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ZBA approves Paquette rebuild at 40 Avenue B amid neighbor concerns and ongoing boundary litigation; construction hours restricted

September 16, 2025 | Town of Plymouth, Plymouth County, Massachusetts


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ZBA approves Paquette rebuild at 40 Avenue B amid neighbor concerns and ongoing boundary litigation; construction hours restricted
The Plymouth Zoning Board of Appeals approved, 4–1, a special permit (case 4181) allowing Maureen Paquette to demolish and reconstruct a preexisting nonconforming single‑family dwelling at 40 Avenue B. The board attached five conditions, including a requirement to show a driveway and parking area on plans, to meet several engineering recommendations, and to prohibit any construction activity before 7:00 a.m.

Bill (representative for the petitioner) and Chris Sanderson of Merrill Engineers presented site plans and said the new structure would remain within the existing footprint horizontally but gain a second story. The project includes replacing two antiquated cesspools with a new septic system sited toward the front of the lot to move leaching areas away from an isolated vegetated wetland; the Board of Health has approved the septic design, the presenters said. Sanderson described conservation commission conditions requiring partial filling and replication of wetland area at a 1.5:1 ratio and said the project reduces nonconformity by pushing the house back about 3.6 feet from the front property line.

Several neighbors raised concerns at the public comment period. Michael Keane asked whether the conservation requirement for an on‑site dumpster had been included on the plan and whether the revised wetland demarcation might permit moving the septic. Robert Saint Lawrence, a 39 Avenue B resident, told the board there is active litigation over the roadway boundary and asked that any approval be conditioned to prevent trespass or damage until the court resolves it; he sought a continuance. Contractor Mike Mulligan and the project team said they had tested vehicle access and planned to use trailers and smaller equipment to minimize impacts.

Attorney Sims and other presenters told the board the pending litigation over a fence and right‑of‑way among 39 and 40 Avenue B abutters is a separate civil matter and does not prevent the board from ruling on the special permit. Board members pressed the applicant on stormwater grading, the location of a short force main for a pump system serving the new septic, construction staging, and DPW/engineering comments. The board added the construction‑hours condition (no construction or warm‑ups before 7:00 a.m.), required a plan showing on‑site parking and vehicle access, and asked the applicant to meet the engineering conditions in the record before permitting.

The motion to approve included staff and engineering conditions and the new start‑time restriction; the vote was 4 in favor, 1 opposed. The board recorded the vote and instructed staff to reflect engineering and conservation requirements in the conditions.

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Scribe from Workplace AI
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