Monterey Select Board
Minutes of the meeting of 3/26/07
Meeting Opened at: 8:30am
Select Board Members Present: Michael Storch, Chairperson, Wayne Burkhart and Jonathan Sylbert
Also in attendance for the meeting: Maggie Leonard for the Monterey News
The board met with the Director of Highways, Maynard Forbes and reviewed the following items:
1. NOI/Permit to Pollute application from 2003 was reviewed. The town has until 2008 to decide how they plan to proceed.
2. Mud season has begun: M. Forbes explained (at the request of M. Storch) that the processed gravel used on the roads is a mixture of different materials and sizes and is purchased from Tryon Construction. There are 2 culverts plugged up on Art School Rd and according to the Town Driveway Regulations, it is the responsibility of the owner to repair this and keep these open. W. Burkhart asked if the Driveway Regulations actually address all of the situations in town and if historically it’s been the owner’s responsibility to repair culverts under private driveways that were installed by the owner when their driveway was installed. M.
Forbes explained that if the town installed the culvert then repair/maintenance would be the town’s responsibility.
3. A logger on Bidwell Rd was asked to stop work until the road can be repaired; the weight of the truck was causing more damage to the road.
4. Strong methane smell at the town hall was reported by the Building Commissioner last week. M. Forbes believes it’s the drains; when they were filled with water the smell went away.
5. The unstable sink downstairs needs a vanity or something similar to stabilize it; currently the only thing holding it up is the plumbing. M. Leonard offered to donate an old oak vanity she has at home.
6. The highway crew is working on figuring out how a bird is getting into the interior lighting fixtures of the town hall and wreaking havoc.
7. Salt Shed: M. Storch has been in contact with someone in Mr. Downing’s office and was told that there will be a bond coming out in July however that is beyond the time we can ask for money. M. Storch recommends putting the debt exclusion on this year’s town meeting warrant.
The board met with Police Chief, Gareth Backhaus to review the following items:
1. Small tree across Mt Hunger Rd.
2. Assisted in a medical call on Tyringham Rd.
3. Pole fire reported on Main Rd – fire and police department couldn’t find it, once a pole number was received; the departments responded and could see no visible damage.
4. Disabled MV on Main Rd – a U-Haul truck was stuck.
5. Suspicious vehicle reported on Steven’s Lake Way.
6. Abandoned 911 call.
7. The board spoke with G. Backhaus about the citizen petition received. G. Backhaus sent a copy of the petition to the Massachusetts Chief’s Attorney to review and advise. The board also sent a copy of the petition to Town Counsel to review.
The board met with Town Accountant, Barbara Gauthier to review the following items:
1. Reviewed draft copies of the Town Meeting and Special Meeting warrants.
2. Warrants were signed.
3. B. Gauthier asked how the Select Board would like to handle the future services that may be needed from Berkshire Mediation Services. The board recommended putting an additional $1000 in the select board budget to handle potential additional services.
11am Property on Art School Rd Inn discussion
In Attendance: D. Torrico, Building Commissioner, P. Kolodziej, Monterey Health Agent, Laura Catullo and Sandra Chianfoni, owners of 34 Art School Rd
1. M. Storch informed Ms. Chianfoni and Ms. Catullo that anything that occurs during a Select Board public meeting is public record and will appear in the Monterey Select Board minutes as well as its reported on independently by the Monterey News.
2. The board acknowledged the owners request for this meeting and introduced all members in attendance.
3. Ms. Chianfoni and Ms. Catullo expressed their concerns over the discrepancies they felt were reported in the news and the minutes. They claim it was reported that they were operating an Inn when the owners state they were not. The board stated that there were ads announcing an operational Art School Rd Inn as well as signs posted in front of the residence announcing the same. The owners state that the signs that were up were temporary signs that they were experimenting with. The board was made aware that the plans for the proposed Inn were not received at the Town Hall until after a complaint was made at a Public Meeting and after a sign was
hung on the property. It was also noted by the board that the owners did not seek a permit for any of the signs that were posted outside of their residence.
4. D. Torrico stated that since December of 2006 he has limited the amount of information given to the board about potentially negative situations regarding building in Monterey and he can not control what is printed in the Monterey News. The board stated that if the owners have an issue with something that was printed in the Monterey News that they feel is incorrect they would need to speak with the editor of the Monterey News as it’s not affiliated with the Town.
5. M. Storch explained that in this particular instance, the complaint of an Inn operating on Art School Rd was brought to the board and the board asked the Building Commissioner and Health Agent to follow up on this (as permits are necessary for both an Inn and for signs on your property). P. Kolodziej stated that he called the owners and asked to set up a visit to look at the number of bedrooms available to see that they didn’t exceed the amount allowed. D. Torrico was asked by P. Kolodziej to join him and when they arrived they were denied access by Ms. Catullo. Ms. Chianfoni stated that she never had a conversation with P. Kolodziej
and never confirmed an appointment.
6. D. Torrico stated that he is currently in the process of writing a violation to the homeowner of record for everything performed on the property without permits and that is in violation of State Building Code and this letter will offer the owners a chance to fix them. He stated that the owner of record has repeatedly hired contractors and have not followed up on whether or not they have filed for a permit for the work being performed. The board and the Building Commissioner made it clear that no work is to ever begin without a permit in hand and visibly posted on the property.
7. D. Torrico stated that if he was called by a homeowner and they complained that there was a contractor performing illegal work then it is within the Building Commissioner’s purvue to make a site visit and post a stop work order if necessary. With regards to this particular residence, D. Torrico has never been contacted until after the homeowner has fired the contractor and work was performed without a permit. D. Torrico and the board both stated that State Building Codes supercede town bylaws.
8. The board recommended that going forward any communications between the owners of 34 Art School Rd and any town official be in writing to avoid any future he said/she said situations.
9. The board expressed that they hope that after this meeting that the owners understand that the town is here in all its capacities to assist the homeowner with all of their questions and building needs. The board stated that since D. Torrico began working with the town it has become obvious through letters of commendation and contractor comments that things are running smoothly and that D. Torrico’s knowledge and help are a great asset to the town.
10. It was acknowledged that item #5 of the January 8, 2007 Select Board minutes (Inn on Art School Rd – An enforcement letter is going to be sent to the owner on record.) should be clarified to read that the enforcement letter that was to be written was with regards to building violations he saw on the property when he attempted to perform a site visit with the Board of Health and did not have anything to do with the operation of an Inn.
11. It was clarified that the permit process for operating an Inn falls under the jurisdiction of the Board of Health not the Building Department.
12. P. Kolodziej asked to set up a site visit with the owners and the Building Commissioner to review what items would need to be present to satisfy health and safety concerns to operate an Inn.
Miscellaneous Select Board Items Reviewed:
1. R. Gauthier of the Board of Assessors came in with samples of the form letters they will be sending out regarding land in Monterey that the owner would like to change the use from 61B status. The Select Board needs to decide if they want to execute any of the options available to them. The Board of Assessors are obligated to notify the owner of the rollback taxes owed.
2. The minutes from 3.19.07 were approved as amended.
3. The Select Board will hold a public hearing for the above-mentioned land (item 1 under misc) to see if the town is interested in exercising their right of first refusal on Thursday, April 19th at 7pm. M. Noe will submit the public notice to the paper today.
4. J. Sylbert attended the School Meeting on Thursday with copies of our punch list. The school committee agreed to handle all of the items on the list, some are scheduled to begin over spring break and the remaining items will be handled over the summer.
5. The board reviewed the mutual aid town warrant article from the Board of Health.
6. A letter was sent to the Parks Commission asking them to include the area around the town hall when the mowing contract next comes up for bid.
7. A letter was sent to Town Counsel requesting the proper wording regarding adopting a bylaw for taking and approving town meeting minutes.
The meeting adjourned at: 12:06pm
Submitted by:
Melissa Noe
Inter-Departmental Secretary
Town of Monterey
cc: Website
Select Board Members
Minutes Book
| 
