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: Michael Main, William Keohan, David Peck, Edward Conroy and Michael Leary
Members absent: Peter Conner and James Simpson
Staff present: Paul McAuliffe and Marilyn Byrne
Mr. Peck called the meeting to order and explained the procedures for the evening
Public Hearing – Case No. 3686
Jeffrey D. and Susan M. Baker
32 Nelson Street
Sitting: Mr. Peck, Mr. Keohan, Mr. Main, Mr. Conroy, and Mr. Leary
Mr. Keohan, the Clerk, read the legal advertisement into the record. He then read a letter from abutters Yara and Joseph Montminy opposing the modification.
The petitioner was represented by Atty. Harold Moody who presented to Board members his client’s reasons for his request to remove reference to the gift of a sidewalk easement in Condition No. 2, of the original Special Permit in Case No. 3663. At the time of the original petition, the applicant negotiated a gifted sidewalk easement and acceptable layout for the proposed buildings on his original plan in exchange for easement access through the gated rear portion of the subject property for use of the Nelson Park boat ramp rather than driving around and through the public park entranceway.
The petitioner is now requesting a modification of that Special Permit in Case No. 3663 in order to delete Condition No. 2, the gifted sidewalk easement..
Public comment in favor: none
Public comment in opposition: Eric Borges, Ruth Blake, George Froby, Lisa Tynan, Nicole Hales, Clare Montinary
Hearing Closed
Mr. Main motioned to deny the request for a modification of Case No. 3663, pertaining to Condition No. 2. Mr. Keohan seconded. Agreed unanimously (5-0)
Submitted Documentation:
Submission letter from Atty. Harold F. Moody, Jr., Plymouth, MA dated October 4, 2012;
Town of Plymouth certified assessors listing dated September 18, 2012;
Zoning Board of Appeals petition application dated October 4, 2012;
Environmental Impact Stated dated February 15, 2012;
Town of Plymouth Department of Inspectional Services denial dated September 20, 2012;
Quitclaim Deed dated January 11, 2012;
“Site Plan of Land to Accompany Special Permit Application” prepared by John R. Farren, Land Surveyor, Plymouth, MA dated January 4, 2012;
Executed waiver of time;
Planning Board recommendation dated November 20, 2012;
Public Hearing – Case No. 3599 Remand
James Deeb
Saquish Head
Atty. Brian K. Bowen, represented the petitioner, who has requested a Special Permit per Section 205-43 Table 5 to waive the side setback requirements and a Special Permit per Section 205-25 Paragraph A3 to enlarge/alter a non-conforming structure. Mr. Deeb began renovations of his summer cottage without benefit of a building permit.
Mr. Deeb first came before the Board on October 6, 2010 with a post facto filing for a Special Permit, which was denied. Mr. Deeb then filed with the Plymouth Superior Court of Appeals. The Court ordered a Status Review of the denial and remanded the Case back to the Zoning Board of Appeals. The Remand first came before the Board on October 17, 2012. Before the case commenced, Atty. Bowen’s office hand delivered a request for a continuance to December 5, 2012, which the Zoning Board of Appeals voted 5-0 in favor of. Now, it being December 5, 2012, Atty. Bowen has asked for another continuance due to the fact that the Zoning Board had a member absent and Atty. Bowen did not want to appear in front of an alternate Board member.
Board members asked for additional information from the petitioner before the next hearing: (1) blueprints with the actual location of the footprint of the house; (2) using Assessors’ maps only; (3) plans must be the original plans prior to the deck and renovations added without permit.
Mr. Main motioned to continue Case No. 3599 Remand until January 16, 2013 at 7:45 pm. Mr. Keohan seconded. Agreed Unanimously (5-0)
*Please note that the sitting members were not chosen at this point.
Public Hearing – Case No. 3687
Judith M. Dangelo
83 Asiaf Way
Sitting: Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Leary
Mr. Keohan, the Clerk, read the legal advertisement into the record.
Mr. Conroy recused himself from the hearing and left the room. Mark Flaherty, Flaherty and Stefani, Inc., represented the applicant, and agreed to proceed with four Board members.
The petitioner requested a Special Permit per Section 205-43 Section H subject to Environmental Design Conditions and Table 5 to create two 15,000 sq. ft. lots. Parcels 039-192 and 039-193 on Plat 45 of the Assessors Maps are currently not buildable as they are held in contiguous ownership with Parcels 039-117, 039-118, and 039-119. Mr. Flaherty presented details of the plans and addressed the list of comments the Board received in a memo prepared by Richard Bosse, EIT, Town Engineer, pertaining to this project.
Public Comment in favor: None
Public Comment in opposition: None
Neutral comment: David Bowman
Hearing closed
Mr. Main motioned to approve Case No. 3687 with two conditions. Mr. Keohan seconded. Granted unanimously (4-0)
Submitted Documentation:
Letter of Submission dated October 31, 2012 by Mark M. Flaherty, P. E.;
Associated Filing Fees;
Letter of Intent, Flaherty & Stefani, Inc., Engineers and Surveyors, Plymouth, MA dated October 31, 2012;
Certified Assessors Listing dated October 29, 2012;
Two (2) sets of mailing labels;
Town of Plymouth Department of Inspectional Services denial dated September 20, 2012;
Zoning Board of Appeals Petition Application dated October 31, 2012;
Executed waiver of time received on October 31, 2012;
Quitclaim Deeds (5)
Plan to Accompany Petition by Flaherty & Stefani, Inc., Plymouth, MA dated October 23, 2012;
Environmental Impact Statement dated October 31, 2012;
Planning Board recommendation dated November 20, 2012;
Aerial views of property by the Department of Planning and Development;
Unofficial property record cards of (1) 82 Beach Street and (2) Asiaf Way dated October 18, 2012;
Town of Plymouth Department of Public Works Engineering Division review letter dated November 20, 2012;
Town of Plymouth Fire Department review letter dated November 27, 2012; and
Response letter from Mark Flaherty, Flaherty & Stefani, dated November 28, 2012 to the Department of Public Works review letter dated November 20, 2012.
Other Business:
Clerical change – Case No. 3685
Peter and Barbara Palfrey
Saquish Head
Sitting: Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy
A clerical error exists, relating to Condition No. 1 of the original decision for Case No. 3685 filed with the Town Clerk on October 17, 2012. Condition No. 1 will now read:
The storage building shall be limited to a half bath, and shall have no overnight living accommodations. A kitchen is not allowed.
Mr. Keohan motioned to approve the clerical change. Mr. Conroy seconded. Approved (3-1) Mr. Main disapproved.
Mr. Keohan motioned to close the hearings. Mr. Main seconded. Agreed unanimously
(5-0).
No further business came before the Board.
Respectfully submitted,
Marilyn Byrne
Marilyn Byrne
Administrative Secretary
Approved: 12/6/2012
| 
