Zoning Board of Appeals Meeting
October 21, 2009
Minutes
These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting. – Open Meeting Law – Section III.
Meeting started at 7:15 p.m. as posted to vote on case continued from October 7, 2009.
Members present: Peter Conner, David Peck, Michael Main, Edward Conroy, William Keohan and Ryan Matthews.
Member absent: Walter Kelley
Staff present: Peggy Fitzgibbons
Mr. Conner called the meeting to order and explained the procedures for the evening.
Public Hearing – continued from October 7, 2009
#3548 – CBF NOMINEE TRUST
Sandwich Street
Sitting: Peter Conner, David Peck, Michael Main, Edward Conroy, and William Keohan.
Mr. McAuliffe, Director of Inspectional Services, said that the Inclusionary Housing Bylaw was not applicable in this case because there are only five (5) new units. The two-family dwelling is grandfathered so they don’t count toward the seven units. There is a net of five (5) new units which does not trigger the Inclusionary bylaw. The demolishing of the two-family does not negate the pre-existing structure as they can be moved, altered, or enlarged under the bylaw.
Public comment in opposition.
Ms. Riley-Creane
Hearing closed.
VOTE:
Mr. Main made a motion to approve with conditions.
Mr. Conroy seconded.
Granted 4-1. Mr. Keohan opposed.
Public Hearing
#3550 – ROBERT PERRY
Crescent Road
Sitting: Peter Conner, David Peck, Michael Main, Edward Conroy and William Keohan.
Mr. Keohan read the legal advertisement into the record.
Mr. Perry said that he owned an existing cottage that needs to be demolished. He would like to construct a single-family dwelling.
Mr. Webby, Webby Engineering, said catch basins are located at the driveway. The roadway will be widened to 20’. A berm will be added. There will be an erosion control barrier.
No public comment was offered in favor.
Public comment in opposition.
Dan Foley
Hearing closed.
VOTE:
Mr. Peck made a motion to approve with conditions.
Mr. Main seconded.
Unanimously approved.
Public Hearing
#3551 – PLYMOUTH LODGE NO. 2485 – LOYAL ORDER OF MOOSE
State Road
Sitting: Peter Conner, David Peck, Michael Main, William Keohan and Ryan Matthews.
Mr. Keohan read the legal advertisement into the record.
Mark Flaherty, P. E., Flaherty & Stefani, Inc., said the Moose Lodge purchased the property at 601 State Road. There will be no changes to the outside of the building. The twelve rooms in the Inn portion of the building will be renovated so that out of town guest can stay on site during events. The septic is adequate. The building has a sprinkler system. There are 90 spaces required and 97 are provided including the overflow parking on the grass. The petitioner’s requested that the existing undersized parking spaces be allowed to remain. There is bus parking. The house in the back of the property is occupied and the tenant’s letter was read into the record. All of the neighbors are in support. There is a fire hydrant in front of the building.
Public comment offered in favor.
Ray Topkins
Fran Kuhn
Ken Fountain
John Dunn
Stacey Miller
John MacLeod
Dennis Gain
Doug Montari
Brian Ahearn
Debra Mann
Victor Girard
No public comment offered in opposition.
Hearing closed.
Public Hearing
#3552 – SAMUEL BOUTIN, et al
163 Bay Shore Drive and 232 Rocky Hill Road
Sitting: Peter Conner, David Peck, Michael Main, Edward Conroy and William Keohan.
Mr. Keohan read the legal ad into the record.
Attorney Paulsen, representing the petitioner’s referred to a written presentation on file in the ZBA office.
Tom Sexton, Engineer, compared his plan to the plan used to obtain a zoning permit prepared by Bill Shaw, Associated Engineers. Most of the presentation referred to the wetlands.
Attorney Paulsen said that Mr. McAuliffe had a duty to critique the plans that were submitted and I don’t believe he did so. Mr. Hartmann just took a flood map (FEMA) off the shelf and did not confirm it was current.
Attorney Wyman, representing the landowner, said that the plans were submitted and they were approved and a zoning permit was issued. All three lots were sold together and the lots have been held together since creation.
Mr. Shaw, Associated Engineers, said his plan is design according to National standards.
Public comment offered in favor.
Susan Boutin
Sam Boutin
No public comment was offered in opposition.
Mr. Sexton said that the Town’s consultant did not go to the site because of a conversation with the Conservation Planner.
Attorney Paulsen requested a continuance.
A discussion ensued regarding a continuance and the Board’s decision was that a continuance was not necessary.
Hearing closed.
VOTES:
#3551 – PLYMOUTH LODGE NO. 2485 – LOYAL ORDER OF MOOSE
State Road
Mr. Peck made a motion to approve Case No. 2485.
Mr. Main seconded.
Unanimously granted.
#3552 – SAMUEL BOUTIN, et al
163 Bay Shore Drive and 232 Rocky Hill Road
Mr. Main made a motion to deny the Petitioner’s request upholding the Building Commissioners issuance of a zoning permit.
Granted 4-1 Mr. Keohan opposed.
No further business came before the Board.
Respectfully submitted,
Peggy Fitzgibbons
Administrative Assistant
Approved October 29, 2009
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