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Zoning Board of Appeals Minutes December 6, 2006
MEMBERS PRESENT: Peter Conner, A. Wendy Longo, Robert Richard, Bill Keohan, David Peck, and Michael Main.

MEMBER ABSENT: Marc Betti

Mr. Conner called the meeting to order and explained the procedures for the evening.

CASE NO. 3391 – FRANKLIN MARSH, LLC – off PLYMOUTH STREET

Sitting: Peter Conner, Wendy Longo, Robert Richard, David Peck, and William Keohan.

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.

Mr. Madden, GAF Engineering reviewed the project.  The petitioner is creating one tailwater pond and expanding another. The project involves the Darby and Hall Bogs.    The site consists of 77 acres.  The Darby Bog will have approximately 107,750 cubic yards of fill removed. The Hall Bog will have approximately 139,000 cubic yards of fill removed.  Trucks will come out onto Plymouth Street.   Excavation will be to the pit floor.

No public comment offered in favor.

Public comment offered in opposition.
Joel Ponce
James Lormer

Mr. Madden responded to public comment replying that the petitioner can accommodate a 100’ buffer between the residences.

Mr. Harrison, Carver Gravel Committee, said the petitioner has a permit from Carver.

Hearing closed.

CASE NO. 3392 – EASTPORT BAYSIDE LLC – CASWELL LANE

Sitting: Peter Conner, A. Wendy Longo, Robert Richard, William Keohan, and David Peck.

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.

Mr. Fuller, EA Fuller Associates, said that the parking lot has been blocked off with barriers to keep vehicles out.  There are two curb cuts existing on Caswell Lane.  The petitioner is proposing five units, each containing three bedrooms.  Each unit will have three parking spaces, one inside the garage, one outside on paved area and a gravel space next to the paved driveway.   The swale will be left in a natural state.  The impervious area will be reduced.

Mr. Price, Eastport Bayside, said that his company proposes to put a high quality project that fits in the neighborhood.

Attorney Angley said that this type of development the Planning Board encourages to get people to come to the downtown center.

No public comment was offered in favor.

Public comment offered in opposition.
Lothrop (Cricket) Withington
Sean Condon
Lauri Devitt

Mr. Fuller responding to the public comment said that the spaces are 9’ x 22’.  The buildings are 30’ high.  The wall on the Nelson Park side ranges from 2.5’ to 4.5’ in height.

Hearing closed.

VOTES:
 
CASE NO. 3391 – FRANKLIN MARSH – off PLYMOUTH STREET

Mr. Richard made a motion to approve Case No. 3391 with conditions.

Mr. Peck seconded.

Granted unanimously

CASE NO. 3392 – EASTPORT BAYSIDE, LLC – CASWELL LANE

Mrs. Longo made a motion to re-open the hearing.

Mr. Peck seconded.

Motion failed.

Mr. Richard made a motion to grant Case No. 3392.

Mrs. Longo seconded.

Mr. Conner said that if the intent of the Board is to deny the petition without prejudice then Mr. Richard’s motion is not correct.

Mr. Richard amended his motion to deny without prejudice.

Mr. Peck seconded.

Denied without prejudice 4-1.  Mr. Conner opposed.

No further business came before the Board.

Respectfully submitted,



Peggy Fitzgibbons
Administrative Assistant


Approved 12/8/06