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Zoning Board of Appeals Minutes January 5, 2011
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, William Keohan, Edward Conroy, Michael Main, Ryan Matthews, and James Simpson

Staff present:  Paul McAuliffe and Marilyn Byrne

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

Prior to the start of the meeting Mr. Conner recognized that Attorney Edward Angley hand delivered a letter along with a document pertaining to Case #3515 Jeannine Anderson Trust along with a check in the amount of $18,105.00 from P. A. Landers as required before the start of Phase 3 in compliance with Condition No. 6.

Public Hearing
#3612 – William Harrington
             69 Manomet Point Road

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

Mr. Keohan read the legal advertisement into the record

Mr. Harrington represented himself and introduced his builder Chris Comeau.  Mr. Harrington is seeking relief to waive the side and rear setback requirements in order to reconstruct a detached single-story garage.

No Public Comment was offered.

Hearing Closed

Vote:  Mr. Peck motioned to Grant Case #3612 with Conditions. Mr. Main seconded. Granted unanimously 5-0.

Submitted Documentation:

•       Town of Plymouth Planning Board Recommendation dated December 21, 2010
•       Site Plan by John R. Farren, Professional Land Surveyor dated October 5, 2010
•       Town of Plymouth Inspectional Services Denial dated September 15, 2010
•       Zoning Board of Appeals, Petition Application
•       Town of Plymouth Residential Zoning Permit Application
•       Signed Waiver of Time Requirement submitted on October 21, 2010
•       Architectural Rendition
•       Unofficial Property Record Card – Plymouth, MA dated 12/13/10 courtesy of www.plymouth.patriotproperties.com 
•       Town of Plymouth Design Review Board recommendation dated 12/21/10
•       Town of Plymouth Certified Abutters Listing, Assessors’ Office dated September 8, 2010
•       Two (2) sets of Abutters Listing mailing labels
•       Plymouth Registry of Deeds, Deed, dated December 1, 2009
•       Town of Plymouth Department of Planning & Development Site Photographs (2)


Public Hearing
Case #3610 – John Zamperini, Jr. and Judy Zamperini (f/k/a Judi Dick)
                       100 Sandy Pond Road
        
Sitting: Peter Conner, David Peck, William Keohan, Edward Conroy, and Michael Main

Mr. Keohan read the legal advertisement into the record.

Attorney Richard Serkey represented the petitioners and explained the lengthy background of the case.  The petitioners are seeking a Special Permit for accessway and a modification of a condition set forth in BOA Case #2801 in order to create one additional buildable lot.  

No Public Comment was offered.

Hearing Closed.

Vote:  Mr. Peck motioned to Grant Case #3610 with Conditions.  Mr. Keohan seconded.  Denied 3-2.  (Mr. Conner, Mr. Conroy and Mr. Main voted in opposition; Mr. Peck and Mr. Keohan voted in favor)

Submitted Documentation:

•       Town of Plymouth Assessors’ Office Certified Abutters Listing, dated September 15, 2010
•       Certified abutters listing mailing labels, two (2) sets
•       Town of Plymouth Fire Department, Fire Prevention & Code Compliance Division Response Letter, dated November 8, 2010
•       Zoning Board of Appeals Petition Application
•       Town of Plymouth, Department of Inspectional Services denial, dated September 15, 2010
•       Town of Plymouth, Planning Board recommendation dated  December 21, 2010
•       Recorded Deed, Registry of Deeds, dated December 31,1997
•       Site Plans, Flaherty, Stefani & Bracken, Inc. dated August 31, 2001
•       Town of Plymouth, Department of Planning and Development Site Photos (3)
•       Zoning Permit Application from Atty. Richard M. Serkey, (2 pages).
•       Town of Plymouth Zoning Board of Appeals Decision Case No. 3062 dated November 14, 2001
•       Signed Waiver of Time
•       Cedarville Steering Committee review dated November 28, 2010.
•       Copy of Zoning Board of Appeals Case #2801 dated July 15, 1997.
•       Unofficial Property Record Card – Plymouth MA dated December 14, 2010 courtesy of www.plymouth.patriotproperties.com

Public Hearing
Case #3613 – Beis Jacob Society
                       25 ½ Court Street

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

Mr. Keohan read the legal advertisement into the record.

Attorney Lawrence Winokur represented the petitioner who is seeking a Special Permit to establish a boardinghouse to serve as a temporary shelter for the homeless.  The Board approved six identical cases a year ago.

Public Comment in Favor:  None

Public Comment in Opposition:  Stephen Smith and Chuck Ciulla

Hearing Closed.

Vote:  Mr. Main motioned to approve Case #3613 without Conditions.  Mr. Conroy seconded.  Granted unanimously 5-0.

Submitted Documentation:

•       Town of Plymouth, Planning Board Recommendation by Valerie Massard, AICP, Senior Planner dated December 21, 2010
•       Two (2) sets of Certified Abutters Listing mailing envelopes
•       Plymouth Registry of Deeds, Quitclaim Deed, dated August 15, 1978
•       Town of Plymouth Assessors’ Office Certified Abutters Listing dated October 21, 2010
•       Town of Plymouth Department of Planning and Development site photographs
•       Town of Plymouth Department of Inspectional Services denial dated October 21, 2010
•       Zoning Board of Appeals Petition Application
•       Plymouth Center Steering Committee recommendation dated December 3, 2010
•       Unofficial Property Record Card – Plymouth, MA dated December 14, 2010 courtesy of www.plymouth.patriotproperties.com 
•       Memorial Methodist Episcopal Church Society site plan by Delano & Keith Associates, Inc. dated August 15, 1978
•       Town of Plymouth, Fire Department, Fire Prevention & Code Compliance Division response letter, dated November 16, 2010
•       Board of Appeals Waiver of Time submitted on October 27, 2010


Public Hearing
Case #3616 – Atlantic Properties/Paul M. Rodrigues
                       3-5 Resnik Road

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

Mr. Keohan read the legal advertisement into the record.

Bill Shaw of Associated Engineers of Plymouth, Inc. represented the petitioners who are seeking a Special Permit to exceed the height requirement and a Special Permit to waive the parking requirement in order to construct two (2) 12,000 Square Foot  3-story office buildings.

Public Comment In Favor:  Katherine Tavares

Public Comment In Opposition: None

Hearing Closed

Vote:  Mr. Main motioned to approve with Conditions.  Mr. Keohan seconded. Granted unanimously 5-0.

Submitted documentation:

a.      Plans entitled “Site Permitting Plans for Two 36,000 SF Office Buildings” (7 sheets and cover), dated November 16, 2010, and prepared by Associated Engineers of Plymouth, Massachusetts (the “Site Plan”);
b.      A “Preliminary Planting Plan” prepared by R. Jon Henson Landscape Architects of Florence, Massachusetts (the “Landscaping Plan”); dated November 18, 2010;
c.      Site photographs depicting the cul de sac at Grabau Drive taken by R. Jon Henson Landscape Architects (photograph of these photographs in file);
d.      Perspective sketch with respect to elevations and Grabau Drive prepared by Associated Engineers of Plymouth, Inc., presented at the Planning Board meeting;
e.      Preliminary Elevations Plan (1 sheet attached to the rear of the Site Permitting Plans), prepared by Pando Associates Architects, Inc., of Canton, Massachusetts;
f.      Certified Abutters Listing dated November 9, 2010;
g.      Two (2) sets of Certified Abutters Listing mailing labels;
h.      Town of Plymouth, Department of Inspectional Services denial dated November 20, 1010;
i.      West Plymouth Steering Committee review dated November 30, 2010;
j.      Zoning Board of Appeals Petition Application;
k.      Plymouth County Registry of Deeds Quitclaim Deed dated May 20, 2010;
l.      Design Review Board report dated December 21, 2010;
m.      Board of Appeals signed Waiver of Time submitted on November 17, 2010; and
n.      Supporting documentation as required under the Bylaw.

Passed in at Hearing:

Informational binder in support of Z BA Case #3616.

No further business came before the Board in open session.

Respectfully submitted,

Marilyn Byrne
Administrative Secretary

Approved: 01/07/2011