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Zoning Board of Appeals Minutes April 6, 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 James Simpson

Members absent:  Ryan Matthews

Staff present: Marilyn Byrne

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

“Continued” Public Hearing – Case No. 3232
        Bartlett Brook Realty Trust/Manomet Ponds, LLC
        “off” Bates Road
        
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy

Attorney Robert Kraus represented the petitioner in this continued hearing and was accompanied by Mr. Robert B. Freeland, General Manager of Manomet Ponds, LLC and Richard J. Tabaczynski, P.E, from Atlantic Design Engineers, LLC.

Attorney Elizabeth Lane of  Kopelman and Paige represented the Town of Plymouth.

The applicant returned with Partial Definitive Plans for the Bartlett Pond Pasture Comprehensive Permit.  The applicant submitted new information to the Zoning Board of Appeals on March 24, 2011 which left insufficient time for the Staff and Board to review the new information.  The Board asked the petitioners to return with drainage calculations and storm water management designs, rights of access easement information, and to address utility and access easement concerns.

Mr. Main motioned to continue the public hearing to June 1, 2011 at 8:00 p.m. Mr. Peck seconded. Agreed unanimously to continue (5-0).  

Mr. Conner announced to the audience that there would be no further legal advertisements concerning this case.

Public Hearing – Case #3625
        John T. and Denise Kedian
        197 Roxy Cahoon Road

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

Mark Flaherty of Flaherty and Stefani, Inc. represented the petitioners (not present at this hearing) who are requesting a Special Permit to waive the side yard setback requirements in order to construct a 10’ x 30’ screened porch with a wood deck above with 4’ wide steps off the deck.  

Public Comment in Favor:  Donald Raymond
        
Public Comment in Opposition:  None

Public Hearing Closed.

Mr. Main motioned to Grant Case #3625 with one condition.  Mr. Conroy 2nd.  Granted unanimously (5-0).

Submitted Documentation:

•       A site plan entitled “Plan to Accompany Zoning Board of Appeals Petition in Plymouth, Massachusetts” dated January 6, 2011, prepared by Flaherty & Stefani, Inc. of Plymouth, Massachusetts;
•       Architectural plans and elevations (2 pages, total) entitled “Custom/Home Revisions, Kedian Residence, 197 Roxy Cahoon Road, Plymouth, Massachusetts” dated January 6, 2005 and revised through November 12, 2010 and prepared by SPB Design    LLC of East Falmouth, Massachusetts;
•       Correspondence from the abutting property owner, Donald Raymond, dated September 28, 2010,  supporting the requested setback;
•       Photographs (black & white photocopies) dated September 18, 1999 and January 2007, showing the house and immediate surroundings;
•       Zoning Board of Appeals Petition Application, dated November 24, 2010;

•       Town of Plymouth, Department of Inspectional Services Denial, dated January 25, 2011;

•       Town of Plymouth, Department of Planning and Development Staff Report, dated March 8, 2011;

•       Town of Plymouth, Department of Planning and Development Site Photos (2);

•       Unofficial Property Record Card – Plymouth, MA, dated January 5, 2011, courtesy of www.plymouth,patriotproperties.com;

•       Two sets of Mailing Labels;

•       Town of Plymouth Certified Abutters Listing dated January 19, 2011;

•       Parcel Map dated April 6, 2011 passed in during public hearing on April 6, 2011.



“Continued” Public Hearing – Case 3608
        Future Generation Wind, LLC Turbine #5
        “Off” Head of the Bay Road

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

Attorney Robert C. Betters of Withington and Betters represented the petitioners who are seeking a Special Permit in order to construct one (1) 100 meter wind turbine and associated infrastructure. Atty. Betters also introduced the various representatives present on behalf of the Mann Family. Atty. Betters recapped his original presentation and introduced Mr. Doug Sheadel, CCM, Modeling Specialties, who responded to the basis of the Ambrose-Rand analysis and comments made during the Ambrose-Rand presentation during a previous hearing.  Mr. Steve DeCastro, Real Estate Appraiser analysed real estate property values in support of wind energy and answered questions by the Board. Mr. Carlos Penetta, Financial Analyst was present to answer questions concerning costs.

Public Comment in Favor:  Mary O’Donnell, David Mann, Glen Berkowitz, Liz Argo and Jackson Hillman

Public Comment in Opposition:  Lorenzo L. Rusconi, Ed Curran, Al Laurino, Mary Laurino, Dave Taylor, Michael Murphy and Joanne Salamone.

Due to the lateness of the hour the Board decided to continue the public hearing to a later date.

Mr. Peck motioned to continue the public hearing to May 4, 2011 at 8:15 p.m. Mr. Main Seconded. Agreed unanimously (5-0).

No further business came before the board in open session.

Respectfully submitted,

Marilyn Byrne
Administrative Secretary

Approved: 04/07/11