Monterey Select Board
Minutes of the meeting of 7/7/08
Meeting Opened at: 4:00pm
Select Board Members Present: Wayne Burkhart, Chairperson, Scott Jenssen and Jon Sylbert
Also in attendance for parts of the meeting: Sue Protheroe for the Monterey News, Jeremia Pollard (Town Counsel), Michael Storch (Finance Committee), Robert Krupski (Plumbing & Gas Inspector) and Raymond Tryon
The board met with Building Inspector, Donald Torrico and reviewed the following items:
1. Update on KSA camp; they opened on Sunday but still do not have all of the permits necessary. D. Torrico and the Health Agent Peter Kolodziej have made several visits and inspections over the last week. The Board of Health is unable to issue their permit until a Certificate of Occupancy and a Certificate of Inspection have been given by the Building Department. D. Torrico and R. Krupski reviewed the scenario that occurred while the camp attempted to get a Plumbing/Gas sign-off. R. Krupski made 2 site visits on Thursday and the camp wasn’t ready for him (R. Krupski informed them of 3 violations and that he wouldn’t be
available again until Monday). The camp took it upon themselves to contact Gennari Plumbing (assuming they were the alternate inspector) for an inspection, D. Torrico shut the kitchen down as permits were not applied for through R. Krupski until after the fact and because the camp owners contacted the wrong plumbing outfit for an inspection. D. Torrico contacted the state plumbing and gas inspector to determine how to handle the situation (written statements will be asked for from Bob Gennari and Robert Krupski). Since then R. Krupski has inspected the work done and the applicant has applied for the proper plumbing/gas permits.
2. D. Torrico mentioned that while the above mentioned problems took place last week, D. Torrico was supposed to be on vacation and had plans to be somewhere, however had to make several site inspections and time at the KSA camp (over 43 hours) and therefore had to change his vacation plans. D. Torrico asked if the camp inspection fee that is paid to the Building Department could be raised from $300 (based on an average 10 hour inspection to issue a Certificate of Inspection to camps) to a double time fee to the camp for extra time spent above and beyond. S. Jenssen recused himself from the conversation and the remaining members of the Board approved
the request. The Board voted to raise the C.I. fee from $300.00 to $350.00 for up to 10 hours involved in a camp inspection and then $35/hour during normal business hours, time and a half/hour on weekends above the 10 hours and double time on vacations or holidays. A letter will be sent to the camps.
3. Sseveral complaints were reported from 2nd homeowners that Camp Keswick is putting up tents on June Rochedieu’s property on Lake Garfield. D. Torrico will follow up on the issue as this would be considered a camp use and requires a special permit according to the Town’s bylaws. D. Torrico also mentioned that Keswick is no longer operating just as a summer camp and rather as a year round conference center which needs to be addressed as our bylaws do not allow that use. W. Burkhart agreed that we are outgrowing our bylaws.
4. D. Torrico met with the Planning Board last week and found it to be very productive.
Jeremia Pollard came in to discuss the structures such as (walls, fences, trees, etc) located in a town right of way and where responsibilities fall. This meeting was originally scheduled to take place during executive session but after some discussion it was agreed upon to discuss it during an open meeting. The Board had asked Town Counsel to provide answers to the following hypothetical questions in a letter dated June 2, 2008:
1. If there was a 100 year old stone wall (hypothetical age) located in the town right of way, who owns the stone wall (regardless of who built it)? Does the town have any liability or responsibilities to repair it if it is falling down?
a. J. Pollard stated that regardless of the age of the wall, M.G.L. states that the prescriptive rights do not apply to the walls. He asked if the Town had adopted the scenic road act yet (we have not) and suggested that it might be a good idea.
2. If someone builds a new fence in the town right of way who owns it, who is liable and if for example the town snow plows were to damage it, who would be responsible?
3. If someone plants a tree in the town right of way who owns it, who is liable and if for example the tree falls, who would be responsible for any damage it causes and cleaning it up?
4. If someone places a mailbox in the town right of way who owns it, who is liable and if for example it damages a town vehicle, who is liable?
Additional hypothetical questions were asked about how the Community Preservation Act would affect right of way situations and repairs. The Board also discussed the fact that if the town were to pay for repairs done in a right of way it could be considered increasing the homeowner’s property value and due to this there should be a policy that the town will not pay for any work/repairs in a right of way. The Town would have the option to convey the ownership of the structure in question or create an easement for the structure and have the owner indemnify the Town.
On a separate matter Town Counsel was asked to formulate what the process/steps would be if the Town were to need to take a piece of property. J. Pollard stated that an appraisal would first need to be done and then a protonto payment would be offered to the owners of the land which the owners could accept or deny. If they were to deny the offer then the process could begin for an adverse taking. This was a theoretical question and if there were a situation to discuss it would be done in Executive Session.
Town Counsel was thanked for his input on the Zoning Board of Appeals alternate to the alternate question. W. Burkhart has spoken with C. Weber, Chair of the Board of Appeals and has told her that the Select Board will wait for further action from the ZBA. If they declare a vacancy has been created due to the sabbatical taken by Susan Cooper the Select Board would then appoint an alternate member. J. Pollard stated that if the sabbatical is so extended that it has created an unoccupied position then the ZBA can declare a vacancy. If the sabbatical causes an administrative issue with scheduling a hearing then it could be deemed a vacancy. Ultimately the Board of Selectmen has to determine whether the position is unfilled or not.
Miscellaneous Select Board Items Reviewed:
1. The Board reviewed their mail which included:
a. A complaint about the lack of lifeguards at Lake Garfield on June 30th and July 1st. The complainant stated that when he was a member of the Parks Commission earlier this spring it had been agreed upon that the lifeguards were to begin full time once school was let out.
b. Message left on the Select Board voicemail from another citizen complaining about the lack of a lifeguard on July 1 with 75 kids present as well as a separate complaint regarding the lack of a sign on River Rd stating that the Road is closed, no thru traffic, at the Hatchery.
c. A letter from the DOE stating that pursuant to the provisions of 603 CMR 41.07(5), the DOE’s formal oversight of the district budget will end as of July 1, 2008.
d. A letter of appreciation to the firefighters that responded to an early morning 911 call in Monterey.
2. The Board voted to renew their membership to the MMA and the Berkshire County Select Boards Association.
3. The Commonwealth Capital Grant program application for this year was forwarded to the Planning Board to handle.
4. The Board confirmed the 2nd homeowner’s meeting to be held this Saturday, July 12th from 10:30-11:30am at the firehouse.
5. S. Jenssen gave a brief overview of the Friends of Lake Garfield meeting held last Saturday.
6. The Board reviewed a letter of interest submitted for the Inspector of Wiring position. This will be reviewed with the Building Commissioner.
A motion was made and unanimously approved to adjourn the meeting at: 6:00pm
Submitted by:
Melissa Noe, Inter-Departmental Secretary (via tape recorded meeting)
Approved by:
Monterey Select Board
Select Board Members
Minutes Book
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