Planning Board meeting Friday August 9, 2013
The meeting was held on Friday August 9, at 10:30 a.m., in order to have a conference call with Richard Zingarelli, a flood hazard specialist from MA DCR. The meeting was posted with the Town Clerk on Tuesday August 6, 2013.
Members present: Alan Salamon, Larry Klein, Barry Karson, Maggie Leonard co-chair.
Members absent: Bridget Krans, Roger Tryon, Stephen Enoch.
The meeting was opened at 10:37 a.m.
Salamon reviewed the feedback and list of suggestions from the ZBA or Bob Lazzarini (we are not sure which). The ZBA is holding an administrative meeting on August 16 at 1 p.m. and Salamon requested that we advise the ZBA that we have not yet discussed their comments.
Leonard showed the photos submitted by Eugene Bounous of his retention ponds. Leonard advised Bounous that the Planning Board did not have any input regarding his need to apply for an amended Special Permit or a new Special Permit. Bounous seeks to move (or already has moved) the retention pond as designed and agreed-upon on his Special Permit. In moving the retention pond Bounous has been cited for violating his setback requirements by having a structure in the setback area. Bounous disagrees that the structure in the catch basin is a structure.
We discussed the solar bylaw and making Large-scale Ground-mounted Solar Photovoltaic Systems (LGSP) require a special permit as per the advice of Mark Bobrowski, a land use lawyer and our consultant for the zoning bylaw revision. Leonard will highlight the parts of both the draft solar bylaw and the existing zoning bylaws to see what changes need to be made.
Conference call with Richard Zingarelli, MA DCR re: National Floodplain Insurance Program. Zingarelli informed the board that on June 8, 1981, the town of Monterey wrote a letter to FEMA and agreed to participate in the program. The town has a series of Flood Insurance Rate Maps (FIRM) that delineate the various flood hazard zones. According to Zingarelli the town is not required to have a zoning bylaw to participate in the NFIP. In Monterey the Board of Health and the Select board handle the NFIP.
Regarding the regulations of the NFIP, Zingarelli stated that most things are covered in Title V, the Building Code, the Wetlands Protection Act, and Board of Health regulations. Zingarelli reiterated that Monterey doesn’t need to have a zoning bylaw although many surrounding towns have one. Zingarelli supposed that Monterey opted to use the Board of Health method because it’s simpler to update the regulations. It takes a vote at Town Meeting (plus public hearings, etc.) for the Planning Board to change a zoning bylaw.
Klein asked if the FEMA regulations supersede local zoning bylaws. Zingarelli stated that if FEMA regulations are in conflict with local zoning bylaws then the client must seek a variance and work it out with the ZBA, and that no FEMA regs automatically overrule local zoning. Zingarelli added that federal regulations kick in if there is new construction in the floodplain or if the damage is over 50%, stipulating that all construction must meet local zoning and state building code requirements and that situations are always handled on a case-by-case basis.
Zingarelli re-stating that Monterey already participates in the NFIP and the Planning Board does not need to draft a floodplain bylaw concluded the conference call. Klein suggested that the board write a letter to the Select Board informing them of our discussion with Zingarelli and that we do not need to have a floodplain zoning bylaw. Karson made a motion to that effect, which Salamon seconded. Leonard stated that she would prefer to take a vote when the board was convened at a regular meeting in order to get feedback from more members. Karson agreed and made a motion to table the discussion until the full board meeting.
Salamon said that he would like to discuss changing the zoning bylaws re: expansion of a structure on a non-conforming lot where a setback is encroached upon, but the proposed structure does not violate setback requirements. Salamon also asked about the process by which the ZBA may request to amend zoning bylaws.
Klein made a motion to adjourn, Salamon seconded, and the meeting was adjourned at 11:37 a.m.
Respectfully Submitted,
Maggie Leonard, co-chair
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