MONSON ZONING BOARD OF APPEALS
APRIL 27, 2006
MEMBERS PRESENT: William Donovan, Frank Carey, Peggy Paine, Kevin Biermann, Roger Pelletier and Nicola Gioscia.
William Donovan convened the meeting at 7:35 P.M.
Mr. Donovan stated it was with considerable regret that he must inform the Board that Peggy Paine had submitted her resignation to the Board of Selectmen effective July 1, 2006. She has been a dedicated member of the Board attending almost every on site and meeting since she was appointed. The Board will miss her common sense approach, wisdom and sense of humor.
The Board signed the bill schedule.
The Board received a letter from George Martin d/b/a Miss Piggy’s Boston Road requesting an extension for one year for his special permit to operate an adult movie and bookstore.
Nicola Gioscia stated as far as he knew there had been no problems or concerns with the operation of the business and therefore would make a motion to renew the license for one year to March 27, 2007.
Peggy Paine seconded the motion.
It was so voted unanimous.
Nicola Gioscia made a motion to accept the minutes of March 23, 2006.
Kevin Biermann seconded the motion.
It was so voted unanimous.
Chip Lapointe updated the Board on a proposed new bylaw for windmills. The Planning Board received a request to construct a windmill to generate energy for a home on Lower Hampden Road. The Planning Board believes the Town could see an increased interest in this type of alternative energy source.
7:45 CONTINUATION OF A PUBLIC HEARING FOR A SPECIAL PERMIT FOR EARTH REMOVAL AT 181 WILBRAHAM ROAD FOR KEVIN PHILLIPS.
Case No: O – 2005
Members voting: William Donovan, David Beaudoin, Frank Carey, Roger Pelletier and Kevin Biermann.
William Donovan reconvened the hearing for a special permit for earth removal.
Kevin Phillips stated he had made minor alterations to the plan with regard to slope and access. The new plan proposes a 2.2 – 1 slope with a 6 foot high boulder retaining wall. Additionally the access for the earth removal has been moved away from the existing septic system.
Mr. Phillips introduced Ronald Cox an excavator he has hired to remove the material.
William Donovan stated the Board has been dealing with this issue since October 2005 and has made it as plain as possible that it wants to see the plan revised to show a 3-1 slope. Additionally Mr. Loring, Tighe & Bond pointed out in his report of February 21, 2006 that a geotechnical investigation should be performed to confirm the existing soils, classification of on-site soils, depth to groundwater and stability of slopes.
Ronald Cox stated Mr. Phillips is a homeowner and has no experience with this type of project. The slope has been changed to a 2.2 –1 slope and the access for removing the material has been moved closer to the existing driveway to avoid impacts to the existing septic system.
Mr. Phillips submitted copies of percolation tests that were performed for the septic systems on his neighbor’s properties.
Mr. Donovan stated the Board was not concerned with the abutter’s property but rather Mr. Phillips property, as he was the one who has applied for a special permit to remove a substantial amount of material. Copies of percolation tests did not provide the information a geotechnical investigation would provide.
Mr. Cox stated he would take the new plan and copies of the perc tests to David Loring.
The Board stated it should be Mr. Phillips engineer having a dialogue with Mr. Loring not the excavator and if a meeting is requested it should be by appointment.
William Donovan questioned if the final plan would change from the proposed 2.2 –1 slopes?
Mr. Phillips stated he did not think so. He requested a continuance to May 25, 2006.
Nicola Gioscia stated he would not object to a continuance to allow Mr. Phillips one last chance to finalize the plan but was not inclined to vote for further continuances.
Frank Carey and David Beaudoin agreed.
William Donovan stated that at no time has Mr. Phillips had his licensed engineer present to answer questions and suggested he consider having him present at the next meeting.
Phillip Wallander 35 Silver Street stated his property is directly above Mr. Phillips and would be significantly impacted by any changes to the topography below him. He stated he would welcome the chance to hear from the engineer who designed the plan. He questioned how much material was to be removed? Mr. Wallander stated he had attended almost every meeting the Board held on this project and had voiced the same concern with erosion of the land at every meeting. Nothing he had heard so far allayed those concerns.
Mr. Phillips stated he was proposing a 6-foot retaining wall to address Mr. Wallander’s concerns.
Ronald Cox stated they would work from top and come down.
Nicola Gioscia moved to grant a continuance to May 25, 2006 at 7:45 P.M.
David Beaudoin seconded the motion.
It was so voted unanimous.
8:00 PUBLIC HEARING FOR SPECIAL PERMIT FOR AN ACCESSORY
APARTMENT. DANIEL ZOLLO LOT 11 MACOMBER ROAD.
C – 2006
MEMBERS VOTING: Kevin Biermann, Frank Carey, Nicola Gioscia, Peggy Paine
and Roger Pelletier
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 Board David Beaudoin read the legal notice as it appeared in the Republican newspaper the weeks of April 12 & 19, 2006.
The petition before the Board is for a special permit for an accessory apartment that is to be constructed as an integral part of a new home proposed for construction on Lot 11 Macomber Road.
William Donovan stated it is the normal practice of the Board to make a site visit on each petition that comes before the Board. In this instance although the property is delineated on paper there is nothing at the site that identifies the lot or boundaries of the lot.
Also present at the hearing were: Daniel Zollo, Mary Zollo, Thomas Zollo and Herb Hodge, New England Home Building.
Daniel Zollo stated the intent is to build a new home on Lot 11 Macomber Road and as an integral part of the new home include an accessory apartment for his brother.
William Donovan questioned if the plan submitted was the plan they intended to follow for the construction of the home and apartment?
Mr. Zollo stated it was.
William Donovan asked both the applicant and his contractor Mr. Hodge to sign and date the plan because any decision issued by the Board would reference the plan.
Daniel Zollo stated he would occupy the primary residence and his brother the accessory apartment.
Chip Lapointe stated the proposed accessory apartment meets the zoning bylaw requirements for square footage.
Herb Hodge stated the living space for the accessory apartment is located to the rear of the home to keep the appearance of a single family home.
Present and speaking in favor of the petition were: Karen King 11 Longview Drive and Eugene Quaglini Upper Palmer Road.
There was no one present to speak in opposition.
Frank Carey stated by his calculations the accessory apartment has 676 square feet and complies with the Zoning Bylaw requirement of a maximum of 700 square feet.
William Donovan questioned if a door was proposed between the garages?
Mr. Hodge stated that could easily be added to the plan.
At 8:30 P.M. with no further questions from the Board Nicola Gioscia moved to close the hearing.
Roger Pelletier seconded the motion.
It was so voted unanimous.
Nicola Gioscia moved to grant a special permit for an accessory apartment to be constructed as an integral part of the construction of a new home on Lot 11 Macomber Road with the following conditions:
This Special Permit is based on the plans signed by the applicant, the contractor and the Zoning Board dated 4/27/2006 with the understanding that the final prints showing the door between the garages must be submitted to and approved by the Building Commissioner.
This Special Permit is granted to Daniel J. & Mary Zollo. If the applicants cease to occupy one of the two dwelling units, the Special Permit is nullified and any future owners of the property must file for a special permit with the Zoning Board of Appeals.
This Special Permit cannot be transferred or assigned to a third party.
No permits shall be issued until notice of this decision of the Monson Zoning Board of Appeals has been recorded in the Hampden County Registry of Deeds.
This Special Permit shall lapse within (2) two years from the date the permit was granted unless substantial construction has commenced and continues regularly.
Failure to comply with all conditions stated herein and with all related statutes and other regulatory measures shall be deemed cause to revoke or modify this Special Permit. This Special Permit does not relieve the applicant or any other person of the necessity of complying with all other applicable federal, state or local statues, bylaws or regulations.
Kevin Biermann seconded the motion.
Each member of the Board who heard and voted on this petition was polled individually.
The Board voted unanimously to grant the Special Permit.
The Board found that the proposed accessory apartment and related construction met the criteria for the issuance of a special permit under Section 6.7 and 7.3 of the Monson Zoning Bylaws. The proposed construction retains the overall appearance of a single family home and is in harmony with the zoning district in which the property is located.
With no further business Frank Carey moved to adjourn at 8:45 P.M.
Kevin Biermann seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
Clerk
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