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Zoning Board of Appeals Minutes April 4, 2012
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:  David Peck, Michael Main, William Keohan, Edward Conroy, James Simpson, and Michael Leary

Members absent:  Peter Conner

Staff present:  Paul McAuliffe and Marilyn Byrne

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

Public Hearing – Case No. 3661
Melissa M. Atwood & the Law Offices
of Jack M. Atwood
88 Sandwich Street, Unit 3
        
Sitting: Mr. Peck, Mr. Keohan, Mr. Main, Mr. Conroy, and Mr. Simpson

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

Attorney Edward T. Angley, represented the petitioners who requested a Special Permit per Section 205-48 C2 for a beauty salon and spa.  Attorney Angley passed out a brief which stated that a beauty salon is a special permit use in the transitional commercial zone, and that the conversion of the use from a medical office building to a beauty salon does not change the parking requirements. No external changes have been proposed.

There was no public comment

Hearing Closed

Mr. Main motioned to approve Case No. 3661 with two conditions. Mr. Simpson seconded. Granted unanimously (5-0).

Submitted Documentation:

Cover Letter from Attorney Edward T. Angley, Plymouth, MA dated February 1, 2012;
Town of Plymouth Department of Inspectional Services Denial dated January 31, 2012;
Plymouth County Registry of Deeds Quitclaim Deed dated November 5, 2008;
Executed waiver of time received on February 7, 2012;
Zoning Board of Appeals petition application dated February 1, 2012;
Two (2) sets of mailing labels;
Associated filing fees;
Town of Plymouth Certified Assessors Listing dated January 31, 2012;
Rendering of floor layout received on February 7, 2012;
As-Built Condominium Site Plan prepared by Associated Engineers of Plymouth, Inc., Plymouth, MA dated January 23, 1991;
Town of Plymouth DPW Review letter dated March 8, 2012;
Town of Plymouth DPW review letter dated March 21, 2012;
Copy of Decision No. 2364 dated November 28, 1989;
Copy of Decision No. 2412 dated June 5, 1990;
Site Photos prepared by the Department of Planning and Development received on March 27, 2012;
Planning Board recommendation dated March 28, 2012; and
Brief from Attorney Edward T. Angley passed in during public hearing on April 4, 2012.

Public Hearing – Case No. 3662
John G. + Jane B. Murray/Robert Gosselin
Off 10th Street, Saquish Beach

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

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

The applicant and the petitioner, who were requesting a Special Permit per Section 205-43 and Table 5 to waive the front setback requirements and a Special Permit per Section 205-25 Paragraph A3 to enlarge a non-conforming structure, represented themselves and described the existing conditions and the proposed changes requested in order to add a deck to the property. Mr. Gosselin, the contractor, proposed renovations to the existing front and rear deck and railings, and to expand the deck around both sides of the house to create a wrap-around deck.

There was no public comment.

Hearing Closed

Mr. Keohan motioned to approve Case No. 3662 without conditions.  Mr. Main seconded. Granted unanimously (5-0).

Submitted Documentation:

Two (2) Sets of mailing envelopes;
Town of Plymouth Certified Abutters Listing dated December 14, 2011;
Town of Plymouth Department of Inspectional Services denial dated December 1, 2011;
Site “Plan to Accompany Zoning Application” prepared by Flaherty & Stefani, Inc., Plymouth, MA dated February 2, 2012;
Floor Plan & Elevations “New Deck Plan’, “Foundation Plan & Details”, and “Framing Plan & Details”,  prepared by Walter A. McKinnon Associates, Weymouth, MA dated January 23, 2012;
Executed Waiver of Time received on February 14, 2012;
Plymouth County Registry of Deeds dated April 17, 2007;
Town of Plymouth Zoning Department Residential Zoning Permit Application dated November 23, 2011;
Site photos from the Department of Planning and Development dated February 22, 2012;
Zoning Board of Appeals petition application dated February 14, 2012;
Town of Plymouth Fire Department response letter dated February 22, 2012;
Two (2) site photos received from the applicant on February 14, 2012;
(3) letters via email from abutters;
Planning Board recommendation dated March 28, 2012; and
Associated filing fees.

Public Hearing – Case No. 3663
Jeffrey D. and Susan M. Baker
32 Nelson Street

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

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

Attorney Harold F. Moody, Jr., Plymouth, MA represented the petitioners who requested a Special Permit per Section 205-25 Paragraph A3 to increase and enlarge a non-conforming use and structure, and a Special Permit subject to Environmental Design Conditions per Section 205-46C(5) for multifamily and single family attached residential complexes. Attorney Moody introduced Mr. John R. Farren, Land Surveyor, Plymouth, MA who prepared the site plans for the proposed project. Attorney Moody and Mr. Farren answered questions from the Board pertaining to the location of the property being at the entrance to Nelson Park (Nelson Street Playground), and the proposed sidewalk easement. The corner of the property is located at a notoriously dangerous curve in the road with limited visibility and the proposed sidewalk may be beneficial to pedestrians using Nelson Park. There was opposition from various neighbors to the proposed complexes interfering with ocean views.  

Public comment in favor:  None

Public comment in opposition: Lisa Venier, Brendan Riordan, Christine Tissot., Bruce Price,  Luciano Noselli,  Paul Zaniboni, Barbara Donovan, Cookie Zaniboni, and Kenda Cluff

Hearing Closed

Mr. Main motioned to grant Case No. 3663 with five conditions. Mr. Conroy seconded.  Granted unanimously (5-0)

Submitted Documentation:

Cover letter from the Law Office of Harold F. Moody, Jr., P.C. dated February 15, 2012;
Town of Plymouth Assessors Office Certified Assessors Listing dated February 13, 2012;
Two (2) Sets of Mailing Labels;
Environmental Impact Statement received on February 16, 2012;
Zoning Board of Appeals petition application dated February 15, 2012;
Executed waiver of time received on February 16, 2012;
Plymouth District Registry of Deeds Quitclaim Deed dated January 15, 2010;
Town of Plymouth Department of  Inspectional Services denial dated February 1, 2012;
Town of Plymouth Department of Public Works review letter dated March 21, 2012;
Design Review Board review letter dated March 22, 2012;
Conservation Commission review letter dated March 7, 2012;
Town of Plymouth Fire Department review letter dated March 7, 2012;
Subdivision Plan of Land in Plymouth, MA prepared by John R. Farren, Plymouth, MA dated January 4, 2012;
Site Plan of Land to accompany Special Permit application prepared by John R. Farren, Professional Land Surveyor, Plymouth, MA dated January 4, 2012;
Architectural Plans entitled “Southern Cottages, 4 Bay Hip Garage” prepared by Michael R. McLeod PA, Hampstead, North Carolina dated July 27, 2011;
Architectural Plans entitled “Southern Cottages, Island Cottage” prepared by Michael R. McLeod PA, Hampstead, North Carolina dated May 5, 2010;
Email and attachment from James Downey, Transportation Engineer, Town of Plymouth, dated March 1, 2012;
Site Photos prepared by the Department of Planning and Development ;
Planning Board recommendation dated March 28, 2012; and
Associated Filing Fees;

Other Business: Pending Litigation

The Board voted to authorize the execution of a dismissal of the appeal of Case No. 3584 Future Generation Wind, LLC located off Head of the Bay Road for a Special Permit for a wind energy facility and Case No. 3584M Future Generation Wind, LLC located off Head of the Bay Road requesting a modification of Case No. 3584. No changes were requested to the Zoning Board of Appeals decisions.

Mr. Conroy motioned to assent to the motion. Mr. Keohan seconded. Agreed unanimously (6-0)

No further business came before the Board in open session.

Respectfully submitted,
Marilyn Byrne
Marilyn Byrne
Administrative Secretary

Approved: 04/05/2012