MONSON ZONING BOARD OF APPEALS
MINUTES AUGUST 25, 2011
MEMBERS PRESENT: David Beaudoin, Frank Carey, Tere Hrynkiw, David Jarvis, John Martin and Ron Fussell.
MEMBERS ABSENT: Scott O’Neill,
David Beaudoin convened the meeting at 7:30 P.M.
Tere Hrynkiw moved to accept the minutes of July 28, 2011 as presented.
Frank Carey seconded the motion.
It was so voted unanimous.
Craig Levesque met informally with the Board to discuss his immediate and future plans for property he purchased on Main Street. Mr. Levesque stated he purchased the former school bus garage property on Main Street and would like to park his trailers on the property. At the present time he has equipment at his garage on Palmer Road but because he is running out of space has vehicles garaged in Connecticut. His preference is to bring the vehicles back into Monson and purchased the property on Main Street to address his immediate problem with space at his property on Palmer Road. In the future he would like to construct a building on the Main Street property either adding to the building that already exists or putting up another building. He stated given the present economy he intends to take
baby steps and start off using the property merely to park his vehicles.
David Beaudoin questioned if he planned on any type of security?
Craig Levesque stated at some point he would probably put up a security camera.
Frank Carey suggested he move the existing fence back to allow better access to the property.
Craig Levesque stated he intends to remove one of the fence posts to improve the access. This property is more easily accessed than his garage on Palmer Road. He stated he has met with the Planning Board and the Conservation Commission regarding his immediate plans for the use of the property. The long term use of the property would require a filing with certain Boards.
David Beaudoin stated he thought this was a good use of the property, and similar in nature to the school bus garage that operated out of the property for many years.
7:52 Continuation of a Public Hearing for Special Permit for in law apartment at 269 Hovey Road. The property is owned by Joan & Richard Sabadosa.
Mrs. Sabadosa submitted the following plans and documentation:
- Relocation of Easement, Exhibit “A” and Exhibit “B” documents Book 18889, Page 89 recorded 8/23/2011.
- Plan prepared by Sherman & Frydryk, Land Surveying & Engineering, “Proposed Right of Way Relocation” dated 07/15/2011, revised 08/05/2011 for Cheryl A. Pereira.
David Beaudoin questioned if the portion of the right of way in front of the house would be closed off?
Ms. Pereira stated that was correct. The right of way would be relocated to the rear of the existing house. Once the right of way was relocated around the house the area of right of way directly in front of the house would be discontinued. Ms. Pereira stated the plan and the Relocation of Easement, including Exhibits “A” and “B” have been recorded at the Registry of Deeds.
James Babcock stated he is the abutter to this property and has been told by his legal counsel, Attorney Bart Heemskerk that this is a legal right of way that cannot be relocated without his written consent. He stated he would be happy to provide the Board with documents prepared by his attorney supporting this.
Following a lengthy discussion between Cheryl Pereira, James Babcock and the Board members it was evident this was a legal issue that could not be resolved by the Monson Zoning Board of Appeals. The Board determined it would close the hearing and take the matter under advisement until its regularly scheduled meeting of Thursday September 22, 2011 to allow time for the applicant and abutter to contact their respective legal counsel and for the Board to speak with Town Counsel.
David Beaudoin stated if the Board did grant the Special Permit a condition of the permit would be that the right of way must be completed and in a condition that made for safe passage prior to the issuance of a building permit for the in-law apartment.
David Jarvis moved to close the public hearing and take the matter under advisement until the regular meeting scheduled for Thursday September 223, 2011 at which it would make its decision.
Frank Carey seconded the motion.
It was so voted unanimous.
8:30 P.M. David Jarvis moved to adjourn and go into executive session for the purpose of discussion of pending litigation, M.G.L. Chapter 30A, Section 21, (a) -3 not to return to open session.
Ron Fussell seconded the motion.
It was so voted unanimous.
Respectively submitted,
Linda A. Hull
| 
