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Zoning Board of Appeals Minutes February 16, 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, and Edward Conroy

Members absent:  James Simpson and Ryan Matthews

Staff present:  Paul McAuliffe and Marilyn Byrne

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

Public Hearing – Case No. 3608
        Future Generation Wind Plateau Project
        810 Head of the Bay Road
        
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy

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

Public Hearing continued from December 15, 2010:

Atty. Robert Betters represented the petitioners who are seeking a Special Permit in order to construct one (1) 100 Meter Wind Turbine and associated infrastructure, and introduced the various representatives present on behalf of the Mann Family.  Richard Tabaczynski and Simon Thomas, Atlantic Design Engineers, LLC distributed various aerial views of operating wind turbines and presented aerial site plans pertaining to the relocation of Turbine 5 from the original Case #3584.  Doug Sheadel, Modeling Specialties, presented an Ambient Level Survey.  Dr. Robert J. McCunney, MD, Plymouth, Massachusetts spoke on health regulations and showed comparisons pertaining to noise and sound power levels (the Inversion Wind Shear, Amplitude Modulation scale).

Public Comment in Opposition:  Stephen Ambrose, Robert Rand, Tom Booth, Nancy Lima, and Timothy Grand

Public Comment in Favor:  Annette Herbst, Nils Bolgen, Tudor Ingersoll, Jeff Herbst, and Marjorie Mann

Due to the lengthy presentations Atty. Betters asked for a continuance.

Mr. Peck motioned to continue Case #3608 to April 6, 2011 at 8:00 pm.  Mr. Main seconded. Granted Unanimously (5-0) to continue.

The Public Hearing remains open and will not be readvertised.

Public Hearing – Case No. 3621
        Kevin P. Shea
        27 Shore Road

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

Mr. Keohan, the Clerk, read the legal advertisement

Brad Bertolo, J. C. Engineering, Inc. represented the petitioner, who is requesting a Special Permit for Accessway in order to construct a single-family dwelling.  The original building has been demolished. There will be no additional traffic impact to the neighborhood.

There was no public comment offered.

Hearing Closed.

Mr. Main motioned to approve Case #3621 with conditions as amended. Mr. Peck seconded. Granted Unanimously (5-0).

Submitted Documentation:

•       Site plan entitled “Proposed Site Plan, Prepared for Robert Jones,” dated July 8, 2004 and revised through August 6, 2010, prepared by JC Engineering, Inc. of East Wareham, Massachusetts;
•       A Locus Map using a USGS Quadrangle Map as a base map, prepared by JC Engineering, Inc.;
•       A sketch, prepared by JC Engineering, Inc., not dated but received with the application materials, which shows gravel placement proposed areas to include: (1) the frontage of the subject property, and upslope & downslope of said property by                approximately 50-75 feet on Shore Road; and (2) the northeast portion of the intersection of Pond Road and Shore Road;
•       An email to Valerie Massard, Town Planner, dated January 19, 2011, which specifies the type of gravel, compaction, and volume to be placed as access improvements, and which notes the exemption from filing with MEPA under ACEC status;
•       A petition and correspondence signed by many property owners/residents of the immediate area in support of the proposed accessway permit;
•       Pictures and supplemental materials supplied with the required application forms;
•       Signed Waiver of Time;
•       Zoning Board of Appeals petition denial dated December 16, 2010;
•       Town of Plymouth Department of Inspectional Services denial dated September 13, 2010;
•       Quitclaim Deed dated November 9, 2007;
•       Various Site Photos;
•       Town of Plymouth Certified Abutters Listing;
•       (2) sets of Certified Abutters Listing mailing labels;
•       Town of Plymouth Department of Planning and Development Recommendation;
•       Town of Plymouth Fire Department response letter dated January 5, 2011;
•       Unofficial Property Record Card – Plymouth, MA dated January 12, 2011 courtesy of Plymouth.patriotproperties.com;

Informal Hearing – Case #2902
        Golfscape/Crosswinds
        Long Pond Road (Forges Field)

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

Constantine Paganis, representing Golfscape, addressed Condition 1 of Special Permit #2902 dated March 31, 1999, presenting the final design plans relating to the appearance, materials and colors, for the Clubhouse.

Mr. Conroy motioned to approve Condition 1 as having been satisfied.  Mr. Keohan seconded. Unanimous (5-0).

Informal Hearing – Case #3439 R
        Ruggles Street LLC/Secured Realty Trust
        2294 State Road

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

Shaemus Kelleher, Emerald Excavating, represented the petitioner British Beer Company. Mr. Kelleher submitted documentation outlining the completion of Conditions 2, 3, 4, 5, and 6. Mr. Main suggested  Mr. Kelleher notifying the school bus company at the commencement of the project.

Mr. Main motioned to approve conditions 2, 3, 4, 5 and 6 as having been satisfied. Mr. Conroy seconded.  Unanimous (5-0).

Informal Hearing – Case #3454
        Plymouth Regional Economic Development Foundation
        Hedges Pond Road

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

Atty. Robert Betters represented the petitioners to review Condition 1 which stated that the excavation of materials shall be allowed for a period of two (2) years from the start of excavation. The petitioner is requesting a 2 year extension of time to continue removing material.

Mr. Main motioned to grant the two (2) year extension of time commencing on April 1, 2011 to April 1, 2013. Mr. Keohan seconded. Unanimous (5-0)


No further business came before the board in open session.

Respectfully submitted,

Marilyn Byrne
Administrative Secretary

Approved: 02/16/2011