MONSON ZONING BOARD OF APPEALS
MINUTES 5/24/2012
MEMBERS PRESENT: David Beaudoin, Tere Hrynkiw, Ronald Fussell, David Jarvis, and Frank Carey.
MEMBERS ABSENT: Scott O’Neil
7:30 David Jarvis moved to accept the minutes of April 26, 2012 as presented.
Tere Hrynkiw seconded the motion.
It was so voted unanimous.
Following comments from Chairman David Beaudoin regarding the rules and regulations of the Board, the time constraints the Board must meet to hold a public hearing and issue a written decision, the manner in which the hearing would be conducted and introduction of the Board members, Frank Carey read the legal notice as it appeared in the Republican Newspaper the weeks of May 7, & 14, 2012.
7:45 Public Hearing for a Special Permit as provided by Section 3.3.4 of the Monson Zoning Bylaws to reconstruct a non conforming accessory building that will be larger in size but still maintains existing non conforming setbacks. The property is owned by Ronald J. & Michelle A. Tebo located at 2 Gates Street and is zoned Residential Village, Case # A – 2012.
Ronald Tebo made a presentation to the Board stating the garage that was heavily damaged by the June 1, 2012 tornado measured 20’ x 17’ and was a two storey building. The intent is to construct a two storey garage measuring 24’ x 28’ in order to accommodate two vehicles. The original structure was a carriage house built in the 1800’s and the increase in size is more functional for modern vehicles and practical in the winter.
There was no one present to speak in favor or against the proposal.
Ronald Fussell stated some of the Board members made a site visit and had questions regarding the setback of the proposed building. The stakes that are in the ground indicating the front of the building are closer to the road than the 9 feet indicated on the plan prepared by Sherman & Frydryk, Land Surveying & Engineering, dated 8/11/2011.
Ronald Tebo stated yes the corners of the proposed building are closer.
Ronald Fussell stated that is not what the application states and Note #6 on the plan states a setback of nine (9) feet to match an existing setback of nine (9) feet. The stakes that are in the ground showing the location of the foundation of the new building are very definitely closer to the paved road than 9 feet.
Michelle Tebo stated there was a stone wall there and the proposed new building does not come closer to the road than the stone wall.
Ronald Fussell questioned if the structure that was damaged sat on top of the wall?
Mrs. Tebo stated it did not, but there was a stone wall there and the new construction would not come closer than to the road than the stone wall.
Frank Carey stated the new construction cannot come closer to the road than the building it is replacing. If the non-conforming building was being replaced by one that was exactly the same size and in exactly the same location there would be no need to file with the Board. What is being proposed is a larger building than the one destroyed by the tornado and it is being made more non-conforming than it was by moving it closer to the road. He stated a garage is different from a stone wall.
Tere Hrynkiw stated the plan submitted with the application was prepared by a professional land surveyor and shows the new construction will be nine (9) feet from the front property line and that is what the Board is voting on.
Michelle Tebo stated her neighbors have no objections.
Ronald Fussell stated he agreed with Ms. Hrynkiw the Board is voting on a structure that the applicant proposes to build nine feet from the front property line and that is not what the Board members who made a site visit observed in the field. The proposed new garage is staked much closer to the road than nine feet. Mr. Fussell stated the Town owns land along the side of Town roads and speaking as one member he was reluctant to vote for a 24’ x 28’ garage that may well encroach on Town property.
David Jarvis stated he would also find it difficult to vote for a structure that comes closer to the road.
Ronald Tebo stated he needs a larger building in order to put two vehicles comfortably into it.
The consensus of the Board was that the proposed location of the new construction should agree with the surveyed plan. If that is different from the plan submitted with the application a new plan should be prepared. However it was also made clear to the applicants that several of the Board members had serious reservations regarding the location of the new building as it is staked out on the property. It is closer to the road than the previous building.
David Beaudoin explained to Mr. & Mrs. Tebo that they had the option of requesting a continuance to the meeting on June 28, 2012 to consider how they wanted to proceed. If they decided not to continue the Board would close the hearing and deliberate to make a decision based on the plans and documentation submitted.
Michelle Tebo stated they would request a continuance to the meeting scheduled for Thursday June 28, 2012.
Frank Carey made a motion to grant a continuance to June 28, 2012.
Tere Hrynkiw seconded the motion.
It was so voted unanimous.
8:25 Public Hearing for a Special Permit as provided by Section 3.3.3 of the Monson Zoning Bylaws for property located at 12 Washington Street, owned by Richard & Rosemary Johnson. The applicants seek to alter a lawfully non-conforming structure as part of reconstruction of the building destroyed by the June 1, 2011 tornado. The property is zoned Residential Village.
The public hearing was advertised in the Republican newspaper the weeks of May 7, & 14, 2012, Case # B – 2012.
Richard Johnson made a presentation to the Board stating under Section 3.3.3 of the Monson Zoning Bylaws the Zoning Board of Appeals may grant a Special Permit if it determines that the reconstruction, extension, alteration or change shall not be substantially more detrimental to the neighborhood. It is proposed to reconstruct the structure and make changes that will improve the appearance and function of the structure. Prior to the tornado the structure contained two four room apartments and two three room apartments the reconstruction will create four one bedroom apartments. There is no change in the number of apartment in the building just the way the apartments are configured. The building will be in the colonial style in keeping with other homes in the neighborhood.
Frank Carey stated for clarification that there were four apartments in the old building and will be four apartments in the new building.
Atty. Johnson stated that is correct, it is the layout of the apartments that will change not the number of apartment. It is proposed to add a second floor to what was a single story rear addition and to add a one story porch roof with columns over the rear entrances to the building. The addition of the second floor at the rear of the building will allow the changes to the floor plan to make the apartments more functional and the porch over the main rear entrances will provide some shelter in inclement weather and will also be handicap accessible. Additionally it is proposed to increase the width of the left wing of the structure to match the width of the right wing to make the front façade of the building symmetrical.
David Jarvis stated it makes sense to provide a roof over the main entrances to the apartments from the parking lot in the rear and to provide handicap access. The proposed changes to the front of the building retains the appearance of a single family home would be compatible with other homes in the neighborhood.
David Beaudoin stated the Board received correspondence from Superintendent Craig Jalbert, Water & Sewer Department stating his Department has no objections to the proposed alterations but advised that the multi unit residential dwelling would require a residential fire sprinkler system and the owners would have to complete a backflow prevention design/plan form and submit it to his Department for approval.
David Beaudoin stated the Board received correspondence from Paul Tacy, Zoning Enforcement Officer stating he had reviewed the intended changes to the building and had no objections to the proposal and felt the proposed structure would be no more detrimental than the building which it is intended to replace.
Atty. Johnson stated that as owners and residents of Monson he and his wife have an appreciation of keeping the property in harmony with neighborhood.
At 8:50 P.M. Frank Carey moved to close the public hearing and take the matter in advisement.
Tere Hrynkiw seconded the motion.
It was so voted unanimous.
David Jarvis stated he found nothing that was objectionable with this proposal. The applicants have not altered the footprint of the non-conforming structure that existed prior to the tornado, the number of apartments remains the same and a lot of thought has been put into the design changes to ensure harmony with other homes on Washington Street that have been reconstructed or renovated because of the June 1, 2011 tornado.
Frank Carey stated he agreed with Mr. Jarvis.
Tere Hrynkiw concurred.
David Jarvis moved to approve the special permit with the alterations as detailed in the applicants’ application dated May 2, 2012 and plans prepared by John L. Tracy Designs.
Frank Carey seconded the motion.
It was so voted unanimous by roll call vote.
The Board found that the proposed changes and reconstruction of a multi dwelling structure were not substantially more detrimental than the structure it was intended to replace.
9:05 The Board received a request from Kenneth Hamel, Diversified Metals, Inc. for an extension to the Special Permit issued by the Zoning Board of Appeals on June 5, 2009 for a wood processing and wood storage operation on property located on Bethany Road.
The Board has received no complaints from other Town Departments or Town residents regarding this operation and in accordance with an extension granted May 2, 2011 considered a two year extension.
Frank Carey moved to grant an extension of the Special Permit for two years with the conditions of the special permit to remain in effect and apply to the renewal issued for two years by the Zoning Board of Appeals.
David Jarvis seconded the motion.
It was so voted unanimous.
9:15 David Jarvis moved to adjourn.
Tere Hrynkiw seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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