ZBA Hearing Minutes
Date: 6/19/08
Johnson – 2 Elephant Rock Rd
Hearing began at: 4:08pm
Members Present: Cynthia Weber Chair, Fred Chapman, Susan Cooper (alternate), Robert Lazzarini, and Robert Gauthier (Clerk)
Also present: Robert Johnson, Kathleen Wasiuk, Dean Amidon, Mr. & Mrs. Duke
The hearing began with Robert Gauthier, Clerk, reading Mr. Johnson’s hand written letter from the last meeting requesting that the meeting be continued in order for Mr. Johnson to meet with the other Boards regarding his application.
Mr. Johnson stated that he did not meet with the Board of Health because they just finished the Title 5 (which failed) and it hasn’t yet been seen by the Board of Health. Mr. Johnson has a perc test scheduled and plans to submit plans to the Board of Health for a septic upgrade. The Board of Appeals seemed to feel that based on Mr. Johnson’s location to the lake it would end up being an alternative system.
Mr. Johnson is planning to put up half walls on the proposed porch. Mr. Johnson asked if he still needed to meet with the Planning Board, since it had been some time since the initial meeting, Robert Gauthier read into record again the letters from the Board of Health, Planning Board (which did not include an opinion since a site plan was not included and the Board did not have a quorum) and the Conservation Commission.
Mrs. Duke expressed her concern that a special permit could be granted if there wasn’t an approved and existing septic system already in place. The Board explained that they could grant a special permit conditional on a septic system being installed that was approved by the Board of Health.
At this point the Board went into the deliberation portion of the hearing which is closed to public comments.
The Board discussed the following findings:
1. The location is non-conforming for lot size, road frontage and setback.
2. The major portion of the property is located in the Agricultural-Residential District; therefore the zoning requirements of that District are applicable..
3. The placement of the structure predates zoning and is grandfathered.
4. The structure intrudes into the setbacks on the west and south.
5. The lot’s road frontage is less than required for the zoning district .
The Board agreed that the proposed enlargement was modest and would not intensify any of the non-conformities. The Special Permit was unanimously approved under Section IV. E.,2.,b. of the Monterey Zoning Bylaws. It was subject to one condition.:
1. A new septic system is to be installed which will meet with the approval of the Monterey Board of Health.
The hearing concluded at 4:52pm
Submitted by
Melissa Noe, ZBA Secretary
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