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Zoning Board of Appeals Minutes November 2, 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

Staff present:  Paul McAuliffe and Marilyn Byrne

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

Board member Michael Main moved for the Board to enter Executive Session to discuss pending litigation. A roll call vote was taken. Voted unanimously (6-0). The Board entered Executive Session.

The Board returned to open session.

Continued Public Hearing – Case No. 3644
Nelson Ferreira
117 Herring Pond Road

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

The petitioner is seeking a Special Permit to waive the side and front setback requirements in order to raze an existing shed and construct a detached single-story two-car garage.  Mr. Ferreira  was asked to return to the Board with revised plans due to concerns the Board had regarding the amount of gravel that would be removed and a retaining wall which was not shown on the submitted site plan. Mark Flaherty, Flaherty and Stefani, Inc. of Plymouth, Massachusetts revised the original site plan to show the proposed retaining wall and contour modifications to retain drainage on the site that Mr. Ferreira wanted to include in this petition.

No further public comment.

Mr. Peck motioned to grant Case No. 3644 with one condition.    Mr. .Main seconded. Granted unanimously (5-0)

Submitted Documentation:

“Plan to Accompany Petition” dated June 7, 2011 and prepared by Flaherty & Stefani, Inc., of Plymouth, Massachusetts;
Zoning Board of Appeals Petition Application dated August 8, 2011;
Plymouth County Registry of Deeds recorded deed dated June 17, 1999;
Fire Department Review Letter dated September 7, 2011;
Department of Inspectional Services denial letter dated May 16, 2011;
Three (3) Site Photos;
Two (2) Sets of Envelopes for Abutters Notification and Notice of Decision;
Three (3) checks for filing fees;
Unofficial property record card;
Town of Plymouth Planning Board recommendation dated September 21, 2011;
Town of Plymouth Certified Abutters Listing dated May 17, 2011; and
Executed Waiver of Time submitted on August 16, 2011;

Informal Hearing – Case No. 3640
Patrizia’s Trattoria Italy
170 Water Street
Village Landing

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

The petitioner returned to the Board to address conditions 1, 2, 3a, 3b, 3c, 3d, 3e, 3f, and 3g of Case No. 3640 as having been satisfied. The Board reviewed the revised site plan which displayed the changes that applied to each condition.

Mr. Main motioned to accept conditions 1, 2, 3a, 3b, 3c, 3d, 3e, 3f, and 3g of Case #3640 as being completed. Mr. Conroy seconded. Accepted unanimously (5-0).

Informal Hearing – Case No. 3054
CVS Pharmacy
2253 State Road 
Change of window signage

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

David Anmahian, of State Permits, Dodgeville, Wisconsin, represented CVS in their chainwide effort to rebrand their signage nationwide. Mr. Anmahian explained the reason for the change is a maintenance issue. The white foam panels now in place cannot be cleaned and have been effected by the sun.  These panels would be replaced with a vinyl overlay marbleized red color and small drawings from the signage contractor, with product names, etc.

Mr. Conroy motioned to approve the final signage plan dated August 9, 2011 as is, and that there will be no interior illuminated signs.  Mr. Main seconded.  Approved unanimously (5-0)

Informal Hearing – Case No. 3588 and 3589
Thomas Donovan
19 Cape Cod Avenue & 33 Brush Hill Avenue
Changes to final site plan      

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

Mr.Main motioned to separate the votes for Cases No. 3588 and 3589. Mr. Conroy seconded. Agreed unanimously (4-0)

Stephen Kotowski, Project Manager, of Webby Engineering Associates, Inc., Plympton, Massachusetts represented the petitioner and appeared with Mr. John Cook, potential buyer of 19 Cape Cod Avenue. Mr. Kotowski explained to the Board the minor changes to 33 Brush Hill Avenue to increase the deck size in order to increase the limited recreational area on the lot. The expanded deck would be elevated from the first floor above one of the parking spaces.

Mr. Peck motioned to approve the expanded deck for Case No. 3588, 33 Brush Hill Avenue as a minor change. Mr. Main seconded. Approved unanimously (4-0)

Mr. Kotowski then explained to the Board the request to add 8 feet to the approved 8 foot by 10 foot deck to create a 16 foot x 10 foot deck for Case No. 3589 at 19 Cape Cod Avenue. After reviewing the plans the board felt that these changes constituted a major change and would be a substantial modification to the Special Permit, virtually tripling the size of the deck and would need a complete refiling for a new Special Permit.

Mr. Main motioned that the request to increase the size of the decks would be a substantial modification to the Special Permit and not a minor modification. Mr. Peck seconded. Agreed unanimously (4-0).

No further business came before the board in open session.

Respectfully submitted,

Marilyn Byrne
Administrative Secretary

Approved: 11/3/11