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, William Keohan, Edward Conroy, James Simpson, and Michael Leary
Members absent: Michael Main
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. 3655
Cindy Tavares (d.b.a. Destination…Party)
27 Robert J. Way
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Conroy, and Mr. Simpson
Mr. Keohan, the Clerk, read the legal advertisement into the record.
Ms. Tavares was accompanied by John Femino and represented herself.
Cindy Tavares (d.b.a. Destination…Party), requested a Special Permit per Section 205-51, Paragraph C9 in order to change the use at 27 Robert J. Way to a children’s party event center. Ms. Tavares will offer various activities such as arts and crafts, jewelry making, indoor game activities, and birthday cakes. There is adequate parking per Paul McAuliffe, the Building Commissioner. Mr. Conner was concerned with the location the applicant chose, being an industrial zone, and the large amount of traffic at that particular building including large trucks cable trucks, and cable equipment.
There was no public comment
Hearing Closed
Mr. Peck motioned to grant case No. 3655 with three conditions as discussed. Mr. Simpson seconded. Granted (4-1) Mr. Conner opposed.
Submitted Documentation:
Town of Plymouth Assessors Certified Listing dated December 5, 2011;
Town of Plymouth Department of Inspectional Services denial letter dated November 30, 2011;
Plymouth County Registry of Deeds Quitclaim Deed recorded November 26, 2008;
Executed Waiver of Time received on December 7, 2011;
Zoning Board of Appeals petition application dated December 7, 2011;
As Built Floor Plan prepared by General Building Design, Mattapoisett, MA for John Femino, Camelot Park, Plymouth, MA dated September 26, 2005 and revised on September 28, 2006;
Unofficial Property Record Card dated January 19, 2012;
(3) checks (filing fees);
(2) sets of abutters envelopes;
Town of Plymouth Department of Planning and Development staff recommendation dated January 24, 2012; and 2008 aerial view of 27 Robert J. Way, Plymouth, MA.
Public Hearing – Case No. 3656
David Rushforth
53 & 55 Clifford Road
Mr. Keohan recused himself.
Sitting: Mr. Conner, Mr. Peck, Mr. Conroy, Mr. Simpson, and Mr. Leary
Mr. Peck, the Vice-Chairman, read the legal advertisement into the record.
Mark Flaherty, of Flaherty & Stefani, Inc., Plymouth, MA represented the petitioners, David J. and Janice M. Rushforth who are requesting a Special Permit per Section 205-41, Table 5 to waive the rear setback requirements in order to reconfigure Lots 36A-3 & 36A-4. Mr. Flaherty handed out a sheet of site photographs to the Board.
The Rushforth’s own the property at both 53 & 55 Clifford Road, which lies on the Eel River. The petitioners have been renting out the house at the front of the property since the 1980’s, which is now up for sale. Their primary residence is at 53 Clifford Road, behind the rental property on a “porkchop” lot which was created in 1986 under the Town’s Bylaw, with reduced frontage of 30 feet on Clifford Road.
The petitioner would like to provide the new potential owner(s) access to the Eel River. At the same time, by changing the lot lines, the existing garage would become non-conforming. Therefore, the petitioners are asking for relief in order to not loose the landscape buffer that they now have and to be able to offer access to the back of the property.
There was no public opposition.
Mrs. Rushforth spoke on her own behalf. She has been renovating the rental property, which is now for sale. She would like to see the new owners of the house in front have access to the Eel River in the back of the property so they may enjoy the River as her family has for so many years.
Hearing Closed
Mr. Peck motioned to approve Case No. 3656 as presented without conditions. Mr. Simpson seconded. Unanimous (5-0)
Submitted Documentation:
Quit Claim Recorded deed dated December 21, 1989;
Zoning Board of Appeals petition application dated December 14, 2011;
Town of Plymouth Department of Inspectional Services dated December 13, 2011;
Site Plan entitled “Plan to Accompany Zoning Application” in Plymouth Massachusetts Showing Lot Line Reconfiguration by Flaherty & Stefani, Inc., Plymouth, MA dated December 1, 2011;
Unofficial Property Record Card – Plymouth, MA dated December 14, 2011;
Executed Waiver of Time received on December 14, 2011;
Cover letter from Flaherty & Stefani, Inc. dated December 14, 2011;
(2) Sets of Mailing Labels;
Town of Plymouth Certified Abutters Listing dated December 5, 2011;
Town of Plymouth Department of Planning and Development staff recommendation dated January 10, 2012;
Site Photo from the Department of Planning and Development received on January 10, 2011; and
Site photographs passed in during public hearing on February 1, 2012 by Mark Flaherty, Flaherty & Stefani, Inc., Plymouth, MA
No further business came before the Board in open session.
Respectfully submitted,
Marilyn Byrne
Administrative Secretary
Approved: 02/02/2012
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