ZBA Hearing Minutes
Date: 4/24/07
Hearing: Tryon – 129 New Marlboro Rd
Hearing began at 4:00pm.
Members Present: Peter Murkett Chair, Fred Chapman, Cynthia Weber, Robert Lazzarini (Alternate), and Kathleen Wasiuk (Alternate and acting clerk)
Also Present: Richard Tryon, Roger Tryon and Stanley Ross
The hearing began with Peter Murkett, Chair, explaining the hearing process, and then Kathleen Wasiuk (acting clerk), reading the legal notice and letters from the Planning Board, Conservation Commission, and Board of Health.
Richard Tryon presented his case as owner of the building. They would like to modernize the kitchen, which is the reason for this addition of 122 square feet. It will have a roofline that will conform to the original roofline. A full basement will be placed under the addition for utility purposes, which at some point in the future will hold the new heating system. Mr. Tryon states that approximately 12 years ago the septic tank was replaced. Kathleen Wasiuk asked if there was a leach field attached to it and Mr. Tryon said there was. Roger Tryon, son of Richard added that there would be a bathroom in the addition as well. Roger also stated that 100 square feet of the existing structure is being removed.
Robert Lazzarini asked about the “assumed sideline” comment on the plans. Mr. Lazzarini scaled it and it appears to be 40ft from the house. Mr. Lazzarini asked why it was assumed and Mr. Tryon stated that it wasn’t surveyed all at one time over 8-10 years but the stonewall matches it. The North and West sides of the property have been surveyed. Mr. Lazzarini stated that it’s the east side that he’s concerned about. Mr. Lazzarini felt that this assumed sideline determines what section of the bylaws the board is to make a determination under; section B or C, because the house has more volume. Mr. Lazzarini feels that because there is more volume it actually increases the non-conforming nature, which would then fall under section C.
After hearing the presentation of the applicant, the board made the following findings:
1. The subject property is nonconforming due to sub-minimum lot size and encroachment of structure within front setback.
2. A majority of the board sitting for this hearing found that the proposed addition will increase the nonconforming nature of the structure by adding volume within setback, since the proposed kitchen addition is greater in height than the existing kitchen, and some of it lies within setback.
(Two members noted that despite this undisputed increase of volume within setback, proposed and existing habitable square footage and footprint of the portion of the structure within setback are identical; they maintained that changes in these two aspects of the structure are, in this case, appropriate criteria for judging whether the nonconforming nature of the structure has been increased, and by those criteria it has not, thus the special permit, in the view of this minority, may be granted under the terms of Section IV.E.2.b.)
3. Although the proposed addition increases the nonconforming nature of the structure, the resulting dwelling will not be a detriment to its agricultural / residential neighborhood, nor will it add any specified pollutants, odor, glare, etc., provided the Board of Health is satisfied that the wastewater disposal system is adequate, and the location of the water supply meets their standards. The increase of habitable square footage is less than 25%, will have no adverse impact on the neighborhood, and meets all other applicable provisions of the Bylaw.
The board voted unanimously to grant the special permit application under the terms of paragraph C of the Monterey Bylaws.
The board agreed on the following conditions:
1. The applicant must provide the board of health with a current title 5 inspection and water supply location.
The board voted unanimously to grant the special permit under the terms of Section IV.E.2.c, provided the Board of Health is satisfied that the water supply location and the wastewater disposal system meet current standards.
The hearing concluded at 5:00pm
Submitted by
Melissa Noe
Inter-Departmental Secretary
| 
