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, Michael Main, William Keohan, Edward Conroy, James Simpson, and Michael Leary
Members absent: David Peck
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. 3681
Kevin Shea
27 Shore Road
Sitting: Peter Conner, William Keohan, Michael Main, Edward Conroy and James Simpson
Mr. Keohan, the Clerk, read the legal advertisement into the record.
The petitioner represented himself requesting a Special Permit per Section 205-42 and Table 5 to waive the side setback requirement and a modification of Special Permit No. 3621 access requirements in order to construct a front porch, and to modify access improvement conditions as specified in Special Permit No. 3621. After Special Permit No. 3621 was issued to the petitioner, the Town received a grant to improve Shore Road, thereby rendering the petitioner absolved of the modification of access improvement conditions in that case.
The Board conditioned Case No. 3681 that the final occupancy permit will be substantiated by either the Town Engineer or Mr. Shea’s Private Engineer certifying that the road work has been completed up to the level of improvement set forth in Special Permit No. 3621.
Public Comment: There was no public comment.
Hearing Closed
Mr. Keohan motioned to grant Case No. 3681 with one condition. Mr. Simpson seconded. Granted unanimously (5-0)
Submitted Documentation:
Town of Plymouth Department of Inspectional Services denial dated June 27, 2012;
Zoning Board of Appeals petition application dated June 27, 2012;
Filing Fees;
Town of Plymouth Assessors Office certified abutters listing dated July 5, 2012;
Mailing Labels;
Plymouth County Registry of Deeds Quitclaim Deed dated November 9, 2007;
Executed Waiver of Time;
Final Dwelling “As-Built” prepared by JC Engineering, Inc., East Wareham, MA dated March 5, 2012;
Town of Plymouth Department of Inspectional Services Notice of Violation dated June 21, 2012;
Town of Plymouth Department of Public Works, Engineering Division review dated July 3, 2012;
Planning Board recommendation dated July 24, 2012;
Site photos submitted by the Department of Planning & Development;
email to Sid Kashi, Plymouth Town Engineer from Valerie Massard, Town Planner dated June 27, 2012;
Residential Zoning Permit Application dated June 27, 2012; and
Copy of Zoning Board of Appeals Decision for Case No. 3621 dated February 16, 2011;
Public Hearing – Case No. 3682
Volta Oil Company
140 Samoset Street
Sitting: Peter Conner, William Keohan, Michael Main, Edward Conroy, and Michael Leary
Mr. Keohan, the Clerk, read the legal advertisement into the record.
Atty. Robert C. Betters, of Withington and Betters, represented the petitioner and introduced Mr. Peter Garrett from Volta Oil Company who requested a Special Permit per Section 205-19 and Table 1 in order to exceed the number and size of signs allowed on their property, specifically to add three smaller panels beneath existing pylon sign logos (28 SF total) and to add one 15 SF logo to the existing canopy signage.
Public Comment: There was no public comment.
Hearing Closed
Mr. Leary motioned to grant Case No. 3682. Mr. Main seconded. Approved (4-1). Mr. Keohan voted to deny.
Submitted Documentation:
Submittal Letter from Robert C. Betters, of Withington and Betters, Plymouth, MA dated July 5, 2012;
Town of Plymouth Department of Inspectional Services denial dated June 5, 2012;
Filing Fees;
Zoning Board of Appeals Petition Application dated July 5, 2012;
Town of Plymouth Assessors’ Office certified abutters listing dated June 27, 2012;
Abutters Labels;
Plymouth County Registry of Deeds Quitclaim Deed dated January 2, 2004;
Executed Waiver of Time received on July 9, 2012;
Copy of Zoning Board of Appeals decision Case No. 2841 dated April 14, 1998;
Shell RVI Evolution signage plans prepared for Volta Oil Company by Federal Heath Sign Company, Jacksonville, Texas dated March 19, 2012;
Town of Plymouth Department of Planning & Development Site Photos dated August 7, 2012;
Three (3) page email from Valerie Massard, Town Planner dated August 16, 2012;
Planning Board recommendation dated August 21, 2012;
Public Hearing – Case #3677
Eric J. Pontiff
Off Black Cat Road
Sitting: Mr. Conner, Mr. Keohan, Mr. Main, Mr. Conroy, and Mr. Simpson
The Petitioner has 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. This case was continued from a public hearing held on July 18, 2012.
Attorney Edward T. Angley, Plymouth, MA, the petitioner’s representative, submitted a letter requesting another continuance. Mr. Keohan, the Clerk, read Atty. Angley’s letter into the record.
Mr. Main motioned to continue Case No. 3677 to October 3, 2012 at 7:45 PM. Mr. Conroy seconded. Agreed unanimously (5-0).
Public Hearing – Case No. 3676
John S. Parsons, Trustee of 19 Winslow Street
Realty Trust and 78 Water Street, LLC
72 + 74 Water Street
Sitting: Mr. Conner, Mr. Keohan, Mr. Main, Mr. Simpson, and Mr. Leary
Atty. Richard Serkey represented the petitioner who was requesting a Special Permit per Section 205-54, Paragraph E3 and Table 5 to waive the side setback requirements and a Special Permit per Section 205-25, Paragraph A3 to enlarge a non-conforming structure.
The Pillory Pub and the John Alden Gift Shop are located on the Historic Plymouth Waterfront overlooking the Mayflower replica and the State Park. The proposed renovations, a set of stairs and landing, would be constructed in an alley lying between the two buildings in order to provide emergency access to a second floor apartment above the Pillory Pub. The proposed work is in keeping with the Historic District Commission requisite for work.
The Board and Atty. Serkey had agreed to continue this case due to the fact that as of the August 1, 2012 public hearing the Fire Department and Building Commissioner had not yet reviewed the proposed work The Fire Department and Building Commissioner have now submitted favorable reviews for this project. Board members had some concern regarding safety issues with people walking on the sidewalk
Public Comment: There was no public comment
Hearing Closed
Mr. Main motioned to approve Case No. 3676. Mr. Leary seconded. Granted (4-1). Mr. Keohan voted to deny.
Submitted Documentation:
Town of Plymouth Department of Inspectional Services denial dated June 18, 2012;
Filing Fees:
Town of Plymouth Department of Inspectional Services approval for ceiling height, etc dated April 23, 2012;
Zoning Board of Appeals Petition Application dated May 31, 2012;
Zoning Board of Appeals Amended Application dated May 31, 2012 and June 19, 2012;
Executed Waiver of Time received on June 5, 2012;
“Plan to Accompany Petition” prepared by Flaherty & Stefani, Inc., Plymouth, MA dated May 8, 2012;
Town of Plymouth Certified Abutters Listing dated June 7, 2012;
Property Record Card for 72 Water Street dated May 31, 2012;
Property Record Card for 74 Water Street dated May 31, 2012;
Town of Plymouth Zoning Department of Inspectional Services Application received June 5, 2012;
Plymouth County Registry of Deeds Quitclaim Deed dated October 21, 1997 for 72 Water Street;
Plymouth County Registry of Deeds Quitclaim Deed dated July 25, 2003 for 74 Water Street;
Town of Plymouth Department of Public Works review letter dated June 25, 2012;
Unofficial Property Record Card for 72 Water Street, Plymouth, MA dated June 18, 2012;
Site Photo and Aerial View by the Department of Plymouth and Development;
Planning Board recommendation dated July 24, 2012;
Massachusetts Historic District Commission Form B Building No.1582, four (4) pages, dated July, 2008;
Elevation renditions four (4) pages dated December 6, 2011;
National Register Criteria Statement;
Plymouth Historic District Commission Application for Certificate dated December 7, 2011;
Design Review Board review memo dated July 18, 2012;
Site photo’s passed in during public hearing on August 1, 2012 by Atty. Richard Serkey; and
Town of Plymouth Fire Department review letter dated August 8, 2012.
Other business: The Board and the Building Commissioner further discussed Case No. 3681, Kevin Shea, regarding the modification aspect of the case, being that the Board had originally asked the petitioner to do the work on the road, and now that the Town is doing the work the Special Permit needs to be modified.
No further business came before the Board in open session.
Public Hearing Closed. Mr. Keohan motioned to close the public hearing. Mr. Conroy seconded. Agreed Unanimously.
Respectfully submitted,
Marilyn Byrne
Marilyn Byrne
Administrative Secretary
Approved: 09/11/2012
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