Monterey Select Board
Minutes of the meeting of 6/22/09
Meeting Opened at: 4:00pm
Select Board Members Present: Scott Jenssen, Chairperson, Jon Sylbert and Wayne Burkhart
Also in attendance for parts of the meeting: Sue Protheroe for the Monterey News, Valerie Zantay (Parks Committee and resident), Joel Baker (WMH), Cynthia Weber (WMH), and Monterey residents: Robin Williams, Frank Ashen, Toby Frank, Joel Bernstein, Natalie Manzino, Judy Boehr, Karen Gralla, Agnes & Bob Bourque and John Sarno
Miscellaneous Select Board Items Reviewed:
1. The Board discussed a letter received from an attorney representing a resident on Beartown Mtn Rd that feels there is a safety issue. The letter is being forwarded to Town Counsel to respond.
2. Scott noted that he stopped at the town beach to talk with the lifeguards to see if they had any concerns to be addressed by the Town. Their biggest concern was that the pay phone wasn’t working. The Parks Department and Police Department are both aware of the problem and both have contacted Verizon.
3. Warrants were signed.
4. The minutes from 6.15.09 were approved as written.
5. Valerie Zantay of the Parks Committee came in to discuss the following:
a. They have received permission from the Fire Chief to have a movie night following the annual steak roast. She was inquiring as to whether or not any permits would be required. The Board suggested she may want to talk to the Board of Health if permits are necessary to serve food during the movie night. The Parks Committee may choose to do the food through the Monterey General Store since he is already permitted through the Board of Health.
b. The Committee wanted to clarify the rules for the boat ramp. Because the rope has been moved over they are nervous about telling people that they can not launch boats during swimming hours. The Board suggested that she speak with Chief Backhaus since he is the Harbormaster. The Parks Committee is going to enforce that boats can not be launched within 100 feet of the beach. The Board suggested that they inform the lifeguards that if there are any problems the lifeguards should contact the police immediately.
6. Cynthia Weber and Joe Baker were present to discuss the special permit that will be necessary for the Edith Wilson House to change the use. The presenter of the special permit application should be the Town of Monterey: the WMH Committee is willing to act as the agent. Scott Jenssen signed the special permit application on behalf of the town as the applicant and Melissa Noe notarized it. The Board suggested having town counsel present at the special permit hearing.
7. Robin Williams, a resident on Rt. 57 came in to express her concerns about the following:
a. She feels that the Police pull anyone over with an out of state license plate no matter how fast or slow they are going. She feels that the attention borders on harassment. She stated that the final straw for her was on New Year’s Eve during inclement weather; she states she was doing 5-10mph under the speed limit and was pulled over for going to slow. She didn’t have an officer’s name to give the Board.
b. Her other compliant was regarding the transfer station stickers and having to pay $20 per month for temporary stickers (stickers for cars without license permits). She felt that with the amount they pay in taxes is enough and the fees for the dump were outrageous. Scott explained that the fees for the transfer station have gone up to justify the rising costs for disposing of the trash collected. The Board agreed that next year when they revisit the fees they will certainly take her concerns into account. The Board also let Ms. Williams know that Monterey is in line if not less expensive than the surrounding towns. Jon explained that the taxes subsidize most of the dump costs but the relatively low fee enables the Town to allow large items like refrigerators and such
to be dropped off for free which you used to be charged for.
8. Residents of the West Rd. and the surrounding roads came in to discuss their concerns regarding a proposed 40B development at the top of West Rd as well as activities being performed by the developer that owns the property. Scott Jenssen noted that he has disclosed for ethics reasons to the Town Clerk that he has an employee that lives on West Rd. He summarized for everyone present that about 6mos. ago Shaun Tucker (owner of the property) came in to give a preliminary proposal/presentation to the Board. None of the Town Board has given an approval or go ahead for the 40B project and to the Board’s knowledge nothing official has been submitted to the Town by Mr. Tucker. The residents present noted the following concerns:
a. They wanted to know the 40B process and what committees would be involved in it. Scott read the 40B Guidelines from the BRPC (which outlines the process the developer must go through) which he suggested everyone should go online and print a copy of and read.
b. It was asked if the Town would conduct any studies like environmental impact, traffic, etc. The Select Board noted that the ZBA and/or other town Boards could require that the applicant have these studies performed at their expense as a condition of the hearing process.
c. The residents were concerned about the developer widening the road which would infringe on their properties. The residents were unclear as to how much of an easement or right of way Mr. Tucker has onto their individual properties and what exactly he can do with it. The Board suggested that everyone examine their deeds and seek legal counsel if necessary in determining their rights.
d. The residents questioned the size of Mr. Tucker’s proposed project. The Board provided the informal information they were given and reminded the residents that nothing official has been submitted to the Town.
e. The appeals process was questioned by the residents and was reviewed under M.G.L. Chapter 40A Section 17.
f. The residents are concerned about the impact on their wells and septic systems. The Board confirmed that the Board of Health would be involved in the process and would not allow anything that would harm the publics safety.
g. The residents state that trees have been removed in the wetlands buffer zone. Scott informed the crowd that members of the Conservation Commission did make a site visit to the property prior to Mr. Tucker purchasing the property and they are aware of the status of the property then. One of the residents stated that the changes that Mr. Tucker has made to the road have caused water/runoff damage to his property. The Board stated that it is their understanding that when Mr. Tucker purchased the property from the Hebert’s he also purchased all of the private roads in the development.
h. The residents asked who was responsible if the private road washed out into the public roadways. The Board felt that the owner of the private road would be but would need to check with Town Counsel on the matter should it ever happen. The Town has a right to protect the public way. The residents then asked that if there is an existing road association there would they then be responsible? The Board stated that they could not comment on this as it’s a private road in a private development and does not fall under the town’s jurisdiction. Scott noted that Assessor’s have confirmed that they show that Mr. Tucker owns the roads in the development and that he has been paying taxes on it for the last 2 years. The residents want to know what Mr.
Tucker’s responsibilities are as the owner of the roads and what are everyone’s responsibilities to keep their roads in shape and passable; are the residents required to pay Mr. Tucker as the owner of the road for maintenance? The Board stated that they have no way of knowing his responsibilities and it doesn’t fall under their jurisdiction since it is a private development.
i. The residents questioned whether or not the private roads in the development could be made public. The Board confirmed that they couldn’t unless it was voted at a Town Meeting to be accepted as a Town road(s).
j. The Board explained the reasons behind affordable housing being built (40B is a state regulated law). It was asked why there isn’t any affordable housing in Monterey; the Board explained that there currently isn’t any state certified affordable housing in Monterey. The Board also explained that Mr. Tucker will need to identify who the housing authority will be for the affordable houses proposed.
k. The residents were also concerned with Mr. Tucker’s lake access rights and how many lots he owned that he would be able to grant lake rights with.
l. The residents questioned how many houses Mr. Tucker would be able to build not under a 40B proposal. The number of lots Mr. Tucker owns would need to be confirmed with the Assessor’s office and the zoning requirements would need to be discussed with the Building Commissioner.
m. The residents thanked the Board for their time and noted that they aren’t trying to prevent Mr. Tucker from building they are just concerned about the safety of the proposal and everyone’s rights.
n. The residents asked if there were restrictions on the amount of trees and gravel Mr. Tucker is allowed to remove and how the Town monitors and enforces their own bylaws. The Board reviewed the Town’s Earth Removal bylaw with the residents and stated that enforcement usually occurs after a violation has been reported.
A motion was made and unanimously approved to adjourn the meeting at: 6:15pm
Submitted by:
Melissa Noe, Inter-Departmental Secretary
Approved by:
Monterey Select Board
Select Board Members
Minutes Book
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