MONSON ZONING BOARD OF APPEALS
MARCH 27, 2008
MEMBERS PRESENT: William Donovan, Kevin Biermann, Nicola Gioscia, Roger Pelletier, David Beaudoin, Frank Carey, Tere Hrynkiw and David Jarvis.
7:32 Chairman William Donovan convened the meeting.
David Beaudoin made a motion to accept the minutes of February 28, 2008 as presented.
Nicola Gioscia seconded the motion.
It was so voted unanimous.
The Board signed the bill schedule.
The Board received a letter from George Martin owner of Ms. Piggy’s requesting a renewal of his special permit for an Adult Entertainment business.
David Beaudoin made a motion to renew the license for one year.
Nicola Gioscia seconded the motion.
The special permit to be renewed for one year with the same conditions and limitations contained in the decision dated November 29, 2004.
It was so voted unanimous.
The Board received a letter from the Orange Lantern Inc., d/b/a Magic Lantern requesting a renewal of the special permit issued for an Adult Entertainment business.
David Beaudoin made a motion to renew the license for one year.
Nicola Gioscia seconded the motion.
The special permit to be renewed for one year with the same conditions and limitations contained in the decision dated March 3, 2005.
It was so voted unanimous.
The Zoning Board of Appeals received a fax from Daniel Levesque dated March 27, 2008 stating he was unable to provide the plans requested by the Board for the continuation of the public hearing scheduled for March 27, 2008. He requested the Zoning Board continue the hearing to the meeting of April 24, 2008, if after making a site visit the members of the Board did not believe they had sufficient information on which to base a decision.
The consensus of the Board was that the plan submitted with the application was a site plan and gave no details of the proposed use of the buildings. A set of detailed plans showing the use or uses of each building was required, as the Board referenced plans submitted in its decision and equally so there was a permanent record and anyone looking at the file in the future would have a clear idea what was approved.
Nicola Gioscia moved to continue the hearing.
David Beaudoin seconded the motion.
It was so voted unanimous.
Frank Carey stated he was not sure that he would be available for the April meeting.
7:45 Decision of the Board relating to a Special Permit for Earth Removal on Stafford Road, applicant is Equestrian Hills Estates, LLC.
Case No: F – 2007.
William Donovan stated the hearing for the special permit for earth removal was closed on Thursday February 28, 2008. During the course of the hearings the applicant, consultants, and abutters have had an opportunity to speak. Following review of the information submitted during the course of the hearings and having given careful consideration to the testimony from the applicant and abutters of the property the Board is prepared to make its decision.
Members voting are: Frank Carey, David Jarvis, David Beaudoin, Kevin Biermann and William Donovan.
Frank Carey stated he was concerned that the applicant has requested a permit that extends over three years. The impact to the quality of life for the residents of the neighborhood who would have to live with the noise and dust and inconvenience of large trucks pulling in and out of the property especially during the summer months was a burden.
Kevin Biermann stated his concerns were similar to those of Mr. Carey. The applicant has stated the rate of removal would depend on market conditions. The land is zoned rural residential as is the property around it and the amount to be removed 90,000 cubic yards and the length of time proposed places an unfair burden on the residents of the neighborhood. Mr. Biermann stated he believed the house and barn could be located differently on the property to significantly reduce the amount of material removed and the impact to the neighbors.
David Jarvis stated he was concerned for the public safety as well as the dust and noise the abutters would have to live with.
William Donovan stated he reviewed past history of the Board with regard to the issuance of special permits for earth removal in a rural residential area and found the Board denied a request on Wilbraham Road, for an unspecified amount of material; denied a request on Wales Road, for an unspecified amount of material; granted a request on Wales Road, for 19,000 cubic yards in conjunction with the construction of a single family home; granted a request on Bethany Road, for 20,000 cubic yards in conjunction with an approved sub- division plan for 9 single family homes, and denied a request on Lower Hampden Road, for an unspecified amount of material. The greatest amount of material the Board has granted a permit for in a Residential district is 20,000 cubic yards. Mr. Donovan stated his concerns were based on
quality of life and safety issues for the families living in the neighborhood. Section 1.1 of the Monson Zoning Bylaws states “These regulations are enacted to promote the general welfare of the Town of Monson, to protect the health and safety of its inhabitants, and to encourage the most appropriate use of land throughout the town, and to increase the amenities of the town, all as authorized by, but not limited to the provisions of the Zoning Act, M.G.L. c 40A, as amended, and Section 2A of 1975 Mass. Acts 808. Those are the regulations that the Board must look at and take into consideration as it comes to a decision. The original request was to remove 119,000 cubic yards, it was then lowered to 90,000 cubic yards but it is hard to reconcile the project as it is proposed with the impact to the general health and welfare of abutters for two or three years. Most particularly in spring summer and fall when under the best of conditions the noise and
dust would take away the enjoyment of their homes inside and out. It seems overly burdensome on the abutters. Anyone travelling along Route 32 who was not familiar with the area would not expect to come across an earth removal project of the enormity presented. Although the traffic study that was performed found that with the removal of a portion of the bank along the front of the applicants property sight distances are met that does not take into account the increased risks of large trucks loaded with material pulling in and out of the property.
The Board is asked to encourage the most appropriate use of land and the proposal does not appear to do that. The applicant proposes to change the topography of the property completely by removing two hills to locate a house and horse barn 1/10 of a mile apart.
William Donovan stated he looked up the word amenities as defined in Webster’s dictionary “the quality of being pleasant and agreeable, a feature, trait or characteristic that makes for pleasantness, something that is conducive to physical or material comfort or convenience or to a pleasant and agreeable life”. Based on the definition of the word amenities and the purpose of the bylaw to increase the amenities of the town it is hard to equate the proposed earth removal project with this charge. During one of the hearings a well respected realtor testified that the value of the homes in the neighborhood would drop if an earth removal project of this size was allowed in a rural residential area. Considering that the earth could be moved around on the property and much less material
removed to build a home and barn it is inconceivable to approve a project that would subject abutters and residents of the neighborhood to what amounts to a commercial gravel pit for three years.
William Donovan stated it is common knowledge that the Board of Appeals approved a large earth removal project on Route 32 two or three years ago. This project has been proposed in three phases similar to the one that was approved but the difference is the zoning districts the land is located in. The project approved by the Board is located in an industrial area with a factory to the south, a golf course to the west, a car wash and garage to the north and another factory across the street. Mr. Donovan stated there are no residential homes abutting the project approved by the Board and in its decision the Board made it clear that was a deciding factor.
David Beaudoin stated there was nothing left for him to say other than because it is a rural residential area with homes abutting the property he did not support a gravel operation of this magnitude.
David Beaudoin moved to deny Equestrian Hills Estate, LLC request for an Earth Removal operation on Stafford Road Assessors map 101, Parcel 007.
Kevin Biermann seconded the motion.
The Board found that the earth removal project as proposed was contrary to the purpose of the Monson Zoning Bylaws that were enacted to protect the health and safety of its inhabitants, to encourage the most appropriate use of land and to increase the amenities of the Town.
The applicant proposes to remove 90,000 cubic yards of material over a three year period on property that is located in a Rural Residential area surrounded by single family homes. The impact on the health and well being of the neighborhood residents caused by the dust and noise of the machinery excavating the material and trucks in and out of the property cannot be measured. The proposed project would impact abutters’ enjoyment of their homes and yards especially during the spring, summer and fall.
The applicant has stated the removal of the material is to construct a house and horse barn and will submit plans for the home and barn when and if the Board approves the earth removal. The proposed location of the house and barn are 1/10 of a mile apart and necessitates the removal of two steep hills on the property. It does not appear to encourage the most appropriate use of the land. The total acreage of the parcel of land is 12.7 acres with the proposed house and barn located well to the rear of the property. If the location of the house and barn were to be changed and moved closer to the front of the property significantly less material would need to be removed.
The earth removal as proposed does not increase the amenities to the Town rather it places an unfair burden on the abutters and residents of the neighborhood who would loose the normal enjoyment of their homes both inside and out during the spring summer and fall months for the period of time the earth removal is ongoing. Additionally according to a well respected realtor the property values of homes in the rural residential neighborhood would be affected by a gravel operation of the size proposed.
The Board voted unanimously 5-0 to DENY the request of Equestrian Hills Estates, LLC for a Special Permit to remove 90,000 cubic yards of material from property located on Stafford Road, Assessors Map 101, Parcel 007.
Voting to deny the Special Permit for Earth Removal were: Frank Carey, Kevin Biermann, David Jarvis, David Beaudoin, and William Donovan.
8:15 PUBLIC HEARING FOR A SPECIAL PERMIT AS PROVIDED FOR IN SECTION 6.20 OF THE MONSON ZONING BYLAWS BED & BREAKFAST ESTABLISHMENT AT 33 GREEN STREET, JEFFREY LORD.
David Beaudoin read the legal notice as it appeared in the Republican newspaper the weeks of March 10, & 17, 2008. The petition before the Board is for a Special Permit for a Bed & Breakfast Establishment in an existing home at 33 Green Street. The property is zoned Residential Village and is owned by the applicant.
CASE NO: E – 2008
Member Voting: Frank Carey, Kevin Biermann, David Jarvis, Tere Hrynkiw and Nicola Gioscia.
Following comments from Chairman William Donovan regarding the power and purpose of the Zoning Bylaws and the Zoning Board of Appeals to promote the general welfare of the Town of Monson, to protect the health and safety of its inhabitants, to encourage the most appropriate use of land, and increase amenities of the Town. The Chairman detailed the manner in which the hearing would be conducted and the time constraints the Board must meet to hold a hearing and render a decision. Following introduction of the members of the Board Jeffrey Lord made his presentation.
Mr. Lord stated he is the owner of the property at 33 Green Street that was formerly known as the Ellis Mansion. It is a large residence with 4,300 square feet, 6 bedrooms and 6 bathrooms. It is a large, expensive property to maintain and the heating bill is exorbitant. Anyone familiar with the property can readily see marked improvements to the house and grounds. In order to be able to maintain the property as it should be and to keep it as a single family home a supplemental source of income had to be found and a bed and breakfast facility would help to defray some of the upkeep costs. Mr. Lord stated he was fully aware of what he was getting into, as he has had 10 years of hotel experience at the Four Seasons Hotel in Boston. This is first and foremost a home and he intends this to
be a high end establishment and would be prohibitive in terms of price. This was a service he believed would benefit the Town and visitors to the area.
Present and speaking in favor were: Dennis Duquette, 12 High Street, and Ed Harrison, 7 Beebe Road. Mr. Duquette stated he also owns a large old home and in the future would like to establish a bed and breakfast. Mr. Harrison stated he was speaking as a member of the Local Business Partnership and would agree with Mr. Lord that this was beneficial to the Town and local business.
No one was present to speak in opposition.
William Donovan stated the Board made a site visit to the property and were appreciative of the manner in which the Board was welcomed and allowed to tour the home. The home and furnishings are impressive and the property lends itself to this type of establishment. Speaking personally Mr. Donovan stated he would be sad to see it turned into apartments but recognized the financial burden maintaining and heating a home as large as this.
Roger Pelletier stated he agreed with Mr. Donovan it is really well set up and there is ample parking.
Frank Carey questioned how the parking would be arranged?
Mr. Lord submitted a photograph showing 6 cars parked on the property with ample space for more.
Kevin Biermann stated he had no questions and felt this was an appropriate use of the property.
David Jarvis stated the exterior of the home is lovely as is the interior, just a beautiful job.
Tere Hrynkiw stated the home and set up is marvelous.
Nicola Gioscia stated he believed it was a great idea and would be a benefit to the community.
William Donovan stated he was happy to see the home put to such a use good use.
Mr. Lord stated he has been in touch with Dwight Ellis the 23rd and Karen Sprague to invite them to the grand opening.
David Jarvis moved to close the hearing at 8:35 P.M.
Tere Hrynkiw seconded the motion.
It was so voted unanimous.
David Jarvis moved to approve the Special Permit for a Bed & Breakfast Establishment as provided for by Section 6.20 of the Monson Zoning Bylaws with the following conditions:
1. This Special Permit is issued to the applicant Jeffrey Lord and shall not be transferred or assigned to a subsequent owner.
2. This Special Permit is granted for one year from the date this decision is filed in the office of the Monson Town Clerk and shall be automatically renewed for successive two year periods thereafter, provided that a written request for such renewal is made to the Zoning Board of Appeals and that no objection to the renewal is made and sustained by the Board based upon the public safety factors applied at the time the original special permit was granted, conditions imposed by the Board at the time the permit was issued or renewed and violations of the bylaw itself.
3. This Special Permit shall not take effect until notice of this decision of the Monson Zoning Board of Appeals has been recorded in the Hampden County Registry of Deeds.
Tere Hrynkiw seconded the motion.
It was so voted by roll call vote.
Voting to approve the issuance of the Special Permit: David Jarvis, Tere Hrynkiw, Frank Carey, Nicola Gioscia and Kevin Biermann.
1. The Board found that the plans and information submitted met the criteria for the issuance of a special permit to operate a Bed & Breakfast Establishment.
2. The property is ideally suited to the use proposed and provides a service to the inhabitants of the Town and visitors to the Town.
3. The petition with the conditions set forth in this decision is in accordance with the requirements for the issuance of a Special Permit under Section 6.20 Bed & Breakfast Establishments and 7.3 Special Permit of the Monson Zoning Bylaws.
8:45 PUBLIC HEARING FOR A VARIANCE FROM THE REQUIREMENTS OF SECTION 6.14.2 (9) WIRELESS COMMUNICATIONS FACILITIES REGULATIONS OF THE MONSON ZONING BYLAWS FORBELL ATLANTIC MOBILE OF MASSACHUSETTS CORPORATION, LTD. D/B/A VERIZON WIRELESS.
CASE NO: F - 2008
David Beaudoin read the legal notice as it appeared in the Republican Newspaper the weeks of March 10, & 17, 2008. The petitioner seeks relief from the setback requirements from a lot line of 150% of the tower’s height.
Members voting on this petition: Frank Carey, Kevin Biermann, Nicola Gioscia, David Jarvis and Roger Pelletier.
Following comments from Chairman William Donovan regarding the powers and purpose of the Zoning Bylaws and Zoning Board of Appeals, the time constraints under which the Board must operate to set a public hearing and render a decision, the manner in which the hearing would be conducted, the rights of all concerned and introduction of the members of the Board Carl Gehring, Gehring & Associates, LLC made a presentation on behalf of Bell Atlantic Mobile of Massachusetts Corporation, Ltd. d/b/a Verizon Wireless (Verizon).
William Donovan stated for the record he observed the weather balloon that was flown on Saturday March 8, 2008 and appreciated the consideration shown by the petitioner in contacting him on Saturday morning to verify that despite the rain they still intended to carry out the balloon flight.
Carl Gehring introduced the Verizon team: Sandra Carter, Real Estate, Maria Montrose, Radio Frequency Design Engineer, William J. Patuszek, Jr., Real Estate Appraisal, Francis D. Kobylinski and Dan Bustamante.
Carl Gehring stated Verizon have a lease hold on a portion of the property owned by the Balf Company, more commonly known in Monson as Monson Sand and Gravel. The petition before the Board is similar to the one Sprint filed three or four years ago and Verizon is asking for the same relief that was granted by the Zoning Board of Appeals to Sprint. The Zoning Bylaw requires that the tower setback from the lot line is 150% of the tower’s height. Verizon is proposing a tower that is 150-feet high and that requires a setback of a minimum of 225 feet. The proposed tower meets the Monson setback requirements from the southerly, northerly and easterly lot lines but is 87 feet from the westerly lot line. The property is abutted on the westerly side by the railroad line operated by Canadian
National Railroad and New England Central Railroad. The proposed tower is almost three hundred feet from the train tracks themselves but only 87 feet from the railroad right of way. Included in the submission to the Board are letters from both the Canadian National Railroad and New England Central Railroads stating they have no objections to the issuance of a variance from the required lot line setback. Mr. Gehring stated there are no impacts to any residential properties and there are no aesthetic impacts. In order for the Board to grant a variance it must make certain findings based on circumstance relating to soil conditions, shape or topography of such land or structures that do not affect generally the zoning district in which the land is locate. Secondly that a literal enforcement of the provisions of the bylaw would involve substantial hardship financial or otherwise and thirdly desirable relief may be granted without detriment to the
public good and without nullifying or substantially derogating from the intent of the bylaw. He stated he believed the Board could make those findings.
1. The shape and topography of this property fits exactly into the parameters of longitude, latitude and height to site a new facility that fits with existing Verizon facilities. The 150-foot tower and compound is to be constructed on top of a knoll and will achieve the correct height to propagate the wireless signal without interference from existing vegetation. The land on which the facility is to be constructed is zoned Industrial. The only land affected by the variance from the setback requirement is the railroad land. The railroad right of way takes a unique cutout on the property that results in the tower being approximately 300 feet
from the railroad track but only 87 feet from the railroad property line.
2. A literal enforcement of the bylaw would result in a substantial gap in the Verizon’s’ wireless network. In order to propagate its wireless signal and close gaps in its network the tower must be 150-feet in height. If Verizon were to lower the tower to shorten the setback distance it would make the tower ineffective and additionally eliminate the possibility of co-location, which is part of the Zoning Bylaw design guidelines.
3. Desirable relief may be granted without substantial detriment to the public good because Verizon provides a service to the public. The facility will provide convenience in the form of enhanced wireless communication and safety, as there are no public telephones along Route 32. Additionally provision has been made to accommodate future public safety equipment on the tower and in the secured compound for the Monson Police and Fire Departments. Desirable relief may be granted because the tower does not abut residential property, is set well back from the road and does not aesthetically impact a residential neighborhood.
Mr. Gehring asked the Board to grant the same relief to Verizon Wireless that was granted to Sprint.
Tere Hrynkiw stated she walked the property and questioned the distance to the brook?
Carl Gehring stated it was well over 300 feet.
William Donovan questioned the output of the facility?
Carl Gehring stated it was around 200 watts. An FM signal is far more powerful than this.
David Beaudoin questioned if with added co-locaters on the tower there would be a safe level of radio frequency exposure?
Maria Montrose Radio Frequency Engineer stated if 200 more providers were added accumulatively the level would still be within the FCC limit.
Kevin Biermann questioned the type of fuel proposed for the generator?
Carl Gehring stated they proposed to use diesel fuel.
William Donovan reminded the Board members the Planning Board had held a hearing and approved the Wireless Communications Facility. The only issue for the Zoning Board of Appeals was a variance from the setback requirements of the Zoning Bylaws.
William Donovan questioned if Verizon had any idea when construction would start?
Sandy Carter stated Monson is a top priority for Verizon and would start construction as soon as possible.
Frank Carey questioned how far the tower was from the gas line?
Carl Gehring stated well over 225 feet.
There was no one in attendance in favor or in opposition to the petition.
The Board received correspondence from David Smith, Cedar Swamp Road in favor of granting the variance.
The Board received correspondence from Marshall Harris, Fire Chief supporting the petition.
Frank Carey moved to close the hearing at 9:25 P.M.
Nicola Gioscia seconded the motion.
It was so voted unanimous.
Nicola Gioscia made a motion to grant the petition for a variance with the following conditions:
1. The decision of the Board is based on the plans and documentation submitted.
2. The work shall comply with all State, Federal and Local codes.
3. This variance shall not take effect until notice of this decision of the Monson Zoning Board of Appeals has been recorded in the Hampden County Registry of Deeds.
4. The rights authorized by this variance shall be exercised within one year from the date the variance was granted or the rights authorized by such variance shall lapse.
Roger Pelletier seconded the motion.
It was so voted unanimous.
Each voting member was polled individually.
Voting to grant the variance: Frank Carey, Nicola Gioscia, Kevin Biermann, Roger Pelletier and David Jarvis.
9:45 Tere Hrynkiw moved to adjourn.
David Beaudoin seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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