Monterey Planning Board
April 26, 2007
Minutes of the Meeting
Members Present: Brian Puntin, Janet Cathcart, Laurily Epstein, Maggie Leonard, Stephen Rose
Public Present: Joanne Brett Simms, Ronald Simms, Britney Simms, Jason Simms, Tony Doyle - Simms Attorney
Meeting began at 7pm.
II. Business from the public
Joanne and Ronald Simms presented a Form A for property on addressStreetOld Beartown Road. This road has been classified a private way. To determine if they can subdivide the Planning Board must do a site visit and verify that it has sufficient width, suitable grades, and acceptable construction.
Tony Doyle presented the story of the land including the two court cases that stated Simms could use the land as a route of access and it could be used to bring utilities to the land.
Leonard stated that she is unfamiliar with a private way like old Beartown road. It is old, discontinued. It was a road before subdivision control came into existence.
Site visit planned for April 29th at 11:00am. A quorum is not necessary but the clerk must be present if the road is to be discussed.
Rose asked if the lots were for building and if the utilities would be above ground. They were and the utilities were not required to be above ground.
Discussion on whether town counsel should take a look at the two court findings. Cathcart felt that this should be done and also expressed concern that it would hold up the decision. Leonard talked about how we should be careful and make sure to go the correct route -- liability. Some abutters bought thinking that they were next to state land. Epstein wondered if in addition to Town Counsel translating the court finding we would need a specialist to look at the road or if relying on the Planning Board members would be enough.
Planning Board examined the court cases closer and finally made the decision to proceed as if the road is in fact a private way and that Town Counsel did need to be consulted.
III Common Driveways
a) Public Hearing May 3rd
Leonard opened discussion on Common Driveways [CD] by saying, "We've had a setback." To change the CD language to include special permit requires another public hearing. Must also change the "uses by special permit" (page 10 in zoning bylaws). That also requires a public hearing. Town Counsel didn't make the change on the warrant because it's a substantial change.
Rose wondered if one could make an amendment at the town meeting floor. Leonard answered that you can.
Cathcart asked where the change would go, and Leonard told her that it would be the letter 'o' after the letter 'n'.
Leonard stated that there will be a public hearing just for the PB and it will be loaded up with many changes.
Cathcart wondered if the Gould Farm change would still be on the 3rd. Leonard answered affirmatively.
This led Cathcart to propose that when next town counsel takes over they should be invited to talk. The planning board could ask how we can best work with them to get things done.
Epstein expressed discomfort about going in front of the town with the CD bylaw proposal if the town counsel hadn't approved.
Cathcart stated that he's not disapproving if the PB wants to do it. She offered that he doesn't like it and that she didn't care if he doesn't like it.
Leonard clarified his disapproval saying that he said that when towns do this, it is usually to limit the number of lots.
Epstein felt that more information was necessary and that the PB should wait until Town Counsel is replaced.
Leonard wondered what that new information would be.
Cathcart offered a synopsis of what PB had done - PB took subdivision control regulations and applied them to up to eight houses. Leonard furthered that PB had done what he said, it was just that our number is larger than what he is comfortable with.
Rose stated that with four to eight houses it would be cheaper to use a common driveway.
Cathcart proposed that the date be far enough out so that other changes could be fit in.
Leonard agreed saying that's why PB should figure out what else to put in.
"Accessory dwelling units," Cathcart offered.
IV Read minutes from 4/12/07
Approved as written.
V Sign question Roadside Store
a) the latest info
Leonard introduced the sign issue by saying that Torrico says that it is a special permit. Variances in the bylaws are only to do with soil. They could go for a special permit for a pre-existing non-conforming use. Leonard also reported that Jon Sylbert said that he is with the PB group's decision. If PB gives them the sign, they are setting a precedent.
Puntin asked what their last sign was -- a gigantic sign on the building that they had taken down. They had been grandfathered.
Epstein stated that this isn't the situation where people will not find it because of all the other restaurants around it. It's next to an auto shop.
Leonard returned to Roadside's wishes - they want it on a post - and asked what the other PB members thought.
Cathcart submitted that they don't have to right to go for a special permit without it in the bylaws. It would be a new addition.
Puntin stated that that was the ZBA's decision to make, not the PB's.
Leonard reminded them all that she had asked for what everyone thought.
Puntin asked that the minutes reflect that he didn't shoot down their little sign to which the clerk shook his head affirmatively.
VI Wireless Telecommunications bylaw
a) Report on conversation with select board
Puntin mentioned an article saying that there were landowners on placePlaceTypeMount PlaceNameHunger who were contacted about putting cell towers on their property.
Epstein stated that there was almost universal acceptance of the inevitability of there being cell towers at some point. She furthered that it is how people communicate today. Without, it hurts the town.
Leonard clarified that it's against the law for PB to say that there cannot be cell towers in town. PB can only say where they can go.
Cathcart added that she had spoken to Gareth Backhaus and he had said that it isn't true that state land can't be used for towers. She continued that he had examples of where that was the case and a provision talking about it.
Rose offered his thoughts that cell phones and television towers can't interact with each other; that they interfere with each other.
Cathcart added that PB should proceed with the assumption that we need the change. PB should setup parameters that specify what a good spot would be. Leonard proposed that concurrently PB find out if placePlaceTypeMount PlaceNameWilcox could actually be used. Cathcart explained that she won't be around to write the bylaw, so that someone else will need to do it.
Leonard held up the zoning bylaws telecommunications sheet. She explained that it was what the zoning bylaw book references.
Rose thought that PB should also talk about hi-speed access. He had talked with someone who told him that it would cost 70,000 to re-vamp the box to allow access to everyone.
Leonard continued on about the telecommunications sheet saying that when the bylaws are reprinted the sheet should be added to it.
Cathcart offered that the bylaws cover us of towers for all communication types.
Rose thought that the PB should talk to the towns of Sandisfield, Tyringham and Otis to ask where they are planning to put in their towers.
Cathcart agreed saying that one member call up those towns and chat. Become a guru on towers. She thought they should especially talk to Backhaus and find out about state land.
VII Reports or business from board members
a) Report on public hearing April 19th re: placeCityHudson land
Public hearing covered the pending sale of the Barcley property on Tyringham road that is west side north of placePlaceTypeMount PlaceNameHunger. 70+ acres. The town had assumed that it was in 61b - recreational purposes. Because it was 61b the town had the "right of refusal."
Epstein described the meeting:
The meeting opened. Barcley's lawyer said the land is not in 61b. In 1992 the land was put into 61b. According to Barcley you need to re-apply every year. He had not done this. The town took it out in 1999 and reinstated it in 2002. He's been taking the tax benefit since 2002. Although he says he was ignorant of that. Barcley's lawyer and the town lawyer would discuss this.
Jon Sylbert recused himself because he's president of the placeCityMonterey land trust [MLT]. The MLT asked that if the town doesn't take the land, they give the right of first refusal to the MLT. Epstein stated that she received an email saying that the town had relinquished their right of refusal to the MLT.
Some discussion of what it actually means to have 61b land. Puntin clarified this issue by explaining that there is only one tax rate in town. He stated that 61a de-values the land but not the property to give a better tax rate.
Epstein added that the MLT is pursuing the purchase of the land. She added that there is a legal question and a strategic question and neither were answered in the meeting. The land must be purchased for the amount of the offer - 1.5 million. She continued that the Select Board has to give the right of refusal to another group which can either be a governmental or non-governmental body which has some standing on this matter. Some judication would be necessary.
Rose wondered what would be the next step if the MLT decided not to purchase. Then it's sold, Epstein explained.
Puntin found it interesting that the PB is asked to sign off on the agreement as the PB has no authority over the decision.
Epstein conjectured that it sounds like there is a major screw up. She noted that if there is no record of him asking to renew it that it's hard to believe it is still a 61b 15 years later. She added that there's nothing that shows they advertise it. She felt that it was required as it had to be for the public.
Puntin opined that he didn't think you had to let anybody use the land. The benefits are that it can't be built on and it allows the town to decide to buy it first before anyone else.
Epstein offered that neither her nor Puntin knew the answer to this question and that their speculation on it wouldn't shed any light.
Cathcart brought up open space in town. She said that whenever it is talked about people say that they want to see more open space. She added that there isn't much the town can do and that she wanted to present that through the use of a map. Show the actual areas that are in conservation through the town and the areas that are in state forest.
Puntin gave the figure of almost 2000 acres in the town conservation. Leonard added that 11000 acres were in state forest.
Epstein added that she thought 2/3 of the land is already unable to be built upon. It is already preserved and there are quite a lot of trails.
VIII Open Mail
Leonard opened the mail. Otis is having a public meeting for the final bylaws draft reviews April 30th at 6:30 pm.
Meeting adjourned at 8:52.
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