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Zoning Board of Appeals Minutes August 3, 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, James Simpson, Michael Main, William Keohan, and Edward Conroy

Members absent:  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 #3638
MCDE Realty, LLC c/o James Devellis
2240 State Road

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

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

Mr. Keohan then read a letter from Attorney Edward T. Angley, the applicant’s representative, requesting a continuance for Case No. 3638 to a date convenient for the Board. The applicant is requesting a Special Permit per Section 205-49, paragraph F3 to exceed the 60 foot front setback requirement, a Special Permit per Section 205-49, Paragraph D(8) subject to Environmental Design Conditions for more than 6,000 square foot floor area, and a Special Permit per Section 205-23 Paragraph A3 to waive the off street parking requirements. As stated by Attorney Angley, a number of interesting issues have been raised by the Planning Board and Planning Department staff and there is insufficient time to study or resolve these issues prior to the August 3, 2011 hearing.  The applicant needs time to investigate and resolve these issues.

Mr. Main motioned to continue Case No. 3638 to September 21, 2011 at 7:45 p.m. Mr. Conroy seconded. Approved unanimously (5-0)

Public Hearing – Case #3640
Patrizia’s Italy Trattoria, Inc.
170 Water Street

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

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

The petitioner was represented by Jerome CooperKing, of cki design studio, who is seeking a Modification of Special Permit #1465 to add a 440 square foot addition to expand the kitchen, bathroom and storage area and add a 6’ x 12’ entry vestibule. No additional seating is proposed for this project. Mr. CooperKing displayed the architectural renderings showing the proposed new entry way, two ADA restrooms, and the location of the new storage area.  Mr. Richard Stefani, owner of the Village Landing Marketplace also appeared on behalf of the petitioner and answered questions from the Board pertaining to easements in the roadway in relation to the cornerstone of the proposed renovations. The Board would like a four foot easement from the curb edge and bollards at each end and two in the center of the building.

Public Comment in Favor: Anna Patrizia Chambers

There was no Public Comment in opposition

Mr. Peck motioned to approve Case No. 3640 with conditions as discussed.  Mr. Main seconded. Granted unanimously (5-0)
Submitted Documentation:  

"Plan to Accompany Zoning Permit Application” dated May 25, 2011, prepared by Flaherty & Stefani Inc. of Plymouth, Massachusetts;
Architectural elevations/renderings dated April 5, 2011, one page, prepared by CKI design studio of Boston, Massachusetts;
Town of Plymouth Assessor’s Office Certified Abutters Listing dated June 14, 2011;
Two (2) sets of mailing labels;
Town of Plymouth Department of Inspectional Services denial dated June 13, 2011;
Executed Waiver of Time;
Plymouth County Registry of Deeds Quitclaim Deed dated June 1, 2001;
Zoning Board of Appeals Petition Application dated June 16, 2011;
Town of Plymouth Department of Public Works Engineering Division Review Memo dated July 5, 2011;
Planning Board recommendation dated July 27, 2011;
Two (2) site photos; and
Town of Plymouth Fire Department review letter dated August 3, 2011.


Informal Hearing – Case #3584
Future Generation Wind Turbine
Head of the Bay Road
Conditions No. 2 and No. 13

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

Attorney Robert C. Betters, represented the petitioner, who received a Special Permit No. 3584 on July 28, 2010 in order to establish Wind Energy Facilities for three wind turbines. The petitioner returned as required by Condition No. 2 concerning erosion control measures being depicted on the final plans, and Condition No. 13 which requires the petitioner to submit final site plans showing the final location of the three (3) turbines which were approved by this Special Permit.

Mr. Main motioned to accept the plans dated March 30, 2010 and revised on October
25, 2010 and received by the Zoning Board of Appeals on June 21, 2011 as the final definitive plans as required under environmental design conditions. Mr. Conroy seconded. Unanimous (5-0).    

No further business came before the Board in open session.

Respectfully submitted,

Marilyn Byrne
Administrative Secretary

Approved: 08/04/2011