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, David Peck, Edward Conroy, James Simpson, and Mike Leary
Members absent: William Keohan
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. 3690
Kingstown Corporation
Off Long Pond Road
Sitting: Mr. Conner, Mr. Peck, Mr. Conroy, Mr. Main, and Mr. Simpson
The petitioner requested a Special Permit per Section 205-18 Paragraph B4, F & G 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.
Atty. Robert C. Betters represented the petitioner and submitted a letter to the Board dated March 4, 2013 requesting a second continuance of the public hearing. Atty. Betters explained to the Board that the applicant had not been able to deal with County issues in order to establish the ultimate intended use of this property. The Board felt that because there was no end use, and Atty. Betters couldn’t guarantee that there would be one within the next two months, the Board felt that the applicant should withdraw. Atty. Betters was prepared to withdraw and passed a Withdrawal Letter into the record asking that this case be Withdrawn Without Prejudice.
Mr. Peck motioned to allow the applicant to withdraw without prejudice Case No. 3690. Mr. Simpson seconded. Agreed unanimously (5-0).
Public Hearing – Case No. 3700
Joshua M. Bows
880 State Road
Sitting: Mr. Conner, Mr. Peck, Mr. Conroy, Mr. Main, and Mr. Leary
Mr. Peck read the legal advertisement into the record.
The petitioner requested a Special Permit per Section 205-43 Paragraph D2 and Table 5, subject to Environmental Design Conditions, in order to create two 15,000 sq. ft. lots. Joshua M. Bows, applicant and Senior Project Manager of Merrill Associates, Inc., Hanover, MA presented an overview of the plans and answered questions from Board members. There is an existing house on the property along with a functioning tennis court. The existing house will remain on one lot. The new buildable lot will house a single family home with an attached garage.
Public comment in favor: John J. McCoy
Public comment in opposition: None
Hearing Closed
Mr. Peck motioned to approve Case No. 3700 with conditions as discussed. Mr. Main seconded. Granted unanimously (5-0).
Submitted Documentation:
Cover letter from Joshua M. Bows, P.E., of Merrill Associates, Inc. Hanover, MA dated January 8, 2013;
Submission listing from Joshua M. Bows, P.E. dated January 8, 2013;
Filing Fees;
Department of Inspectional Services denial dated January 7, 2013;
Environmental Impact Statement dated December 28, 2012;
Town of Plymouth Assessors’ Office Certified Abutters Listing dated January 7, 2013, and mailing labels;
Zoning Board of Appeals petition application dated December 28, 2012;
Executed waiver of time received on January 10, 2013;
Nine (9) pages of site photos submitted by the applicant received on January 10, 2013;
Plymouth County Registry of Deeds “Quitclaim Deed” dated December 27, 2012;
Email from applicant dated January 10, 2013;
Site Plan prepared by Merrill Associates, Inc., Hanover, MA dated January 8, 2013;
Fire Department review letter dated January 17, 2013;
Department of Public Works review letter dated February 4, 2013;
Planning Board recommendation dated February 5, 2013;
Site photos prepared by the Department of Planning and Development dated January 28, 2013; and
Design Review Board memo dated February 28, 2013.
Public Hearing - Case No. 3697
Michael Getchell
39 Mayflower Street
Post Facto Filing
Sitting: Mr. Conner, Mr. Peck, Mr. Conroy, Mr. Main, and Mr. Simpson
Mr. Peck read the legal advertisement into the record.
Mr. Peck read an email into the record from the petitioner requesting a continuance.
The petitioner requested a Special Permit per Section 205-43 and Table 5 seeking to reduce the side setback requirements and a Special Permit per Section 205-25 Paragraph A3 to enlarge a non-conforming structure post facto. Mr. Getchell was not present for the public hearing.
Mr. Peck read an email dated Tuesday, February 26, 2013 to the Zoning Board of Appeals Administrative Secretary requesting a continuance for his hearing, stating that he needed time to prepare.
Mr. Getchell was not in attendance for the public hearing and therefore could not explain to the Board the reasons he felt were needed to continue. Mr. Getchell filed a petition application with the Zoning Board of Appeals on December 31, 2012. Some Board members felt that the applicant had ample time to prepare for the hearing.
Mr. Main motioned to continue the public hearing to March 20, 2013 at 8:15 pm. Mr. Peck seconded. The Board voted 2-3 to continue. Mr. Peck and Mr. Conroy voted in favor of a continuance. Mr. Simpson, Mr. Main, and Mr. Conner voted to oppose the continuance. The motion did not pass.
The hearing proceeded forward:
Mr. McAuliffe, the Building Commissioner submitted a package to the Board containing violation notices to the petitioner and gave a timeline of involvement with the applicant
On November 22, 2011 Mr. Getchell was sent a violation notice requesting him to immediately contact the Building Department regarding work, alteration, construction and/or repair of a building without a valid zoning and building permit.
On October 30, 2012 Mr. Getchell was sent a letter confirming his telephone conversation with the Department of Inspectional Services asking him to notify the Building Department when he would be going in front of the Zoning Board of Appeals for a decision on the illegally built unpermitted deck and hot tub.
On December 18, 2012 Mr. Getchell was sent a Violation Notice notifying him to file a demolition permit with the Building Department to remove the illegally constructed deck. The notice also stated that Mr. Getchell had been notified at other times to request compliance for the unpermitted work.
Public comment in favor: None
Public comment in opposition: Hadley LeClaire
Hearing closed.
Mr. Main motioned to deny Case No. 3697. Mr. Peck seconded. Agreed (4-1). (Mr. Conroy voted against the denial).
Submitted Documentation:
Town of Plymouth Assessors’ Office certified abutters listing dated December 20, 2012 and mailing labels;
Site Plan of Land prepared by Richard R. Voci, Jr. of Site Design Services, Raynham, MA dated January 12, 2012 (smaller size);
Full Size Site Plan of Land prepared by Richard R. Voci, Jr. Raynham, MA dated January 7, 2013;
Town of Plymouth Department of Inspectional Services denial dated January 3, 2012;
Zoning Board of Appeals petition application dated December 31, 2012;
Registry of Deeds Massachusetts Quitclaim Deed dated June 30, 2006;
Residential zoning permit application dated December 13, 2011;
Executed waiver of time received on December 31, 2012;
Letter to the Planning Board and Zoning Board of Appeals from Michael Getchell dated December 3, 2012;
Fire Department review letter dated January 16, 2013;
Department of Public Works review letter dated January 22, 2013;
email from Petitioner to Valerie Massard, Senior Town Planner, dated February 26, 2013;
Residential Zoning Permit Application and (2) attachments dated August 15, 2007;
Planning Board recommendation dated February 26, 2013;
(3) Site Photos prepared by Department of Planning and Development;
Unofficial property record card dated February 13, 2013;
email from applicant dated February 26, 2013;
Abutters packages from Hadley LeClair received on February 26, 2013;
email correspondence to Valerie Massard, Senior Planner, from applicant dated February 26, 2013;
email from applicant requesting a continuance dated February 26, 2013; and
Violation notice history package from the Building Commission received on March 5, 2013.
The following two cases were heard informally:
Judith M. Dangelo – Case No. 3687
83 Asiaf Way
Review of Conditions No. 1 and 2
Sitting: Mr. Peck, Mr. Main, and Mr. Leary
Mark Flaherty of Flaherty & Stefani, Inc., Plymouth, MA represented the petitioner. Mr. Flaherty presented a final set of plans to the Board that reflected completion of the conditions of approval of the Special Permit that was approved by the Board of Appeals on December 5, 2012.
Mr. Leary motioned to accept the conditions as completed. Mr. Peck seconded. Agreed unanimously (3-0)
Brian Stuart & Lisa Brini – Case No. 3689
2 Manomet Beach Boulevard
Review of Conditions No. 1 through 5
Sitting: Mr. Conner, Mr. Main, Mr. Conroy, and Mr. Leary
Mark Flaherty of Flaherty & Stefani, Inc., Plymouth, MA represented the petitioner. Mr. Flaherty presented a final set of plans to the Board that reflected compliance with the conditions of approval of the Special Permit that was approved by the Board of Appeals on January 2, 2013.
Mr. Main motioned to accept the conditions as completed. Mr. Leary seconded. Agreed unanimously (4-0).
Mr. Main motioned to adjourn the public hearing. Mr. Peck seconded. Agreed unanimously
(6-0).
No further business came before the Board in open session.
Respectfully submitted,
Marilyn Byrne
Marilyn Byrne
Administrative Secretary
Approved: 03/11/2013
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