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, Edward Conroy, James Simpson and Ryan Matthews
Members absent: William Keohan
Staff present: Paul McAuliffe and Marilyn Byrne
Mr. Conner read a public statement explaining that on January 12, 2011, due to weather conditions, the Chairman of the Zoning Board of Appeals and the Director of Planning and Development, decided to cancel the Zoning Board of Appeals meeting and continue the public Hearing for Case #3617, American Legion Post #40, 199 Federal Furnace Road to January 19, 2011 at 8:00 p.m. Notification of the hearing continuation was mailed to all abutters, placed at the entrances of Town Hall, in the newspaper, and on the Town’s website.
Mr. Main motioned to accept the statement into the public record. Mr. Simpson seconded. Unanimous (5-0)
Public Hearing – Case No. 3614
Jeffrey R. and Donna E. Brooks
21 Reed Avenue East
Sitting: Peter Conner, David Peck, Michael Main, Edward Conroy and James Simpson
Mr. Conroy read the legal advertisement into the record.
The petitioner is requesting a special permit to demolish, rebuild, and expand a non-conforming
structure/use and a special permit to waive the side and front setbacks in order to raze an existing
1-story 3-bedroom dwelling to construct a 2-story, 3-bedroom dwelling. Mrs. Brooks
represented herself explaining the fact that the new house will be located on the same exact
footprint as the present building and that there is parking for four cars. Mrs. Brooks answered
questions pertaining to the existing footprint from Joseph Colarusso; Virginia Coughlin on the
parking on Reed Avenue; and Marybeth Rouse asked for the location of the house.
No public comment was offered
Hearing Closed
Mr. Main motioned to approve Case 3614 with conditions as amended. Mr. Peck seconded. Granted unanimously (5-0)
Submitted Documentation:
• Plot plan entitled dated September 3, 2010, prepared by John R. Farren, PLS of Plymouth, Massachusetts;
• Copy of Septic System Certificate of Compliance from the Town of Plymouth, Massachusetts dated August 11, 2010, with accompanying “Septic System Repair” As-Built plans dated August 11, 2010, prepared by Anderson Associates of Manomet, Massachusetts, showing upgrade of system has been completed;
• House Design Plans, undated (8 sheets) prepared by Bloodgood Sharp Buster Plan Service, Inc. of Des Moines, Iowa, entitled “House Design 92008;”
• Copy of Septic System “As Built”, Anderson Associates, Manomet, MA dated 8/11/10
• Two (2) Sets of Certified Mail Labels for Abutters
• Certified Abutters List dated November 2, 2010
• Design Review Board review dated December 21, 2010
• Town of Plymouth Fire Dept Response dated November 24, 2010
• Deed dated October 30, 2007
• Petition Application undated
• Town of Plymouth Dept. of Inspectional Services Denial dated October 12, 2010
• Signed Waiver of Time submitted on November 4, 2010
• Various Photos of abutters homes and interior photos of 21 Reed Avenue East
• Town of Plymouth Planning Department Recommendation dated January 11, 2011
• Town of Plymouth Department of Planning and Development – (4) Site Photos
• Accompanying permit application materials.
Public Hearing – Case No. 3615
Adriano Cimbron
45 Provincetown View Road
Sitting: Peter Conner, David Peck, Michael Main, Edward Conroy and Ryan Mathews
Mr. Conroy read the legal advertisement into the record.
The petitioner is seeking a special permit in order to waive the side yard setback requirements in order to construct an exit staircase. Mr. Cimbron represented himself explaining that he is requesting a Special Permit to build a set of stairs going from the ground level up to the third floor.
No public comment was offered.
Hearing Closed
Mr. Main motioned to approve Case #3615 without conditions. Mr. Peck seconded. Granted unanimously 5-0.
Submitted Documentation:
• Zoning Permit Plan dated October 26, 2010 prepared by Webby Engineering Associates, Inc. of Plympton, Massachusetts, and supporting application/materials.
• Planning Board Recommendation 1/11/11
• Quitclaim Deed submitted 11/15/10
• Dept of Inspectional Services Denial dated 6/7/2010
• Zoning Board of Appeals Petition Application dated 10/18/10
• Signed Waiver of Time submitted 11/15/10
• Plot Plan prepared by Webby Engineering Associates, Inc., Plympton, MA dated 10/26/10
• Certified Abutters List dated 11/1/10
• Two (2) certified abutters listing mailing labels
Public Hearing – Case #3617
American Legion Post #40
199 Federal Furnace Road
Sitting: Mr. Conner, Mr. Peck, Mr. Main, Mr. Conroy and Mr. Simpson
Mr. Conroy read the legal advertisement into the record
Attorney Edward Angley represented the petitioners who are requesting a special permit for a non-profit club and lodge use and a special permit to waive the off-street parking criteria and conditions in order to tear down an existing building and rebuild a larger private club. Mark Flaherty of Flaherty & Stefani Engineering described the existing conditions and the proposed improvements to the Board. Edward Fuller, Registered Landscape Architect, described the landscape improvements.
Public Comment in favor: Frank McDonnell, State Commander of the American Legion, Christine Tsongas, Phylise McNally, and Philip Ryan, Past Commander Post #40 and new Chairman of the American Legion Building Committee.
Public Comment in Opposition: Attorney Howard G. Guggenheim, LLC representing Mr. Hedge, Mr. Zanotti and the West Pond Association.
Hearing Closed
Mr. Main motioned to approve Case #3617 with conditions as amended. Mr. Peck seconded. Granted unanimously 5-0
Submitted Documentation:
• Town of Plymouth Dept. of Inspectional Services denial dated August 19, 2010
• Site plans (4 sheets) dated November 10, 2010, prepared by Flaherty & Stefani, Inc. of Plymouth, Massachusetts which includes the following: Existing Conditions Plan; Grading and Utilities Plan; Erosion and Sedimentation Plan; and Detail Sheet, with color versions supplied at the January 3, 2011 Planning Board meeting;
• Storm Water Analysis & Drainage Report (booklet) with Pre-Construction Watershed Plan (1 sheet), dated November 10, 2010, prepared by Flaherty & Stefani, Inc. of Plymouth, Massachusetts;
• Landscaping Plan dated November 10, 2010 prepared by E.A. Fuller, RLA of North Carver, Massachusetts;
• A Floor Plan and front/rear architectural elevation sketches prepared by Nick Filla, Plymouth Architects, Inc;
• A Hydrant Flow Test as performed by Amory Engineers dated November 23, 2010 for the subject property;
• Correspondence from the Massachusetts Division of Fisheries & Wildlife Natural Heritage program, dated December 30, 2010 (NHESP File No. 10-28983);
• Architectural elevations, color samples, and materials (3 pages, two color samples), received at the Planning Board meeting on January 3, 2011 and submitted by Nick Filla, Plymouth Architects, Inc.; and
• Black and white site photographs (2 pages), of the subject property, received at the Planning Board meeting on January 3, 2011 and submitted by Flaherty & Stefani, Inc.
• Signed Waiver of Time submitted on November 24, 2010
• Zoning Board of Appeals Application dated November 24, 2010
• Certified Abutters Listing dated July 22, 2010
• Pre-Construction Water Shed Site Plan dated November 10, 2010
• Post Construction Water Shed Site Plan dated November 10, 2010
• Deed dated April 15, 1992
• Town of Plymouth Dept. of Planning and Development Site Photos (3)
Passed in at meeting:
Attorney Angley passed in an overview package
Public Hearing – Case #3232
Manoment Ponds, LLC
“Off” Bates Road
The Board read a letter submitted by Attorney Robert Kraus of Kraus & Hummel, LLP representing Bartlett Brook Realty Trust/Manomet Ponds, LLC requesting the Board to reschedule the hearing to a later date due to his client being in poor health.
Mr. Peck motioned to continue Case #3232 to April 6, 2011 at 7:30 pm.
Mr. Main seconded.
Granted Unanimously (5-0)
No further business came before the board in open session.
Respectfully submitted,
Marilyn Byrne
Administrative Secretary
Approved: 1/20/11
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