Monterey Select Board
Minutes of the meeting of 9/8/08
Meeting Opened at: 4:29pm (the meeting began late due to a hearing with the KSA-MASS owners/representatives and the Board of Health regarding some recent Board of Health violations)
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, Building Commissioner, Donald Torrico, Marc White, owner of KSA-MASS and David Lazan, Attorney for Marc White, Robert Harrison, architect for KSA-MASS, Raymond Tryon, Fire Chief, Matt Puntin of SK Design, Don Bernard (former owner of Seven Stones), Wayne Dolby (camp abutter), Marty Chernoff, Kathleen Wasiuk, Laurily Epstein, Liz Goodman, Monica Webb, Tim Lovett, Tim Gellar (runs the South Berkshire CDC)
4:29 – 4:56: The Board met with the Building Commissioner, Donald Torrico, Marc White, owner of KSA-MASS and David Lazan, Attorney for Marc White to discuss a recent letter received questioning if the premise could be used for uses beyond a summer camp Donald Torrico received a letter regarding land use and if the camp could use their premises for weddings and special events. According to our bylaws these uses would not be allowed under the special permit they received; they can appeal to the Zoning Board of Appeals although it’s not a use that is defined in our bylaws. Marc stated that when he brought the property he was under the impression that the former owner had been using the premise for functions beyond a summer camp use. Marc White asked if the caretaker would be allowed to
stay in one of the cabins year round; Donald Torrico stated that he would be allowed to stay in the single family dwelling year round. It was agreed that the best fit under our bylaws would be to file for a restaurant special permit. It was suggested that Marc speak with the Zoning Board of Appeals first and then meet with the Planning Board to work on amending the bylaws to fit the movement forward. Donald Torrico suggested that it might be best to meet with the Planning Board first as that is where the policy writing/creating starts. Robert Harrison asked if a restaurant use special permit would be allowed in the district that the camp is located and Wayne Burkhart stated yes if approved by the Zoning Board of Appeals. Jonathan stated that the restaurant code requirements for building may be different from the requirements necessary for running a camp. Donald Torrico stated that he is educated to respond that if it is not specific in the Town’s bylaws then it is not
allowed. The building code requirements and the Building Commissioner’s discretion with the requirements were discussed. Donald Torrico briefly stated some of the requirements for restaurant uses and its dependencies on how many occupants there would be. Wayne Dolby an abutter asked how is it that things changed from when Don Bernard had owned it and ran functions there. The Board stated that they couldn’t answer that at this time as they weren’t aware of the permits issued. Donald Bernard stated that he received a 6 month operating permit and listed the uses; he had a full liquor license. Donald Bernard stated that he was issued a special permit as a conference center. The Board stated that they are very happy that the camp is here and would work to facilitate communications between the camp and the town to arrive at a solution that is best for both. Wayne Dolby submitted a letter from surrounding neighbors in
support of the property.
4:57 – The newly formed Affordable Housing Team (formed independently of the Town and an unofficial group) came in to discuss the following with the Board. The team was formed because of a conversation Liz Goodman had had several months ago with the Select Board on their top 5 problems they see. Kathleen Wasiuk (Kyp) stated that there are other folks interested in being on the team that couldn’t make it tonight. The team is requesting to be officially appointed as a committee to go forward with exploring the viability of creating affordable house in Monterey. Kyp reviewed some of the hot points of the 40B laws as well as the fact that working families can not afford to buy or build in Monterey unless they are fortunate enough to inherit land or an existing home from a family member. There is a trickle down effect to making housing affordable; younger volunteers for the Fire Department, more children in the schools, etc. The team has been working with Construct, Inc. The Team
currently has members from most of the Town Boards and is still looking for more. Kyp stated that the team feels that attempts have failed in the past because of a lack of leadership. They are not requesting any money from the Town right now and they don’t foresee any tax derived money being needed at all. Kyp is going to forward a list of the current members and their mailing addresses for the Board to officially make the appointments and get the members sworn in. Tim Gellar went over some of the options that a Town has available to them to create affordable housing without following the sometimes controversial 40B. Cluster zoning, 40R, land trust model and “scattered sites” were discussed.
Miscellaneous Select Board Items Reviewed:
1. The minutes from 8.18 & 8.25.08 were approved as written.
2. The Board discussed Pat Mielke’s response to their request about following up on the insurance coverage for Edith Wilson’s paintings. Pat suggested that the Board contact the Edith Wilson House Committee to find the inventory list.
3. The Board requested that M. Noe contact Foresight to find out how the Town Beach survey is coming along.
4. The Board appointed Wayne Burkhart as the alternate delegate to the Berkshire Regional Planning Commission for one year. The form requested by the BRPC will be faxed to them in the morning.
A motion was made and unanimously approved to adjourn the meeting at: 6:08pm
Submitted by:
Melissa Noe, Inter-Departmental Secretary
Approved by:
Monterey Select Board
Select Board Members
Minutes Book
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