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Planning Board Minutes 3/8/12
Planning Board Meeting Minutes- 3/8/12
Members Present: Maggie Leonard; Chair, Stephen Enoch, Larry Klein, Bridget Krans and Barry Karson

Meeting to order: 7:10 PM

  • Previous Meeting Minutes: February 23rd meeting minutes approved as amended.
  • Gauthier Special Permit: Maggie spoke with Bruce Martin and he complied by supplying the board with the requested improved plans.  Larry felt that there were not issues. Maggie felt that we should go through it step by step. We know that the existing house is within the front 25 foot setback.  The front porch, the front of the house and the garage specifically. The house and the garage predate zoning resulting in a grandfathered status. The front of the existing house will still be in the setback. Proposed construction reduces amount of building in the setback but does not eliminate it. Looking at the plans Stephen pointed out that the driveway was very close to the property line. Currently there is no restriction on how far away from the property line a driveway needs to be.  Applicant proposes to demolish garage and reconstruct out of setback. The applicant proposes to demolish existing front porch and reconstruct out of setback.  Overall added interior space will be 712 feet.  Currently it is 2, 173 square feet. Barry stated that this is more than 25%. According to Maggie, Mr. Martin stated that they are going to reduce the amount prior to their hearing with the ZBA. Since this was not information gained at an open meeting the board will proceed with the information that has been given. Currently they have proposed a 33% increase. Maggie felt that in her opinion they are not limited to the 25% because they do not increase the nonconforming nature. Maggie thought that others may not agree with this.  The planning board cites section B of the zoning bylaw. Even though the size is increasing it is not going further into the setback and therefor the board does not feel it is increasing the nonconforming nature and therefore falls into section B. Barry made a motion that we make a recommendation as discussed. The board agreed unanimously.
  • Zoning Bylaw Revisions:  Maggie spoke to Mr. Bobrowski regarding the table of use regulations. They also spoke about a public market. The board has wondered what he meant by that. Basically it is like the general store. Essential services were discussed.  We changed the table to allow a golf course in the business district. Private clubs were listed as needing to go to the board of appeals.  Sales room for motor vehicles was corrected. No new car show rooms will be allowed in Monterey. Added to the table was studio business and home studio.  Maggie proposed that we just add the word commercial to airstrips and helipads.  Maggie thought we should say no commercial airstrip and no commercial helipad. Maggie and Bridget felt that a helipad should at least be a board of appeals issue. Stephen felt that he wanted to separate out airstrips and helipad. He would not like to have helipads allowed. Larry said that the FAA trumps our bylaw and states that they are allowed.  Larry stated that right now anyone could land a float plane on Lake Garfield.  This is because it is not a private lake. Any float plane can land on a great pond. Larry felt that it would be putting the town in a possible legal situation by not following precedent that has been set. Bridget stated that she did not feel that we should base our opinions on whether or not the town would be in legal trouble. Larry disagreed.  Maggie stated that we could make it a board of appeals issue to provide town oversight and input. The board of appeals could regulate the time of day and frequency etc.  Stephen would be willing to go with the board of appeals but not by right. Stephen made a motion that noncommercial airstrips and helipads be board of appeals across the board. Maggie, Stephen, Barry and Bridget approved and Larry did not. Larry wanted to go on record to state that his opinions of airstrips were not for his own purpose.
  • Public Hearing Date: The date will be Monday April 2nd at 7:00 PM. Maggie will advertise it in the Record accordingly.
  • Reports from board members: Larry stated that they are going to have to get permission from associations to get access to poles etc. for the Wired West movement.  Larry wondered how they became associations and how do you find out which homes are associations.  Larry wondered if they are a legal association are they bound to file a legal application. Barry said yes- they need to file an association application binding them to being an association. Larry wondered who he should contact. Barry suggested calling the pole owners. Barry thought National Grid might know.
  • Opened Mail: The board received the new bylaw on Remote meetings and also the Common Ground News Letter.
  • Adjourned: 8:45 PM
Submitted by Maggie Leonard