Planning Board Meeting Minutes June 10th, 2010
Members Present: Maggie Leonard; co-chair, Barry Karson, Alan Salamon and Stephen Enoch and Bridget Krans
Public Present: Mike Parsons
Meeting to order: 7:10
- Judith Mortenson Estate-Mike Parsons on behalf of the estate of Judith Mortenson of Sandisfield Road. The property is under contract to be sold. Two acres with the house are being split off and will leave 45 acres of land. The house will have 447 feet of road frontage and 1039 feet will remain with the 45 acres. Maggie questioned how the driveway would work. Mike stated that there would be an easement over the existing driveway until the new owners make a new driveway that will service the house. Mike explained that a new septic system was going to be designed and installed in the near future. Mr. Parsons submitted the correct forms and the appropriate fee. Stephen Enoch brought up the point that we should put in a note stating that the driveway easement does not constitute a legal common
driveway. The board agreed that should the occupants continue use of it they will be required to come to the Planning Board and meet the minimum standards and bylaw regulations for a common driveway. Mr. Parsons made the correction to the plan stating-“The Planning Board endorsement does not imply compliance with the common drive way bylaw.” Mr. Parsons will reprint the copies with the added provisions. The board unanimously approved the plan.
- Previous meeting minutes- Minutes accepted as amended.
- Emails from Bob Lazzarini- Mr. Lazzarini of the ZBA is concerned with sec. IV.E.2.b of our town bylaws. Mr. Lazzarini is suggesting a “two pronged” approached. He would like to see the town bylaws patched and eventually have a global revision. A new case law has been presented that suggests that once a lot or structure is non -conforming then nothing can be done to either. The board discussed various interpretations. Stephen Enoch wondered if we could get town counsels’ opinion on the interpretation of the law. Members of the board read the new case law and had some differing opinions than those of Mr. Lazzarini. Maggie is going to email Mr. Lazzarini and let him know that we are going to speak with town council and we will then discuss it again after we hear back.
- Revision of town bylaws- the board discussed a global revision of the town bylaws. Maggie agreed to form a committee with the ZBA to identify problematic bylaws and discuss if they should be changed or not. Also to be discussed would be the bylaw organization and inclusiveness.
- Board Member Reports- Stephen confirmed with the Select board that the Planning Board would be interested in working with the Select board in revitalizing the town of Monterey. Stephen discussed with the planning board that there has been discussion about putting up a trailer for Kindergarten rather than using the Monterey school. The town bylaws state that in order to put up a trailer on town property there must be a public hearing and then a special permit would have to be obtained. A trailer is only allowed while a new home is being built and as a result a variance would be needed from the ZBA.
- Next meeting will be attended by Brian Domina of BRPC. He is going to review the current telecommunications bylaw with the board and what changes should be made.
- Special Permit Application- A special permit application was submitted for Mr. and Mrs. Gelbard. The application is regarding the repair of a retaining wall and decking on Lake Garfield water front. The Conservation Commission filing has already been done. The retaining wall is going to be constructed out of Versa Zoc Brute Wall Systems. Everything will stay in the same footprint as the existing structure.
- Mail opened- BRPC meeting minutes received.
Meeting adjourned- 9:10 PM
Submitte by Bridget Krans
| 
