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Zoning Board of Appeals Minutes September 21, 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 James Simpson

Members absent:  Edward Conroy and Ryan Matthews

Staff present:  Marilyn Byrne

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

Public Hearing – Case No. 3642
David J. & Alice T. Vaccarell
        27 Brian’s Way
        
Sitting:  Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Simpson

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

Mr. Vaccarello, who represented himself, is seeking a Special Permit to waive the rear setback requirement and to enlarge a non-conforming structure in order to convert a 10 foot by 30 foot rear deck to a screen porch with a roof.  

The applicant answered questions concerning a letter submitted from an abutter, Eileen P. Vining regarding the possibility of drainage problems. Mr. Vaccarello submitted photos to the Board to help clarify Ms. Vining’s concerns. Mr. Vaccarello is prepared to divert the water with downspouts to the opposite side of the house where there is a row of hedges 60 feet long and a gulley to help with the drainage situation.

Public Comment In Favor :  Cathy Polk, Carol Corsaro, Richard Vaccarello
Public Comment  In Opposition:  None

Hearing Closed                  

Mr. Peck motioned to approve Case No. 3642 with two conditions.  Mr. Main seconded. Granted unanimously (5-0)

Submitted Documentation:  

•       Plot Plan by John R. Farren, Land Surveyor, Plymouth, MA dated December 14, 2010;

•       Elevation Plan by EcoModern Architecture, LLP, Boston, MA dated July 27, 2011;

•       Two (2) sets of mailing labels;

•       Plymouth County Registry of Deeds Recorded Quitclaim Deed dated January 5, 1998;

•       Site Photo

•       Executed Waiver of Time received August 3, 2011;

•       Title V Deed Restriction dated April 26, 2011;

•       Town of Plymouth Department of Inspectional Services building denial dated August 2, 2011;

•       Certified Abutters Listing dated July 12, 2011;

•       Zoning Board of Appeals petition application dated August 1, 2011;

•       2 Site Photos from Planning

•       Town of Plymouth Planning Board Recommendation dated September 13, 2011;

•       Abutters letter from Karen and Michael Shepard dated August 31, 2011;

•       Town of Plymouth Fire Department Response Letter dated September 12, 2011;

•       Abutters letter from Eileen Vining dated September 15, 2011;

•       Passed in during Hearing;

•       Three (3) site photos; and

•       Two (2) letters from Abutters.

Public Hearing – Case No. 3638
MCDE Realty, LLC
2240 State Road

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

Mr. Keohan, the Clerk, read a letter dated September 21, 2011 from Attorney Edward T. Angley, the petitioner’s representative, requesting that Case No. 3638, which needs a Special Permit to exceed the 60 foot front setback requirement, and a Special Permit for more than 6,000 sq. ft. floor area, and a Special Permit to waive the off street parking requirements, be continued.

Mr. Main motioned to continue Case No. 3638 to November 16, 2011 at 8:00 p.m. Mr. Peck seconded. Approved unanimously (5-0).

Public Hearing – Case #3643
        Adriano S. Cimbron
        6 Cedarhill Park Drive
        
Sitting:  Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Simpson

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

The petitioner is requesting a Special Permit subject to Environmental Design Conditions for a building in excess of 6,000 square feet, including a waiver of dimension requirements, a Special Permit for modification of front yard setback, a Special Permit to modify off-street parking, a Special Permit subject to Environmental Design Conditions for more than one principal building on a lot, and a Special Permit subject to Environmental Design Conditions for minor repair shops.

The Clerk read a letter from Attorney Robert C. Betters, of Withington and Betters, the petitioners representative, requesting a continuance in order to provide the petitioner with additional time to address issues raised by the Planning Board, the Design Review Board, and other Town authorities.

Mr. Main motioned to continue Case No. 3643 to December 7, 2011 at 7:30 pm.  Mr. Peck seconded.  Approved unanimously (5-0)

Informal Hearings:

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

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

Russ Stefani, Flaherty & Stefani, Inc., appeared on behalf of the applicant in response to the two (2) conditions of approval for Special Permit No. 3625.

Condition No: 1 – The Applicant/Owner agreed that the screened porch cannot be converted for the purposes of year round living space.

Condition No. 2 -   Mr. Stefani submitted final plans depicting the drainage and grading scheme.

Mr. Main motioned to accept Case #3625 Conditions No. 1 and 2 as having been satisfied. Mr. Peck seconded.  Agreed unanimously (4-0)

Jeremiah Gallant (J & J Realty Trust)
252 Summer Street
Case No. 3637

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

The Gallants represented themselves and submitted a final site plan dated September 14, 2011 pertaining to Condition No. 1 of Special Permit No. 3637.

Mr. Peck motioned to accept Case #3637 Condition No. 1 as having been satisfied.  Mr. Keohan seconded. Agreed unanimously (4-0)

No further business came before the board in open session.

Respectfully submitted,

Marilyn Byrne
Administrative Secretary

Approved: 09/22/2011