The Town of Monson
Zoning Board of Appeals
110 Main Street
Monson, MA 01057
413-267-4111
Fax 267-4108
MONSON ZONING BOARD OF APPEALS
MINUTES MARCH 24, 2011
MEMBERS PRESENT: David Beaudoin, Frank Carey, David Jarvis, Tere Hrynkiw, John Martin and Ronald Fussell.
MEMBERS ABSENT: Scott O’Neill
Chairman David Beaudoin convened meeting at 7:30 P.M. and the Board signed the bill schedule.
David Jarvis moved to accept the minutes of February 24, 2011 as presented.
Frank Carey seconded the motion.
It was so voted by majority vote.
Voting aye: Frank Carey, Ronald Fussell, Tere Hrynkiw, David Jarvis and John Martin.
Davie Beaudoin abstained, as he did not attend the meeting.
The Board received a written request for a one year renewal of the special permit issued to Ms. Piggy’s for an Adult Entertainment Use from property owner George Martin. A condition of the special permit issued to Mr. Martin requires that he apply each year for a renewal.
The Board is not aware of any complaints or problems with this establishment.
Frank Care moved to renew the special permit for one year with the understanding that all of the conditions and limitations contained in the Boards’ decision dated November 29, 2004 remains in effect.
David Jarvis seconded the motion.
It was so voted unanimous.
The Board received a written request for a one year renewal of the special permit issued to the Orange Lantern D/B/A Magic Lantern for an Adult Entertainment Use from Peter, Mark & Amy Pessolano. A condition of the special permit issued to the property owners requires that they apply each year for a renewal.
The Board is not aware of any complaints or problems with this establishment.
David Jarvis moved to renew special permit for one year with the understanding that all of the conditions and limitations contained in the Boards’ decision dated March 3, 2005 remains in effect.
John Martin seconded the motion.
It was so voted unanimous.
8:00 Alan Druckenmiller met informally with the Board to discuss property he owns at 11 Cushman Street. He stated spoke to the Building Department about the rules governing a sign for a business and was told he needed a special permit for a mixed use because he did not reside in the home and wanted to operate a business in the lower portion and rent the apartment above. He stated he was not entirely clear what was required and why he was required to obtain a special permit.
The Board explained to Mr. Druckenmiller that the Zoning Bylaws provide for a home occupation, as long as the property is owner occupied. Mr. Druckenmiller does not reside on the property and is proposing a mixed use, residential and business.
Harold Leaming, Building Commissioner stated the records in the Monson Assessors office reflect that this is a single family home the conversion to a residential use and business use would require a building permit and plans.
Mr. Druckenmiller stated at one time the house was a two family residence but was used as a one family residence for the past few years. He stated he lived there with his wife and children and whilst living there operated a financial business from the premises. They have since moved to Wilbraham and converted the property to an apartment and business.
Mr. Leaming stated if the house had not been used as a two family residence for more than two consecutive years it no longer had grandfather status. When Mr. Druckenmiller lived at 11 Cushman Street his financial business would qualify as a home occupation but he no longer occupies the residence and the business does not qualify as a home occupation. The changes to the property would require review by the Building Department with regard to the Massachusetts State Building Code and review and an issuance of a Special Permit from the Zoning Board of Appeals for a mixed use.
The Board told Mr. Druckenmiller it would only rule on the Mixed Use and not on any Building Code regulations or requirements. The Board would consider the parking arrangement for tenants and for the business and would make a site visit to the property after the application for a Mixed Use was filed with the Town.
David Jarvis moved to adjourn at 8:45 P.M.
Tere Hrynkiw seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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