Monterey Planning Board
Thursday, September 28, 2006
Minutes of the meeting
Members present: Cindy Hoogs, Brian Puntin, Laurily Epstein, Janet Cathcart, Maggie Leonard, Stephen Rose.
Public present: Jess Worman from Kelly, Granger, Parsons & Associates
Jess Worman from Kelly, Granger, Parsons & Associates came before the board to review and clarify the plan submitted for Barry S. and Marjorie Jaffe. The property is located in the Lake Shore District and consists of 6.2 acres with frontage on Hupi Road on the north side, and a channel of water from Lake Garfield on the south side. The plan shows 17 parcels on the east side of the channel that are 27 feet wide and 18 parcels on the west side of the channel that are 28.37 feet wide. Additionally, on the plan there is a right-of-way on the east side of the channel that would provide access to the 17 parcels, and on the west side there is Phelps Road and Scott Road that would provide access to the 18 parcels. The Jaffes contend that the plan is a Form A / Approval Not Required and Jess Worman was present to support that contention for
Kelly, Granger, Parsons & Associates.
Board member Laurily Epstein stated that the plan is for land that is in the Lake Shore District, and, according to the Monterey Zoning Bylaws, page 13, Section IV. D. the sole use-by-right in the Lake Shore District is for “single family residential purposes only.” Board member Janet Cathcart voiced concern over the creation of the right-of-way and asked if the plan would create frontage. Board member Cindy Hoogs stated that the access via Phelps Road may not be adequate. Board member Brian Puntin suggested that the Planning Board file for an extension to facilitate further review. Cathcart concurred and asked that the written request for an extension should state that, in the event an extension is denied, the Board would have to disapprove the plan. Hoogs noted that either the request for an extension or the disapproval
of the plan would have to be filed with the Town Clerk by Wednesday October 5, 2006. Brian Puntin made a motion that the Planning Board request a 21 day extension for review of the plan, Janet Cathcart seconded the motion, and all board members were in favor. Board member Stephen Rose asked that section IV. D from the Monterey Zoning Bylaws regarding uses by right in the Lake shore District be referenced in the letter. Janet Cathcart made a motion that the letter state that not granting the extension would result in disapproval of the plan, and that motion was seconded by Laurily Epstein, and unanimously agreed upon by the Planning Board.
Brian Puntin asked who is in charge of affordable housing in Monterey? Puntin asked where the Planning Board would go for advice in matters of affordable housing? Stephen Rose suggested that Puntin consult the State Code Chapter 40B which regulates the permitting of housing units that are considered affordable by the state. Laurily Epstein added that Select Board member Jon Sylbert knows a lot about the affordable housing rules and regulations. It was noted that Monterey has some obstacles to creating affordable housing, namely that it is economically unfeasible to build affordable housing in an area such as Monterey with no town sewer system to tie into, and a very small area covered by the town water company. Epstein suggested that Puntin could attend the upcoming evening meeting of the Select Board to make inquires. Cathcart said that the
Monterey Zoning Bylaws do not currently have the mechanisms for “inclusionary zoning” and that in order to make these changes the Planning Board would need a lot more information.
The minutes were approved as written.
The Planning Board reviewed the proposal presented by Cindy Hoogs for making additions to the Subdivision Control Regulations. The language presented would help to ensure the adequacy of roads leading to a subdivision road. Language was also proposed outlining procedures for the Planning Board when a Form C / Definitive Plan is submitted. Hoogs suggests a protocol that includes a “Completeness Review” using a checklist, and makes provisions for stopping the time clock on incomplete applications. The proposed language would be inserted in the Subdivision Control Regulations at the end of page 6, section III. Procedure for the Submission and Approval of Plans. Janet Cathcart commented that the proposed amendments would give the Planning Board some time leverage. The Planning Board unanimously agreed to hold a public hearing on the
proposed additions and amendments to the Subdivision Control Regulations at its regular meeting on October 26, 2006. In a related matter Hoogs noted that there was a notice in the paper from the Attorney General that stated that the last Planning Board public hearing was noticed 13 days prior to the hearing —not 14 days as stipulated.
The Planning Board discussed increasing the fees associated with the Subdivision Control Regulations which have not been updated for almost 20 years, with exception of the Form A fees. The board reviewed a list of Berkshire County towns and the various fees that are charged for Form A / Approval Not Required, Form B / Preliminary Plan, and Form C / Definitive Plan. Hoogs made a motion to increase the fee for a Form A application from $40 to $75 and Puntin seconded the motion and it was unanimously approved by the board. Hoogs made a motion to increase the fee for Form B from $50 plus $10 per lot or housing unit to $100 plus $20 per lot or housing unit. The motion was seconded by Cathcart and unanimously voted by the Planning Board. Stephen Rose made a motion to increase Form C applications from $100 plus $20 for each lot or housing unit to
$175 which Janet Cathcart then amended to $200 plus $25 per lot or housing unit. Puntin seconded the amended motion and the board voted unanimously in favor.
The Board discussed the timely inclusion of the legal notice for the hearing in the Berkshire Record and also the Monterey News. There was discussion about what to write for the Planning Board article in the October Monterey News.
The meeting was adjourned at 9:24
Respectfully Submitted,
Maggie Leonard
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