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: David Peck, Michael Main, William Keohan, Michael Main, James Simpson, and Michael Leary
Members absent: Peter Conner
Staff present: Marilyn Byrne
Mr. Peck called the meeting to order and explained the procedures for the evening.
Public Hearing – Case No. 3692
Stephen Forcier
The Gurnet
Sitting: Mr. Peck, Mr. Keohan, Mr. Main, Mr. Conroy, and Mr. Simpson
Mr. Keohan, the Clerk, read the legal advertisement into the record.
The petitioner requested a Special Permit per Section 205-43 and Table 5 to seek relief from setback requirements and a Special Permit per Section 205-25 Paragraph A3 to rebuild or enlarge a non-conforming structure in order to construct a 24’ by 16’ one-story garage.
Steve Kotowski of Webby Engineering Associates, Inc., Plympton, MA represented the applicant and presented his plans for the proposed project. The applicant would like to construct an accessory structure diagonally across from his home. There is currently a shed on the property which will be removed and the applicant proposes to build a 24’ x 16’ garage. The Board addressed the abutters letters concerning grading from a prior septic installation project, which resulted in the grade becoming higher. The higher grade made access to their property more difficult.
Mr. Kotowski introduced Mr. Forcier who answered questions from Board members regarding the issues raised by the neighbors. Mr. Forcier agreed to re-grade the property with his own machinery in order to satisfy the abutters, so therefore, was a non-issue to the Special Permit request.
Public Comment in Favor: James Magee
Public Comment in Opposition: Stevens C. Vinal, represented abutter Heather Esposito
Hearing Closed
Mr. Main motioned to approve Case No. 3692 with three conditions. Mr. Simpson seconded. Granted unanimously (5-0)
Submitted Documentation:
Town of Plymouth Department of Inspectional Services denial dated November 21, 2012;
Executed Waiver of Time received on December 17, 2012;`
Quitclaim deed dated March 16, 2012;
Filing Fees;
Town of Plymouth Assessors’ Office certified abutters listing dated November 19, 2012 and mailing labels;
Zoning Board of Appeals petition application dated December 12, 2012;
Plot Plan of Land prepared by Webby Engineering Associates, Inc. Plympton, MA dated December 12, 2012;
Elevation Plans for Proposed Garage prepared by GTH Designs dated December 11, 2012;
Fire Department review letter dated January 8, 2013;
Department of Public Works review letter dated January 22, 2013;
Design Review Board review letter dated January 23, 2013;
Abutters letter from Heather McGraw dated January 28, 2013;
Site photos prepared by the Department of Planning and Development;
Planning Board recommendation dated January 29, 2013;
Aerial view received on January 29, 2013;
Locus map received on January 29, 2013; and
Abutters’ letter from Margery McGraw dated January 28, 2013; and
Abutters’ letter from the McGraw Gurnet Family Trust accompanied by photos received on February 21, 2013.
Public Hearing – Case No. 3699
Walter Zaverucha of 4M 9 Aldrin, LLC
9 Aldrin Road, Unit 9, Plymouth Industrial Park
Sitting: Mr. Peck, Mr. Keohan, Mr. Main, Mr. Conroy, and Mr. Leary
Mark Flaherty, of Flaherty & Stefani, Inc., Plymouth, MA represented the petitioner who requested a Special Permit per Section 205-51 Paragraph C9 in order to open a Fred Astaire dance studio. Mr. Flaherty introduced the applicant, Walter Zaverucha, owner of the property and Catherine Baird from the Fred Astaire Dance Studio. Mr. Flaherty presented his case to the Board citing similar Special Permits granted for businesses in this general area of the Plymouth Industrial Park. He further stated that there is excessive parking in the lot and adequate lighting across the building safeguarding patrons who would be attending at night. The proposed dance studio will contain two small offices, kitchenette space, two ballroom dance studios, and two handicap accessible restrooms.
There was no public comment.
Hearing Closed
Mr. Main motioned to approve Case No. 3699 with two conditions. Mr. Peck 2nd. Granted unanimously (5-0)
Submitted Documentation:
Zoning Board of Appeals petition application dated November 3, 2012;
Assessors’ Office certified abutters listing dated December 27, 2012 and mailing labels;
Filing Fees:
Department of Inspectional Services denial dated December 20, 2012;
Executed waiver of time received on January 9, 2013;
Plymouth County Registry of Deeds “Deed” dated May 31, 2011;
Site Plan prepared by Flaherty & Stefani, Inc., Plymouth, MA dated December 29, 2012;
Architectural rendering of “Fred Astaire Dance Studio” dated December 19, 2012;
Town of Plymouth Fire Department review letter dated January 17, 2013;
Town of Plymouth Department of Public Works review letter dated February 4, 2013;
Planning Board recommendation dated February 5, 2013; and
Locus map of site received from the Department of Planning and Development.
Public Hearing – Case No. 3693
DORCOD, LLC, c/o Breen Condon
11 and 15 Cape Cod Avenue
and
Public Hearing – Case No. 3694
DORCOD, LLC, c/o Breen Condon
17 Cape Cod Avenue and 35 Brush Hill Road
Sitting on both cases: Mr. Peck, Mr. Keohan, Mr. Main, Mr. Conroy, and Mr. Simpson
Mr. Keohan, the Clerk, read the (2) two legal advertisements into the record.
Steve Kotowski of Webby Engineering Associates, Inc., Plympton, MA represented the petitioner and presented his proposed plans to the Board for two Special Permits per Section 205-43 and Table V seeking relief from front, rear and side setback requirements and a Special Permit per Section 205-25 Paragraph A3 to rebuild a non-conforming structure. The Board allowed Mr. Kotowski to make his presentation for both cases at the same time. Both proposals were on the same Site Plan. The applicant has previously submitted a request for four Special Permits on adjacent properties, withdrew one case, and was approved for three Special Permits. There are now three new homes on the abutting lots. The Board had serious concerns with the pending un-perced septic systems and the adjacency to the proposed buildings. Board members felt that
there was too much congestion already at this location. The Board felt that this project would overburden the neighborhood and suggested that the applicant try to expand this project by including more of Lot No. 8, which the applicant owns. Mr. Kotowski noted that the next Lot, No. 8, might be used for future homes which would create even more congestion in this neighborhood.
Public Comment in Favor: None
Public Comment in Opposition: Phyllis Williams and John Kerins
Mr. Kotowski asked the Board if these two cases could be continued so he could go back to the applicant, who was not present at the hearing, and ask what his intentions are for Lot No. 8, and whether the plan could be adjusted to include more of that lot. The Board recommended that the applicant withdraw these two cases due to the fact that there are density concerns and the plan would require major modifications which are beyond the scope of what the Board can approve. Mr. Kotowski asked the Board to Withdraw Case No. 3694 and 3694.
Hearing Closed
Mr. Main motioned to Withdraw Case No. 3693 and 3694. Mr. Simpson seconded. Agreed unanimously (5-0)
Mr. Main motioned to adjourn the public hearing. Mr. Keohan seconded. Agreed unanimously
(6-0).
No further business came before the Board in open session.
Respectfully submitted,
Marilyn Byrne
Marilyn Byrne
Administrative Secretary
Approved: 03/14/2013
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