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Zoning Board of Appeals Minutes May 2, 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:  Peter Conner, David Peck, Michael Main, William Keohan, Edward Conroy, James Simpson, and Michael Leary

Staff present:  Paul McAuliffe and Marilyn Byrne        

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

A roll call vote was taken to enter into Executive Session to discuss pending litigation.

Peter Conner – Yes; David Peck – Yes; Michael Main – Yes; Edward Conroy – Yes; William Keohan – Yes; James Simpson – Yes; and Michael Leary – Yes.

Voted unanimously (7-0).  The Board entered Executive Session.

The Board returned to open session.

Public Hearing – Case No. 3665
Stanley and Wendy Marshall
55 Bellevue Drive

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

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

The petitioners presented their request for a Special Permit per Section 205-42 and Table 5 to waive the side setback requirement for an addition on their garage. The Board was in favor of the project but had concerns regarding the fact that the driveway for 55 Bellevue Drive is shared with the property at 59 Bellevue Drive. The owner stated that the shared driveway existed when they purchased the property in 2003. The Board suggested that the abutters at 59 Bellevue Drive seek an easement to avoid possible litigation issues by a future potential sale of either property.

Public Comment in Favor:  Marshall Kennard, Dawn Newman

Public Comment in Opposition:  None

Hearing closed.

Mr. Peck motioned to approve Case No. 3665 with one condition as discussed. Mr. Main seconded.  Granted unanimously (5-0)
Submitted Documentation:  

Two (2) Sets of Mailing Labels;
Town of Plymouth Certified Abutters Listing dated December 27, 2011;
Demolition & Construction Plans and Outline Specifications by Lloyd Architects, Plymouth, MA Dated December 9, 2011;
Executed waiver of time received December 28, 2011;
Unofficial Property Record Card – Plymouth, MA dated January 31, 2012;
Plymouth County Quitclaim Deed recorded on April 27, 2011;
Zoning Board of Appeals Petition Application dated December 27, 2011;
Zoning Board of Appeals Amended petition application dated December 27, 2011 (Zone on original petition was incorrect)
Town of Plymouth Zoning Department Residential Zoning Permit Application dated December 27, 2011;
Town of Plymouth Department of Inspectional Services denial dated January 10, 2012;
Revised Town of Plymouth Department of Inspectional Services denial January 10, 2012;
Town of Plymouth Department of Planning and Development recommendation dated February 7, 2012;
Plymouth Center Steering Committee review letter dated February 2, 2012;
Town of Plymouth Department of Public Works Engineering Division review letter dated January 23, 2012;
Site Photos (5) prepared by Town of Plymouth Department of Planning and Development; and
Appropriate filing fees.

Informal Hearing:       
Plymouth Fragment Society – Case #3657
54 Russell Street
Condition No. 4 

Sitting: Mr. Conner, Mr. Peck, Mr. Main, Mr. Conroy and Mr. Simpson
The applicant was granted a Special Permit per Section 205-25 Paragraph A3 to alter a non-conforming use, and a Special Permit per Section 205-23 Paragraph A3, to modify off street parking requirements, in order to convert a 7 bedroom home for the aged into a 4 unit multi-family dwelling (two 1BR units, one 2BR unit, and one 3 BR unit) with a perpetual affordable housing restriction.
Attorney Richard Serkey represented the applicant and presented a landscaping and parking plan for the Boards final approval.
Condition No. 4 states that “the petitioner will return to the Zoning Board of Appeals informally with a certified plot plan showing additional landscaping and parking, showing a minimum of seven parking spaces”. The new plan shows 8 new spaces, Unit 1 will have 2 spaces over an existing driveway on the northeasterly side of the building; Unit 2 will have 2 spaces over an existing driveway on the immediate southwesterly side of the building, with a space left for the fire hydrant box. There will be 2 new driveways created.  One driveway will be devoted to 2 spaces for Unit 3 and the other driveway will be devoted to 2 spaces for Unit 4. There will be 8 new spaces in total
In regards to the landscaping, Attorney Serkey agreed to replicate any landscaping that has been removed for the 4 new spaces between No. 7 and No.  8 Russell Street.
Mr. Main motioned to accept the new parking plan with the additional landscaping as discussed.  Mr. Peck seconded.
Agreed unanimously (5-0)

Other business:

Dr. Lee Burns (PhD) approached the podium to speak regarding Case No. 3654, Associated Wind Turbine, LLC, which was recently approved by the Board. The Board immediately explained to Dr. Burns that the case could not be discussed yet because the appeal period was ongoing. The Board requested Dr. Burns to return after the 20 day appeal period has expired.

No further business came before the Board in open session.

Respectfully submitted,
Marilyn Byrne
Marilyn Byrne
Administrative Secretary

Approved: 05/03/2012