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Planning Board Meeting Minutes
December 10th 2009
Members Present: Maggie Leonard, Alan Solomon, Stephen Enoch and Bridget Krans
Public Present: Don Torrico (Building Inspector), Charles Farris and Adam Chaite
- Mr. Farris was attending the meeting on behalf of his clients Mr. and Mrs. Small. Mr. and Mrs. Small received a violation from Don Torrico the building inspector after a complaint was filed by the Small’s abutter. Mr. Torrico inspected the hot tub and asked that a hand rail be installed. There was no building permit found. A violation was issued for the lack of a handrail, the hot tub being in the setback and also a pre-existing stone wall had been altered and/or enlarged without a special permit. According to Mr. Farris when the patio was put in the wall was repaired and straightened. The hot tub was installed in May of 2004. The only pervue that the Planning Board has in this case is the rock wall. According to Mr. Farris Mr. Small spoke with the Conservation Commission about his plans and they gave
him a verbal OK. Mr. Small started the project without a building permit. The Planning Board decided unanimously that due to inconclusive evidence that it was unable to make a determination. Maggie will write the finding.
- The board opened mail.
- Don Torrico the town Building Inspector came in to discuss his opinions for changes in the town bylaws. Mr. Torrico would like section VIII B. removed. He feels it is not a zoning bylaw issue but a building code issue. Also 5110.3 Exemption- Mr. Torrico would like to omit number 4. Monterey bylaws state 100 feet and the state says 120 feet. Also permits in Monterey expire in one year and the state is 6 months. According to Mr. Torrico the town is allowed to be more strict with bylaws than the state but not more lenient. Mr. Torrico would also like to add a disclaimer that if a permit is not required the individual should still check with the appropriate boards. Code 5120 currently states that a new building/ structure can be used in 14 days. It needs to be changed to state that new building/ structure cannot
be used until sign off is received. 5110.2- temporary structures. The request for these should go to the Selectmen because they meet weekly. They should expire in 6 months rather than one year. Finally a definition of trailer needs to be added. A disclaimer also needs to be added. In the absence of a definition refer to state building code 780 CMR chapter 2 and 52 (one and two family dwellings). Mr. Torrico will discuss with town council if we need a vote at town meeting to make these changes.
- Meeting adjourned at 9:00 PM.
Submitted by,
Bridget Krans
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