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Zoning Board of Appeals Minutes January 2, 2013
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. 3688
David Glaude & Renee Paquette
224 Manomet Point Road

Sitting: Mr. Conner, Mr. Keohan, Mr. Main, Mr. Conroy, and Mr. Simpson
        
Mr. Keohan, the Clerk, read the legal advertisement into the record.
        
Don Bracken of Bracken Engineering, Inc., Buzzards Bay, MA represented the applicant who is requesting a Special Permit per Section 205-25 Paragraph A3 to enlarge a non-conforming structure and a Special Permit per Section 205-43 and Table 5 to waive the side and front setbacks in an R20SL Zone in order to remove and enlarge/replace the existing first-story rear deck, demolish and reconstruct the existing main floor, increase the size of the front stoop, and add a second story to the existing dwelling, with two smaller second story rear decks.

Mr. Bracken displayed the site plan and explained the proposed architectural plans for the project. He also addressed the list of comments made by the Town Engineer in a review letter of November 29, 2012 and responded to each comment.

There was much discussion by Board members concerning steps that encroached on the neighbor’s property. Mr. McAuliffe, Building Commissioner, explained that the steps in question were actually on the neighbor’s property.

There was no public comment.

Peter Olsen stated that he has no problem with the height of the proposed work, but would have a problem with enlarging the footprint of the building on the property.
        
Hearing Closed

Mr. Main motioned to approve Case No. 3688 with conditions as discussed. Mr. Keohan seconded. Granted unanimously (5-0)

Submitted Documentation:

Proposed Site Plan prepared by Bracken Engineering, Buzzards Bay, MA dated September 5, 2012;
Architectural rendering prepared by n:rd (noseworthy: residential design), Pembroke, MA;
Filing fees;
Town of Plymouth Certified Abutters Listing dated October 18, 2012;
Mailing Labels;
Quitclaim deed dated September 8, 2006;
Executed Waiver of Time received on November 1, 2012;
Town of Plymouth Department of Inspectional Services denial dated October 23, 2012;
Zoning Board of Appeals petition application dated October 31, 2012;
Fire Department Review Letter dated November 6, 2012;
Department of Public Works review letter dated November 29, 2012;
Planning Board Recommendation dated December 11, 2012;
Five (5) GIS photo’s submitted by the Planning Department received on December 12, 2012;
Property record card dated November 28, 2012;

Public Hearing – Case No. 3689
Brian Stuart & Lisa Brini (of RESP Development Corporation)
2 Manomet Beach Boulevard

Sitting:  Mr. Conner, Mr. Keohan, Mr. Main, Mr. Conroy, and Mr. Leary

Mr. Keohan, the Clerk, read the legal advertisement into the record.

Mark Flaherty, of Flaherty & Stefani, Inc., Plymouth, MA represented the applicant who needs a Special Permit per Section 205-43 Paragraph D2 and Table 5, subject to Environmental Design Conditions to create two (2) 15,000 sq. ft. lots in an R20SL Zone. Mr. Flaherty displayed the site plan and explained the proposed architectural plans to the Board. He then addressed the list of comments made by the Town Engineer in a review letter of November 20, 2012 and responded to each comment.

There was no public comment.

Leonard McGuire, an abutter, spoke to the Board regarding existing drainage problems at the petitioner’s location. He has concerns that if granted, more drainage problems would be expected.  Mr. Flaherty responded to Mr. McGuire that the Town Engineers found two catch basins buried under sediment and leaves which rendered the catch basins inoperable, and suggested that the applicant should clean the existing debris and overgrowth around these catch basins to make the existing drainage system operable, per No. 4 of the Engineers review letter.

Hearing closed  

Mr. Main motioned to approve Case No. 3689 with conditions as discussed.  Mr. Keohan seconded.  Granted unanimously (5-0)

Submitted Documentation:

Filing Fees;
Town of Plymouth Assessors’ Office certified abutters listing dated October 31, 2012;
Mailing Labels;
Submission of Documents Letter from Flaherty & Stefani, Inc., Plymouth, MA dated November 3, 2012;
Submission of Documents Memorandum in Support of Special Permit Petition from Flaherty & Stefani, Inc., Plymouth, MA dated November 3, 2012;
“Plan to Accompany Special Permit Application” prepared by Flaherty & Stefani, Inc., Plymouth, MA dated November 3, 2012;
Zoning Board of Appeals Petition Application dated November 3, 2012;
Town of Plymouth Department of Inspectional Services denial dated October 29, 2012;
Massachusetts Quitclaim Deed by Corporation recorded January 13, 2012 at the Plymouth County Registry of Deeds;
Executed waiver of time dated November 3, 2012;
Environmental Impact Statement dated November 3, 2012;
Aerial View of Site and Unofficial Property Record Card dated October 6, 2012;
Site photos by Department of Planning and Development received on December 18, 2012;
Fire Department Review Letter dated November 26, 2012; and
Department of Public Works review letter dated November 20, 2012;
Planning Board recommendation dated December 18, 2012;

Public Hearing – Case #3690
Kingstown Corporation
Off Long Pond Road

Sitting:  Mr. Conner, Mr. Conroy, Mr. Keohan, Mr. Main, and Mr. Simpson

Mr. Keohan, the Clerk, read the legal advertisement into the record.

Mr. Keohan then read a letter from Atty. Robert C. Betters dated December 26, 2012 requesting a continuance of the public hearing. The petitioner is seeking a Special Permit per Section 205-18 Paragraph B4, F & G and subject to Environmental Design Conditions and a Special Permit per Section 205-40, Paragraph D1 for the excavation of 250,000 cubic yards of gravel in an RR Zone.

Mr. Keohan made a motion to continue Case No. 3690 to March 6, 2013 at 7:30 pm

Mr. Simpson seconded. Agreed unanimously  5-0 to continue.

Mr. Main motioned to adjourn the hearing.  Agreed unanimously (6-0).

No further business came before the Board in open session.

Respectfully submitted,
Marilyn Byrne
Marilyn Byrne
Administrative Secretary

Approved: 01/03/2013