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
Public Hearing – Case No. 3653
Samuel Boutin
162 & 163 Bay Shore Drive
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy
Mr. Keohan, the Clerk, read the legal advertisement into the record.
Jonathan D. Witten, of Huggins and Witten, LLC, Duxbury, MA represented the petitioner, Samuel Boutin, who appealed the decision of the Building Commissioner pertaining to the issuance of Application No. 29882, Zoning Permit No. Z20110881 dated October 18, 2011 pursuant to Massachusetts General Laws c.40A, §8 and 15 for the construction of a single-family dwelling on the property of Augustino Diodato located at 162 & 163 Bay Shore Drive. Attorney Witten handed out an Affidavit from Steve Ivas, of Ivas Environmental, Norwell, MA in support of Samuel Boutin’s notice of appeal and claim that the lots for which Augustino Diodato’s October 18, 2011 zoning permit was issued does not contain the minimum upland area as required by the Plymouth Zoning Bylaw. Mr. McAuliff, the Building Commissioner, stated that Chapter 40 A
Section 6 protects the lots held in common ownership as one lot, and these particular lots are held in common ownership.
Public Comment in Favor: Augustino Diodato, the owner of the lots in question spoke on his own behalf.
Public Comment in Opposition: None
Hearing Closed
Mr. Main motioned to deny Case #3653. Mr. Peck seconded. Unanimous (5-0). The decision of the Building Commissioner is upheld.
Submitted Documentation:
Town of Plymouth Certified Assessors Listing dated November 1, 2011;
Executed Waiver of Time received November 2, 2011;
Zoning Board of Appeals Petition Application dated November 1, 2011;
Town of Plymouth Department of Inspectional Services denial dated October 25, 2011;
(2) checks for filing fees;
(2) sets of mailing labels;
Certified Abutters Listing, Town of Plymouth Assessors Office dated November 1, 2011;
Cover letter and Notice of Appeal from Huggins and Witten, LLC, Duxbury, MA dated November 1, 2011;
Residential Zoning Permit Application dated October 18, 2011;
Site Photo from Ivas Environmental, Norwell, MA received on December 27, 2011;
Letter to Steve Ivas, Ivas Environmental from Elizabeth Sullivan, Conservation Planner, Town of Plymouth dated June 15, 2011;
Request for new order of conditions from Ivas Environmental, Norwell, MA to the Plymouth Conservation Commission dated June 8, 2011;
Planning Board recommendation dated December 27, 2011;
Memo to the Planning Board from Valerie Massard, Senior Town Planner dated December 8, 2011;
Letter to the Conservation Commission from Environmental Consulting & Restoration, LLC dated September 17, 2009;
Affidavit of Steve Ivas, Ivas Environmental, Norwell, MA passed in during public hearing on January 4, 2012;
Town of Plymouth Wetland Resource Areas in Plymouth, MA Site Map passed in during public hearing on January 4, 2012 by Attorney Witten of Huggins and Witten, LLC, Duxbury, MA dated September 29, 2009.
Public Hearing – Case No. 3584 M
Future Generation Wind, LLC
810 Head of the Bay Road
Modification of Conditions No. 4 and No. 11
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy
Mr. Keohan, the Clerk, read the legal advertisement into the record.
Mr. Conner further explained the procedures for this particular case, which would encompass only the modification of two of the thirteen conditions and that the Board would not be discussing the merits of wind energy, which was already decided per the Decision in the original case.
Attorney Robert Betters appeared on behalf of the petitioner who has requested a Modification of Special Permit No. 3584 subject to Environmental Design Conditions pursuant to Section 205-73 of the Plymouth Zoning Bylaw for Wind Energy Facilities, pertaining to Conditions No. 4 and No.11 of that Special Permit. Attorney Betters introduced his client, Keith Mann, Michelle N. O’Brien of Mackie, Shea, O’Brien, P.C. Boston, MA who represented Future Generation Wind, LLC, and Simon Thomas of Atlantic Design Engineers, LLC, Sandwich, MA.
The petitioner wishes to modify the line in Condition No. 4 that states “that the Petitioner has agreed to establish an escrow account in the amount of $75,000 prior to the initiation of construction of the turbines…” to add “and shall be submitted to the Board of Appeals for its review and approval”.
The petitioner wishes to modify the line in Condition No. 11 that states that “if the Nordex N100 Wind Turbine system or a comparable turbine not exceeding the relevant specifications of the Nordex N100 Wind Turbine is not the final selection of turbine for this project, the Petitioner shall return to the Board of Appeals for final approval of the manufacturer, color, and specifications of the turbine. This review will be done at an informal…” to be changed to “a public” hearing upon submission of a request” (and add) “for a modification of the Special Permit”.
Public Comment in Favor: None
Public Comment in Opposition: Christopher G. Senie, Senie & Associates, P.C. Westborough, MA, represented Kathleen and Richard Turgeon of 14 Morning Mist Lane, whose home abuts the land on which Future Generation Wind, LLC exists.
Mr. Conroy made a motion to bifurcate (to separate) Conditions No. 4 and No. 11 for voting purposes. Mr. Main Seconded. Agreed (4-1). Mr. Keohan opposed.
Pertaining to Condition No. 4: Mr. Main motioned to deny the modification. Mr. Peck seconded. Denied (4-1). Mr. Keohan opposed.
Pertaining to Condition No. 11: Mr. Keohan motioned to accept the new language as presented. Mr. Conroy seconded. Granted unanimously (5-0)
Submitted Documentation:
(2) sets of mailing labels;
Certified Abutters listings Town of Plymouth dated November 14, 2011 and Town of Bourne dated November 16, 2011;
Cover letter from Attorney Robert C. Betters dated November 23, 2011;
Zoning Board of Appeals petition application dated November 23, 2011;
Copy of Decision Case No. 3584 dated July 28, 2010;
Filing Fees - (2) checks;
Letter of representation from Senie & Associates, P.C. Westborough, MA dated December 1, 2011;
Letter from Senie & Associates, P.C. Westborough, MA darted December 12, 2011;
Memorandum to the Zoning Board of Appeals from Lee Hartmann, Director of Planning and Development dated December 12, 2011;
Letter from Senie & Associates, P.C. Westborough, MA dated December 21, 2011;
Letter from Mark J. Cool, an abutter, dated December 27, 2011;
Cover letter (14 Pages) and booklet from Senie & Associates, P.C. Westborough, MA dated December 28, 2011;
Passed in during the Public Hearing on January 4, 2012: Letter from Attorney Robert C. Betters, of Withington and Betters
Informal Hearing – Case No. 3651
Ruth L. McNeight
15 Herring Way
Review of Conditions
Sitting: Mr. Conner, Mr. Peck, Mr. Simpson, Mr. Main, and Mr. Conroy
Mark Flaherty, of Flaherty and Stefani, Plymouth, MA represented the petitioner who returned to the Zoning Board of Appeals informally as having met Condition #6 of Special Permit No. 3651 with larger scale dimensions of the road layout at the narrow point around the cemetery on Herring Way. Also, a note was added to the final “Detail of Cemetery Area” plan by Flaherty & Stefani, Inc. dated December 19, 2011, that there would be “No Roadway Improvements On Eastern Side of Road Or Any Areas Of Lot 62A” which is the property of Rodney A. Holmes.
Mr. Flaherty also discussed Condition #5 as he felt that his client did not agree to install residential sprinklers when and if a house was built on the property. The Board was in agreement that it was brought up by Mr. Flaherty’s client and if Mr. Flaherty wanted to further address the sprinklers that he would need to reapply for a new special permit for the sprinkler issue only.
Mr. Peck motioned to accept Condition No. 6 as having been met. Mr. Main seconded. Unanimously Agreed (5-0)
No further business came before the board in open session.
Respectfully submitted,
Marilyn Byrne
Administrative Secretary
Approved: 1/5/2012
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