ZONING BOARD OF APPEALS
JULY 14, 2008
MEMBERS PRESENT: Nicola Gioscia, David Jarvis, Frank Carey, David Beaudoin, Kevin Biermann and Tere Hrynkiw.
MEMBERS ABSENT: Roger Pelletier
Also present Scott O’Neil
7:30 Vice Chairman Nicola Gioscia convened the meeting at 7:30 P.M.
The Board discussed reorganizing to elect a Chairman, Vice Chairman and Clerk. Following discussion amongst the Board members David Beaudoin moved to postpone election of officers to the August meeting when all members of the Board would be present.
Frank Carey seconded the motion.
It was so voted unanimous.
David Beaudoin moved to accept the minutes and executive session minutes of June 26, 2008.
Kevin Biermann seconded the motion.
It was so voted unanimous.
7:45 DECISION RELATIVE TO AN APPEAL OF A DECISION OF THE ZONING ENFORCEMENT OFFICER FROM BERNARD CROTEAU, 79 SILVER STREET.
Nicola Gioscia stated the Board was meeting to make a decision within the 100th day of the filing of an appeal as required by Mass General Law, CH 40A §16. There would be no further testimony taken.
David Beaudoin stated the State Fire Marshall and Monson Fire Chief Marshall Harris had no concerns, as the storage of fuel was limited to 5 gallons.
Nicola Gioscia stated the storage of aviation fuel was a concern for him, but the petitioner testified during the hearing that the maximum amount he could store was 5 gallons. He stated a major issue for him was the proximity of the proposed landing area to the abutting property. Mr. & Mrs. Goneau’s land completely encircles the 2.3 acre parcel of land owned by the petitioner, and according to testimony from counsel for Mr. & Mrs. Goneau, MAC requires a minimum of 3 acres. The Town has a bylaw in place that allows a commercial landing strip or heliport in the Rural Residential and General Commercial districts with a Special Permit from the Zoning Board of Appeals, and allows it by right in an Industrial zoning district. The Town also has a bylaw that if something is not
specifically allowed it is deemed prohibited.
Frank Carey stated the Town has a bylaw in place that regulates noise in addition to those bylaws mentioned by Mr. Gioscia and he believed the community had a right to enforce the bylaws that regulate land use within the borders of the Town of Monson. The Board is not voting on setbacks of the landing area but on the decision of the Zoning Enforcement Officer that a private restricted landing area for a helicopter is not allowed in a rural residential zone in Monson. It is unfortunate that the petitioner felt unable to work with the Planning Board to develop a bylaw specifically for private helicopter landing areas.
Kevin Biermann stated he has read all of the material numerous times and agreed with Mr. Lapointe that the Town has the right to enforce the Zoning Bylaws. The petitioner is not restricted with regard to where he flies his helicopter, but currently the Town of Monson’s bylaws do not allow the construction of a private restricted landing area in a rural residential area.
David Jarvis stated there is nothing in the Town’s bylaw that allows the construction of a private landing area for a helicopter and he believed Mr. Lapointe was correct in his issuance of a cease and desist order. He stated he believed the Town should move forward with the development of a bylaw that addresses the issues of a private restricted landing area and submit it to MAC for approval.
MEMBERS VOTING: Nicola Gioscia, Frank Carey, Tere Hrynkiw, Kevin Biermann and David Jarvis.
Kevin Biermann moved to uphold the Zoning Enforcement Officer’s issuance of a Cease & Desist order to Bernard Croteau, 79 Silver Street.
Frank Carey seconded the motion.
The cease and desist order does not infringe on or inhibit in any way the petitioner from flying his helicopter, but does prohibit the construction of a private helicopter land area at 79 Silver Street. The Board upholds the reasoning of the Zoning Enforcement Officer that the Monson Zoning Bylaws do not specifically or generally allow the construction of a private helicopter landing area in a Rural Residential zoning district and is therefore deemed prohibited. Section 3.2 Prohibited Uses and 5.1.3 Noise Regulations of the Monson Zoning Bylaws regulate the use of land within the borders of the Town of Monson and are not subject to approval by the Massachusetts Aeronautics Commission.
Each member was polled individually and voted unanimously (5-0) to uphold the decision of the Zoning Enforcement Officer.
David Beaudoin moved to adjourn at 8:40 P.M.
Frank Carey seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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