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Planning Board meeting minutes 11/17/2010
Members present: Maggie; chair, Bridget, Larry, Stephen Enoch
Public Present: Wayne Burkhart; Monterey Town Selectman, Brian Domina of Berkshire Regional Planning, Eugene Bounous of 31 Main Road
Meeting opened at 7:15 PM
- Petition to keep cell towers out of towns: a Petition was submitted by members of various towns to Berkshire Regional Planning due to perceived health issues caused by cell towers. Berkshire Regional Planning responded by stating what has been done thus far with local boards and what trainings and workshops will be upcoming. Berkshire Regional Planning also stated that it is very costly to do such wide spread and integral studies that the petitioners were suggesting. Larry suggested that our board draft a letter to infinigy to provide us with a study at their cost that shows that the coverage they are suggesting is legitimate and accurate.
- Telecommunications bylaw draft- The heading of Personal Wireless Service Facilities was called into question. Board members wondered why the word personal was used. Was it possible to get rid of personal? Brian did not think that the language had any substantive purpose. Steven Enoch felt that maybe it was keeping with the language of other bylaws in the county. Larry wondered what part of the bylaw that he had worked on were not incorporated and why. Working on the bylaw and the corrections/suggestions that Brian had the first suggestion was section 4 F.2. - add Maintenance. The next suggestion was 4 F. 9. A- Members of the board were concerned with the word feasible and wondered if it could be problematic. Brian felt that it kept with the language of bylaws and that it would not be a problem. Stephen Enoch suggested that
we leave all legalities such as wording up to legal counsel. Scar on the landscape- Members of the board wondered how such a thing would be enforced. This wording is in relevance to the roadway that needs to be put in to build and maintain a tower. It is very subjective. Larry suggested that as long as it keeps with the flow of the landscape it should be fine. The board decided to keep the wording. Stephen Enoch brought up the point that any time we put a reference to a bylaw that is current we should refer to the section in the bylaw rather than write the bylaw out. In section J- the fall zone is at least one and a half times the height of the Tower. Larry pointed out that the towers have manufactured break points. Brian stated that one and a half times is at standard safety regulation in the majority of the bylaws. Section I- New towers shall be the lesser of (a) 165 feet or (b) the minimum height to be determined by the independent consultant. The board decided to change (a) to
199 feet. The board will also add in that the cell towers need to be monopoles.
- Upcoming- Larry requested that the board meet with town Counsel and that Brian be present. The boards funds run out on December 31st. The December meetings are scheduled for the 9th and the 23rd. Mr. Burkhart wondered if the upcoming grants with Berkshire Regional Planning could benefit the board. The deadline is December 15th. Mr. Burkhart and Maggie will try to learn more before then. The board will ask town counsel to come to our meeting on December 9th. Prior to this Maggie will type of the final draft and send it to town counsel.
- Section III. C. Description of Districts- Brian took out some redundancy and moved certain definitions and districts into more appropriate places.
- Article for the Monterey News- Will Marsh from the Monterey News spoke with Maggie and mentioned that he would really like to have an article in the Monterey News discussing what the Planning Board has been working on. The members of the board that were present agreed that it was an appropriate time. Maggie will work on it in order to get into the December issue.
- Variance application for Kingenstein- the Kingenstein’s are requesting a variance for a BBQ pit and a stone wall that was built within the 40 feet of the mean high water line of the lake. The bylaws state that no structure shall be constructed. Larry made a motion that we suggest that the application for the variance be denied, the board unanimously agreed.
- Special Permit application for 18 Sylvan Road- Laura Mensi of 18 Sylvan Rd. is requesting a special permit for reconstruction of an existing single family residence under section IV. E. 2. B of the Monterey zoning bylaws on a non-conforming lot. The reason a special permit is required is because the structure is increasing in height. The board needed to decide if the proposed project was increasing the non-conforming nature of the lot. The structure is not going further into the setbacks and the height is going higher but not higher than allowed in the bylaw. The board decided to wait an give the board members that were not in attendance the chance to look over the permit. Larry made a motion to adjourn and Stephen seconded it.
- Adjourned at 9:35
Submitted by,
Bridget Krans
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