MONSON ZONING BOARD OF APPEALS
MINUTES APRIL 26, 2012
MEMBERS PRESENT: David Beaudoin, Frank Carey, Tere Hrynkiw, Ronald Fussell and Scott O’Neill
MEMBERS ABSENT: John Martin and David Jarvis.
7:30 Frank Carey moved to approve the minutes of February 23, 2012 as presented.
Ronald Fussell seconded the motion.
It was so voted unanimous.
7:45 The Board received an “Earth Removal As Built Plan” prepared for Kevin Byrnes by Sherman & Frydryk, Land Surveying & Engineering dated 4/10/2012 signed by Donald J. Frydryk, P.E., P.L.S for property known as Lot 5A (Rev) Bethany Road Monson. Mr. Frydryk included a letter stating based on this plan it appears the grading of the site is in substantial conformance with approved Earth Removal Plan Case E – 2010. The surface of the earth removal area remains as gravel and a small sediment pond area remains in the south easterly corner of the property. It is presumed that the surface area will be loamed and seeded and the sediment pond removed as part of the house construction on this lot.
Robert North was present and stated he purchased the property from Kevin Brynes with the intent to build a new home. He has since changed his mind and has a buyer for the lot who intends to proceed with plans to build a new home as soon as possible. Mr. North stated he is asking the Board to return his surety and find that the property is substantially in compliance with the approved plan.
David Beaudoin stated he looked at the site and it looks good the contractor did a great job. The removal of the hill has also improved the sight line for traffic on Chestnut Street and Brimfield Road. Having said that the decision included a condition that no building permit should be issued until a vegetative cover has been established on the exposed 4-1 slopes.
Mr. North stated the buyer has already had house plans drawn up and is waiting to close on the property before applying to the Town for a permit to build a home.
Frank Carey stated whoever purchases the property would have the same responsibility as anyone else in Monson who builds a new home to manage the site to avoid erosion onto another property or Town road.
The Board discussed the conditions of its decision and the consensus was to release the surety and accept that the site substantially conforms to the approved plan with the provision that no occupancy permit for a single family home shall be issued by the Building Commission for this property until the site is properly stabilized.
Frank Carey made a motion to return the $10,000.00 surety based on the “As Built” plan prepared by Sherman & Frydryk, Land Surveying & Engineering, signed by Donald J. Frydryk, PLS dated 4/10/2012 and Mr. Frydryk’s professional opinion that the site is in substantial conformance with the approved earth removal plan with the provision that no occupancy permit for a single family home shall be issued by the Building Commissioner for the property until the site is properly stabilized.
Tere Hrynkiw seconded the motion.
It was so voted, unanimous.
8:20 David Beaudoin moved to adjourn.
Tere Hrynkiw seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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