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The Monterey Planning Board
Minutes of Meeting
Thursday June 8, 2006
Members present: Laurily Epstein, Janet Cathcart, Stephen Rose, Cindy Hoogs, Maggie Leonard, 7:50 Wayne Burkhart.
Public present: Valerie Zantay
The meeting was called to order at 7:15 p.m. Valerie Zantay of West Road (?) attended the Planning Board meeting to get information regarding the application for a preliminary plan that was filed by Steepleview Developments LLC for a proposed subdivision on property that is accessed by West Road. Ms. Zantay described the enclave of houses on West Road where she lives. Board members were interested to get some background on this little hamlet of houses and the network of deteriorating roads that comprise the current neighborhood. According to Zantay, it was a Hebert development and Hebert (first name?) promised to take care of the roads and the water and, as far as Zantay knows, never has taken care of anything to this date. Ms. Zantay wondered if it would be possible to create a bylaw and/or town ordinance where, in the case of
non-conforming lots, it would be mandatory to give the first right of refusal to abutters. In a general way several people on the Planning Board demurred at once saying that, while this might be a good idea from a zoning standpoint, (since it would help decrease the non-conforming nature of small lots) since we live in a capitalist country, and some of our strongest laws govern personal property rights, it would probably be illegal to create such legislation. Zantay had complained that the realtor who sold the property to Steepleview would not return calls from the abutters, some of whom wished to make an offer on the property. The Board agreed that this was unfortunate but maintained that they did not see a way for the Planning Board to influence such a situation. The board advised Ms. Zantay that if she could find evidence of a neighborhood association—perhaps from an old deed—then she might have some legal recourse regarding covenants and the maintenance of
roads. Zantay was directed to the registry of deeds web site: www.masslandrecords.com
Wayne Burkhart arrived at 7:50 to personally deliver his resignation from the Planning Board. Burkhart was recently elected to the Select Board and prefers to not serve on two boards simultaneously. The board discussed the two known candidates Riccardo Boehm and Larry Klein. Burkhart mentioned that some one at Gould Farm was also interested; Jason Dunlop. Burkhart, who was present for part of Zantay’s meeting with the board, wondered if there could be a public policy response to the situation of the abutters on West Road. He asked Zantay if she had been to the Board of Health—she had.
The minutes were approved as written.
The Board reviewed the rejected sign permit application from Gould Farm’s Roadside Store. The Building Inspector rejected the application because the size of the proposed sign exceeds the allowable maximum in the Monterey Zoning Bylaws. Please see section VII.A. Signs (page 20 in Year 2000 edition). The section specifies that commercial signs in the Ag/Res district “shall not exceed 2 square feet except for agricultural signs which shall not exceed 4 square feet.” The board agreed that the Building Inspector was correct in his rejection of the sign permit application, and that the Roadside folks should apply for a Special Permit and that the Planning Board would most likely find in favor of such a request.
Also on signs, Cindy Hoogs wanted to discuss the Barnbrook real estate sign at the intersection of New Marlborough Road and Route 23. The sign is a directional sign to a property on Harmon Road and is not allowed by the Zoning Bylaws. Hoogs indicated that the Building Inspector was quoted in the Monterey News as saying that these types of signs are in violation of the bylaw.
The Planning Board briefly reviewed the application for special permit by Kevin and Jill Brenner, made by their lawyer David Hellman. The board looked at the plans created by their architects Clark and Green, Inc. and looked at the topographic survey created by Foresight Land Services. There were many questions regarding non-conforming lots and also questions regarding the height calculations. Maggie Leonard was requested to contact the Building Inspector for an explanation of height calculations. It was agreed to arrange for a site visit. Cindy Hoogs state that we must contact the Brenner’s lawyer, Hellman, prior to the visit to get permission to walk around the property. It was agreed that Maggie Leonard would contact Hellman and a tentative date of next Thursday (June 15, 2006 was set for the visit contingent upon
Hellman’s approval. It was also agreed to meet at 6 p.m. at the Town Beach.
Meeting adjourned 9:20.
Respectfully submitted,
Maggie Leonard
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