Skip Navigation
This table is used for column layout.
Zoning Board of Appeals Minutes March 19, 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, Edward Conroy, Michael Leary, and James Simpson

Recording Secretary:  Tracey McCarthy

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

Public Hearing:         Case #3738 – Matthew Squillante
                        64 Off Billington Street
                        Special Permit per Section 205-42 & Table 5 to waive rear or front setback

Sitting:  Mr. Conner; Mr. Keohan; Mr. Main; Mr. Conroy; and Mr. Peck

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
  • January 30, 2014 ZBA Petition Application
  • January 28, 2014 Dept. of Inspectional Services Denial
  • Quitclaim Deed recorded with Plymouth County Registry of Deeds – BK 27546, PG 288
  • February 25, 2014 Planning Board comments
  • February 20, 2014 Engineering comments
  • February 19, 2014 Fire Dept. comments
  • Drawing of garage to be constructed
  • As-Built Plan of Septic System
  • Unofficial Property Card
  • Aerial Photo
  • Plan of Land dated February 4, 2014
Matthew Squillante, Applicant, explained he would like to construct a 3 car garage for personal vehicles and utility equipment he has accumulated over the years.  He stated that the upstairs of the garage will be for storage and that a bathroom will be installed in the lower level.  He then noted that a new septic system was installed in 2004.  Matthew provided dimensions of the proposed garage.  

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. 3738 with 2 conditions.  Mr. Peck seconded.  

Granted unanimously (5-0)

Public Hearing:         Case #3739 - Tupper
                        275 Black Cat Road
                        Variance of the area requirements under RR Section 205-40 and   
                        Table 5 in order to subdivide a pre-existing lot to convey a portion to                         
                        the abutting neighbor.

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

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
  • February 26, 2014 Memo from Withington and Betters
  • ZBA Petition Application
  • Dept. of Inspectional Services Denial dated January 29, 2014
  • Deed recorded with Plymouth County Registry of Deeds in BK 29967, PG 124
  • March 4, 2014 Planning Board comments
  • February 20, 2014 Engineering comments
  • February 25, 2014 Fire Dept. comments
  • Unofficial Property Record Card
  • Aerial view of property
  • February 18, 2014 Letter from Everett Cook
  • February 18, 2014 Letter from David Morey
  • February 24, 2014 Letter from Lisa Brini
  • March 11, 2014 Email from Marc & Maureen Garrett
  • Plan of Land prepared by John R. Farren and dated January 8, 2014
Atty. Robert Betters, representing Applicant, opened by articulating existing and proposed conditions for the variance.  He stated the property to be conveyed is more suitable to the abutters because they are currently using the property to store lobster traps; and, it is not feasible for the Applicant to use the property because it is essentially the abutter’s back yard.  Additionally, whereas the abutter is currently using the property, the Applicant believes by granting this variance it would minimize their liability.  Atty. Betters then reviewed the plan of land and summarized his February 26, 2014 memo.  Atty. Betters closed by discussing the criteria for granting a variance and how this case meets satisfies it.    

Public comment in favor:  None

Public comment in opposition: None

The Chairman closed public comment.  

The Chairman closed the public hearing.   

Mr. Peck motioned to approve request for a Variance for Case No. 3739.  Mr. Main seconded.  

Granted unanimously (5-0)

Other Business:         Review and Approval of March 5, 2014 ZBA Meeting Minutes

Mr. Peck motioned for the Board to approve the March 5, 2014 Meeting Minutes as presented.  
Mr. Keohan seconded. Approved unanimously (6-0).  Abstention from Mr. Main.  

Other Business:         Appeal Application Filing for 16 Caswell Lane

The Board discussed appeal application for 16 Caswell Lane and the lack of the required documentation to make this an official filing.  

Mr. Peck motioned for the Board to find that without the necessary documentation and fees, this application is incomplete.  Mr. Keohan seconded.  All in favor (7-0)

Mr. Main motioned to adjourn the meeting.  Mr. Keohan seconded.  Agreed unanimously (7-0)

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

Respectfully Submitted
Tracey McCarthy
Administrative Secretary

Approved:  April 16, 2014