MONSON ZONING BOARD OF APPEALS
MINUTES JULY 9, 2012
MEMBERS PRESENT: David Beaudoin, John Martin, Tere Hrynkiw, Ron Fussell, Scott O’Neill and Frank Carey.
7:30 Frank Carey moved to approve the minutes of May 24, 2012 as presented.
John Martin seconded the motion.
It was so voted unanimous.
The Board received correspondence from Gary Pfisterer requesting the return of the $60,000.00 cash bond that was a condition for the issuance of a special permit to remove earth material from lots on Reynolds Avenue and Main Street. Mr. Pfisterer also submitted an “As Built Plan” and letter prepared by Donald Frydryk, PLS, PE, Sherman & Frydryk, Land Surveying & Engineering dated 7/09/2012 stating that the site was in substantial conformance with the approved earth removal plan. Additionally the Board received correspondence from John Morrell, Highway Surveyor dated July 2, 2012 and Paul Tacy, Zoning Enforcement Officer dated July 9, 2012 that the project was complete and the conditions imposed by the Town satisfied.
David Beaudoin stated he looked at the site and would have no problem voting to release the surety.
Frank Carey made a motion to release the $60,000.00 cash bond.
Ronald Fussell second the motion based on the recommendations of the Highway Surveyor, Zoning Enforcement Officer and Donald Frydryk, PLS, PE.
It was so voted unanimous.
7:45 Continuation of a Public Hearing for Ronald Tebo, Jr. 2 Gates Street, for a variance as provided by Section 3.3.4 of the Monson Zoning Bylaws. The applicant seeks a variance to reconstruct an existing non-conforming accessory building. The public hearing was continued from May 24, 2012 because the plan submitted by the applicant did not agree with the location of the proposed building staked out on the property at the site visit.
Mr. Tebo submitted a revised plan prepared by Donald J. Frydryk, PLS Sherman & Frydryk, Land Surveying & Engineering dated 8/11/2011, revised 6/14/2012 showing a front setback of the proposed 22’ x 28’ garage to be nine (9) feet matching the setback of the accessory structure destroyed by the June 1, 2011 tornado.
Tere Hrynkiw questioned the height of the proposed building?
Mr. Tebo stated the structure destroyed by the tornado was thirty (30) feet high and the new building will not exceed that height.
Ronald Fussell stated he was satisfied that proposed building would not be any closer to the front property line than the structure it will replace.
Frank Carey moved to close the hearing at 8:00 P.M. and take the matter under advisement.
Tere Hrynkiw seconded the motion.
It was so voted unanimous.
Frank Carey moved to grant a variance for the re-construction of a non-conforming structure that will be larger in size 22’ x 28’ than the building it replaces with conditions:
- The proposed accessory building shall maintain the same front setback nine (9) feet and side setback fourteen (14) feet as the structure it replaces as shown on a plan prepared by Donald J. Frydryk, PLS, Sherman & Frydryk, Land Surveying & Engineering dated 8/11/2011 Revised 6/14/2012.
- The proposed accessory building shall not exceed thirty (30) feet in height which was the height of the structure it replaces.
Ronald Fussell seconded the motion.
It was so voted unanimous.
8:10 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 June 12, & 19, 2012, Case C – 2012.
The Chairman convened a Public Hearing to hear an appeal of a decision of the Zoning Enforcement Officer from the Quaboag Riders Motorcycle Club, Inc. The petitioner is appealing a decision under Section 3.3.7 of the Monson Zoning Bylaws made by the Zoning Enforcement Officer relating to motorcycle racing.
Atty. Raymond Blanchette counsel for Quaboag Riders Motorcycle Club, Inc. stated the club has been in existence since 1946 and conducted various motorcycle activities in the same general area of King Avenue since then. Historically it has been hill climb events but in the past they have held track racing. The club received a cease and desist notice from the Zoning Enforcement Officer Paul Tacy because of the J Day racing events that have taken place. These events are timed races around a flat course as opposed to hill climb events. In the opinion of Mr. Tacy track racing constituted a new use and was not a grandfathered use because more than two years have past since the Club held this type of event. Atty. Blanchette stated he believed it was a difference without distinction, racing is racing
whether you go up a hill or around a track. The Club has conducted timed events with motorized vehicles continuously since 1946. The Club is asking the Board to uphold its appeal of the decision of the Zoning Enforcement Officer and allow it to continue the J Day races.
Ray Mansfield stated the club is working with the Conservation Commission to file a Notice of Intent for the track that is being used for the J Day races.
Atty. Blanchette stated this is not a substantially different use than that conducted in the past.
Present and speaking in favor of the petitioner were: Ray Mansfield 81 Cedar Swamp Road, Ron Guertin, 21B Flynt Avenue, Jim O’Connell 289 Wales Road, Curt Jamieson 3 Pleasant Street, Richard Baer, 143 Fenton Road, Richard Alexander, Jr. Main Street and Daniel Pikul 21 King Avenue all from Monson. Kevin Perry, Bondsville, Larry Hogan, Three Rivers, Michael Boral, Uxbridge, Glenn Shorett, Holland.
Present and speaking in opposition was: Roxanne Gunther 69 May Hill Road. Ms. Gunther owns 1 Whitney Avenue and has experienced problems with motorcycle riders coming through her property.
The Board received letters supporting the Quaboag Motorcycle Club from: The Monson Lions Club, Monson Summerfest and Subway.
Letter from Susan J. Bishop 1 Valley View Heights stating her concern that there is a group on the property owned by Quaboag Motorcycle Club that on Sundays conduct paintball or pellet games and questioned if this type of activity was allowed so close to a residential area.
The Board received a letter from National Grid stating it was in receipt of the legal notice and had an objection to the granting of an application for motorcycle riding because of an easement for high voltage transmission lines that runs directly across the property in question.
Atty. Blanchette stated the property owner can use the property including the easement but cannot block the easement.
Kevin Perry stated the track area is nowhere near the power lines.
Ron Fussell questioned if there was a plan that shows where the activities are?
Jim O’Connell stated the track changes every time.
Kevin Perry stated Federal Fortress uses the property for training exercises the police and military bring young cadets. The pellets are bio-degradable all players are required to wear safety gear and the organizer carries insurance.
David Beaudoin stated the letter from Paul Tacy only refers to J Day off road racing the issue of paint ball or pellet guns is not before the Board.
Frank Carey stated the Board can only rule on what is before the Board.
Ron Fussell stated the majority of the side by side race track appears to be on the parcel of land purchased from Gary Pfisterer in 2002.
Ron Guertin stated it is correct that the Club has not held timed side by side races since the 1960’s, but the Club has allowed recreation riding on the property.
Frank Carey stated if the timed scramble races have not been held since the 1960’s the Club should have gone to the Town before building the new race track.
Ron Fussell stated he thought the Motorcycle Club was a wonderful organization but agreed with Mr. Carey that before a new track was built there should have been contact with the Town..
Atty. Blanchette questioned the difference between a course and a track?
Frank Carey stated they are one and the same a track to run on and a course to go over.
Kevin Perry stated prior to purchasing the property the Club had limited use of the property and maintained trails for the previous owner.
Frank Carey stated he was not against scramble racing but wanted to be sure he was doing right by Town.
Ray Mansfield stated the people who run J Day racing pay for special insurance that allows for spectators to be close to the event.
Dan Pikul stated not only is he an abutter to the Club but he is also a spectator and has not seen any safety issues. There are stakes and red tape that keep spectators 10 to 15 feet away from the course.
Tere Hrynkiw questioned how many J Day events are held a year at the Club.
Atty. Blanchette stated there are two J Day events each year.
Ron Guertin stated they hold two J Day race events a year one in April and one in October. He stated he would like to do something in the winter at the club to help out with finances because the hill climb events do not bring in the spectators it used to.
John Martin stated he did not disagree with the use of the property but believed a site plan showing the location of the activities on the property would be beneficial. It would give the Board a clearer understanding of the area where the track is located.
Ron Fussell agreed stating he would like to see setbacks from abutting property so the Board could assess impacts to abutters and believed the Planning Board should review this under the Site Plan Approval process.
David Beaudoin stated the Zoning Bylaws Section 3.3.2 Nonconforming Uses gives the Zoning Board of Appeals the authority to issue a special permit to change a non-conforming use if it determines that such change or extension shall not be substantially more detrimental than the existing non-conforming use. The Zoning Board of Appeals may consider a change or extension of the use; or change from a non-conforming use to another, less detrimental, non-conforming use. Mr. Beaudoin stated he believed that section of the bylaw applied to this situation.
Atty. Blanchette stated his client would prefer to keep this within the Board of Appeals authority and from the discussion felt a continuance to allow the Club time to prepare a site plan would be helpful.
With the agreement of all parties Ronald Fussell moved to continue the hearing to July 26, 2012.
Frank Carey seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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