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Zoning Board of Appeals Minutes September 16, 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, Michael Main, William Keohan, Edward Conroy, Walter Kelley, and Ryan Matthews.  David Peck arrived late.

Staff present: Peggy Fitzgibbons and Paul McAuliffe

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

Public Hearing  
#3544 – DIANE SMITH   
          119 White Horse Road

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

Mr. Keohan read the legal advertisement into the record.

At the Petitioner’s request, the Board considered continuing the hearing until the end of the evening.

Mr. Main made a motion to postpone the hearing until later in the evening to allow five members to act on the case.

Mr. Kelley seconded.

Unanimously postponed until later in the evening.

Public Hearing
#3543 – COUSINS REALTY LLC   
          430 Court Street, Unit 3

Sitting: Peter Conner, William Keohan, Michael Main, Edward Conroy, and Ryan Matthews.

Mr. Keohan read the legal advertisement into the record.

Mr. Tedeschi, owner of property, said that the site was located in the Mayflower Business Park.  The property is the site of the old Stop & Shop building located at the Kingston/Plymouth line. The building presently occupies a Rehab Center and a Church.  There is 22,000 square feet of space available for the fitness facility. Lighthouse fitness would like to relocate from Cordage Park.  There would be more parking at this site.  The landscaping will be enhanced. Signage will be within the by-law requirements.  The lighting will be the same as Dick‘s at Colony Place.    

Mr. Main said that he would like a letter for the file that states that the permits from the Town of Kingston will be issued.

Public comment offered in favor.
John Duffy
Marisa Baronas

No public comment offered in opposition.

Hearing closed.

Public Hearing  
#3544 – DIANE SMITH   
          119 White Horse Road

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

Mr. Bennett, Bennett Engineering, representing the petitioner, reviewed the plans.

Ms. Smith said that to enter her proposed store you would use the same door as you would to go to the Post Office.  The door on the end of the building is for the apartment upstairs.  

Public comment offered in favor.
Francis Kuhn
Marisa Baronas
Carol Kuhn
Diane Smith
Kelly Kuhn

Public comment offered in opposition.
Christine Bostek
Catherine Joyce
George Betts
Frank Sheehan
Paul Duseau, Jr.
David Duseau

Mr. Bennett asked the Board if his client could make closing statements.

Ms. Smith said that this location was the only place she could find other than across the street from Luke’s.  The store will be upscale.

Hearing closed.


INFORMAL MATTER

#3503 – OMNIPOINT COMMUNICATIONS   
          104 Pinewood Road

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

Mr. Johnson, Tower Resource Management, said that there was some confusion because of two sheds that were on the property when this petition was submitted.  The sheds were removed and the area is clear of trees.  Trees would not have to be cut if the tower pad can be moved about twenty feet.   

Mr. Saunders, property owner, said that the tower will actually be placed where the original lease area was proposed.

Mr. Main made a motion to accept this change as non-substantial and allow the petitioner to proceed without a public hearing.

Mr. Peck seconded.

Unanimously granted 4-0.

VOTES:

#3543 – COUSINS REALTY LLC   
          430 Court Street, Unit 3

Mr. Main made a motion to approve Case No. 3543 with conditions.

Mr. Conroy seconded.

Granted 4-1. Mr. Keohan opposed.


#3544 – DIANE SMITH   
          119 White Horse Road

Mr. Main made a motion to approve Case No. 3544 with condition that parking spaces be delineated.

Mr. Kelley seconded.

Denied 3-2. Mr. Keohan and Mr. Peck opposed. Petition did not receive the four favorable votes required.

INFORMAL MATTER

#3522 – ALAIN ROGUZAC
        30 Briggs Avenue W
Mr. Main made a motion to consider this change in location as a non-substantial change.

Mr. Peck seconded.

Unanimously granted 4-0

Mr. McAuliffe, Director of Inspectional Services, advised the Board that a letter was sent advising the County that a special permit would be required for the gravel removal operation.

No further business came before the Board.

Respectfully submitted,


Peggy Fitzgibbons
Administrative Assistant

Approved 9/23/09