MONSON ZONING BOARD OF APPEALS
JUNE 26, 2008
MEMBERS PRESENT: William Donovan, Nicola Gioscia, Kevin Biermann, Frank Carey, David Beaudoin and Tere Hrynkiw.
MEMBERS ABSENT: Roger Pelletier and David Jarvis.
7:30 Chairman William Donovan convened the meeting and the Board signed the bill schedule.
Mr. Donovan read a copy of a letter that was sent to the Board of Selectmen recommending the reappointment of David Jarvis to the Zoning Board. The Board has also informed the Board of Selectmen that William Donovan has declined a reappointment to the Board when his term expires on June 30, 2008. Mr. Donovan has served on the Zoning Board of Appeals for 25 years and his knowledge and expertise in Zoning matters, his dedication to the Board and his leadership will be missed.
Al Joyce and Donald Frydryk, Sherman & Frydryk, Land Surveying & Engineering met informally with the Board to discuss a change to the Special Permit that was approved by the Board for a sub-division off of Bethany Road to be known as Evergreen Lane.
Mr. Joyce stated the special permit that was approved by the Board requested permission to remove 20,000 cubic yards of material in order to create a road to be known as Evergreen Lane for 9 house lots. Mr. Joyce stated the economy is such at this time that the expense to create a road and develop a 9 single family sub-division is not a practical financial decision. Instead of a sub-division it is proposed to develop the road frontage into four single family house lots. The change would reduce the amount of material that is to be removed to 13,000 cubic yards. Mr. Joyce stated Donald Frydryk had developed a plan and was present tonight to review it with the Board.
William Donovan stated his concern that reviewing a plan this evening could be misconstrued as holding a hearing and approving a plan without the residents and abutters to the property having an opportunity to comment. He stated it was his personal feeling that Mr. Joyce would have to submit a new plan and application to the Board and start the process from the beginning. When the Board approved the earth removal for the sub-division it was based on a plan that had been reviewed by the Town’s independent consultant and notice had been given to abutting property owners of the time and date of the hearing and where a copy of the plan could be reviewed.
Frank Carey, Kevin Biermann and David Beaudoin expressed similar views.
Mr. Joyce stated he understood the Board’s position and it seemed reasonable.
Kevin Biermann moved to accept the minutes of May 22, 2008.
Nicola Gioscia seconded the motion.
It was so voted unanimous.
7:50 PUPLIC HEARING FOR A SPECIAL PERMIT TO CONVERT AN EXISTING TWO FAMILY HOME AT 42 BRIDGE STREET INTO A THREE FAMILY HOME. SECTION 6.8 DWELLING CONVERSIONS AND SECTION 7.3 SPECIAL PERMITS OF THE MONSON ZONING BYLAWS. THE APPLICANT AND OWNER IS SERGEI DZHUGA.
CASE H - 2008
Following comments of the Chairman regarding the power and purpose of the Board, the time constraints it must meet to advertise a hearing and render a decision, the manner in which the meeting would be conducted, the rights of all and introductions of the members of the Board David Beaudoin read the legal notice as it appeared in the Republican Newspaper the weeks of June 4, & 11, 2008.
MEMBERS VOTING : Kevin Biermann, David Beaudoin, Frank Carey, Nicola Gioscia and Tere Hrynkiw.
Sergei Dzhuga made a presentation to the Board stating when he purchased the property it was pretty much uninhabitable. It is a large older home with three floors that are well suited to conversion into three apartments. The property has been completely renovated and exterior stairs have been added to the back of the house as a second means of egress from the third floor apartment. Mr. Dzhuga stated he needed the third rental because the property is large and expensive to maintain. The work to the property both inside and out has raised the value of the property and helps maintain the value of abutting properties.
There was no one present to speak in favor of the petition.
Cathy Calkin 39 Bridge Street sent a letter to the Board expressing concern that there is adequate off street parking on the property for a third apartment. She stated she has difficulty exiting her property at times because vehicles are parked on both sides of the street.
Mr. Dzhuga stated he has provided 6 parking spaces in the driveway. Lines have been painted onto the driveway to delineate the parking spaces. He stated he would make it clear to his tenants to park in the driveway.
William Donovan questioned if he understood correctly that two apartment were occupied by family members?
Mr. Dzhuga stated that was correct and he rented the ground floor apartment to a friend.
Chip Lapointe stated Mr. Dzhuga has done a good job and he believed the project absolutely met the intent of the bylaw. The petitioner has provided sufficient off street parking to meet the bylaw.
Kevin Biermann questioned changes that had been made to the driveway?
Mr. Dzhuga stated it was gravel and he has since paved it.
Mr. Biermann stated he saw from the plans submitted that part of the driveway that the applicant has paved belongs to the abutting property.
Mr. Dzhuga stated he spoke with Donald Frydryk, Sherman & Frydryk, Land Surveying & Engineering the deed and landmarks are old and the only way to be 100% certain is to survey the whole street and that would be a major expense.
Frank Carey questioned who owned the fence?
Mr. Dzhuga stated it belongs to the neighbor.
Mr. Biermann stated his concern that if the neighbor objected or decided to move his fence to the edge of his property parking spaces could be lost.
Mr. Dzhuga stated if that were to happen it would be tight but still accessible.
Mr. Biermann stated that would not work because cars would have to be moved to allow the vehicles parked in the back to get in and out.
Mr. Dzhuga stated he spoke with John Morrell, Highway Surveyor about putting in another driveway on the other side of the house. Mr. Dzhuga submitted a letter from Mr. Morrell stating he would have no problem with that.
Nicola Gioscia moved to close the hearing and take the matter under advisement at 8:15 P.M.
Frank Carey seconded the motion.
It was so voted unanimous.
8:15 CONTINUATION OF AN APPEAL BY BERNARD CROTEAU 79 SILVER STREET OF A DECISION BY THE ZONING ENFORCEMENT OFFICER.
CASE NO: G – 2008.
William Donovan stated the Board continued the hearing with the agreement of the petitioner to seek guidance from Town Counsel. The Board has done that but unfortunately two members are missing this evening who were supposed to vote and the Zoning Board cannot meet a quorum for this case. The law provides for the event that if a member is absent he/she may review the material submitted and all other information and certify with a letter to the Town Clerk that he/she has read all of the information and is confident he/she can make an informed decision.
The Board questioned if Mr. Croteau would agree to a continuance until the July meeting?
Mr. Croteau stated he would not agree to anymore extensions and was annoyed that the members were not ready to vote.
Mr. Donovan stated the Board did not know in advance of the meeting this evening that two members would be absent.
The Board discussed the time frame it must meet to comply with Mass. General Laws and told those in attendance the Board would hold a hearing to comply with the 100 days requirement. Those in attendance would be notified of the date and time of the meeting.
Nicola Gioscia stated in light of the petitioner’s refusal to grant a continuance he would move to close the hearing and take the matter under advisement until the next meeting of the Zoning Board of Appeals.
Frank Carey seconded the motion.
It was so voted unanimous.
8:45 P.M. The Board discussed the petition of Sergei Dzhuga 42 Bridge Street for a Special Permit to convert an existing two family home into a three family home.
Nicola Gioscia moved to grant the Special Permit with the following findings and conditions.
The Board finds that the property at 42 Bridge Street meets the criteria for conversion from a two family home to a three family home. The petitioner has provided two parking spaces for each dwelling unit as required by the Monson Zoning Bylaws. The petitioner has further stated he is willing to create a second driveway on the other side of the existing home should it be necessary. The Board finds that such approval will not deteriorate the standards or character of the neighborhood.
The conditions imposed by the Board include.
This Special Permit is issued to the applicant and the conditions of the Special Permit are binding on all successors or assigns. In the event that adequate off street parking is not maintained the applicant shall install a driveway on the southerly side of the property that is in conformance with the bylaws. The Special Permit shall not take effect until the decision is recorded in the Registry of Deeds.
Frank Carey seconded the motion.
It was so voted unanimous.
Each voting member was polled individually.
8:55 Nicola Gioscia moved to go into executive session for the purpose of discussion of litigation not to return to open session.
David Beaudoin seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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