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, Edward Conroy, David Peck, William Keohan, James Simpson, and Mike Leary
Staff present: Paul McAuliffe and Marilyn Byrne
Mr. Conner, the Chairman, called the meeting to order and explained the procedures for the evening.
The Chairman called for a vote to enter into Executive Session for the purpose of discussing litigation strategies in the following actions:
Manomet Ponds, LLC v. Plymouth Zoning Board of Appeals, HAC No. 2005-08; and
Ferioli, et al, v. E. J. Pontiff, Inc. and Zoning Board of Appeals, Plymouth Superior Court, C.A. No. PLCV201-01291
A discussion of the foregoing in open session could have detrimental effect on the litigation position and negotiating position of the Town. Counsel Ilana Quirk, of Kopelman & Paige appeared on behalf of the Town.
Mr. Main moved to enter into executive session. Mr. Peck seconded. A Roll call vote was taken to enter into Executive Session.
Peter Conner – Yes; William Keohan – Yes; Edward Conroy – Yes; Michael Main – Yes; David Peck – Yes; James Simpson – Yes; Michael Leary – Yes.
Agreed unanimously (7-0).
Mr. Conner announced that the Board would return to open session at the conclusion of the Executive Session.
A roll call vote was taken to return to open session.
The Board returned to open session.
Public Hearing – Case No. 3599R
James Deeb
Off Central Avenue, Saquish Head
Post Facto Filing
Sitting: Mr. Conner, Mr. Peck, Mr. Main, Mr. Conroy, and Mr. Keohan
Atty. Brian K. Bowen of Winokur, Serkey & Rosenberg, P. C. Plymouth, MA 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 in order to relocate the existing structure, remove the addition, or to alter and enlarge the existing dwelling. 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. Then, on 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. The Board again approved the continuance.
Atty. Bowen spoke to the Board reviewing the above history of the case and answered questions from Board members. He introduced Mr. William Shaw of Associated Engineers of Plymouth, Inc. who presented his site plan showing alternative possibilities for the conclusion of this case.
The applicant’s representatives offered a condition that the petitioner will remove the 4 foot encroachment back to where it was before the work commenced by either two options: by removing the encroachment (the deck) or by moving the encroachment (the deck and house). The Board would not have to stipulate how this would be accomplished.
Public Comment in Favor: None
Public Comment in opposition: Keith D’Entremont and Timothy Foley.
Hearing Closed
Mr. Keohan motioned to approve Case No. 3599 R with conditions as discussed. Mr. Conroy seconded. Granted unanimously (5-0).
Submitted Documentation:
Certified abutters listing dated August 22, 2012;
Filing Fees;
Mailing Envelopes
Zoning Board of Appeals petition application dated August 22, 2012;
Town of Plymouth Department of Inspectional Services denial dated July 6, 2010;
The Superior Court Commonwealth of Massachusetts, notice to allow Remand dated March 14, 2012;
Plymouth County Registry of Deeds Quitclaim Deed dated August 12, 2009;
Executed waiver of time;
MA Department of Environmental Protection Order of Conditions dated June 23, 2009;
Supplemental Information in Support of Case submitted by William R. Shaw, PE, Associated Engineers of Plymouth, Inc., Plymouth, MA dated August 27, 2012;
Site Permitting Plans prepared by Associated Engineers of Plymouth, Inc., Plymouth, MA dated August 22, 2012;
Copy of original decision Case No. 3599 dated October 6, 2012;
Department of Public Works review letter dated September 18, 2012;
email from abutters Marilyn Geder-Folley and Timothy Foley dated October 1, 2012;
email from abutters Keith & Luanne (Geder) D’Entremont dated October 1, 2012;
Request for continuance from Atty. Brian K. Bowen of Winokur, Serkey & Rosenberg, Plymouth, MA dated October 15, 2012;
Planning Board recommendation dated October 16, 2012;
Department of Planning and Development site photos received on October 16, 2012; and
“Boundary and House Location” plan, prepared by Associated Engineers of Plymouth, Inc. dated July 29, 2010 and revised on November 27, 2012.
Mr. Main motioned to adjourn the public hearing. Agreed unanimously (7-0).
No further business came before the Board in open session.
Respectfully submitted,
Marilyn Byrne
Marilyn Byrne
Administrative Secretary
Approved: 01/17/2013
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