MONSON PLANNING BOARD
MINTES JANUARY 19, 2016
MEMBERS PRESENT: Kevin Haley, Paul Hatch, Tara Hengeveld and Marilyn Gorman Fil.
MEMBERS ABSENT: Craig Sweitzer and Karen King.
ALSO PRESENT: Dan Laroche, Town Planner and Charles Cournoyer, resident.
Kevin Haley moved to approve the minutes of December 20, 2016 with a correction of a typographical error on Page 7 Paragraph 4.
Tara Hengeveld seconded the motion.
It was so voted, unanimous.
The Board reviewed notice given by Westview Farms, Inc. of 111 East Hill Road of its intent to convert approximately 15+ acres of a parcel of land Map 152 Lot 15 that is in Chapter 61A to a different use.
Kevin Haley moved to recommend that the Board of Selectmen waive its Right of First refusal.
Tara Hengeveld seconded the motion.
It was so voted, unanimous.
Dan Laroche stated a good place to start discussion on the home occupation bylaw and what changes should be made if any was with a copy of the American Society of Planning Officials Zoning Regulation of Home Occupations. It gives background and case law on home occupations and how zoning was formulated with regard to home occupations. He stated it may help with the discussion and at least gives the Board members a history of home occupation. It is a place to start the discussion from and decide if the Board wants to put together a modern bylaw or stay with what we now have.
Paul Hatch stated why bother if we do not want to change the bylaw.
Dan Laroche stated right now everything is allowed by right, and the Zoning Enforcement Officer has to address the complaints from neighbors when the home occupation intrudes on their quality of life. There are some uses that are less intrusive and there are uses that as the business grows become really intrusive for neighbors.
Kevin Haley stated a list is difficult because if it is not specifically stated a way has to be found to address it.
Dan Laroche stated if everything was on a list, there would be no need for a Planning Board or Zoning Board of Appeals.
Paul Hatch stated he was leaning more toward regulating activities.
Dan Laroche stated if a Monson resident brought a work vehicle home each evening and parked it in the driveway, and that vehicle was unrelated to the residents’ use of the property, is that something that we want to regulate?
Paul Hatch stated he felt it was activity more than the occupation.
Dan Laroche questioned from a zoning perspective how would you regulate? He stated zoning regulates uses and structures it is based on the land and how the land is used.
Paul Hatch stated he thought it should be a Town Bylaw.
Dan Laroche asked the Board members to read the document that he passed out because it is based in case law.
Dan Laroche stated the Town Clerk has brought it to his attention that there are inconsistencies between the Town bylaw with regard to kennels and the State regulations.
Charles Cournoyer questioned if someone complained or if the State is requiring changes?
Dan Laroche stated he was looking for direction from the Board. The Town bylaw can be more restrictive than the State regulations, but it cannot be less restrictive.
8:00 Tara Hengeveld moved to adjourn.
Kevin Haley seconded the motion.
It was so voted, unanimous.
Respectfully submitted,
Linda A. Hull
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