ZBA Hearing Minutes
Date: March 6, 2008
Hearing: KSAMass, LLC/DAB CO.
Hearing began at: 4:00pm
Members Present: Cynthia Weber Chair, Fred Chapman, Robert Lazzarini, Susan Cooper (Alternate) and Robert Gauthier (Clerk)
Also present: Peter Puciloski, Attorney for KSAMass, LLC, Fred Vorck, David Logan, Peter Vallianos, Attorney for an abutter, Paula Hatch, Chair of the Lake Buel Preservation Tax District, Mark White, Owner/Director of KSA, Donald R. Torrico, Monterey Building Commissioner.
The hearing began with Cynthia Weber, Chair, explaining the hearing process. Fred Chapman disclosed that work has been done by the applicant’s firm for him and his wife but Fred had not met Peter Puciloski. Robert Gauthier, Clerk, then read the legal notice and letters from the Building Commissioner, Planning Board, Conservation Commission, and Board of Health. The Planning Board’s response stated that they were unable to respond due to the fact that they have not had a quorum at their recent meetings, they believe that they will have a quorum available at their April 10th meeting.
Peter Puciloski, Attorney of COP, LLC presented the project details. The camp plans to open with an enrollment of 200 children of ages seven to seventeen and to operate from June 29 to August 16, 2008. There will be 50 Counselors and 50 additional staff. These figures were confirmed by Camp Director, Mark White. He also provided the Board with documents showing that COP has recently purchased the property. Mr. Puciloski reported that with this application there are no proposed building projects and the applicant is applying for a special permit to run a summer camp. Mr. Puciloski reported that the last inspection performed by the Building Commissioner was in 2000 and the last camp was in 2003. The Building Commissioner has raised the issue of multiple dwellings on the lot and
confirmed that the owners are planning to pull out all the kitchens but the one located in the boathouse.
Fred Chapman asked what COP was. Mr. Puciloski stated that COP is a liability limited company that has common persons with KSAMass, LLC. Fred also asked if there were any conditions or contingencies in the purchase and sale agreement with the former owner Donald Bernard. Mr. Puciloski stated there were none but Mr. Bernard has an easement to access his property and that COP has a first right of refusal should Mr. Bernard sell his lot/house.
Robert Lazzarini mentioned his concerns with Deerwood Park Dr. and its current condition. Mr. Puciloski stated that the agreement with Gt. Barrington was that only the portion located in Gt. Barrington had to be upgraded prior to Mr. Bernard sub-dividing the land. The Monterey portion is not large enough for 2 cars to travel but has 2 turnaround spots. Mr. Lazzarini was concerned that in the event of an emergency there would be 3 separate towns’ emergency vehicles responding and the Board would want to be sure that the vehicles could fit. Mr. Lazzarini showed a map that was provided by Don Bernard at the Town Hall today at Mr. Lazzarini’s request.
Fred Chapman asked if a Form A was filed in Gt. Barrington and Mr. Puciloski stated that it was. Robert Gauthier referred to the letter to the applicant in the file with regards to trailers to house staff which are not allowed by the Town’s bylaws.
Questions were asked about the current septic system and the conditions that the Board of Health requested be set if the permit is granted. Susan Cooper asked about the ball fields being built and Mr. Puciloski stated that they are in Gt. Barrington and the applicants are working with the Boards and Commissions there.
Cynthia Weber asked if the majority of the land was in the agricultural-residential section of Monterey. Mr. Puciloski stated that most of it is but some is in the lakeshore district. It was agreed that according to the zoning bylaws, the property would be considered under the Agricultural-Residential District guidelines. It was agreed that, according to the zoning bylaw, the property would be considered under the Agricultural-Residential District guidelines. Fred Chapman had questions about the 10:45 curfew and that he thought it was for the area on the late side. Mark White stated that activities are limited after 9pm and that no loud activities are allowed after 9pm. Fred was concerned and wanted to come to some pre-condition about the sounds that might emanate. Susan Cooper
asked about the outdoor lighting, Mark stated that it would be on the courts and there will be some path lights. If there were glare or light issues the owners would be able to redirect it.
The Board asked if any of the abutters present wanted to speak. David Logan stated that none of the members of the Lake Buel District Preservation Association had no objections to the project. Fred Vorck also a member of the Lake Buel Preservation Association asked questions about sound specifically a bugle call and building locations. The owner stated that the first bugle call is at 7:45am and they are happy to address and correct any problems brought to their attention. Mr. Vorck also asked about lake programs, ski boats, etc. The owner stated there are a patrol boat and a ski boat (for motorized vehicles) and then some kayaks and canoes.
Fred mentioned the required recycling rules. Robert Gauthier mentioned the clear parameters set in the bylaws regarding the timeframes for summer camps (Memorial Day – Labor Day). Donald Torrico, Building Commissioner explained the single family dwelling bylaws (one dwelling per lot is allowed) and explained the parameters of the only Building Permit that has been issued (a foundation only permit) due to an Emergency Certification Form by the Monterey Conservation Commission at their February meeting.
Susan Cooper asked how the Board could best deal with the Deerwood Park Rd issue. Robert Lazzarini was concerned that there was not a response from the Planning Board regarding the current road condition. Robert Lazzarini stated that when the ANR was signed it was not clear that the property was going to be used as a camp. Robert Lazzarini asked that the hearing be continued until an opinion is received from the Planning Board. Discussions ensued regarding the bylaws and its requirements of the condition of the road and the use of the road. Fred stated that this would not fall under the Planning Board’s expertise since they already signed off on the sub-division, it would fall under the Board of Appeals purview. The Board would like an expert opinion to review and advise the
current road conditions. The flow of traffic and parking was discussed.
Peter Vallianos, Attorney for an abutter had questions about the widening of the road and the easements for the loop.
At this point the Board closed the evidentiary part of the hearing.
The Board agreed that the issues concerning the lighting and sound should be made as conditions of the special permit. Any reasonable complaints should be responded to within 48 hours.
The Board agreed to the following findings:
1. The site is appropriate for use as a summer camp with a long history of such use.
2. The property has not been used as a summer camp in more than two years; therefore, a Special Permit is needed to allow this use.
3. The approximate 34 acres of the camp parcel lies partially in Great Barrington and New Marlborough, but the largest part (24 acres) is in Monterey. The majority of the Monterey parcel is in the Agricultural-Residential District which would control its zoning requirements. (Monterey zoning by-law, Section V.G. Rules for Parcels in Two Districts and Section IV.B Agricultural-Residential District, 2. Uses by Special Permit Only, e. Summer Camp…).
4. The 24 acre Monterey site is appropriate in size for the anticipated use. Deerwood Park Drive provides access.
5. The facilities were appropriate for the proposed use.
The Board imposed the following conditions:
1. The Board of Health’s conditions stipulated in their letter to the Board of Appeals must be satisfactorily met.
a. The applicant must file with DEP for approval of the system that will now be a shared septic system. This is because the property was subdivided and the septic system is shared between property owners.
b. The applicant must also file for a variance with DEP for approval of the easements that have been created because of the shared system.
c. The flow can not exceed what is on file with the Board of Health (9450 gallons) with the proposed use.
2. Deerwood Park Drive, must be approved for safe passage of emergency vehicles, as well as general vehicular traffic, by Raymond Tryon, Fire Chief, Leigh Tryon of Tryon Construction, Maynard Forbes, Director of Operations. In addition, consultation by an individual with professional expertise in road design and road building to be selected by the Board of Appeals will be funded by the applicant.
3. The applicant will endeavor to acquire an additional easement/access.
4. In order to protect and promote the health, safety and general welfare of the inhabitants of Monterey the applicant agrees to rectify reasonable complaints about noise and light within 48 hours.
5. The kitchen facilities on site must be consistent with single family residency requirements of the Agricultural-Residential and Lakeshore Districts.
The Board voted on whether to approve the applicant’s request for a Special Permit to operate a summer camp Section IV.B.2.e. A motion was made and seconded to vote to award the special permit under Section IV.B.2.e and it was approved unanimously.
The hearing concluded at 5:30pm
Submitted by
Melissa Noe, ZBA Secretary
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