MONSON ZONING BOARD OF APPEALS
MEMBERS PRESENT: William Donovan, Nicola Gioscia, Roger Pelletier, Frank Carey, David Beaudoin and David Jarvis.
MEMBERS ABSENT: Kevin Biermann
Also Present Tere Hrynkiw
7:30 Chairman William Donovan convened the meeting and the Board signed the bill schedule.
David Beaudoin moved to accept the minutes of December 14, 2006 as presented.
Nicola Gioscia seconded the motion.
It was so voted unanimous.
The Zoning Enforcement Officer gave the Board copies of letters he wrote to property owners at 246 Main Street and 212 Silver Street regarding zoning violations.
The Board received correspondence from the Department of Public Safety regarding curb cuts and sidewalks.
7:45 A – 2007 In Law Apartment 374 Main Street, Sandra Adams.
Following the Chairman’s comments regarding the powers and purpose of the Zoning Board of Appeals, the manner in which the hearing was to 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 February 5, & 12, 2007.
The petition before the Board is for a special permit to renovate space above a garage already under construction into living space for a family member. The property is located at 374 Main Street and zoned Residential Village.
Members of the Board viewed the property Saturday February 17, 2007.
Sandra Adams made a presentation to the Board stating when she originally applied for a building permit for the project she did not intend to make an accessory apartment. After construction began she changed her mind and decided to turn it into an accessory apartment for her eldest son. Ms. Adams states she would continue to reside in the home. The accessory apartment would consist of two bedrooms, kitchen, bathroom and living room.
There was no one present to speak in favor of the petition.
There was no one present to speak in opposition to the petition.
Chip Lapointe, Building Commission/Zoning Enforcement Officer stated he had checked the square footage of the accessory apartment and it complied with the requirements of the bylaw.
Frank Carey questioned if the property was tied into the Town sewer system?
Sandra Adams stated it was.
William Donovan stated it was unusual for work to have started before filing for a special permit. The applicant has applied for a special permit for an accessory apartment but has not provided a common door with direct access into the apartment. On every in-law apartment/accessory apartment that the Board has approved it has required that common door. The idea of the accessory apartment is to provide living quarters for a family member who now or in the future may need help for medical or other reasons while still affording that person privacy. The common door between the main house and the apartment provides speedy access should intervention be needed. Mr. Donovan stated speaking as one member if the applicant had applied for the special permit prior to work commencing, based on the plans
submitted he would have voted to deny the special permit. The bylaw also requires that the accessory apartment must be substantially contained within the structure of the single family home, after visiting the premises that is not the case with this project. Mr. Donovan stated he realized that presents problems because the construction is underway but again if this particular plan had come before the Board before any work started he would have voted to deny because it does not meet the requirements of the bylaw.
William Donovan stated he went to the Building Department to check the plans that were submitted with the application for a building permit and the plans clearly show that the proposed kitchen was crossed out and initialed by the applicant. Based on those plans the Inspector was correct to issue a building permit because the applicant did not propose to construct an accessory apartment. The addition of the kitchen means that that the project must meet all of the criteria for an accessory apartment and as proposed this project does not meet the criteria.
David Jarvis questioned if the applicant could construct a deck with stairs?
William Donovan stated that would not address the issue of direct access nor would it address the issue that the apartment is substantially contained within the structure of a single-family dwelling.
Chip Lapointe stated the Town does not design the project the applicant must submit a design that meets the requirements of the bylaw.
William Donovan questioned what the applicant would like to do? The applicant had the option of requesting a continuance to design the project to meet the criteria of the bylaw or to go forward for a vote of the Board based on the plans submitted. If the Board votes and denies the special permit the applicant cannot come back to the Board within two years, unless, the Board finds specific and material changes in the conditions on which the Board based its vote.
Sandra Adams stated she would like to continue the hearing.
David Beaudoin moved to grant a continuance of the public hearing for an accessory apartment to March 22, 2007 at 7:45 P.M.
Nicola Gioscia seconded the motion.
It was so voted unanimous.
William Donovan stated it has been some time since the Board reorganized and he would open the floor for nominations.
David Beaudoin nominated William Donovan to continue as chairman.
Nicola Gioscia seconded the nomination.
It was so voted unanimous.
David Beaudoin nominated Nicola Gioscia to continue as vice chairman.
Frank Carey seconded the nomination.
It was so voted unanimous.
Frank Carey nominated David Beaudoin to continue as clerk.
Nicola Gioscia seconded the nomination.
It was so voted unanimous.
David Beaudoin moved to adjourn at 8:40 P.M.
Nicola Gioscia seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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