MONSON ZONING BOARD OF APPEALS
JUNE 25, 2009
MEMBERS PRESENT: David Beaudoin, David Jarvis, Frank Carey, Tere Hrynkiw, Kevin Biermann. and Scott O’Neill.
Chairman David Beaudoin convened the meeting at 7:30 P.M. and the Board signed the bill schedule.
Frank Carey moved to accept the minutes of May 25, 2009 regular and executive session.
Kevin Biermann seconded the motion.
It was so voted unanimous.
The Board received a letter from Thomas Hull 9 Oak Street quoting a section of Article V of the U.S. Constitution and asking for a response from the Board.
Scott O’Neill stated he would respond on behalf of the Board.
7:45 Public Hearing for Laura Melbin and Madalena Diniz for a variance from the requirements of Section 3.2, Table 2 Dimensional & Density Regulations for the construction of an addition to their existing home at 88 Lakeshore Drive that violates the side setback requirements. The hearing was advertised in the Republican Newspaper the weeks of June 8 & 15, 2009. Case number D – 2009.
Following comments from the Chairman regarding the power and purpose of the Board, the manner in which the hearing would be conducted, the time constraints under which the Board must operate in accordance with MGL Chapter 40A, the rights of all concerned and introduction of the members of the Board Laura Melbin presented the case.
Ms. Melbin stated there is an existing deck on the house that they propose to remove and replace it with a two story addition of an enclosed screened in porch and bedroom above. Although the property is fairly large approximately 4 acres it is an odd shape and the land rises steeply from Lakeshore Drive. The house is located on the narrow portion of the lot to accommodate the switch/back style of the driveway. The proposed addition to the house will come no closer to the side property line than nine feet seven inches (9’ 7”).
The Board received correspondence from Donna L. Beck and Brad Sullivan 92 Lakeshore Drive supporting the variance stating they are the only neighbors who could claim to be affected by the variance and believed the addition would be attractive and useful, and that it would not negatively affect their property.
The Board received correspondence from David A. & Doris E. Koziol, 32 Pulpit Rock Road stating they had no objections to the issuance of a variance for the construction of an addition as proposed by Laura Melbin and Madalena Diniz.
Shirley Dion 18 E Street Avenue, Chicopee, MA stated she owns property on Lakeshore Drive and was not in favor of the variance because it would open the door for anyone up there to do what they like.
David Jarvis stated that was not correct, if the Board grants this variance it applies to just this particular parcel of land and not any other property on Lakeshore Drive or in Monson for that matter. That is not to say that another resident of Lakeshore Drive could not apply for a variance from the setbacks set out in the Zoning Bylaws. The same procedure would have to be followed the submission of an application and plans prepared by a registered land surveyor, the Board would then hold a public hearing and make a decision based on the merits of the case.
Frank Carey questioned the setback of the existing porch that is to be removed to the side property line?
Ms. Melbin stated the deck was there when they purchased the house and it is 10 feet from the property line. They did not realize at the time of purchase that the deck did not meet the setback requirements and on further investigation found it had been built by the former owners without permits or inspections. The existing deck is going to be removed and the new construction done correctly by licensed professionals with the necessary permits and inspections.
Kevin Biermann stated he believed there would be an issue with the existing gas tank and its proximity to the new construction.
Following discussion the Board decided to leave that issue to the Gas Inspector.
With no further questions David Jarvis moved to close the hearing.
Kevin Biermann seconded the motion.
It was so voted unanimous.
Members voting: David Beaudoin, Kevin Biermann, Frank Carey, Tere Hrynkiw and David Jarvis.
David Jarvis moved to approve the issuance of a variance to construct a two story addition to an existing home located at 88 Lakeshore Drive with the following conditions:
- The setback of the proposed addition shall be no closer to the side lot line than nine feet seven inches (9’ 7”) as shown on a plan prepared by Richard A. Lewis, Professional Land Surveyor dated June 15, 2009.
- The applicant shall address the issue of the existing propane tank with the Gas Inspector.
- This variance shall not take effect until it has been recorded in the Hampden County Registry of Deeds.
Tere Hrynkiw seconded the motion.
It was so voted unanimous.
The Board found that the topography and shape of the lot severely limited the applicants’ ability to enlarge the house to accommodate a growing family. The design of the proposed addition has taken into consideration the impact to abutting properties and has minimized those impacts to the greatest extent possible. The proposed construction is harmonious with the existing neighborhood.
The granting of this variance does not derogate from the intent of the Zoning Bylaws.
At 8:20 Frank Carey moved to adjourn from open session to go into executive session for the purpose of discussing pending litigation not to return to open session.
David Jarvis seconded the motion.
It was so voted unanimous.
Respectfully submitted
Linda A. Hull
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