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, Michael Main, Edward Conroy, James Simpson, and Michael Leary
Staff present: Paul McAuliffe and Marilyn Byrne
Mr. Conner announced that the Board would be entering into Executive Session to discuss pending litigation
Mr. Peck motioned to enter into Executive Session. Mr. Main seconded.
A roll call vote was taken:
Peter Conner – Yes, David Peck – Yes, William Keohan – Yes, Michael Main – Yes, Edward Conroy – Yes, James Simpson – Yes, and Michael Leary – Yes
Agreed unanimously (7-0).
The Board closed Executive Session and re-entered into open session.
Mr. Conner called the meeting to order and explained the procedures for the evening
Public Hearing – Case No. 3666
Eric J. Pontiff
82 Black Cat Road
Sitting: Peter Conner, David Peck, William Keohan, Michael Main, and James Simpson
Mr. Keohan, the Clerk, read the legal advertisement into the record.
Mr. Leary, Alternate, recused himself from sitting on this case, left the table, and remained in the audience as an abutter to this project.
Attorney Edward T. Angley, Plymouth, MA represented the petitioner who requested a Special Permit per Section 205-18, Paragraph B4, 3F, and 2G and Section 205-40, Paragraph D1, subject to Environmental Design Conditions in order to remove 256,000 cubic yards of gravel for cranberry production. Attorney Angley passed out a brief entitled Petition of Eric J. Pontiff dated May 16, 2012 and introduced Mark Flaherty of Flaherty & Stefani, Plymouth, MA who presented the plans for the proposed expansion of Mr. Pontiff’s cranberry bogs.
*Note: Mr. Conroy left during this hearing to attend another meeting.
Public comment in favor: Valerie Bryant
Public comment in opposition: William Hallisey, Jim Kelley, James Eno, Russell McGilvray, Susan Eno, Michael Leary, William Lydon
Public Hearing Closed
Due to the opposition of the abutters regarding large amounts of sand going into Billington Sea, cracks in their foundations and walls, and the fact that the pumps are noisy, the applicant and his representatives asked to withdraw their case without prejudice and allow them to work with the abutters to resolve the issues.
Attorney Angley requested to withdraw the petition without prejudice.
Mr. Main motioned to withdraw Case No. 3666 without prejudice. Mr. Peck seconded. Agreed Unanimously (5-0)
Submitted Documentation:
Site “Plan to Accompany Zoning Petition for a Proposed Cranberry Bog Expansion in Plymouth, MA prepared by Flaherty & Stefani, Inc., Plymouth, MA dated February 28, 2012;
Submittal letter from Flaherty & Stefani, Inc. Engineers and Surveyors, Plymouth, MA dated March 15, 2012;
Cover letter from Flaherty & Stefani, Inc. Engineers and Surveyors, Plymouth, MA dated March 15, 2012;
Two(2) sets of mailing labels;
Executed Waiver of Time received on March 19, 2012;
Town of Plymouth Certified Abutters Listing dated March 8, 2012;
Town of Plymouth Department of Inspectional Services denial dated March 8, 2012;
Zoning Board of Appeals petition application dated March 15, 2012;
Environmental Impact Statement dated March 15, 2012;
Plymouth County Registry of Deeds Quitclaim Deed dated January 9, 2008;
Patriot Property record card dated March 15, 2012;
Town of Plymouth Fire Department review dated April 4, 2012;
Town of Plymouth Department Public Works review dated April 10, 2012;
Planning Board recommendation dated May 8, 2012;
Site photos by Department of Planning and Development received May 7, 2012;
West Plymouth Steering Committee review dated May 1, 2012;
Memo from Mark Flaherty, Flaherty & Stefani, Plymouth, MA dated January 15, 2012;
Memo from Mark Garrett, Planning Board, dated May 10, 2012;
Email from Paul McAuliff/Eric Pontiff dated May 14, 2012;
Email from Valerie Massard, Town Planner, dated May 15, 2012; and
Brief, Attorney Edward T. Angley, Plymouth, MA passed in during public hearing
Public Hearing – Case No. 3667
McDe Realty, LLC
2240 State Road
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Leary
Mr. Keohan, the Clerk, read the legal advertisement into the record.
Attorney Edward T. Angley represented the applicants who requested a Special Permit per Section 205-49 Paragraph F3 to exceed the 60’ front setback requirement and a Special Permit per Section 205-49, Paragraph D8 more than 6,000 sq. ft. floor area in order to construct a 9,504 s.f. retail plaza. Attorney Angley passed out a brief entitled McDe Realty, LLC dated May16, 2012 and introduced Mark Flaherty of Flaherty & Stefani of Plymouth, MA who presented the site and landscaping plans for the proposed construction of a commercial building. The applicant has made various changes to the previously submitted petition for Case No. 3638 which was denied on January 18, 2012.
Public comment in favor: None
Public comment in opposition: Glenn Justice and Jack Girard
Mr. McGuiness spoke on behalf of his proposed project.
Hearing closed.
Mr. Peck motioned to approve Case No. 3667 with conditions as amended. Mr. Leary seconded. Granted unanimously (5-0).
Submitted Documentation:
Town of Plymouth Assessor’s Office certified abutters listing dated March 28, 2012;
Two (2) sets of mailing labels;
Cover Letter of Submissions from Flaherty & Stefani, Inc., Plymouth, MA dated April 2, 2012;
Zoning Board of Appeals petition application dated April 2, 2012;
Town of Plymouth Department of Inspectional Services denial dated March 28, 2012;
Executed waiver of time received on April 3, 2012;
Storm Water Analysis & Drainage Report prepared by Flaherty & Stefani, Inc., Plymouth, MA dated March 28, 2012;
Plymouth County Registry of Deeds quitclaim Deed dated July 30, 2007;
Elevation plans (2 pages);
Site Plan of 2240 State Road, Plymouth, MA prepared by Flaherty & Stefani, Inc., Plymouth, MA dated March 28, 2012;
Town of Plymouth Fire Department review letter dated April 24, 2012;
Planning Board recommendation dated May 8, 2012;
Email from Cedarville Steering Committee dated May 1, 2012;
Email regarding drainage mitigation dated May 3, 2012;
Abutters letter from Cedarville Wine & Spirits, Sharon Sorcenelli dated April 30, 2012; and
Design Review Board review memo dated May 14, 2012; and
Brief, Attorney Edward T. Angley, Plymouth, MA passed in during hearing
No further business came before the Board in open session.
Respectfully submitted,
Marilyn Byrne
Marilyn Byrne
Administrative Secretary
Approved: 05/17/2012
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