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: Lee Hartmann, Paul McAuliffe, and Marilyn Byrne
Mr. Conner called the meeting to order, explained the procedures for the evening, and welcomed the Planning Board who joined the Board of Appeals for a Land Use Workshop presented by Ilanna Quirk, Kopelman and Paige, Town Counsel for Plymouth, Massachusetts. Attorney Quirk conducted a Powerpoint presentation and answered questions from Board members covering such topics as open meeting law issues, conflicts of interest, public records, the automatic two-year extension, perfecting decisions, and surety requirements.
The Planning Board adjourned their participation in the Workshop and left the meeting.
Public Hearing – Case #3668
B.L.T. Realty Trust, Barry C. Tassinari, Trustee
463 Ryder Way, Plymouth Long Beach
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy
Mr. Keohan, the Clerk, read the legal advertisement into the record
Robert C. Betters, Esquire of Withington and Betters, Plymouth, MA represented the petitioner who requested a Special Permit per Section 205-25, Paragraph A3 to tear down a non-conforming structure and rebuild and modify a non-conforming structure, and a Special Permit per Section 205-42 and Table V to waive the setback requirements in order to tear down a legally non-conforming single-family dwelling and rebuild and modify a legally non-conforming dwelling.
There were two articles before Spring Town Meeting: 1) for the Town to acquire the Laughlin property on Long Beach in Plymouth, and 2) for the Town to swap the “Laughlin cottage and surrounding property” with the Tassinari property. The Tassinari family will swap their property, which consists of in excess of 54,000 square feet with the Laughlin Property, which consists of 27,400 square feet and an existing cottage. The Tassinari Family will convey their property to the Town and have agreed to pay the Town $100,000.00 in addition to the exchange of land. The Town has the right of first refusal if the land is ever conveyed outside of the Tassinari family.
Mark Flaherty of Flaherty & Stefani, Inc. of Plymouth, MA presented the plan for the potential razing and rebuilding of the “Laughlin cottage”and answered questions from the Board pertaining to the architectural design and septic issues.
David Gould, the Environmental Resources Manager for the Town of Plymouth submitted a memorandum as a letter of support citing that the proposed improvements to the septic system will result in Title V compliance and improvements to water quality and that the cottage, as proposed, will not result in negative impacts to natural resource habitat.
Public Comment in Favor: None
Public Comment in Opposition: None
Hearing closed.
Mr. Main motioned to Grant Case No. 3668 with one condition as discussed. Mr. Peck seconded. Granted unanimously (5-0).
Submitted Documentation:
Submission letter from Atty. Robert Betters, Plymouth, MA dated March 29, 2012;
Town of Plymouth Department of Inspectional Service denial dated February 1, 2012;
Zoning Board of Appeals petition application dated March 28, 2012;
Town of Plymouth Assessors’ Office certified abutters listing dated March 21, 2012;
Two sets of mailing labels;
Filing Fees;
Plymouth County Registry of Deeds quitclaim deed dated April 30, 2008;
Plymouth County Registry of Deeds quitclaim deed dated January 24, 2012;
Transfer Certificate of Title dated April 28, 1927;
Transfer Certificate of Title dated April 30, 2008;
Executed waivers of time received on April 3, 2012;
Plan to Accompany Zoning Board of Appeals Petition prepared by Flaherty & Stefani, Inc ., Plymouth, MA dated March 13, 2012;
Architectural plans for Barry Tassinari, 463 Ryder Way, received on April 3, 2012;
Department of Public Works review letter dated April 11, 2012;
Planning Board recommendation dated May 15, 2012;
Nine (9) site photos;
Three (3) Locus of Ryder Way received May 22, 2012;
Unofficial Property Record Card – Plymouth MA dated May 3, 2012; and
Memorandum review letter from David Gould, Environmental Resource Director for the Town of Plymouth dated May 30, 2012;
Public Hearing – Case #3669
Joseph Marshall
7 Whiting Street
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy
Mr. Keohan, the Clerk, read the legal advertisement into the record.
Randy Parker of Land Management Systems, Plymouth, MA represented the applicant who requested a Special Permit per Section 205-43 and Table V to waive the side setback requirement for an accessory structure and explained that the pergola consists of open beams with rafters across the top, which are basically decorative features. The applicant plans to drape his existing wisteria plant over the top of the pergola. Mr. Parker answered several questions from the Board who felt that the wisteria plant would impose on the abutting property and cause problems for the neighbor.
The owner of the property, Terry Keating, read a prepared statement to the Board and felt that the pergola would not be a nuisance to the abutting property.
Public Comment in Favor: None
Public Comment in Opposition: John Lebica, 9 Whiting Street, read a prepared statement.
Hearing Closed
Mr. Main motioned to approve Case No. 3669. Mr. Keohan seconded. Mr. Peck moved to amend the original motion by denying Case No. 3669 without prejudice. Mr. Conroy seconded. Board voted (2-3) to amend Mr. Main’s motion, the amendment did not pass. Board voted (0-5) on the original motion to approve Case No. 3669, thereby denying the Case.
Submitted Documentation:
Town of Plymouth Department of Inspectional Services denial dated November 8, 2011;
Plymouth County Registry of Deeds Quitclaim Deed dated May 22, 2006;
Town of Plymouth Assessors’ Office certified abutters listing dated March 28, 2012;
Executed Waiver of Time;
Board of Appeals petition application dated April 20, 2012;
Two (2) Site photo’s submitted by applicant received on 4/18/12;
Two sets of mailing labels;
Filing fees;
Abutter letters from John Lebica dated May 14, 2012 and May 21, 2012;
Planning Board recommendation dated May 15, 2012;
Board of Appeals Petitioner’s Plan prepared by J. Randolph Parker, Jr., Plymouth, MA dated March 14, 2012;
Copy of Special Permit No. 3431 dated June 27, 2007;
Revised site plan received on May 15, 2012; and
Revised site plans dated May 17, 2012, received on May 22, 2012;
Mr. Main motioned to close the public hearing. Mr. Peck seconded. Agreed unanimously (7-0).
The Board entered into Executive Session in order to discuss pending litigation concerning the Industrial Tower & Wireless Case No. 3633 and did not return to regular session.
No further business came before the Board in open session.
Respectfully submitted,
Marilyn Byrne
Marilyn Byrne
Administrative Secretary
Approved: 06/07/2012
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