MONSON ZONING BOARD OF APPEALS
MINUTES MARCH 28, 2013
MEMBERS PRESENT: David Beaudoin, Frank Carey, Tere Hrynkiw David Jarvis and John Martin.
MEMBERS ABSENT: Ronald Fussell and Scott O’Neill.
7:30 Frank Carey moved to accept the minutes of September 27, 2012 as presented.
David Jarvis seconded the motion.
It was so voted unanimous.
The Board received a written request from George Martin owner of Ms. Piggy’s for the renewal of his Special Permit for an adult entertainment business for one year.
Frank Carey moved to renew the Special Permit for an adult entertainment business for a period of one year. The conditions of the Special Permit issued November 29, 2004 remain in effect and apply to the renewal issued for one year by the Board on March 28, 2013.
Tere Hrynkiw seconded the motion.
It was so voted unanimous.
The Board received a written request from Mark, Peter and Amy Pessolano owners of the Orange Lantern Inc. doing business as the Magic Lantern for the renewal of their Special Permit for an adult entertainment business for one year.
David Jarvis moved to renew the Special Permit for an adult entertainment business for a period of one year. The conditions of the Special Permit issued March 3, 2005 remain in effect and apply to the renewal issued for one year by the Board on March 28, 2013.
Frank Carey seconded the motion.
It was so voted unanimous.
7:45 P.M. Public Hearing for a Special Permit for an In-law apartment from Bryan & Debra Kortekamp, 33 Butler Road.
Chairman David Beaudoin convened the public hearing and following his comments regarding the rules and regulations of the Board, the manner in which the hearing would be conducted, the time constraints the Board must meet to hold a public hearing and issue a decision and introduction of Board members Frank Carey read the legal notice as it appeared in the Republican Newspaper the weeks of March 12, & 19, 2013.
Mr. & Mrs. Kortekamp made a presentation to the Board stating they propose to construction an addition to their existing home of a garage with an in-law apartment above. As required by the regulations Mr. & Mrs. Kortekamp stated their intent to occupy the apartment and their children would occupy the main house. Mrs. Kortekamp stated all occupants of the home would be family members and there is direct access from the in-law apartment into the existing home. Mr. Kortekamp stated he purchased a parcel of land from his neighbor to be certain that they could meet the setback requirements. The plan was approved by the Monson Planning Board and recorded in the Hampden County Registry of Deed September 20, 2012 Book of Plans 364, Page 56.
Frank Carey stated that if the Zoning Board were to approve the Special Permit it would be for Bryan and Debra Kortekamp and if they sold the property or ceased to live in the home the special permit would be nullified.
Frank Carey moved to close the public hearing.
Tere Hrynkiw seconded the motion.
It was so voted unanimous.
David Jarvis stated the applicants have met the criteria, the in-law apartment has direct access into the existing house, they have submitted a notarized letter that they would occupy one of the units and the construction meets the setback requirements.
Tere Hrynkiw concurred.
David Jarvis moved to approve the Special Permit for an in-law apartment at 33 Butler Road for Bryan & Debra Kortekamp with conditions:
The special permit is granted based on the plans submitted with the application including the hand written notation on the plan of the direct access into the existing house.
This Special Permit is granted to Bryan and Debra Kortekamp. If the applicants cease to occupy one of the dwelling units, the Special Permit is nullified and any future owners of the property must file for a special permit with the Zoning Board of Appeals.
The Special Permit cannot be transferred or assigned to a third party.
No permits shall be issued until notice of this decision of the Monson Zoning Board of Appeals has been recorded in the Hampden County Registry of Deeds.
This Special Permit shall lapse within two years from the date the permit was granted unless substantial construction has commenced and continues regularly.
Failure to comply with all conditions stated herein and with all related statutes and other regulatory measures shall be deemed cause to revoke or modify this Special Permit.
John Martin seconded the motion.
It was so voted, unanimous.
The Board found that the proposed construction met the criteria for the issuance of a Special Permit under Sections 6.7 and 7.3 of the Monson Zoning Bylaws. The proposed construction will retain the overall appearance of a single family home and is in harmony with the zoning district in which the property is located.
With no further business David Jarvis moved to adjourn at 8:30 P.M.
Frank Carey seconded the motion.
It was so voted, unanimous.
Respectfully submitted,
Linda A. Hull
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