MONSON ZONING BOARD OF APPEALS
DECEMBER 14, 2006
MEMBERS PRESENT: William Donovan, Frank Carey, David Beaudoin, Nicola Gioscia, Roger Pelletier and David Jarvis
7:30 Board signed the bill schedule.
Nicola Gioscia moved to accept the minutes of November 16, 2006 as presented.
David Beaudoin seconded the motion.
It was so voted unanimous.
Correspondence from Attorney Michael Coyne regarding trial dates.
7:45 CONTINUATION OF A PUBLIC HEARING FOR A SPECIAL PERMIT FOR EARTH FILLING ON LOT 9 MACOMBER ROAD, MICHAEL ROSSMAN.
The Board received a letter from Michael Rossman requesting to withdraw without prejudice his application for a special permit for earth filling on Lot 9 Macomber Road.
Nicola Gioscia made a motion to grant the applicant’s request to withdraw without prejudice.
David Beaudoin seconded the motion.
It was so voted unanimous.
William Donovan questioned if the Zoning Enforcement Officer had inspected the premises on Stebbins Road owned by Gene Smith for compliance with the court orders?
Chip Lapointe stated he had made two inspections with an officer of the court and everything seems in order.
Mr. Lapointe reported that Gerald Skeean had contacted him regarding his property on Fenton Road finally there has been a settlement through the courts and Mr. Skeean is ready to finish the project.
8:00 PUBLIC HEARING FOR A VARIANCE FROM THE DIMENSIONAL REQUIREMENTS OF SECTION 3.1 OF THE MONSON ZONING BYLAWS, FOR PROPERTY AT 297 MAIN STREET, HENROD HOLDINGS, LLC.
P – 2006.
David Beaudoin read the legal notice as it appeared in the Republican newspaper the weeks of November 28 & December 5, 2006 for a variance from the front and side setbacks to accommodate an addition 31 feet by 26 feet to the side of the building and a porch to the front of the existing building.
Following the comments of the Chairman regarding the powers and purpose of the Board the manner in which the meeting would be conducted, the rights of all concerned and introduction of the Board Drs. Steven Scannell and Keith Hollinger made a presentation to the Board.
The applicants have a dental practice in East Longmeadow and want to add another office in Monson. The present office is small and any addition to it would be difficult. Drs. Scannell and Hollinger live in Monson and believe the property on Main Street would be easily adaptable to their needs. Changes inside the building can be readily made to accommodate their needs and the exterior of the building would retain its residential appearance. The addition that is planned to the side/rear of the building and the addition of a porch to the front of the building does make the building more non-conforming. The proposed porch would not have any railings, so as to maximize sight distances for cars exiting Bliss Street and the sign that interfered with sight lines has been removed. The applicants
stated they have filed a Notice of Intent with the Monson Conservation Commission and a petition for Site Plan Approval from the Monson Planning Board. The plan proposes a handicap ramp on the south side of the building to facilitate easier maintenance in the winter months. Most of the existing building is already within the setbacks outlined in the Monson Zoning Bylaws.
Dr. Hollinger stated on the north side of the building there is an existing porch that sits right on the sidewalk that is to be removed and the second means of access will be from the proposed addition to the rear.
Dr. Scannell stated part of reason for the porch is for access to the second floor of the building that will be used for personal offices.
The Board received a letter from Gary Pfisterer, Main Street voicing his support for the project.
The Board received correspondence from John Morrell, Highway Superintendent stating if the porch is to be open without railings it would not interfere with sight distances from cars exiting Bliss Street. He did voice concern with the proposed shrubbery planting bed #3 stating he would prefer to see something planted that was lower to the ground that did not need maintenance because if the shrubs were not trimmed they could interfere with sight distances exiting Bliss Street.
The Board received an e-mail from Dorothy Whitaker stating she had no objection to the proposals but wanted assurance that the proposed shed and dumpster would meet the required setbacks from the property line and would be maintained in an orderly fashion.
William Donovan stated the comments regarding the shrubbery etc would be passed on to the Planning Board for consideration during the site plan approval process.
Chip Lapointe stated as proposed the plan does meet the corner visibility requirements.
William Donovan stated the property is unique in that it has frontage on two streets Main Street and Bliss Street. The front setback of the existing building on Main Street does not meet the bylaw requirements similarly the setback on Bliss Street does not meet the bylaw. The proposed plan will increase the non-conformity on Main Street but will improve the setback on Bliss Street, as an existing porch is to be removed. The proposed addition according to the plan submitted is 21.1 feet from the adjoining property of Christine Reardon.
With no further questions Frank Carey moved to close the hearing at 8:30 P.M.
Nicola Gioscia seconded the motion.
It was so voted unanimous.
Following consideration of the plans and testimony given David Beaudoin moved to grant the variances requested based on the plans submitted prepared by Daniel W. O’Brien PLS, Smith Associates Surveyors Inc., dated November 13, 2006 Proposed Site Plan 297 Main Street, Monson.
Kevin Biermann seconded the motion.
Each voting member was polled individually.
Voting in favor: David Beaudoin, Kevin Biermann, Frank Carey, Nicola Gioscia and Roger Pelletier.
The Board finds that the property is unique in shape and topography having frontage on Bliss Street on the northerly side of the property, frontage on Main Street on the easterly side of the property and a permanent stream on the westerly side of the property. A literal enforcement of the bylaw would severely limit any enhancements or changes to the existing property. The proposed changes are in keeping with the characteristics and appearance of the existing neighborhood and relief may be granted without nullifying or substantially derogating from the intent of the bylaw.
With no further business Frank Carey moved to adjourn at 9:00 P.M.
David Beaudoin seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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