MONSON ZONING BOARD OF APPEALS
MINUTES DECEMBER 18, 2014
MEMBERS PRESENT: David Beaudoin, Frank Carey, David Jarvis and Ronald Fussell.
MEMBERS ABSENT: John Martin and Tere Hrynkiw.
7:30 David Jarvis moved to approve the minutes of September 25, 2014 as presented.
Ronald Fussell seconded.
It was so voted.
The Board met with Laurie Veninger regarding the transfer of the Special Permit to operate an equine facility to Board Horses and give Riding Lessons at 32 Ayers Road.
Laurie Veninger stated that she was in the process of purchasing the property and wanted to be sure that the Special Permit could be transferred to allow her to board horses.
David Beaudoin stated the decision dated March 5, 2008 included a condition that allowed the Special Permit to be transferred with the approval of the Board. He stated before considering the transfer of the Special Permit he spoke with the Fire Chief, Police Chief and Health Inspector to see if their Departments had experienced any problems with the facility, and found no complaints or problems were reported.
Laurie Veninger stated she had a copy of the decision and has no problem with the conditions of the Special Permit. She stated at this time she did not plan to give riding lessons but may take one horse to board in addition to the two she owns. The permit limits the number of horses including those owned by the property owners to 7 horses.
Laurie Veninger stated there is one condition of the Special Permit that was not met by the current property owners Condition #4 “A suitable compost area with a cement pad and cover shall be maintained for the storage and management of manure”, there is no cement pad in place.
The Board referred to a letter from Lorri McCool, Health Inspector for the Town of Monson that included information regarding Best Management Practices for Stables and Pastures.
David Jarvis stated he had no problem with transferring the special permit as long as the conditions of the special permit continue to be met and based on the information in the literature provided by the Health Inspector would suggest revising Condition #4 as follows:
4. A suitable compost area shall be maintained that meets the Best Management Practices for Stables and Pastures standards.
Frank Carey moved to transfer the special permit with all conditions remaining in effect except condition #4, which is revised to read “A suitable compost area shall be maintained that meets the Best Management Practices for Stables and Pastures standards”.
David Jarvis seconded the motion.
It was so voted, unanimous.
8:20 The Board received a letter from the owners of Orange Lantern, Inc. D/B/A Magic Lantern requesting a renewal of their Special Permit for Adult Entertainment.
The members discussed the request and noted that the operators of the establishment were late in getting in the request for a renewal. The Adult Entertainment Bylaw is specific:
Section 6.16.7 “Expiration Any adult entertainment use special permit granted shall expire after a period of one calendar year from its date of issuance and shall be automatically renewable for successive one year periods thereafter, provided that a written request for such renewable is made to the special permit granting authority prior to said expiration and that no objection to said renewal is made and sustained by the special permit authority based upon the public safety factors applied at the time that the original special permit was granted, conditions imposed by the special permit granting authority at the time the permit was issued or renewed and violations of the bylaw itself.
The Board will contact the police chief to ensure he has no objections to the renewal of the special permit.
David Jarvis moved to renew the special permit for one (1) year contingent upon a response from the Police Chief that he had no objections or concerns.
Frank Carey seconded the motion.
Voting Aye: David Beaudoin, David Jarvis and Frank Carey
Voting Nay: Ronald Fussell.
The Board will include a copy of the Adult Entertainment Bylaw to remind the operators of the Magic Lantern of their obligation to not only send a written renewal request but to make sure it is on time.
8:30 David Jarvis moved to adjourn.
Frank Carey seconded.
It was so voted, unanimous.
Respectfully submitted,
Linda A. Hull
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