Skip Navigation
This table is used for column layout.
Zoning Board of Appeals Minutes February 2, 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, Michael Main, William Keohan, Edward Conroy, and Ryan Matthews

Members absent:  James Simpson

Staff present:  Paul McAuliffe and Marilyn Byrne

Public Hearing – Case No. 3620
        Industrial Tower and Wireless, LLC
        109 R Center Hill Road
        
Sitting: Peter Conner, David Peck, William Keohan, Michael Main, and Edward Conroy

Mr. Keohan, the Clerk, read the legal advertisement into the record.

Mr. Keohan then read a letter dated January 18, 2011 from Atty. Edward Angley, the petitioner’s representative, requesting that the case for a communication tower be withdrawn without prejudice. The letter further stated that his clients are withdrawing in order to discuss the matter with various neighbors in an attempt to find some areas of agreement.

Mr. Main motioned to withdraw Case #3620 without prejudice. Mr. Peck seconded. Granted unanimously (5-0)

Public Hearing – Case No. 3607
        Colony Place Development, LLC
        Colony Village Drive

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

Mr. Keohan, the Clerk, read a letter dated January 27, 2011 from Atty. Edward Angley, the petitioner’s representative, requesting that the case for a wind turbine be continued. The proponent is actively working with the Mass Department of Transportation on getting some form of recognition or permission to construct a Wind Turbine that has a potential fall zone on the Route 44 exit ramp.

Mr. Main motioned to continue Case No. 3607 to April 20, 2011 at 7:30 pm. Mr. Keohan seconded. Granted unanimously (5-0)

Public Hearing – Case #3618
        Timothy and Christine M. Hall
        32 Emerson Road

Sitting:  Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy

Mr. Keohan, the Clerk, read the legal advertisement into the record

Randy Parker, Land Management Systems, Inc., represented the petitioners who are requesting a Special Permit to waive the side setback requirements and a Special Permit to demolish and rebuild a non-conforming structure. Board members reviewed the plans and discussed the conditions attached to the case.

Public Comment in Favor:  Bernard Kamp

Public Comment in Opposition:  None

Hearing closed.

Mr. Conroy motioned to approve Case #3618 with conditions as discussed. Mr. Keohan seconded.  Granted unanimously with conditions (5-0)
Submitted Documentation:

1.      Site plan entitled “Zoning Board of Appeals Petitioner’s Plan” dated October 28, 2010, prepared by J.R. Parker, Jr., PLS of Land Management Systems, Inc., Plymouth, Massachusetts;
2.      Narrative prepared by Land Management Systems, Inc. submitted with the Petition;
3.      Architectural plans entitled “Hall House Plans, 32 Emerson Road” undated (8 sheets) prepared by Cheryl A. Perrault, of Cape Cod, Massachusetts;
4.      ‘House Specifications’ (2 pages), received January 6, 2011; and
5.      Property Deed dated July 13, 1984
6.      Signed Waiver of Time
7.      Town of Plymouth Certified Assessors Listing of Abutters dated November 17, 2010
8.      (2) sets of mailing labels from Certified Assessors Listing
9.      Town of Plymouth Department of Inspectional Services Denial dated August 31, 2010
10.     Town of Plymouth Fire Department Response Letter dated December 28, 2010
11.     Town of Plymouth Planning and Development (3) Site Photos
12.     Design Review Board response memo dated January 31, 2011

Public Hearing – Case #3619
        MOLU, LLP
        32 Nameloc Road

Mr. Main recused himself from the hearing and left the room because he is an abutter to this property.

Sitting: Peter Conner, David Peck, William Keohan, Edward Conroy and Ryan Matthews

Mr. Keohan, the Clerk, read the legal advertisement into the record

Randy Parker, Land Management Systems, Inc., represented the petitioners who are requesting a Special Permit to waive the front and side setbacks to permanently move an existing house back away from an eroding coastal bluff towards the road.  Board members reviewed the plans and discussed conditions attached to the case.

No public comment in favor or opposition.

Gervaise Hooker, an abutter, read a statement regarding concerns she has for Nameloc Road. Ms. Hooker would like to see the road brought up to acceptable standards according to the town Bylaws.  Mr. Parker addressed Ms. Hooker’s concern stating that although the road does get a bit narrow at one stretch there is already a house there and will have the same use before and after.

Hearing closed.

Mr. Peck motioned to approve Case #3619 with one condition as discussed.  Mr. Matthews seconded. Granted unanimously (5-0)

Submitted Documentation:

1.      The Petitioner has filed a site plan entitled “Zoning Board of Appeals Petitioner’s Plan” dated September 29, 2010 prepared by Land Management Systems, Inc. of Plymouth, Massachusetts; and

2.      A letter from the state Department of Environmental Protection (DEP) requesting that the Petitioner seek relief from zoning requirements prior to its consideration of an appeal of the local Plymouth Conservation Commission decision not to grant an order   of conditions to move the dwelling and construct the septic system as shown on the plans.

3.      Town of Plymouth Certified Abutters Listing dated September 21, 2010

4.      (2) sets of mailing labels from Certified Abutters Listing

5.      Town of Planning and Development (2) photos of property

6.      Signed Waiver of Time

7.      2001 Board of Health Plan received January 4, 2011

8.      Town of Plymouth Board of Health response letter dated December 21, 2010

9.      Quick Claim Deed dated January 9, 2009

10.     Town of Plymouth Department of Inspectional Services denial dated November 8, 2010

11.     Zoning Board of Appeals Petition Application dated 12/07/2010


No further business came before the board in open session.

Respectfully submitted,

Marilyn Byrne
Administrative Secretary

Approved: 02/03/2011