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Zoning Board of Appeals Minutes September 9, 2009
These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting. – Open Meeting Law – Section III.

Members present: Peter Conner, David Peck, Michael Main, William Keohan, Edward Conroy, Walter Kelley, and Ryan Matthews.

Staff present: Peggy Fitzgibbons and Paul McAuliffe

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

Public Hearing – continued from September 2, 2009
#3541 – GARLAND NYE REALTY   
          620 Head of the Bay Road

Sitting: Peter Conner, William Keohan, Michael Main, David Peck, and Walter Kelley.

Mr. Tabaczynski, PE, Atlantic Design, representing the petitioner, said the site is off Head of the Bay Road.  The property is located in Bourne and Plymouth.  The tower will be located in Plymouth.  The proposed tower will be 197’ high.  The wind speed and direction is the goal for the temporary tower data.  The site is cleared including the access road.  

No public comment was offered.

Hearing closed.

Public Hearing – continued from September 2, 2009
#3542 – DOUG FRIESEN for VICTOR DOCOUTO   
          7 Avenue A

Sitting: Peter Conner, William Keohan, Michael Main, David Peck, and Edward Conroy.

Attorney Angley, representing the petitioner, referred to a written presentation on file in the Zoning Board of Appeals office.

Mr. Friesen, Duxborough Designs, said the petitioner does not want to demolish the entire structure. The foundation is sound the framing on the first floor can be saved.  The footprint has existed since the 1870’s.  The house sits close to the street.  The backyard is used for parking.

Attorney Angley continued with presentation.   The height of the dwelling is below 35’.  

 Mrs. Docouto said her parents purchased the house the year she was born and she purchased it from her parent’s estate about 10 years ago.  

Mr. Docouto said that the neighbor’s were in support of the reconstruction.

No public comment was offered.

Hearing closed.

VOTES:

#3541 – GARLAND NYE REALTY   
          620 Head of the Bay Road

Mr. Main made a motion to approve Case No. 3541 subject to conditions.  
The Petitioner shall submit a revised plan to the Zoning Board of Appeals office with the correct FIRM panel noted (Note #6).
A temporary ‘fall zone’ easement that has a 200 foot radius from the base of the MET tower shall be delineated on a plan submitted to the Zoning Board of Appeals.~ Said easement shall be terminated once the tower is removed.~ In the event that the abutting property (owned by an affiliated Trust) is sold the petitioner agrees to record at the Plymouth County Registry of Deeds a plan delineating said temporary fall zone easement.
The proposed tower shall be dismantled within eighteen (18) months from the date of erection.
The tower shall be lit with only low intensity red lighting and should be used during nighttime hours, consistent with FAA guidelines and the Bylaw, whether or not the FAA requires lighting.
The data, raw and otherwise, collected from the installation of the MET tower subject to this special permit shall be provided to the Town of Plymouth Planning Department and the Town of Plymouth Energy Committee within six (6) months of the removal of the MET tower.
Mr. Peck seconded.

Unanimously granted 5-0.

#3542 – DOUG FRIESEN for VICTOR DOCOUTO   
          7 Avenue A

Mr. Peck made a motion to approve Case No. 3542 subject to conditions.
The total bedroom count for the dwelling shall be no more than three (3) bedrooms, and a note to this effect shall be added to the plans.

The plans shall be adjusted to pull the porch back to a 0-foot setback, removing the 0.3-inch encroachment on the layout for St. Charles Avenue.  Revised plans shall also include a locus map, scale, and location of the structures within 50 feet of the side lot lines of the subject property. The revised plans shall be approved by the Board of Appeals at an informal meeting.

  • The porch/decks shall not be enclosed or converted to year-round living space without further review by the Board of Appeals.
Mr. Main seconded.

Unanimously granted 5-0.

No further business came before the Board.

Respectfully submitted,


Peggy Fitzgibbons
Administrative Assistant