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: Marilyn Byrne
Mr. Conner called the meeting to order and explained the procedures for the evening.
Public Hearing – Case No. 3685
Peter W. and Barbara A. Palfrey
Saquish Head
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy
Mr. Keohan, the Clerk, read the legal advertisement into the record.
Mark Flaherty of Flaherty and Stefani, Inc. represented the petitioner who requested a Special Permit per Section 205-43 and Table 5 to waive the front and side setback requirements in order to demolish an existing recreation/storage building and construct a new recreation/storage building in another location on the property. Mr. Flaherty passed out site photos to Board members and presented an overview of the property. He summarized the proposed work stating that there have been no improvements made to this property in fifty years. The family uses the small building for storage and recreational space, and enjoys using the structure to get away from the main house. If the petitioner rebuilt the new structure on the site of the present structure, the new building would block the petitioner’s view of Duxbury Bay.
Relocating the new structure would not block the petitioner or abutting neighbor’s views of Duxbury Bay.
There was no public comment.
Hearing closed.
Mr. Keohan motioned to approve Case No. 3685 with conditions as discussed. Mr. Peck seconded. Granted (4-1). Mr. Main opposed.
Submitted Documentation:
Submittal Memo from Flaherty & Stefani, Inc., Engineers and Surveyors, Plymouth, MA dated August 20, 2012;
Unofficial Property Record Card – August 20, 2012;
“Accessory Building Re-Construction Plan” prepared by Flaherty & Stefani, Inc., Plymouth, MA dated May 3, 2012, revised August 15, 2012;
Replacement Storage/Recreation Floor Plan with Proposed Deck architectural renditions received on August 20, 2012;
Plymouth County Registry of Deeds Deed dated October 12, 2011;
Town of Plymouth Department of Inspectional Services denial dated August 8, 2012;
Zoning Board of Appeals petition application dated August 20, 2012;
Town of Plymouth Assessors’ Office certified assessors listing dated July 30, 2012;
Mailing Labels;
Executed waiver of time received on August 20, 2012;
Filing fees;
Town of Plymouth Department of Public Works review letter dated August 22, 2012;
Planning Board recommendation dated September 11, 2012;
Aerial view site map by the Department of Planning and Development received on September 12, 2012;
Design Review Board review letter dated September 18, 2012;
Site Photo’s (2) received on September 25, 2012;
Site photo’s passed in by Mark Flaherty during public hearing on October 3, 2012; and
Email from abutting neighbor Rick Meyer passed in during public hearing on October 3, 2012;
Public Hearing – Case No. 3677
Eric J. Pontiff, President of E. J. Pontiff, Inc.
Off Black Cat Road
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy
Atty. Edward T. Angley 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. This case started on July 18, 2012, was continued to September 5, 2012, and continued again to October 3, 2012.
Atty. Angley passed out a Brief to the Board members and explained the history of Mr. Pontiff’s past Special Permits for gravel removal and outlined Mr. Pontiff’s new proposed plan to remove gravel, for an agricultural use of the property, in order to create new cranberry bogs and a tailwater recovery system.
He then introduced Mark Flaherty of Flaherty and Stefani, Inc. who presented an overview of the property site and explained the “Monthly Status Report of Gravel Removal to Develop Productive Cranberry Bogs for Eric J. Pontiff” regarding the inspection of dust suppression, inspection of traffic control, and gravel removal to date, which Mr. Flaherty submits to Paul McAuliffe, the Building Commissioner as required by the Board of Appeals conditions as listed in prior Case #3580.
Public comment in favor: Kathleen Garuti.
Public comment in opposition: Atty. Robert W. Galvin, Duxbury, MA, Lorraine Ramsay, Ron Ferioli, Mario Costa, William Lydon, and Jill Lydon.
Hearing Closed.
Mr. Main motioned to approve Case No. 3677 with conditions. Mr. Peck seconded. Granted (4-1) Mr. Conroy opposed.
Submitted Documentation:
Plan to Accompany Zoning Petition for a Proposed Cranberry Bog Expansion prepared by Flaherty & Stefani, Inc., Plymouth, MA dated February 28, 2012;
Town of Plymouth Department of Inspectional Services denial dated March 8, 2012;
Zoning Board of Appeals petition application dated March 15, 2012;
Executed Waiver of Time received June 6, 2012;
Two (2) sets of mailing labels;
Filing fees:
Town of Plymouth Certified Assessors’ Listing dated March 8, 2012;
Environmental Impact Statement dated March 15, 2012;
Submittal Memorandum from Flaherty & Stefani, Inc. dated June 5, 2012;
Plymouth County Registry of Deeds quitclaim deed dated January 9, 2008;
Plymouth County Registry of Deeds quitclaim deed dated May 15, 1946;
Plymouth County Registry of Deeds quitclaim deed dated April 17, 1964;
Narrative Report submitted by Flaherty & Stefani, Inc., Plymouth, MA dated March 15, 2012;
Town of Plymouth Planning Board recommendation dated July 3, 2012;
Town of Plymouth Department of Planning and Development Site Photos received on July 9, 2012;
Memo to the Planning Board from Valerie Massard, Town Planner dated June 28, 2012;
Flaherty & Stefani, Inc., Engineers and Surveyors, Plymouth, MA May 2012 Monthly Status Report dated June 14, 2012;
Letter from Attorney Edward T. Angley, Plymouth, MA to abutters dated May 23, 2012;
Letter dated July 18, 2012 from Attorney Edward T. Angley, Plymouth, MA requesting a continuance;
Review letter from David Gould, Environmental Resources Manager, Town of Plymouth, dated August 16, 2012 accompanied by a GIS Representational Use Bing Map;
Continuation letter from Atty. Edward T. Angley dated September 4, 2012;
Monthly report of Gravel Removal for May, 2012 dated June 14, 2012;
Monthly report of Gravel Removal for June, 2012 dated September 11, 2012;
Monthly report of Gravel Removal for July, 2012 dated October 1, 2012;
Memo from David Gould, Environmental Resources Manager, Town of Plymouth dated September 18, 2012;
“Channel Pool” prepared for E. J. Pontiff, Inc. prepared by Flaherty & Stefani, Inc., Plymouth, MA dated September 17, 2012;
Summary Brief to support Special Permit by Atty. Edward T. Angley dated October 3, 2012;
Email from Atty. Robert W. Galvin, Duxbury, MA dated September 28, 2012 with two attachments (related cases);
Social Law Library Land Court decisions passed in during public hearing on October 3, 2012;
Fall Town Meeting 2009 Open Space Committee Articles 21 Fight to Farm By-Law passed in by Atty. Angley during public hearing on October 3, 2012;
Site photo’s passed in during public hearing on 10/3/12; and
Farm conservation plan outlining the implementation of best management practices for cranberries production for Eric Pontiff’s Black Cat Road Bog System passed in during public hearing on 10/3/12.
No further business came before the Board in open session.
Mr. Conner asked for a roll call vote to be taken to enter into Executive Session and announced that the Board would not be returning to open session.
A roll call vote was taken to enter into Executive Session to discuss pending litigation regarding Industrial Tower and Wireless, LLC, Case No. 3633.
Peter Conner – Yes; David Peck – Yes; Michael Main – Yes; Edward Conroy – Yes; William Keohan – Yes; James Simpson – Yes; and Michael Leary – Yes.
Agreed unanimously (7-0). The Board entered Executive Session and did not return to open session.
Respectfully submitted,
Marilyn Byrne
Marilyn Byrne
Administrative Secretary
Approved: 10/4/2012
| 
