Planning Board minutes for Thursday January 8, 2015
The Planning Board public hearing opened at 7:09 p.m.
Planning Board members present: Larry Klein, Stephen Enoch, co-chair, Maggie Leonard, co-chair.
Public present: Bob Lazzarini, Muriel Lazzarini, Jon Levin, and Chris Tryon.
Leonard opened the hearing and read the legal notice that was published in the Berkshire Record on December 19th and 25th 2014. The purpose of the hearing was to publicize and discuss zoning bylaw changes proposed by the Zoning Board of Appeals. The proposed changes are mainly “housekeeping issues” to correct mistakes in the Zoning Bylaws that were made in 2012 when the Planning Board and the ZBA collaborated on a wholesale revision of the zoning bylaws. The intention of the revision was to make the bylaws clearer and make them more user friendly.
The group reviewed the list of proposed changes and Planning Board members took the opportunity to question some items. The ZBA requested that in section 3.1.3.B. Child Care Center, a citation for the MGL Ch.40A. Section 9C be added. Planning Board members noted that most items in the zoning bylaws are backed-up by state statute and why cite it here? Levin and Lazzarini agreed but said since a child care center is allowed in every district with no oversight from the town, they want to make sure that people understand that there are, in fact, state laws governing child care centers. All agreed that for something as important as child welfare it’s o.k. to be on the side of over-doing.
The ZBA proposed deleting “Incidental craft sales” from the table of use regulations, section 3.1.3.J concerning B&B’s. They noted that B&B’s are listed separately and also require a special permit. Leonard said that she saw no harm in allowing incidental craft sales and suggested deleting the part about B&B’s, since they are regulated elsewhere in the bylaws, and keeping the craft sales in that section.
The ZBA proposed to regulate the renting of rooms, section 3.1.3.J. which they believe is currently too “open ended” and proposed to limit to “no more than 2 rooms.” Planning Board members asked, “Why? Is there a problem?” ZBA members thought that since most of the town is residential it could be disrupt citizens “quiet enjoyment” of their property.
The ZBA requested that a paragraph that was in the Zoning Bylaws prior to the revision, but was left out, be added back: “Lots in the lakeshore district existing prior to May 3, 1986 (and not having changed since) shall have setback requirements of 15 feet front, side, and rear.” Planning Board members agreed that this was important.
The ZBA proposed adding to the definition of Setback by adding “With respect to the restriction of structures in lot setback areas, driveways, walkways, stairs, freestanding masonry wall or fences and walls used to retain soil topography shall not be deemed as structures.” Levin and Lazzarini reported that many of the special permit applications have issues in this regard and that it would clarify and simplify the special permit process. Planning Board members agreed.
All present agreed that the proposed changes should be sent to the Building Commissioner for comment.
Lazzarini asked that all the proposed items be listed separately on the warrant so that if any one item is controversial or does not get approved it doesn’t sink the entire proposal. All agreed that this was a smart thing to do.
Chris Tryon stated that he would like to see some changes in the Zoning Bylaws with regard to the new Site Plan Review bylaw. He did not specify particular change but he noted that if a commercial entity wants to do anything to their property or buildings they could face a 90-day wait, which he feels is excessive. Planning Board members said he should write down his suggestions and submit them to the Select Board for review. Then the Select Board submits them to the Planning Board for a public hearing.
The public hearing was closed at 8:00 p.m.
The Planning Board was scheduled to have their regular meeting following the public hearing but there was no quorum. Chris Tryon from Berkshire GeoTechnologies submitted additional documents for Hume Lake Camp.
The meeting was adjourned at 8:07 p.m.
Respectfully Submitted,
Maggie Leonard, co-chair
Monterey Planning Board
| 
