ZONING BOARD OF APPEALS
MINUTES 11/16/2006
MEMBERS PRESENT: William Donovan, David Beaudoin, Frank Carey, Nicola Gioscia Roger Pelletier & Kevin Biermann
William Donovan convened the meeting at 7:30 P.M. and the Board signed the bill schedule.
David Beaudoin moved to accept the minutes of October 26, 2006 as presented.
Nicola Gioscia seconded the motion.
It was so voted unanimous.
The Board discussed the availability of members for the regularly scheduled meeting on December 28, 2006. The meeting falls between Christmas and New Year and it is doubtful the Board could meet its quorum requirements.
David Beaudoin moved to cancel the meeting of Thursday December 28, 2006 and re-schedule the meeting for Thursday December 14, 2006.
Nicola Gioscia seconded the motion.
It was so voted unanimous.
The Board received a call regarding it’s decision dated November 6, 2006 for earth removal on Palmer Road, Case No: K 2006 owned by Maeldun, LLC. The petitioner questioned a statement attributed to Donald Frydryk that “The first phase of the project includes construction of a commercial building” because a condition of the decision was that the special permit was issued only for Phase 1. The petitioner questioned if Condition #2 of the Board’s decision meant that Phase 1 including construction of the building must be completed before an application is made for Phase 2?
Following discussion among the Board members it was the general consensus that the Board had no jurisdiction over the construction of a building. The Board heard a petition for earth removal and wrote a decision that concerned earth removal from the site only. Condition #2 of the Board’s decision dated November 6, 2006 does not make reference to construction of a commercial building.
To clarify the intent of the Board’s decision for the petitioner and for future phases of the work David Beaudoin made a motion that Condition #2 of the Zoning Board of Appeals decision dated November 6, 2006, Case No: K – 2006 was relative to the earth removal only, because construction of a commercial building on the property is outside of the jurisdiction of the Zoning Board of Appeals.
Nicola Gioscia seconded the motion.
It was so voted unanimous.
7:45 PUBLIC HEARING FOR A SPECIAL PERMIT FOR EARTH FILLING ON LOT 7 MAXWELL ROAD, PROPERTY OWNER WILLIAM LEMON.
CASE L - 2006 Advertised November 1 & 8, 2006 the Republican Newspaper.
Following the Chairman’s comments regarding the powers and purpose of the Board, the manner in which the hearing would be conducted, the rights of all concerned, introduction of the members of the Board and reading of the legal notice Donald Frydryk, Sherman & Frydryk made a presentation on behalf of the applicant.
Donald Frydryk stated his client William F. Lemon Jr. owns property on the westerly side of Maxwell Road on which he intends to construct a single family home. The wetlands and slope of the property limits the building envelope to a small area at the front of the property. Approximately 1800 cubic yards of fill is required and the plan includes site grading and a retaining wall.
William Donovan stated three members of the Board made a site visit on Saturday.
Ed Solzack 17 Maxwell Road questioned why the earth-filling permit was not obtained before work stated on the property?
William Donovan stated the previous owner did a certain amount of work on the property and neither Mr. Lemon nor the Board could say why that owner did not apply for an earth-filling permit. The permit process takes between 60 and 90 days.
Ed Solzack stated if the Board denies the earth filling permit the applicant would end up having to build an ugly home that would affect property values in the neighborhood. There are not many lots left in Monson that will not have problems so it is critical that special permit etc. are applied for before any work starts.
William Donovan questioned the steepness of the slopes?
William Lemon stated there are no slopes proposed over 3:1.
Frank Carey questioned if the fill would raise the property above the elevation of the road?
Donald Frydryk stated there would not be any run off from the property onto the Town roadway. The driveway has been designed with a dip to make sure all of the water stays on the property.
Frank Carey questioned what was happening with the rocks?
William Lemon stated they would be used for the retaining wall.
William Donovan stated if the Board approved the special permit limitations with regard to hours of operation would be set. Work would be allowed Monday through Friday between 7:00 A.M. and 4:00 P.M., Saturdays 8:00 A.M. to 12 noon for the purpose of moving material around but not to bring in fill. No work would be allowed on Sundays or holidays.
Nicola Gioscia moved to close the hearing at 8:15 P.M and take the matter under advisement.
Roger Pelletier seconded the motion.
It was so voted unanimous.
Voting were Nicola Gioscia, Roger Pelletier, Frank Carey, Kevin Biermann and William Donovan.
8:15 PUBLIC HEARING FOR A SPECIAL PERMIT TO OPERATE A BOARDING KENNEL FOR DOGS AT 139 COTE ROAD.
CASE NUMBER: M-2006
Following comments from Chairman William Donovan regarding the power and purpose of the Board, the rights of all concerned, the manner in which the hearing would be conducted and introduction of the members of the Board David Beaudoin read the legal notice as it appeared in the Republican newspaper the weeks of November 1, and 8, 2006.
The petition before the Board is for a Special Permit as provided by Section 3.1 Use Regulations of the Monson Zoning Bylaws to operate a boarding kennel for dogs at property located in a Rural Residential district at 139 Cote Road.
Members of the Board voting on this petition are: William Donovan, Nicola Gioscia, David Beaudoin, Frank Carey and Kevin Biermann.
Lori Curley stated she intends to convert the existing building accessory building located closest to the pond into an overnight boarding kennel for dogs. The building would be insulated, heated and be furnished much like the dogs would be used to in a home setting. The facility would accommodate between 10 and 12 dogs. The dogs would be kept inside of the building and walked as needed. They would not be allowed to run loose and would not be left unattended in an outside run.
Present and speaking in favor was Jackie Kratovil 40 Country Club Heights. Ms. Kratovil stated she is a client of Ms. Curley’s Pet Daycare and Grooming facility known as The Dog Shop in East Longmeadow. It is a top-notch facility run in a professional manner. It is located in the center of East Longmeadow and is not a detriment to the Town. She stated she believed Ms. Curley would run a professional, clean upscale facility in Monson.
The Board received correspondence from Sarah & John Miller 159 Cote Road stating their concern that this type of business can be extremely noisy and this is a residential neighborhood. Additionally they have livestock and there have been problems with domestic dogs in the past.
Doug Quill 115 Cote Road stated he moved from Springfield specifically to this rural residential area to get away from noise and traffic if this were allowed it may open up the area to more business. He stated he did not want to sit outside his home and hear barking dogs. He questioned how the fecal waste was to be disposed of? .
Roy Miller stated he was present to speak on behalf of his son John Miller but did not realize he had sent a letter. He reiterated the concerns expressed by Sarah & John Miller.
Dennis Baron 109 Cote Road echoed the concern regarding noise.
Cindy Bohdiewicz 146 Cote Road stated she looked at the application that was submitted and it does not specify how many dogs would be at the facility. The noise one or two dogs make is considerably different to ten or fifteen.
Kent Hutchinson 119 Cote Road stated he was concerned with the noise.
Sally Sarnelli 64 Wood Hill Road stated she agreed that noise was her biggest concern.
Kim Quill 115 Cote Road stated parvo is a serious disease that afflicts dogs and it can be carried on shoes or by other dogs coming into contact with waste from infected dogs. She stated the method of disposal of the fecal waste was a real concern.
Mike Bohdiewicz stated the noise from the gun range at Springfield Sportsman’s Club is clearly audible from Cote Road and dogs have excellent hearing, animals not accustomed to this noise will bark and keep barking.
Lori Curley submitted a letter of recommendation from East Longmeadow Planning Board. She stated she expected to have a maximum of 12 dogs at the kennel. The dogs would be family pets animals whose owners want them cared for in the best and most humane manner. They are not strays or junk yard dogs. All of the animals are screened to make sure they are up to date with vaccinations and are licensed. Ms. Curley stated she picks her customers not the other way round. Parvo is a disease mostly associated with puppy mills, because all of the animals that are boarded at her facility must be up to date with vaccinations she did not think it was an issue. With regard to the barking if dogs are taken care of properly they will not bark constantly. Ms. Curley stated she would not say
the dogs would not bark but could say they will not be left outside barking. This will not be a large facility and will mainly service dogs that do not do well in a traditional kennel setting.
David Beaudoin questioned worse case scenario you have a dog that keeps barking how will that be addressed?
Lori Curley stated she did not think it would be a problem but it is possible to discipline humanely to correct the dog.
David Beaudoin questioned if it was just one of the out buildings that would be used for the kennel?
Lori Curley stated she had not purchased the property as yet but would use the building best suited to the purpose.
David Beaudoin questioned where the dogs would be walked?
Lori Curley stated there are trails in the back of the property.
David Beaudoin questioned the distance of the nearest building to the pond?
Evan Carrera the present property owner stated approximately 100 feet.
Frank Carey stated to clarify an abutters question the number of dogs at the kennel would be between 10 and 12.
Lori Curley stated yes.
Frank Carey stated if the Board approved the special permit for a kennel the permit would only be issued for one year and the applicant would have to re-apply for the permit.
William Donovan stated there was a fundamental flaw with the proposal because none of the existing buildings meet the setback requirements for a kennel. The Zoning Bylaws specify the setback from the front, sides and rear property lines for a kennel and the applicant must adhere to those setbacks.
Lori Curley stated the buildings are pre-existing.
William Donovan stated if the buildings have not been used as a kennel and have not been used for the last two years as a kennel the grandfather protection is lost.
8:55 David Beaudoin moved to close the hearing and take the matter under advisement.
Nicola Gioscia seconded the motion.
It was so voted unanimous.
9:00 PUBLIC HEARING FOR A SPECIAL PERMIT FOR EARTH FILLING ON LOT 9 MACOMBER ROAD, PROPERTY OWNER IS MICHAEL ROSSMAN.
CASE NO: N 2006
Members voting: William Donovan, Nicola Gioscia, Kevin Biermann, Frank Carey and Roger Pelletier.
Also Present: Donald Frydryk, Sherman & Frydryk, Land Surveying & Engineering.
Following the Chairman’s comments 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 members of the Board David Beaudoin read the legal notice as it appeared in the Republican newspaper the weeks of November 1, & 8, 2006.
Donald Frydryk made a presentation on behalf of the petitioner stating the earth filling is in conjunction with the construction of a single family home and driveway. The plan proposes to fill 14,000 square feet in area with 1,100 cubic yards of fill. The fill will be sloped down away from the edge of the paved way and the run off directed to a swale and then onto property owned by John & James Arooth. The maximum slope is 3:1 and it is proposed to loam, seed and mulch the slopes.
There was no one present to speak in favor of the petition.
Helen Moore asked for a clarification of the amount of fill?
Donald Frydryk stated 1,100 cubic yards of material.
The Board received a copy of a letter dated October 30, 2006 sent to Chip Lapointe, Zoning Enforcement Officer from the Planning Board raising concerns with drainage from the frontage lots on Macomber Road increasing the run off into the Town drainage system. The Town system in this area is at capacity and cannot accept an increase in run off.
The Board received a letter from John Morrell, Highway Surveyor stating his concern with additional storm water run-off going onto Macomber Road. He stated he had previously advised Mr. Cortina not to fill the land adjacent to Macomber Road to direct water onto Macomber Road.
Gaylin Bingle 7 Macomber Road stated the land on both sides of Macomber Road is saturated and she has two sump pumps running constantly in her basement. Ms. Bingle stated her concern that the land slopes down and away from the road on the northerly side of Macomber Road and that presently allows the run off to flow away from the road and the houses on the opposite side. If the land is filled on the northerly side that will result in changing the flow of the run off and it will be directed across Macomber Road toward the existing homes and exacerbate an existing water problem.
Rosemary Taft 3 Macomber Road expressed the same concerns.
David Taft 3 Macomber Road questioned the elevation of the fill above the existing road elevation?
Donald Frydryk stated the reason for filling the land is to avoid having a sump pump in the basement of the home. The house has been designed to raise the finished floor of the foundation above ground water level. The proposed swale is setback 10 feet from Macomber Road and the elevation of the garage floor for the house will be at 98 one foot higher that Macomber Road which is at 97. The highest level of fill would be at 98 to match the finished garage floor and would drop off from there.
David Beaudoin questioned if the proposed basement floor was to be raised by 7 or 8 feet what was proposed for the driveway run off?
Donald Frydryk stated the driveway was designed to grade down the swale and then back up to keep water off of Macomber Road.
Kevin Biermann stated the plan shows water flowing from Lot 9 Macomber Road down onto Lot 8 Macomber Road. He questioned if the petitioner owned Lot 8 Macomber Road?
Donald Frydryk stated he did not.
Frank Carey stated it was not only Lot 8 Macomber Road that would be affected by run off from Lot 9, but Lot 10 Macomber Road as well. He questioned if the Board had the authority to approve a plan that would direct run off onto property not owned by the applicant?
Donald Frydryk stated they would handle the run off from the proposed sub division by direct flow into a detention basin.
Kevin Biermann stated that did not change the fact that the plan currently before the Board shows the grading of Lot 9 Macomber Road directs all of the water run off onto Lot 8 Macomber Road.
Nicola Gioscia questioned the depth to high ground water?
Donald Frydryk stated ground water was observed at 14 inches below the surface. Donald Frydryk stated the footings of the home would be in ground water the elevation of the garage floor would be above groundwater level.
Nicola Gioscia questioned how high above groundwater level was the finished cellar floor?
Donald Frydryk stated the finished floor was at elevation 92.
William Donovan stated he felt that this plan should be sent to an independent consultant such as David Loring, Tighe & Bond for review at the applicants expense. In order to protect the interests of the Town and residents of the neighborhood someone with more expertise should review the plan. Mr. Donovan stated he agreed with Mr. Carey inasmuch as the petitioner is asking for a permit to direct water run off onto property he does not own.
William Donovan questioned if the petitioner wanted to request a continuance to allow the Board to send the plans to an independent consultant?
Donald Frydryk conferred with his client. Mr. Rossman stated it would depend on the cost of the review.
William Donovan stated the applicant could request a continuance to 7:45 P.M. on December 14, 2006. The Zoning Board would send a letter to Tighe & Bond stating its concerns and request an estimate of the cost of review. The Board would notify the applicant or his consultant and wait for a response before requesting the plan review.
Donald Frydryk stated his client agreed to a continuation and submitted a written request for the continuance.
David Beaudoin so moved
Nicola Gioscia seconded the motion.
It was so voted unanimous.
9:45 PUBLIC HEARING FOR A SPECIAL PERMIT FOR AN INLAW APARTMENT AT 112 REIMERS ROAD. PROPERTY OWNER IS DAVID JARVIS.
Case No: O - 2006
Following the Chairman’s comments regarding the power 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 the legal notice as it appeared in the Republican newspaper the weeks of November 1, & 8, 2006.
The petition before the Board is for a special permit as provided by Section 6.0 of the Monson Zoning Bylaws to construct an in-law apartment onto the rear of an existing home at 112 Reimers Road.
Also present Larry Tuttle, Architectural Insights.
David Jarvis made a presentation to the Board stating he wanted to build the apartment for his mother. The apartment was on one level so there would be no stairs to negotiate. Included in the plans was a separate garage for his vehicle to allow his mother to park in the existing garage. The apartment was designed to blend into the existing home with the same siding and rooflines. The apartment consists of a bedroom, bathroom and living/dining room. Mr. Jarvis stated he currently resides in the home and would continue to reside there.
William Donovan stated the separate garage is not an issue for the Zoning Board and would not be considered in the Board’s decision.
Larry Tuttle stated they have previously submitted the plans to the Board of Health for review of the septic system and would be adding an addition trench to the leach field to meet Title V. The apartment has been designed with three-foot wide door openings to accommodate any future need for a wheelchair or walker.
There was no one present in favor or in opposition to the petition.
William Donovan stated if the Board issues a special permit it will be issued to the applicant David Jarvis, if the house is sold the new owner would have to apply for a special permit.
With no further questions David Beaudoin moved to close the hearing at 10:00 P.M.
Nicola Gioscia seconded the motion.
It was so voted unanimous.
David Beaudoin made a motion to approve the in-law apartment in as much as complies with all conditions of bylaws
Nicola Gioscia seconded the motion.
William Donovan stated the decision should include a condition that all of the work must conform to the plans submitted.
Each member was individually polled.
Voting to grant the special permit were: Frank Carey, Kevin Biermann, Roger Pelletier, Nicola Gioscia and David Beaudoin.
10:10 The Board discussed the request for an earth filling permit for Lot 7 Maxwell Road.
William Donovan stated he was satisfied with the proposed 3:1 slopes and suggested in lieu of a bond the Board include in its decision that an Occupancy Permit for the home would not be issued until all of the slopes and grading was finished in accordance with the plan submitted to the Board.
Nicola Gioscia made a motion to grant a special permit for earth filling at Lot 7 Maxwell Road.
Kevin Biermann seconded the motion.
The hours of operation shall be Monday through Friday 7:00 A.M. to 4:00 P.M. The applicant may work on the lot Saturday 8:00 A.M. to Noon moving material around but no material is to be brought in on Saturday. Work associated with earth filling is prohibited on Sundays and holidays.
There shall be no rock crushing on site and the Building Commission must approve the design and construction of the retaining wall.
.
The permit is issued for a period of one year.
Each member was polled individually:
Voting to approve the special permit were: Kevin Biermann, Frank Carey, William Donovan, Nicola Gioscia and Roger Pelletier.
The Board discussed the petition for a Special Permit for a dog kennel at 139 Cote Road submitted by Lori Curley.
Case No: M – 2006.
William Donovan stated Ms. Curley certainly appears to be well qualified and made a good presentation but the Bylaws are specific with regards to setbacks for kennels. None of the existing buildings on the property meet the front and side setback requirements of five hundred (500) feet and although the property meets the area requirement the buildings the applicant proposes to use for kennels do not.
Kevin Biermann stated he agreed with Mr. Donovan and while it might be a good idea and a service that was beneficial to the Town the front and side setbacks were an issue especially for the neighborhood residents.
David Beaudoin moved to deny the special permit for a dog kennel at 139 Cote Road because the plan submitted was not in compliance with the minimum front and side setback requirements of the Monson Zoning Bylaws.
Kevin Bierman seconded.
It was so voted unanimous.
Members voting: David Beaudoin, Kevin Biermann, Frank Carey, Nicola Gioscia and William Donovan.
With no further business David Beaudoin moved to adjourn at 10:40 P.M.
Nicola Gioscia seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
Clerk
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