Planning Board Minutes Thursday June 23, 2011
The meeting was scheduled for 5:30 p.m. A notice for the time change was filed with the Town Clerk on Monday June 20, 2011.
Members present: Maggie Leonard, Alan Salamon, Larry Klein – there was no quorum therefore no votes were taken and no decisions were made.
Guests invited to the meeting: Bob Lazzarini ZBA, Don Torrico Building Inspector, Mark Bobrowski attorney and expert in land use planning.
The meeting was called to order at 5:37 p.m. The floor was turned over to Mark Bobrowski who has been engaged by the Town of Monterey to reorganize and rewrite the Zoning Bylaws to enhance clarity and provide a more user-friendly document. Bobrowski described the process and time-line of how the project will proceed. He has successfully worked with many towns in Massachusetts in general, and towns in Southern Berkshire County in particular, most recently with a successful overhaul of the Great Barrington Zoning Bylaws. Here are the proposed meetings and topics:
1). Outline procedure and get started – June 23, 2011.
2). Meet with Planning Board and ZBA on Use – tentatively July 28, 2011 at 5:30 (will this work for folks?)
3). 3rd meeting end of August – workshop meeting to involve community
4). 4th meeting early to mid-October -- workshop meeting to involve community
Please see documents provided by Bobrowski and included with these minutes either in printed form or electronically.
1). Procedural Aspects of the Zoning Bylaw
2). Nonconforming Uses and Structures
3). Model bylaw of Site Plan Review
The first meeting (this one) is for Bobrowski to outline the process and also to get feedback from the Building Inspector and the Zoning Board of Appeals (ZBA) about what the problems are with the Zoning Bylaws. Bob Lazzarini from the ZBA, cited 3 problems with the current Zoning Bylaws:
1). The Zoning Bylaws are not in agreement with the state code (outdated).
2). They are poorly organized
3). When the ZBA uses the Zoning Bylaws they find them ambiguous and contradictory. The whole thing needs clarification.
Bobrowski said that Monterey should also begin to consider zoning bylaws that cover wind and solar power facilities for the future. He noted that many communities are currently dealing with these issues, particularly wind power, and that the “future” is not very far off. Alan Salamon asked Bobrowski if he was familiar with Monterey, noting that “You have to be familiar with the environment in order to know enough to rewrite the bylaws, I assume?” Bobrowski said that he had just finished working with Great Barrington, and had worked with Egremont (somewhat of a debacle but not his fault), Otis and Becket.
Don Torrico, the Building Inspector, reviewed the Zoning Bylaws and noted several instances where they conflict with the state code. Torrico has met with the Planning Board several times over the past 5 or 6 years (?) trying to get the necessary changes made to the Zoning Bylaws so they don’t conflict with the state building code. Torrico asked if there should be a section devoted to Building Permits and Bobrowski said yes, and that we also need to update the definition of “Structure.” Torrico suggested that there be something that refers Zoning Bylaw users to the Scenic Mountains Act to reduce ignorance (and therefore conflict) about the bylaw.
Bobrowski described various methods towns’ use for overseeing and/or controlling development, such as Common Driveways, Pre-packaged Waivers for developments of 3-8 lots, and for more than 8 lots Subdivision Control would kick in. Bobrowski referred to the document he had emailed on Site Plan Review. Monterey currently does not use the Site Plan Review process. Site Plan Review is a method to provide Planning Board oversight for non-residential projects. He emphasized two things; that Site Plan Review is strictly for non-residential projects, and that the Planning Board cannot turn down a project outright, only impose conditions. Bobrowski said that this has been a very valuable tool for communities and provides control for things like simple screening for unattractive nuisances and suggestions for parking requirements and
placement. Great Barrington recently adopted the process of Site Plan Review on his recommendation. Bobrowski said “It only takes one moron to ruin the look of a town.” Larry Klein asked if he makes himself available to help explain things at town meetings with PowerPoint and such, and Bobrowksi replied that he does. The Planning Board agreed to review the material but also noted that the appropriation at the Town Meeting was for re-organization and not necessarily a time to be introducing possibly controversial new zoning bylaws or procedures. Bobrowski said “Well it’s a great tool and now you have it if you ever need it.”
Bobrowksi said that it would be instrumental to have as many members of the ZBA at the next meeting that was tentatively scheduled for 5:30 p.m. Thursday July 28, 2011 (if constituents cannot meet at 5:30 then the meeting will be at 7 p.m.). At that time we will review and discuss the Use Table and Definitions.
There were no minutes from 6-16-11 to read or approve. There was no business from the public.
The Planning Board received a Special Permit Application for a cell tower at 31 Main Rd. / Eugene Bounous property. Alan Salamon took it home to study.
The meeting was adjourned at 8:00 p.m.
Respectfully Submitted, Maggie Leonard/Chair
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