDA MYER and BRENDA BASSETT – NORTH WALNUT STREET
Mrs. Longo made a motion to approve Case No. 3388.
Mr. Peck seconded.
Granted unanimously.
INFORMAL
CASE NO. 1643 – P.J. REALTY –LONG POND ROAD
Attorney Serkey, representing Mr. Fantoni, Zion Hills said that he sat on the Board of Appeals when the conditions were set on Case No. 1643. The condition regarding the no further subdivision of the land was in his opinion only placed on the decision because of the gravel road.
The Board was unanimously in agreement that the condition could not be removed without the benefit of a public hearing.
No further business came before the Board.
Respectfully submitted,
Peggy Fitzgibbons
Administrative Assistant
Approved 11/7/06
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