MONSON ZONING BOARD OF APPEALS
MINUTES JANUARY 27, 2011
MEMBERS PRESENT: David Beaudoin, Frank Carey, Tere Hrynkiw, David Jarvis and Ronald Fussell.
MEMBERS ABSENT: Scott O Neill and John Martin.
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 November 18, 2010 as presented.
David Jarvis seconded the motion.
It was so voted unanimous.
MAIL
- Copy of a letter sent by Building Commissioner Harold Leaming to Thomas Gregoire, regarding an inspection of his property at 93 Maxwell Road, performed on January 3, 2011.
Harold Leaming suggested that in order to comply with the changes to the open meeting laws comments from the Building Commissioner/ Zoning Enforcement Officer be added to the Agenda and topics listed that he may want to bring up.
7:45 Public Hearing for a Special Permit as provided by Section 3.1 Schedule of Use Regulations, Table 1 of the Monson Zoning Bylaws for Equine Facility for Boarding and riding lessons for no more than 9 horses located at 38 Waid Road, Monson. The property is located in a rural residential zone and conforms to the dimensional requirements of the Monson Zoning Bylaws. The property owners Eric K. & Suzanne E. Markham filed the request.
Following the Chairman’s comments regarding the powers and purpose of the Board, the time constraints the Board must meet in scheduling a hearing and reaching a decision, the manner in which the hearing would be conducted and introduction of the members of the Board, Frank Carey read the legal notice as it appeared in the Republican newspaper the weeks of January 12, & 19, 2011, Case A – 2011.
Suzanne Markham made a presentation to the Board stating the property has 202 feet of frontage and approximately 75 acres in area. It is proposed to construct an indoor riding arena measuring 72’ x 200 and a barn to stable horses that is 72’ x 60’. The two buildings would be attached with access from the barn into the riding arena. Ms. Markham stated she owns three horses of her own but intends to offer boarding for up to nine additional horses and riding lessons. The building would be setback approximately 675 feet from Waid Road and there is ample room for off street parking including any trailers that may be on the property. The area in front of the new construction would be used for parking and there would be no need to utilize the driveway for any parking.
David Beaudoin questioned if the manure would be removed from the site?
Eric Markham stated at some point he was going to clear an area for a hay field but until then it would be trucked out to a facility in Belchertown.
Frank Carey questioned if the cement pad where the manure would be kept would be covered?
Suzanne Markham stated it would.
Tere Hrynkiw stated to clarify the Special Permit is for up to nine horses.
Suzanne Markham stated that was correct, she owned three horses and she proposed to build a barn with 12 horse stalls and board nine horses that she did not own. She stated she would not be advertising riding lessons what she proposed was more a training facility for horses and riders.
David Beaudoin read a copy of a letter from Monson Health Inspector Lorri McCool stating the facility would require a license from the State to give riding lessons, additionally the Board of Health would be required to oversee the approval of any septic system that may be required for toilet facilities for students and instructors at the barn and indoor riding arena.
Ron Fussell questioned if toilet facilities would be required in the proposed construction?
Eric Markham stated they have a bathroom in the mud room of the house and proposed to use that.
Harold Leaming stated the size of the building would require controlled construction and if toilet facilities are required Mr. & Mrs. Markham would have to go to the State Plumbing Board for a waiver. The size of the building may also trigger the requirements for a sprinkler system but there is a waiver that can be obtained from the State Fire Marshall. Mr. Leaming stated he would support the petitioners request for a waiver.
Harold Leaming stated initially there was an issue with the required 75 foot setback from all lot lines but that issue was resolved on Tuesday evening when the Planning Board endorsed a plan that conveyed a small portion of abutting property to Mr.& Mrs. Markham.
Tere Hrynkiw questioned if Ms. Markham had any pasture land?
Suzanne Markham stated not at the moment but she intended to create approximately five acres of pasture land.
The Board received a letter of support from Francis & Dale Benoit 79 Waid Road for the establishment of a boarding stable and riding facility at 38 Waid Rd.
Present and speaking in favor of the petitioners was Denise Donovan, High Street, Monson. Ms. Donovan stated she is involved with the new residence under construction at 52 Waid Road and supported the project.
Frank Carey stated some of the Board members made a site visit and he would agree there was plenty of parking area. He questioned what was proposed for the lighting?
Eric Markham stated he did not propose to have lights that would be on all the time. He wanted something that could be controlled from the house and would not shine onto the abutting property.
David Beaudoin stated the site visit clearly showed that the location of the building was so far from Waid Road that no one would even know it was there.
Frank Carey moved to close the hearing at 8:25 P.M. and take the matter under advisement.
David Jarvis seconded the motion.
It was so voted unanimous.
The Board considered the documents, plans and testimony given for compliance with the Zoning Bylaws and impact on the neighborhood.
Frank Carey stated he was in favor of the project. The petitioners have taken steps to ensure that the proposed building meets the setbacks required by the Zoning Bylaws and have answered all the questions from the Board and based on that would move to approve the Special Permit to operate an Equine Facility to board up to nine (9) horses and give riding lessons with conditions:
- This issuance of this Special Permit is limited to a facility to board nine (9) horses. This number does not include any horses owned by the petitioners.
- The issuance of this Special Permit shall be contingent upon the petitioners satisfying the requirements of the Department of Agriculture, 330CMR 16:00.
- In accordance with the Massachusetts State Building Code 780 CMR the size of the proposed building dictates that that the project shall be controlled construction.
- The petitioners shall conform to all of the requirements of the State Building Code and other Life Safety Codes.
- A suitable compost area with a cement pad and cover shall be maintained for the storage and management of manure.
- Adequate off street parking shall be provided for horse related events. There shall be no parking on the public way.
- This Special Permit shall not be in effect until notice of this decision of the Monson Zoning Board of Appeals has been recorded in the Hampden County Registry of Deeds.
- This Special Permit is issued to the applicants and shall not be transferred or assigned without the approval of the Zoning Board of Appeals. Failure to comply with all conditions stated herein, and with all related statues and other regulatory measures, shall be deemed to revoke or modify this decision. This approval does not relieve the applicants or any other persons of the necessity of complying with all other applicable federal, state or local statues, bylaws or regulations.
Ronald Fussell seconded the motion.
It was so voted unanimous.
David Jarvis moved to adjourn at 8:45 P.M.
Frank Carey seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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