ZBA Hearing Minutes
Date: August 10, 2005
Hearing: Leavitt
Hearing opened at 4pm with Dean Amidon and Stefan Grotz present, a quorum was not present and it was proposed to continue the meeting until 6pm on 8/10/05 with the approval of Stefan Grotz, the Leavitt’s attorney. Closed at 4:03.
Members Present at 6pm continuance: Robert Gauthier, Fred Chapman, Cynthia Weber, Dean Amidon, and Robert Lazzarini
Also present: Stefan Grotz, the Leavitt’s Attorney, Pam Sandler, the Leavitt’s architect, Elinor Leavitt, and Christopher Blair, representing the Monterey Conservation Committee
The meeting began by the ZBA Clerk reading the official notice and three letters from the boards (Board of Health, Conservation Committee and the Planning Board).
This hearing is a continuation of a Public Hearing from June 1st for an application for Special Permit under Section IV.2.b for Elinor S. Leavitt at 64 Worth Lane, Monterey, MA.
Stefan Grotz asked if the board wanted him to review what was discussed at the June 1st hearing and then turned over the discussion to Pam Sandler to discuss the Board of Health’s concern with the number of bedrooms and that resolution. She reviewed her discussions had with the Board of Health.
The meeting was recessed for five minutes while the Board of Health was contacted to clarify their letter sent to the ZBA. John Makuc of the Monterey Board of Health confirmed via phone that it was approved but that there was still a pending issue of a variance that is to be pursued regarding the septic field/size. The Leavitt’s are pursuing a variance not through the Board of Health but through the DEP, which is in process.
New plans were submitted with changes and reviewed with the board by Pam Sandler.
Christopher Blair was then addressed regarding the letter from the Conservation Committee. Chris explained that there had been some administrative issues with the scheduling of hearings for all committees involved. Chris stated that the Conservation Commission is satisfied with their conditions being met with the exception of construction protection. An Order of Conditions will be issued once there is a confirmed Board of Health approval.
Regarding non-conforming issues, Stefan Grotz discussed the history of the property with regards to Monterey’s bylaws. The structure as located and as proposed meets all applicable setbacks (there are no encroachments). With respect to height it is well under the 35ft constraint and the only non-conforming thing is the lot itself, which is .52 acres, which they are not doing anything to. All the activity proposed is conforming.
At this time, there was nothing further to present and the evidentiary portion of the hearing was closed. The board then went into deliberations.
Fred Chapman expressed that he is troubled about the fact they have a retaining wall and that last month the Board unanimously decided it is a structure and to not be contradictory they need to be consistent or creative which means that the early part of this project, the septic system has put structure in setback. Bob Lazzarini commented that by the Board of Health approving they granted a variance. Discussions ensued between the board members and Fred expressed concerns that the Board of Health does not involve the ZBA directly except through letters.
By a 4 to 1 vote, the Special Permit was granted, based on the following findings and conditions:
Approve: Dean Amidon, Robert Gauthier, Cynthia Weber, Robert Lazzarini
Deny: Fred Chapman
Conditions set forth by the board:
1. Approval of a pending variance request sent to the DEP by the Board of Health regarding existing or changing conditions in the existing septic system.
2. A request by the ZBA to use care in fertilizers and soaps because the lot is adjacent to Lake Garfield.
Findings:
1. The ZBA finds that the property is non-conforming due to sub minimal lot size and lake frontage.
2. The ZBA granted the special permit for the addition under Section IV E 2b.
The Hearing was concluded at 7:30pm
Submitted by
Melissa Noe, ZBA Clerk
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