Gene Beliveau, left, and supporters before the Plympton Zoning Board of Appeals on Dec. 18, 2018. (Abram Neal)
PLYMPTON — On Tuesday, Dec. 18, the Zoning Board of Appeals held a new hearing for Gene Beliveau, manager of Plymouth County Paving, LLC. Beliveau was the appellant to a May 4, 2017, cease and desist order regarding what the previous Plympton Zoning Enforcement Officer, the late Robert Karling, ruled to be a “contractor’s yard” operating at 0 Winnetuxet Road (Map 21, Lot 1, Block 24).
Plymouth County Paving, LLC, which Beliveau manages, was accused of this prohibited zoning use at 0 Winnetuxet Road as it is in both the agricultural-residential and business zoning districts. Plymouth County Paving, LLC, is a provider of residential and commercial asphalt paving and maintenance services, excavation and demolition and commercial-industrial snow and ice management for properties located off-site, according to town documents.The ZBA and Beliveau reached a mutually agreeable settlement at the hearing, which Plymouth County Superior Court Judge Cornelius Moriarty, II, ordered, where Karling’s cease and desist order was upheld. But, exceptions were granted with a special permit allowing certain equipment to be kept on-site, according to the agreement.
In May 2017 Karling ordered Beliveau and any person acting on the business’ behalf or in concert with it to immediately cease and desist all use of the property for a “contractor’s yard” and commercial vehicle storage, the trucking of earth, gravel and other materials to and from the property and to remove from the property all of the materials, vehicles and equipment associated with such use.
On May 30, 2017, Beliveau filed an appeal with the ZBA.
A public hearing opened Aug. 15, 2017, and was continued to Aug. 24, 2017, and again to Sept. 7, 2017. During the hearing, Beliveau, through his attorney, provided evidence and testimony, and the ZBA heard additional evidence and testimony from members of the public and Karling. The ZBA also conducted a site visit Aug. 23, 2017.
In an Oct. 2, 2017, decision the ZBA voted 3-0 to affirm Karling’s cease and desist order regarding the use of the property.
Beliveau appealed this decision to the Plymouth County Superior Court.
On Nov. 13, 2018, Beliveau and the ZBA filed a joint motion in Superior Court requesting that the court remand the matter back to the ZBA for further consideration. Judge Moriarty agreed to allow the motion, and a new hearing was held.
The ZBA voted 3-0 at the new hearing to reaffirm Karling’s May 4, 2017, cease and desist order regarding the use of the property although Beliveau may keep more than three but less than 10 commercial vehicles on the property in accordance with the terms of a special permit granted by the board. Beliveau is also allowed specific forestry related equipment provided it is not visible from any roads or abutting properties (it must be stored in or behind a “long metal structure” on the property) and may replace it with comparable equipment over time so long as the amount of equipment does not increase.
The Express was not able to reach Beliveau for comment as of press time.