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Zoning Board of Appeals Minutes - January 11, 2005
MONTEREY ZONING BOARD OF APPEALS

MINUTES
January 11, 2005


Members Present:  Peter Murkett, Chair; Dean Amidon, Bob Gauthier, Cynthia Weber, Fred Chapman, Bonnie Tedder, Admin. Asst.

The hearing for Mark and Phyllis Cash opened at 4:15 p.m.

The Board read aloud the notice for the Cash hearing, and then the letter submitted via fax signed by Mark and Phyllis Cash requesting their hearing be postponed to a date in April, 2005.  The board moved and seconded the motion to continue the hearing to April 26, 2005 at 4:00 p.m. with none opposed, and no further discussion.  The hearing adjourned at 4:40 p.m.

The Board discussed adding the following criteria to the checklist provided to applicant with the Application for Hearing:  that it would be in the best interest of applicant to obtain written reports of the following Boards’ findings with respect to their specific fields of responsibilities as stated in the Town of Monterey’s Zoning By Law, Section IX.B.2 and 3:  Planning Board, Conservation Commission, Board of Health.  Adequate language will be discussed at a later meeting.

The Board reviewed two letters, both dated December 27, 2004 from Philip F. Heller re the William J. Gould Associates Inc. variance granted on February 9, 2004 for the construction of staff housing. In these letters Heller requested an extension because Gould Farm needs additional time to finish the financial planning process for the construction, and cited Massachusetts General Laws, Chapter 40A, Section 10 which dictates the allowance of this extension.  Mr. Heller requested a meeting be scheduled to consider the extension.  The Board scheduled January 25, 2005 at 4:00 p.m. of which an advertisement will be placed in a local newspaper to that effect.

The Board reviewed a letter dated January 10, 2005 from the Building Commissioner to Mark Cash concerning a Zoning By Law Violation.  It was determined that a detached 8” x 12’ structure had been installed on the Cash property, and that, although this structure did not constitute a building code violation, it was placed within the 15’ setbacks.

The Board also discussed the Draft letter to the Monterey Planning and Select Boards dated December 15, 2004 prepared by Peter Murkett, Chair.  In particular, the Board discussed the last paragraph concerning maintaining grandfathered status when two parcels are merged in any way.  Although these mergers encourage larger lots, there was still concern among some of the members regarding large-sized structures with relation to the grandfathered setbacks.

Respectfully submitted,
Bonnie A. Tedder, Admin. Asst.