Planning Board meeting minutes for Thursday July 11, 2013
The meeting opened at 7:08 p.m.
Members present: Larry Klein, Alan Salamon, Barry Karson, Roger Tryon, Maggie Leonard, co-chair
Members absent: Bridget Krans, Stephen Enoch
Public present: Dan Moriarty joined the meeting at 7:26 p.m.
The board read the minutes from 6-13-13 and 6-27-13. The minutes from 6-13-13 were amended to change “hay balers” to “hay loaders” and then approved. The minutes from 6-27-13 were approved as written.
At 7:26 p.m. the board welcomed Dan Moriarty to discuss the floodplain bylaw. Moriarty stated that the flooding situation on Lake Buel has been a repetitive problem since hurricane Katrina in 2005 and additional 100-year storms in 2007 and 2010, and that it is exacerbated by conditions downstream in New Marlborough which that town will not fix. Moriarty said that most of the lake front lots in question are small non-conforming lots that are already constrained by the special permit process, and that dealing with both town regulations and FEMA regulations is a time-consuming and onerous process with no satisfactory result. As an example, Moriarty gave the height restrictions on houses to demonstrate that the regulations are at odds with each other; FEMA requires that houses be raised above the floodplain level, and Monterey has a
35’ height restriction on houses. Moriarty said that Hebert’s Cove, the location of his home, is a Class A Floodplain and people want to raise their homes but cannot afford the time and money and beaurocratic headaches involved in doing so.
Salamon asked Moriarty, “What kind of relief are you looking for?” Moriarty indicated that in order to get assistance from FEMA he needs a letter from the town stating that, based on his site and the state of his home, the structure must be raised up. Moriarty has obtained a special permit to raise his house and it does not violate the 35’ height restriction. Klein stated that people should be allowed to raise their houses above 35’ if they are in a floodplain area, and not have to go through the special permit process. Tryon objected saying that it would be taking away significant rights from the abutters in terms of house value, lake views, etc.
Moriarty said that in terms of property values, the value of his home prior to 2005 was estimated at $750,000 and now in 2013 it is valued at $250,000 due to the flood damage. Salamon asked if any of the buyers had bought recently and introduced the concept of “Bought with knowledge of the problem.” Salamon asked if Lake Buel flooding was a new issue and if the natural conditions had changed? Both Salamon and Karson pointed out that people take a risk living in the lakeshore district.
Klein said that it’s possible that in order to qualify for insurance local zoning may have to be violated. Moriarty said that no blanket changes are needed and that it should be site specific and specifically get the house out of harms way—in order for the home to survive. Karson clarified, “You would like to see a bylaw stating certain situations for exception to the height restriction?” and then asked, “Does FEMA trump local zoning?” Moriarty said that everything should be done on a case-by-case basis; individuals must prove flooding and must prove that the measure is a remediation from the flood. Moriarty stated that the people around Lake Buel need help. They need to raise their houses and they need it to be simpler to comply with town zoning regulations while at the same time complying with FEMA
regulations.
Salamon submitted a list of questions regarding the NFIP bylaw that he will review with Richard Zingarelli from MA DCR Flood Hazardous Management Program. Salamon asked that other board members create a list to add to his.
The board briefly reviewed the Special Town meeting being held Friday July 12th. The Planning Board has Article 10. on the warrant, the main purpose of which is to codify that the WTOD is the entire town of Montery. This was previously approved by the town at the 2011 Annual Town meeting, but the WTOD was never added to the Zoning Bylaws. When the Planning Board used a consultant for a zoning bylaw overhaul and reorganization, that person did not have access to the WTOD and thus it was left out of the Zoning Bylaw revision approved by the town at the 2012 Annual Town meeting. Leonard stated that she would attend the meeting to make a report to the town and ensure that everything proceeds smoothly with the article.
Leonard distributed copies of feedback on the zoning bylaw revision that she received from Town Secretary Melissa Noe. Leonard was not sure if it was from the entire ZBA or one person. It was late and the board will review the info at the next meeting on July 25.
Reports from board members. Leonard reported that she emailed Mark Bobrowski regarding the placement of a new solar power bylaw in the Zoning Bylaws. Bobrowski’s email replied that the regulation should be put in section 8 and also had an invitation to call him to discuss solar bylaws. Leonard called and Bobrowski stated that, unlike his initial advice, he would now strongly advise that towns make all solar installations other than individual residential installations a special permit process. Bobrowski described two situations he was working on; one in which a 10-acre installation being proposed that would abut 20 houses, all of which would lose a good deal of value as the green field that they once viewed was turned into a solar array of photovoltaic panels, and a second situation where a 5-acre installation was buried in the
woods and could only be viewed via helicopter. Bobrowski said although they could be considered similar projects there is a big difference between the two and that homeowners need to be able to protect their property values. He cited the difference between “green energy and greed energy,” and said that for a solar bylaw to work abutting property owners need to be able to have a forum.
The board opened the mail. A notice from Otis was received regarding hearing for a moratorium on medical marijuana clinics in the town.
The meeting was adjourned at 9:05 p.m.
Respectfully submitted,
Maggie Leonard, co-chair
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