The Town of Monson
Zoning Board of Appeals
110 Main Street
Monson, MA 01057
413-267-4111
Fax 267-4108
ZONING BOARD OF APPEALS
MINUTES FEBRUARY 24, 2011
MEMBERS PRESENT: David Jarvis, Frank Carey, Scott O’Neill, John Martin, Tere Hrynkiw and Ronald Fussell
MEMBERS ABSENT: David Beaudoin
David Jarvis convened the meeting at 7:30 P.M. The Board signed the bill schedule.
Frank Carey moved to accept the minutes of January 27, 2011 as presented.
Tere Hrynkiw seconded the motion.
It was so voted unanimous.
The Board members received copies of the Amended Judgment dated February 16, 2011 relating to property on Lower Hampden Road.
Nathan Olson submitted a request on behalf of Four Seasons Realty to extend the Special Permit issued by the Zoning Board of Appeals on February 8, 2010 for Earth Removal on Reynolds Avenue/Main Street for one year.
Mr. Olson stated he was an officer of Four Seasons Realty and was requesting the one year extension, as no earth removal has been started. There have been problems securing a bond for the project. Initially Four Seasons Realty sub-contracted with L & D Services Inc. to secure a bond and remove the material, but the Town would not accept a bond from L & D Services Inc., as they were not included as an applicant for the Special Permit. The Town requires that the applicant(s) to whom the Zoning Board issued the Special Permit for Earth Removal secure the bond or surety. The issue for Four Seasons Realty is that L & D Services Inc. can get the bond for a much lower percentage rate than Four Seasons Realty.
Mr. Olson questioned if the Board could add L & D Services, Inc. to the decision as an applicant so that they could secure the bond?
Following a lengthy discussion and review of the Monson Zoning Bylaws and Section 9 of Massachusetts General Laws Chapter 40A the Board members stated if L & D Services Inc. wanted standing as an applicant for the Special Permit for Earth Removal on Reynolds Avenue/Main Street it would require a new hearing. A new application with all supporting plans and documentation would have to be submitted that included L & D Services Inc. as one of the applicants. The Board would then hold a public hearing and render a decision.
Mr. Olson questioned if the Board would require the plans to be reviewed by an independent consultant in light of the fact that nothing has changed at the site and no material has been removed.
Frank Carey stated that was a difficult question to answer because the Board would have to be absolutely certain that the plans that were submitted were identical to those on which the Board based its original decision.
Mr. Olson stated he was not sure in which direction he would like to go but asked the Board to take action on his request for a one year extension for the Special Permit for Earth Removal.
Frank Carey made a motion to extend the Special Permit for Earth Removal at Reynolds Avenue/Main Street with all of the conditions, limitations and stipulations that were included in the decision of the Board dated February 8, 2010 for one year.
Tere Hrynkiw seconded the motion.
It was so voted unanimous.
Voting on the motion were: David Jarvis, Frank Carey, Tere Hrynkiw, John Martin and Ronald Fussell.
At 8:40 P.M. Tere Hrynkiw moved to adjourn.
Frank Carey seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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