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Zoning Board of Appeals Minutes January 15, 2014
Zoning Board of Appeals
Minutes
January 15, 2014

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, David Peck, Michael Main, William Keohan, James Simpson, and Mike Leary

Members absent:  Edward Conroy

Director of Inspectional Services:  Paul McAuliffe

Recording Secretary:  Tracey McCarthy

Mr. Conner called the meeting to order and explained the procedures for the evening.

Public Hearing:         
Camille Giles – Case # 3730
137D Taylor Avenue
Special Permit per Section 205-43 and Table 5 to waive the front, side, and rear setback requirements; and a Special Permit per Section 205-25, Paragraph A3 to move a non-conforming structure in order to relocate an existing house to a new location on a new pile foundation.

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

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

The Board received the following documentation* for review of this case:  
  • Notice of Public Hearing
  • ZBA Petition Application dated November 15, 2013
  • Department of Inspectional Services Denial dated November 4, 2013
  • Deed recorded as Certificate of Title No. 113849
  • December 17, 2013 Planning Board Comments
  • November 26, 2013 Department of Public Works – Engineering comments
  • December 2, 2013 Fire Department comments
  • December 6, 2013 Manomet Village Steering Committee comments
  • Unofficial Property Record Card
  • Aerial view of property
  • Site Photographs
  • Plan prepared by Flaherty & Stefani dated November 15, 2013
Mark Flaherty, Flaherty & Stefani, representing Petitioner, opened with introducing the  Assessors Map of the property and outlined the existing right of way.  He explained that the house is on the neighbor’s lot by a few feet.  Mr. Flaherty further explained that during the storm of 2013 the deck was destroyed and since the homeowners had to repair their deck they decided that it was also best to move the house so that it would be entirely on their lot.  Mr. Flaherty also stated that the homeowner will be going before the Conservation Commission in order to install a new septic system.  Mr. Flaherty then outlined the Special Permit that they are seeking and then went in to great detail outlining the plan.  Mr. Flaherty closed by providing the Board with an explanation to the Engineering’s Dept. comment #1.  

Public comment in favor:  Mr. Connolly, abutter.  He also made a recommendation to install fire sprinklers.  

Public comment in opposition:  None

The Chairman closed public comment.

The Chairman closed the public hearing.

Mr. Main motioned to approve Special Permit for Case No. 3730 with 3 conditions.  Mr. Peck seconded.  Granted unanimously (5-0)

Public Hearing:         
Paul & Mary Provencher – Case # 3731
10 Red Fox Lane
Special Permit per Section 205-43 and Table 5 to waive the front setback requirement; and, a Special Permit per         Section 205-25, Paragraph A3 to move a non-conforming structure in order to relocate an existing house to a new location onto a new foundation on the property.

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

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

The Board received the following documentation* for review of this case:  
  • Notice of public hearing
  • Department of Inspectional Services denial dated October 7, 2013
  • ZBA Petition Application
  • Deed recorded with Plymouth County Registry of Deeds in BK 26080, PG 331
  • December 17, 2013 Planning Board comments
  • December 4, 2013 Dept. of Public Works – Engineering comments
  • December 2, 2013 Fire Dept. comments
  • December 6, 2013 Manomet Village Steering Committee comments
  • Unofficial Property Record Card
  • Aerial Photo
  • Site Photographs
  • Plan prepared by Flaherty & Stefani dated November 15, 2013
Mark Flaherty, Flaherty & Stefani, representing Petitioner, showed photographs of where the property is located.  Mr. Flaherty stated that the Petitioner is looking to put in a new foundation because of dampness issues.  He stated that during the septic installation it was discovered that the structure isn’t entirely on their lot and therefore, the Special Permit request is to push the house over 4’ and elevate on concrete piles.  He further explained that in addition, a new septic system will be installed.  He closed by outlining the request for the Special Permits.  

Public comment in favor:  None

Public comment in opposition: None

The Chairman closed public comment.  

The Chairman closed the public hearing.   

Mr. Main motioned to approve Special Permit for Case No. 3731 as written.  Mr. Peck seconded.  

Granted unanimously (5-0)

Public Hearing:         
On The Tee – Case #3732
278 Court Street
Special Permit per Section 205-25, Paragraph A3 to change from one non-conforming use in a R20SL Zone, Retail to another non-conforming use, Eating & Drinking establishment, in order to operate an indoor golf facility.

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

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

The Board received the following documentation* for review of this case:  
  • Notice of public hearing
  • Dept. of Inspectional Services denial dated November 27, 2013
  • ZBA Petition Application
  • Deed – BK 182, PG 135 – Certificate No. 36535
  • Unofficial Property Card
  • Narrative from Applicant
  • Hand written floor drawing of On The Tee
  • Form B – MA Historical Commission
  • Aerial View of Locus
  • Figure 1 – Site Photographs
  • Figure 2 – Site Photographs
  • November 4, 2013 Letter from Abutter, Beverly Peterson
  • December 17, 2013 Planning Board comments
  • November 15, 2013 Comments from Frank & Susan Silva
  • January 7, 2014 Engineering comments
  • January 7, 2014 Fire Dept. comments
  • Plan dated December 10, 2013 prepared by Flaherty & Stefani
  • January 15, 2014 Memo from Lee Hartmann
Russell Quigg, Petitioner, opened by reading a letter on the history of On The Tee.  He stated that there have been no complaints against his business at this location since it began operating 2 months ago; and, no complaints since his inception 8 years ago.   Russell Quigg closed by explaining the nature of his business.  

Paul McAuliffe explained the zoning issue of this particular property.  He stated the issue here is because 10% of the property is zoned residential.  Mr. McAuliffe also stated that regardless of the zone, there are no parking issues.  

Peter Conner, Chair, mentioned for the record the two letters of opposition that were received from Frank and Susan Silva, and Peter Peterson.

Public comment in favor:  Mike Ellis; Mark Mitchell; Dustin Ellis; Richard Tassinari; Frederick Smith; Charles Frost; and Steve Baley.

Public comment in opposition:  Lisa Golz; Enzo Monti; Charlie Vandini; Katherine Vandini; Everett Malaguti; Cynthia Silva; and Joan Thompson.  

The Chairman closed public comment.  

Traci Quigg, Petitioner, explained that the business has held a liquor license since 2005.  

The Chairman closed the public hearing.   

William Keohan stated that he had reservations due to the non-conforming location.  Mr. Keohan believed that the owner should have done their due diligence for the zoning.  Mr. Keohan expressed he cannot support this request for the Special Permit.  

James Simpson stated he does not take issue with this request at all.  He expressed he supports the request for the Special Permit as long as the conditions recommended by Mr. Lee Hartmann are applied.  

Michael Main stated he has no problems.  He expressed he supports the request for the Special Permit.  

David Peck stated he is in support.  He believes there is very little opportunity for modest users to be detrimental to neighbors.  He expressed he supports the request for the Special Permit as long as the conditions recommended by Mr. Lee Hartmann are applied.  

Peter Conner stated he tends to agree with Mr. Keohan’s comments.  He doesn’t believe there is really an issue except with the neighbors that live around this property and he believes we owe it to them to protect the neighborhood.  He stated he is going to side with the neighbors here therefore he does not support the request for the Special Permit.  

Mr. Main motioned to approve Case No. 3732 with conditions as recommended by Mr. Lee Hartmann’s memorandum dated January 15, 2014.  Mr. Peck seconded.  The vote was 3 in favor (Mr. Peck, Mr. Main, and Mr. Simpson) and 2 in opposition (Mr. Conner and Mr. Keohan).  Because the motion was not supported by four votes, the Special Permit was DENIED.  

Other Business:         Review and Approval of December 4, 2013 ZBA Meeting Minutes

Mr. Keohan motioned for the Board to approve the December 4, 2013 Meeting Minutes as presented.  Mr. Peck seconded. Agreed unanimously (6-0)

Other Business:         Review and Approval of December 18, 2013 ZBA Meeting Minutes

Mr. Main motioned for the Board to approve the December 18, 2013 Meeting Minutes as presented.  Mr. Keohan seconded. Agreed unanimously (5-0) Abstention:  Mr. Peck and Mr. Conroy

Mr. Keohan motioned to adjourn the meeting.  Mr. Simpson seconded.  Agreed unanimously (6-0)

*On file with the Zoning Board of Appeals in project case files.

Respectfully Submitted
Tracey McCarthy
Administrative Secretary

Approved:  February 5,2014