MONSON ZONING BOARD OF APPEALS
MINUTES FEBRUARY 25, 2010
MEMBERS PRESENT: David Beaudoin, Frank Carey, David Jarvis, Scott O’Neill and Tere Hrynkiw.
MEMBERS ABSENT: Kevin Biermann
The Chairman convened the meeting at 7:30 P.M. and the Board signed the bill schedule.
The Board received a written request for renewal of a Special Permit for Adult Entertainment for Ms. Piggy’s located on Boston Road from the property owner George Martin.
Frank Carey made a motion to renew the Special Permit for one year with the conditions set forth in its decision dated November 2004 remaining in full effect contingent upon the Board receiving notice from the Police Chief that his department had no objections.
David Jarvis seconded the motion.
It was so voted unanimous.
David Beaudoin moved to accept the minutes of January 28, 2010 as presented.
David Jarvis seconded the motion.
It was so voted unanimous.
7:45 Public Hearing for a Special Permit as provided by Section 3.1. Table 1 Schedule of Use Regulations of the Monson Zoning Bylaws for Thomas Pratt, Trustee of Buckwell Property Trust. The applicant is requesting a special permit to convert the first and second floor of an existing workshop storage building into living quarters for an employee and non paying guests of owner or lessee in accessory building. The property is zoned Residential Village and is located at 7 Reynolds Avenue. Advertised the weeks of February 8, & 15, 2010 Case # A – 2010.
Also present were: Atty. Raymond Blanchette representing Thomas Pratt, Trustee of the Buckwell Property Trust and Gary Pfisterer.
Following the Chairman’s comments regarding the powers and purpose of the Board, the manner in which the Board would conduct the hearing, the time constraints the Board must comply with relating to holding a hearing and filing a decision, the rights of all concerned and introduction of the Board Atty. Raymond Blanchette, representing Thomas Pratt, Trustee of the Buckwell Property Trust made a presentation to the Board.
Atty. Ray Blanchette stated the property comprises approximately 2.6 acres and is zoned as residential property. There is an existing multi apartment residence on the property, a garage and a storage/workshop building. Mr. Pfisterer is the caretaker and the Trust is requesting the special permit to allow the conversion of the storage/workshop building into living space for him. The structure is connected to the Town water and sewer and has plumbing and electric in the building. There would be no significant impacts to the neighborhood if the Board were to grant the Special Permit.
David Beaudoin questioned who owned the property?
Atty. Blanchette stated the Buckwell Property Trust is the owner of the property.
David Beaudoin questioned who hired and fired the Trustee and who benefited from the property?
Atty. Blanchette stated Gary Pfisterer is the beneficiary.
Frank Carey stated for all practical purposes Gary Pfisterer owns the property; he pays the taxes and receives income from the property.
Scott O’Neill stated the Trust is a legal entity and is the property owner, Mr. Pfisterer is the beneficiary.
Atty. Blanchette stated the Trust is the legal owner and Mr. Pfisterer is the beneficiary owner.
David Beaudoin stated the language of the bylaw states “Dwelling & housekeeping facilities for employees and non-paying guests of owner or lessee in accessory building”, Mr. Pfisterer’s status as the 100% beneficiary does not meet the bylaw requirements.
Harold Leaming, Building Commissioner stated the building permit application for the construction of the storage/workshop building identifies Mr. Pfisterer as the owner. If he is not the owner that building permit is null and void. The Building Department issued a permit based on the application and plans submitted by Mr. Pfisterer for a storage/workshop building and on correspondence with the Building Commissioner at that time stating the structure would not be occupied. The Building Commissioner made a final inspection and signed off on the project as a workshop/storage building. Since then the Building Department has not received any permit applications from either the Buckwell Property Trust or Mr. Pfisterer to convert the structure into living space.
Gary Pfisterer stated that was a simple mistake and not done in bad faith. He stated he was the 100% beneficiary of the Trust and on that basis the sole shareholder.
David Jarvis stated Mr. Pfisterer has misrepresented the use of the building to the Town. He applied for a permit to build a storage building and then converted the building into living quarters for himself without any permits or discussion with the appropriate Town Departments.
The Board received a letter dated February 25, 2010 from Craig W. Jalbert, Superintendent Monson Water & Sewer Department a copy of which is attached to these minutes and incorporated herein.
Mr. Jalbert stated in his letter that his Department is responsible for the quality of the drinking water in Monson and he was shocked at the irresponsibility shown by the owners of this property. The illegal connection of this building to the Town’s water and sewer system had circumvented the protections that are in place and jeopardized the safety of the residents that are connected to the system. The building has been plumbed and connected to the Public Water System and the waste piping of the building connected to the Public Sewer System without permits or inspection by the Water Department or Plumbing Inspector. Mr. Jalbert detailed the steps that his Department would insist upon if the Board were to grant the Special Permit. Additionally in the best interests of the Town he suggested
the Board require the Buckwell Property Trust provide the name of the person or persons who performed the illegal work on the building.
Atty. Blanchette stated the answer to that would be for the Board to grant the Special Permit.
David Jarvis stated it was obvious from the correspondence Mr. Pfisterer had with the Building Commissioner at the time he applied for a permit to build a storage/workshop accessory building that he has a certain amount of knowledge with regard to construction and building so how did this happen without any permits being taken out or any discussion with the various Town Departments?
Mr. Pfisterer stated he started working on an office in the building and it went from there.
Mr. Jarvis stated he did not believe Mr. Pfisterer seriously thought that the Board members were that gullible. This was a deliberate act and the only reason he was before the Board was because somehow the Town found out about the illegal apartment.
Frank Carey questioned if more than one apartment was proposed in the storage building?
Mr. Pfisterer stated only one apartment was proposed. He stated he was trying to correct something that was done incorrectly.
Scott O’Neill stated he wanted to see a new plan showing exact dimensions and distances between the principal building and accessory buildings.
Atty. Blanchette requested a continuance of the public hearing Thursday March 25, 2010 at 7:45 P.M.
At 8:25 P.M. Frank Carey moved to continue the public hearing to March 25, 2010.
Tere Hrynkiw seconded the motion.
It was so voted unanimous.
8:25 Public Hearing for a Special Permit as provided by Section 3.1 Table 1 Schedule of Use Regulations of the Monson Zoning Bylaws for a Non-Exempt Educational Use at 201 Main Street, Monson. The property is zoned Center Commercial and is owned by Stone Bear Management, LLC. Case # B – 2010 advertised the weeks of February 8 & 15, 2010.
Also Present: Laurence Tuttle, Architectural Insights and Jonathan Crowley representing Stone Bear Management, LLC.
Mr. Tuttle and Mr. Crowley were present at the time the Chairman made his comments regarding the procedures governing the hearing and introduction of the Board members.
Laurence Tuttle made a presentation to the Board detailing the proposed use and the utilization of the existing building. The applicant proposes to operate a tutorial service provider/learning center for predominantly Kindergarten through 8th grade students. The educational operations are confined to the first floor with the business operation and staff support on the second floor. The plans have been reviewed with the Building Department, the Fire Department and the Police Department. Improvements are proposed to the existing retaining wall and accommodation will be made for a dumpster.
David Beaudoin congratulated the applicant on the way he had handled his application to the Board. Mr. Beaudoin stated he always checks with the various Town Departments and was pleased to say they had reviewed the plans with Mr. Tuttle and any concerns or suggestions had been addressed by the applicant.
The Board received a letter from the Monson Planning Board stating the Board had approved the Site Plan submitted by Stone Bear Management, LLC for the property at 201 Main Street, contingent upon the Zoning Board of Appeals granting a Special Permit for a Non-Exempt Educational Use.
David Beaudoin stated he had spoken with John Morrell, Highway Superintendent because he was concerned that parents would drop their children off across the street from the property and Mr. Morrell had pointed out there is a designated crosswalk in that location.
Frank Carey questioned if the applicant could include something in the orientation for the parents to sign that included language that students would be dropped off and picked up on the same side of the road as the Learning Center?
Jonathan Crowley stated the Planning Board had raised that question and suggested a similar solution. He stated they would have something for parents to sign as part of the orientation.
Scott O’Neill questioned the number of staff they anticipated would be needed?
Mr. Crowley stated they had budgeted for two to four staff members.
Mr. Tuttle stated it is a tight ratio of staff to students. The tutoring would be broken up by age group it is a very structured program. It is proposed to remove one window to create an exit door only so essentially there would be three means of egress from the building.
Harold Leaming stated the applicant has complied with the Architectural Access Board.
Frank Carey stated the members of the Board who made a site visit to the property were shown the windows on the side of the building nearest the Monson Savings Bank that will be changed to glass block windows.
With no further questions Frank Carey moved to close the hearing at 8:55 P.M.
David Jarvis seconded the motion.
It was so voted unanimous.
David Jarvis stated he believed this was a good project. The applicant had obviously put a lot of thought and work into this. The various Town Departments had been given the opportunity to review the plans and make any comments and suggestions.
Following review of the plans and documentation submitted Frank Carey moved to approve the Special Permit for a Non-Exempt Educational Use at 201 Main Street with conditions:
Construction and use of the property shall be in conformance with the plans and documentation submitted to the Board.
To the best of its ability Stone Bear Management, LLC shall encourage the practice of having the students dropped off and picked up on the same side of the road as the building.
David Jarvis seconded the motion.
It was so voted unanimous.
9:30 David Jarvis moved to adjourn.
Tere Hrynkiw seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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