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Zoning Board of Appeals Minutes 06/26/2014

MONSON ZONING BOARD OF APPEALS
MINUTES JUNE 26, 2014

MEMBERS PRESENT:  David Beaudoin, Frank Carey, Ron Fussell and Tere Hrynkiw.

MEMBERS ABSENT:  David Jarvis and John Martin

7:37  The Board signed a bill schedule for the Republican Newspaper.

7:47  Chairman David Beaudoin convened a public hearing for a Special Permit as provided by Section 3.3.6 Non-Conforming Single & Two Family Residential Structures – Alterations by Special Permit of the Monson Zoning Bylaws for Ronald F Chalue, Jr. 20 Wilbraham Road to  remove a mobile home and replace with a wood framed 24’ x 40’ single family home.

Also Present:  Ronald F. Chalue, Jr.

Frank Carey read the legal notice as it appeared in the Republican Newspaper the weeks of June 10 & 17, 2014, Case No: C – 2014.

David Beaudoin stated five (5) members of the Board hear the case and in order for the Special Permit to be approved four (4) members must vote to approve.  This evening the Board only has four (4) members present and all four (4) must vote to approve if one member should vote not the special permit would not be granted.  He questioned if the applicant wanted to go forward with four (4) members present.

Ronald Chalue stated he would move forward with four (4) members.

Following comments from David Beaudoin regarding the power and purpose of the Zoning Board of Appeals, 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, the rights of all concerned and introduction of the Board members Ronald Chalue made a presentation to the Board.

Ronald Chalue stated his family has owned the property since 1968 and the trailer has been on the site and occupied since that time.  It needs to be replaced and rather than replace it with another trailer he would prefer to replace it with a 24’ x 40’ wood-frame single family home with a full basement.  The property is a pre-existing non-conforming lot (lack of adequate frontage) with approximately twenty (20) feet of frontage and approximately twenty eight thousand (28000) square feet in area.  The intent is to keep the property in family and improve it by the construction of a new single family home.

Ronald Chalue submitted a letter signed by nine (9) abutters to the property that stated they were in favor of demolishing the existing mobile home and replacing it with a wood frame single family home.

The Board received a letter dated June 5, 2015 from Paul Tacy, Monson Zoning Enforcement Officer stating he was unable to issue a building permit to replace an existing mobile home with a wood-framed single family home, as the lot is non-conforming (lack of adequate frontage) and he felt none of the leeway granted under Section 3.3.5 Monson Zoning Bylaws allowed him to issue the permit.  He stated it was his opinion that the removal of the old mobile home and construction of a new home would not negatively impact the neighborhood and he was in favor of granting the Special Permit.

Ronald Chalue stated the property has Town water and Town sewer.  

No one was present to speak in opposition to the petition.

Frank Carey stated the Board made a site visit and looked at the property lines.  The applicant owns a right of way located on the southerly side of the property and the abutter Lorraine Kelly has the right to pass over the right of way.   

David Beaudoin stated he had no problem with the proposed replacement of the existing mobile home with a wood framed home.

Ronald Fussell stated he believed this was a win-win situation and it would appear the abutters had no problems with the proposal.

Frank Carey moved to close the hearing at 8:15 P.M.

Tere Hrynkiw seconded the motion.

It was so voted, unanimous.

Frank Carey stated he believed the existing 1968 mobile home was a potential fire trap and a modern home with all the safety features was a vast improvement.

Tere Hrynkiw stated she agreed with Frank Carey.

Frank Carey moved to grant the Special Permit to replace an existing mobile home at 20 Wilbraham Road with a 24’ x 40’ wood framed single family home with conditions.

The placement of the new home shall be as shown on a plan submitted with the application prepared by Ronald F. Chalue, Jr. by Roger Woods & Co., dated June 2, 2014

All appropriate permits shall be obtained prior to the commencement of any work.

Tere Hrynkiw seconded the motion.

It was so voted, unanimous.

The Board found that the removal of the old 1968 mobile home and the construction of a new single family wood framed home would not negatively impact the neighborhood.  

Frank Carey moved to accept minutes of May 27, 2014 as presented.

Ronald Fussell seconded the motion.

It was so voted, unanimous.

Frank Carey moved to adjourn at 8:30 P.M.

Ronald Fussell seconded the motion.

It was so voted, unanimous.

Respectfully submitted,


Linda A. Hull