MONSON ZONING BOARD OF APPEALS
MINUTES JULY 27, 2006
MEMBERS PRESENT: William Donovan, David Beaudoin, Kevin Biermann, Frank Carey and Nicola Gioscia.
MEMBERS ABSENT: Roger Pelletier
Chairman William Donovan convened the meeting at 7:30 P.M.
David Beaudoin moved to approve the minutes of June 22, 2006.
Nicola Gioscia seconded the motion.
It was so voted unanimous.
7:45 PUBLIC HEARING FOR A SPECIAL PERMIT FOR EARTH FILLING ON LOT 20 BRADWAY ROAD, PROPERTY OWNER MARGARET L. ALLARD APPLICANT GARY ALLARD.
MEMBERS VOTING: William Donovan, Nicola Gioscia, Frank Carey and David Beaudoin.
Following comments from Chairman William Donovan regarding the powers and purpose of the Board, the manner in which the hearing would be conducted, the rights of all concerned and introduction of the Board members, David Beaudoin read legal notice as it appeared in the Republican newspaper the weeks of July 10 & 17, 2006.
Margaret Allard made a presentation to the Board stating Lot 20 was a building lot that was cut out of a larger parcel of land that was owned by her family. The intent was to build a single family home but at this time she did not know if it would be a spec house or for her personal use. The lot is on the low side of Bradway Road and the fill is necessary to bring the driveway up to grade.
Robert Cheetham 46 Bradway Road stated his concern that the earth filling was started without any permits and the Zoning Enforcement Officer had to issue a cease work order. He questioned if any Conservation impact studies had been performed? He stated he wanted assurances that the project would be done correctly and was entirely on the land owned by Ms. Allard.
Chip Lapointe stated fill could not be placed closer than 10 feet to the lot line. Additionally if there were any conservation issues they would be addressed through Conservation Commission.
Cheryl Cheetham 46 Bradway Road stated when Mr. Allard was performing the work without a permit he did not show any consideration for the neighbors with respect to the hours of operation. Fill was hauled onto the lot until daylight was gone including weekends. Ms. Cheetham questioned if the hours of operation would take into consideration the neighbors quality of life and right to some peace and quiet especially weekends?
William Donovan stated the Board sets the hours of operation in its decision and in most cases does not allow work on weekends.
Cheryl Cheetham questioned if there were any guidelines with regard to material contained in the fill used on the site? She questioned if tree stumps or concrete material would be allowed?
Chip Lapointe stated only clean fill was allowed.
Cheryl Cheetham questioned who monitors the material that is to be used to fill in the driveway?
William Donovan stated the Zoning Enforcement Officer was responsible for ensuring the conditions imposed in the Board’s decision were adhered to.
Margaret Allard stated the work that has already been done is clearly marked and is 10 feet from the lot line.
Frank Carey questioned the proximity of the work to the Scantic River?
Margaret Allard stated the Conservation Commission had looked at the site and no work is proposed within the 200-foot riverfront area.
William Donovan stated the Board did not receive any correspondence regarding the special permit from any Town Department, Board or resident.
Frank Carey stated warning signs should be used because on both sides of the proposed driveway there is an “S” curve.
David Beaudoin stated one side of the retaining is 6 feet the other 8 feet the base of that retaining wall must be a minimum of 10 feet from the property line.
8:10 David Beaudoin moved to close the hearing.
Frank Carey seconded the motion.
It was so voted unanimous.
8:15 CONTINUATION OF A PUBLIC HEARING FOR A SPECIAL PERMIT FOR EARTH REMOVAL AT 181 WILBRAHAM ROAD PROPERTY OWNER IS KEVIN PHILLIPS.
Case No: O - 2005
Also Present: Kevin Phillips, Douglas Kelley & Suzanne Kelley
Kevin Phillips stated he wanted to request a continuance to allow him time to respond to the concerns raised by David Loring, Tighe & Bond. Glenn Riddle, Tec Environmental is working on a planting plan and Mike Petras has been hired to conduct a wildlife study. Mr. Phillips stated he had the plan revised to show a 2-1 slope, details of the proposed stone wall, natural angle of repose of the in-situ materials and has also provided drainage calculations.
William Donovan stated some of the questions and concerns raised by Mr. Loring in this written review of the earth removal project dated 6/16/2006 were also in his written review dated 2/21/2006 and still remain unanswered. With regard to the proposed slopes Mr. Loring writes “if such a slope were permitted’ he does not write that he recommends a 2-1 slope. The Board has consistently said that it does not look favorably on 2-1 slopes because of the difficulty with maintenance and impact to abutting properties. The final decision for granting a special permit lies with the Zoning Board of Appeals. Mr. Donovan stated the first public hearing for Mr. Phillips application for a special permit for earth removal was held October 27, 2005 this project has been under review for almost a year
and there are still so many unanswered questions. He stated as one member of the Board he was not inclined to agree to another continuation.
Kevin Biermann stated he agreed that the review of this project has dragged on far too long but suggested the Board agree to a continuance to its September meeting. That would give the applicant no excuse not to have everything into the Board and no matter what information the Board has or does not have at that meeting the hearing would be closed and a decision made.
David Beaudoin stated he agreed with Kevin Biermann.
With the agreement of all parties David Beaudoin moved to continue the hearing to September 25th 2006.at 8:30 P.M.
Frank Carey seconded the motion. It was so voted.
8:40 P.M. Following review of the documentation and description of the earth filling project for Lot 20 Bradway Road given by Margaret Allard and taking into consideration comments and concerns of interested abutters in attendance at the hearing the Board voted unanimously (4-0) to Grant the Special Permit with conditions:
1. Slopes shall be in accordance with the plan submitted prepared by Paul S. Smith,
Professional Land Surveyor, signed and dated 5/22/2006.
2. The base of the retaining wall shall be no closer to the property line than 10 feet.
3. The fill material shall be no closer to the property lines than 10 feet.
4. The times of operation for the earth filling shall be 9:00 A.M. to 5:00 P.M. Monday through Friday. No work pertaining to the filling of land shall occur on Saturdays, Sundays or holidays.
5. No temporary structures shall be erected on the property.
6. Only clean fill shall be used. The fill shall not contain tree stumps, concrete or other debris.
7. The volume of fill is limited to a maximum of 2500 cubic yards.
8. The road signage shall be determined by the Monson Highway Department and Monson Police Department.
9. This special permit shall be approved for one (1) year. Such permit may be renewed or reissued with modifications of the conditions by the Board without a public hearing.
10. This special permit is issued to the applicant and may not be transferred or assigned without the approval of the Zoning Board of Appeals.
11. A bond in the amount of $10,000 shall be provided said bond shall be released when the applicant starts construction of the new home.
The Board has four public hearings on the agenda for the August meeting and will conduct site visits Monday August 21, 2006 starting at 6:00 P.M.
With no further business David Beaudoin moved to adjourn at 9:15 P.M.
Nicola Gioscia seconded the motion.
It was so voted.
Respectfully submitted,
Linda A. Hull
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