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 James Simpson
Members absent: Edward Conroy and Ryan Mathews
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. 3631
Jeffrey H. Kapell
420 Billington Street
Sitting: Peter Conner, David Peck, William Keohan, Michael Main, and James Simpson
Mr. Keohan, the Clerk, read the legal advertisement into the record.
Attorney Richard Serkey represented the petitioner who is requesting a modification of a previous Special Permit, Case No. 3604, as it pertains to Condition number three, and instead offer a gift to the town for road maintenance and repair on the designated truck route. Attorney Serkey called upon the Town of Plymouth Building Commissioner, Paul McAuliffe, who recommended to the Board to accept the gift saying that it would be good for the Town and that it is almost impossible to determine exactly who causes the damage to the roads, school buses, fire trucks, etc.
Jeffrey LaFleur, Cape Cod Cranberry Growers' Association spoke on behalf of the project.
Public Comment in favor: Peter Perkins and Dan Foran
Public Comment in opposition: Robert F. Reifeiss and Wendy Reifeiss
Hearing Closed
Mr. Peck motioned to grant Case No. 3631 with one condition. Mr. Keohan seconded. Unanimously granted (5-0).
Submitted documentation:
“Site Permitting Plans for a Tailwater Recovery Pond,” prepared by Associated Engineers of Plymouth, Inc. Plymouth, Massachusetts, dated August 25, 2010 and revised through January 6, 2011;
Copy of Decision in Case No. 3604;
Plymouth County Registry of Deeds - Massachusetts Quitclaim Deed, dated February 24, 1998;
Town of Plymouth Planning Board Recommendation dated May 5, 2011;
Town of Plymouth Zoning Board of Appeals Petition Application dated April 14, 2011;
Two sets of mailing labels;
Town of Plymouth Assessors Office certified Assessors Listing dated April 19, 2011;
Executed waiver of time;
Letter from an abutter to Ms. Valerie Massard, AICP, Senior Planner, Town of Plymouth; and
A letter passed in by Attorney Richard Serkey to the Board during the public hearing on June 15, 2011.
Revised “Site Permitting Plans for a Tailwater Recovery Pond” prepared by Associated Engineers of Plymouth, Massachusetts dated April 23, 2011;
Public Hearing – Case No. 3607
Colony Place Development, LLC
Colony Village Drive
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Simpson
Mr. Keohan, the Clerk, read a letter dated June 13, 2011 from Attorney Edward Angley, the petitioner’s representative, requesting that the case for a wind turbine be continued. The proponent has not received an answer from 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. Therefore, the petitioner reverted to the original location of the turbine near the Wal-Mart property and has received a letter of agreement from Wal-Mart to allow the reduced setback. The petitioner has also received a communication from WPLM that it is concerned about the potential interference with its radio signal, and has offered to install a de-tuning device for which they have submitted a lengthy contract to Colony Place Development,
LLC.
Mr. Main motioned to continue Case No. 3607 to September 7, 2011 at 7:45 pm. Mr. Peck seconded. Unanimously agreed (5-0)
Public Hearing – Case #3632
Martin Maybruck
141 B Taylor Avenue
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Simpson
Mr. Keohan, the Clerk, read the legal advertisement into the record
Mr. Maybruck represented himself, and is seeking a Variance for minimum lot area requirements per Section 205-43 & Table 5 to allow for a two-family dwelling unit on a lot less than 30,000 square feet. Mr. Maybruck stated that this property has been a two-family since he bought it over thirty years ago. The Board explained to the petitioner the four criteria for consideration in granting a Variance:
If the granting authority specifically finds that:
owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located
a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant,
that the desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law.
There was no Public Comment
Hearing closed.
Mr. Main motioned to approved Case No. 3632. Mr. Peck seconded. The Board voted (0-5). Denied unanimously.
Submitted Documents:
“Plot Plan of Land” prepared for Taylor Trust by John R. Farren, PLS, of Plymouth, Massachusetts, dated March 16, 2011;
Department of Inspectional Services, Town of Plymouth, Building Denial, dated January 25, 2011;
Zoning Board of Appeals, Petition Application, dated March 28, 2011;
Executed Waiver of Time, submitted on April 20, 2011;
Massachusetts Quitclaim Deed, Plymouth Registry District, recorded July 24, 2009;
Site Plan prepared by John R. Farren, Professional Land Surveyor, Plymouth, MA, dated March 16, 2011;
• rtified Assessors Listing, Town of Plymouth Assessors Office, dated March 21, 2011;
(2) sets of Mailing Labels;
(3) checks for fees;
Town of Plymouth Planning Board Recommendation dated May 24, 2011;
Site photos from the Department of Planning and Development received May 24, 2011;
Town of Plymouth Fire Department review letter dated May 3, 2011;
Town of Plymouth Assessors Plat Card;
Town of Plymouth Assessors Field Card;
Town of Plymouth Department of Inspectional Services Description Card Submitted Documents: Case #3632
Informal Hearing – Case #3608
Future Generation Wind Turbine #5
Head of the Bay Road
Marking of the definitive set of plans as approved.
According to the Town of Plymouth Bylaw Section 205-9C(3)(g), which provides: “In rendering a decision, the Board of Appeals shall title the plan a ““definitive plan”” and mark the same as approved, approved with conditions, or disapproved”. Mr. Main motioned to approve marking the set of Plans dated September 23, 2010 and revised on December 30, 2010 as definitive. Mr. Keohan seconded. Approved unanimously (5-0).
Informal Hearing – Case #3362
Herbert M. Jacobs, et. al
Highland Avenue
Stipulation of Dismissal filed with Superior Court on May 20, 2011.
The Board was made aware of the dismissal of Case No. 3362.
No further business came before the board in open session.
Respectfully submitted,
Marilyn Byrne
Administrative Secretary
Approved: 06/16/2011
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