MONSON ZONING BOARD OF APPEALS
MINUTES SEPTEMBER 25, 2014
MEMBERS PRESENT: David Beaudoin, David Jarvis, Ronald Fussell, John Martin and Tere Hrynkiw.
MEMBERS ABSENT: Frank Carey.
David Beaudoin convened the meeting at 7:30 P.M.
John Martin moved to accept the minutes of August 28, 2014 as presented.
Tere Hrynkiw seconded the motion.
It was so voted, unanimous.
7:45 Public Hearing for a Special Permit as provided by Section 3.3.3(1) Non- Conforming Structures of the Monson Zoning Bylaws for David T. Royce, 42 Circle Drive, Case E – 2014.
David Jarvis read a copy of the legal notice as it appeared in the Republican newspaper the weeks of September 9, & 16, 2014.
Donald Frydryk, Sherman & Frydryk, Land Surveying & Engineering made a presentation to the Board stating the existing residence is a pre-existing non-conforming structure in that it lacks the required forty (40) feet front setback. The existing residence is setback thirty two feet from the front property line. The applicant proposes to construct an addition on the westerly side of the house that will maintain the current non-conforming front setback. The side setback on the westerly side of the house currently conforms to the requirements of the Zoning Bylaw and will continue to conform to the required side setbacks with the proposed addition.
David Beaudoin stated he looked at the site and it looks as though the house is setback further than thirty two (32) feet.
Donald Frydryk stated the existing residence is approximately fifty (50) feet from the street but it is thirty two (32) feet from the front property line.
David Jarvis stated on the plan it looks as though the addition is setback further than the existing home.
Donald Frydryk stated it looks different because of the curve of the road.
Remo Pizzichemi stated he owns the home at 38 Circle Drive and did not receive notice of the public hearing.
Linda Hull showed Mr. Pizzichemi a certified list from the Monson Assessors identifying Joan Lotze as the property owner.
Remo Pizzichemi asked to view the plans and questioned what the addition would be used for?
David Royce stated he planned to put in a first floor bedroom so that he did not have to go up and down the stairs.
Remo Pizzichemi stated he purchased the house next door at the end of August and if he had known about the addition may not have bought it.
David Royce stated he was the Principal Assessor in Monson for many years and the Assessors cannot change the record card until notified by the Hampden County Registry of Deeds of the property transfer. The Assessors would not have been notified of the deed changes for August until the middle to end of September.
Remo Pizzichemi stated he would not object to the construction providing the tree line is as robust as it is today.
David Royce stated he does not propose to cut any more trees and would be happy to work with Mr. Pizzichemi regarding landscaping.
David Jarvis stated the proposed addition does not change any dimensions to lot lines including the westerly side of the property which is closest to 38 Circle Drive. The Board cannot mandate plantings when nothing is being changed with regard to the setback, it all depends on the good nature of Mr. Royce.
David Beaudoin moved to close the hearing at 8:15 P.M. and take the matter under advisement.
David Jarvis seconded the motion.
It was so voted, unanimous.
David Beaudoin questioned if the members had any questions or concerns?
Ronald Fussell stated he thought it was pretty straightforward and had no objections.
John Martin and David Jarvis stated they had no objections.
David Jarvis moved to grant the Special Permit for the construction of an addition to an existing non-conforming residence located at 42 Circle Drive that does not create any new non-conformities and maintains the pre-existing non-conforming setback from the front property line with the condition that the construction conforms to the plan submitted with the application prepared by Sherman & Frydryk, Land Surveying & Engineering.
Ronald Fussell seconded the motion.
It was so voted, unanimous.
8:30 David Jarvis moved to adjourn.
Tere Hrynkiw seconded the motion.
It was so voted, unanimous.
Respectfully submitted,
Linda A. Hull
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