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Zoning Board of Appeals Minutes 10.15 & 10.30.08 - 29 Broderick Rd
Minutes: Board of Appeals Public Hearing   October 15, 2008
Applicant: William Carry, 29 Broderick Rd., Monterey, MA
Members Present: Fred Chapman, Robert Lazzarini, Cynthia Weber, Dean Amidon
Abutters:  Barbara O’Brien, and Robert O’Brien

Cynthia Weber, Chair, explained that because there were only 4 members the representative of the Carry’s requested a continuance.

Robert Lazzarini requested that the reading of the correspondence from town boards and the abutters be held off until the continuance.  

The members present agreed to meet on October 30, 2008 at 3:00.

The Chair opened the hearing at 3:10 p.m.  and explained the implications of having only 4 members.  The applicant would need a unanimous vote to proceed.

David Hellman made a written request for a continuance.
Dean Amidon moved to continue the hearing until October 30, 2008.
Robert Lazzarini seconded the motion.
The vote was unanimous to continue the hearing.

Robert Lazzarini made a motion to hold the reading of the correspondence from the town boards and abutters.
Dean Amidon  Second
The vote was unanimous to hold the reading of the correspondence.
Robert Lazzarini stated that he has relevant facts from the Board of Assessors.  He will distribute the information to all present as well as to the Attorney and the Applicant.

The members signed the written request from David Hellman and will file it with the Town Clerk.

Hearing closed at 3:30.

Minutes:  Board of Appeals  Continued Public Hearing    October 30, 2008
Applicant:  William Carry,  29 Broderick Road, Monterey
Members Present:  Fred Chapman, Robert Lazzarini, Cynthia Weber, Chair, Dean Amidon, and Robert Gauthier
Attorney David Hellman, representing the applicant
Dean Amidon stated that no correspondence or reports had been read at the original hearing.
Robert Lazzirini, Clerk, read the Notice of Public Hearing.  This is the continuance of the original hearing begun on October 15, 2008.

Planning Board:  Met on September 25, 2008 and found that the property is a nonconforming lot in size and frontage and side setback.  The proposed structure exceeds the height of the existing structure.  The new building will not increase the nonconformity of the lot, the lot coverage is 20%, and will conform to set backs.  The Planning Board gave a favorable recommendation.

Board of Health:  Approved the plan and issued a septic permit on October 7, 2008.

Conservation Commission:  White Engineering presented the project.  It is outside the Conservation Commission jurisdiction.  It is beyond the 100’ buffer zone.  Does not exceed the 15% Scenic Mountain Act requirements.

Abutters
Mrs. Salerno, representing the Garfield East Association had questions regarding septic and run off.
Arthur Carry, Joseph DePonte, Richard Montgomery, Mr. Skeletal, and Mr. Rosebrock support the project.

The Board of Health has approved an alternative plan that is a mini sewage treatment plant.  It is an active system and doesn’t impact any other septic systems. The DEP has okayed the two fields.  The Town Sanitarian has approved the plans.  The concerns of the letter writers should be alleviated by the innovative septic system.  

There is a difference between the Assessors map and the survey.  Robert Gauthier stated that the Assessors maps are for assessing purposes only and not for legal transfer of property.  Dean Amidon added that pins in the ground predominate.

Discussion on the impact of the project on the “neighborhood.”   The members felt that the house is too big for the neighborhood.  The structure has 3 stories of habitable space.  The slope of the property adds to the intensity of the structure.

After the discussion on the structure and the neighborhood David Hellman requested to withdraw the project without predjudice.  He presented a letter to the Board making that request.
The hearing was closed at 4:45.

Submitted by:
Maryellen Brown