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Zoning Board of Appeals Minutes April 16, 2008
MEMBERS PRESENT:  Peter Conner, David Peck, William Keohan (arrived late), Michael Main, Marc Betti, Wendy Longo and William Sims.

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

CASE NO. 3482 – MARK SINN – MASSASOIT AVENUE

Sitting: Peter Conner, A. Wendy Longo, David Peck, William Sims, and Michael Main.
Mr. Peck read the legal advertisement into the record.

Mr. Sinn said that the petitioner was trying to keep the garage in line with the other structures in the area.  Referring to the architectural drawings that were submitted (today) 4/16/08 a request was made to be able to reverse the entry door and overhead door on the front of the garage.

No public comment was offered.

Hearing closed.
VOTE:

Mr. Peck made a motion to approve Case No. 3482.

Mr. Main seconded.

Unanimously granted.

CASE NO. 3484 – JULIE and JANE HACKETT and COLIN McPHERSON – POND TERRACE

Sitting: Peter Conner, A. Wendy Longo, William Sims, David Peck, and Marc Betti.

Mr. Peck read the legal advertisement into the record.

Mr. Flaherty, P. E., Flaherty & Stefani, Inc., representing the petitioners, said that the property is located just north of Camp Bournedale.  The bathroom encroaches over the lot line onto the Hamilton property.  The roof will be altered.  The lot has 6400 sq. ft. The road is gravel.   The community is full of non-conformity structures.  

No public comment was offered.
Hearing closed.
VOTE:

Mrs. Longo made a motion to approve Case No. 3484.

Mr. Betti seconded.

Unanimously granted.

CASE NO. 3480 – BALBONI, LLC – NICKS ROCK ROAD

Sitting: Peter Conner, William Sims, David Peck, A. Wendy Longo, and Michael Main.

Mr. Peck read the legal advertisement into the record.

Attorney Betters, representing the petitioner, said that his client would like conditions 2, 3, & 5 that were recommended by the Planning Board removed from this special permit if this petition is granted.  The condominium documents would enforce the age restriction.  A monitoring agent is overkill.  

Mr. Shaw, Associated Engineers of Plymouth, said that the new units will look like the two existing units.  The two existing units are not presently age restricted however if this petition is approved all five units will be age restricted.  Town sewer is available on Nicks Rock Road.  There is a wetland on site.  No changes will be made to the entrance to the site.  The project is 40% built.  

No public comment was offered in favor.

Public comment offered in opposition.
Paula Green
Michelle Townsend
Paul Townsend
Dan Ruprecht
Joyce Sullivan

Attorney Betters in reply to some of the concerns of the neighbors said that the 55 age restriction stays in perpetuity with the property.

Mr. Shaw said that the leaching facility is inadequate for roadway.  The sewer/manhole covers have been paved over as soon as my client locates them the Town will come down and raise them.

Hearing closed.

CASE NO. 3481 – W/S DEVELOPMENT – SAMOSET STREET

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

Mr. Peck read the legal advertisement into the record.

Attorney Angley, representing the petitioner, referred to a written presentation on file in the ZBA office.

Mr. Ogren, P.E., Hayes Engineering, said the building for the bank will be smaller than the Applebee’s.  Landscaping will be enhanced.  The existing drainage, septic system, and electric will be used.  There will be 91 parking spaces and 2 handicapped spaces.

Gary Davis, R.A., CB Richard Ellis, said the corporate design will be used.

No public comment was offered.

Hearing closed.  
VOTES:

CASE NO. 3480 – BALBONI, LLC – NICKS ROCK ROAD

Mr. Main made a motion to approve Case No. 3480.

Mrs. Longo seconded.

Denied 3-2 (Mr. Sims and Mr. Peck in opposition)

CASE NO. 3481 – W/S DEVELOPMENT – SAMOSET STREET

Mrs. Longo made a motion to grant Case No. 3481.

Mr. Peck seconded.

Unanimously granted 5-0.

No further business came before the Board.

Respectfully submitted,

Peggy Fitzgibbons
Administrative Assistant
Approved April 18, 2008