ZBA Hearing Minutes
Date: 4/30/08
Hearing: Johnson – 2 Elephant Rock Rd.
Hearing began at: 4:02pm
Members Present: Cynthia Weber Chair, Fred Chapman, Susan Cooper (alternate), Robert Lazzarini, and Robert Gauthier (Clerk)
Also present: Dean Amidon, Kathleen Wasiuk, Andrew Brazie (representative for Robert Johnson), Robert Johnson and Mr. & Mrs. Duke
The hearing began with Cynthia Weber, Chair, explaining the hearing process and then Robert Gauthier, Clerk, read the legal notice and letters from the Planning Board, Conservation Commission, and Board of Health. A note from the Building Inspector written on the bottom of the building permit application was also read (there was not a denied building permit letter provided).
Robert Johnson gave an overview of the proposed project which includes remodeling and extending an existing kitchen, creating a mechanical room, storage and studio in a new basement and taking actions to make the home 4 seasons. The finished basement will only be under the proposed remodeled kitchen. The Board asked why the plans indicated that the basement would not be finished but Mr. Johnson’s verbal overview stated that there would be habitable space in the basement. The project will increase the habitable space by approximately 414 square feet which is a 48% increase (without the porch it would be a 38% increase). The parcel for the most part is in the Agricultural-Residential District and therefore falls under the requirements of the agricultural-residential setbacks. The Board
stated that the lack of proper road frontage and lack of 2 acres are what contribute to its non-conforming nature.
The Board raised questions about the existing shed on the property and its future and what kind of artwork would be done in the studio. The Board asked if they would receive customers for the art business to which Mr. Johnson replied “no”.
Mr. Johnson was asked if he had met with the Board of Health regarding the status of his current septic system and Mr. Johnson confirmed that he had not and had wanted to get a decision from the ZBA first before meeting with the other Boards. Mr. Johnson also stated that he wasn’t aware that he was supposed to meet with the other Boards prior to the ZBA. Susan Cooper read for the record the front page of the application that states in bold font “NOTE: It is in the applicant’s best interest to communicate directly with the town boards and officers to ensure that the required written reports are obtained before a hearing is convened. (See Monterey Zoning By-Law, Section IX.B. Powers, Duties, and Procedures). ZBA decisions rendered without required reports may be
subject to legal challenge.”
Jessie Duke, an abutter asked if the roof line was going to change on the proposed project and Mr. Johnson confirmed that there would be a 9 inch increase. The Board asked if the owner knew anything about the existing septic system. Mr. Johnson confirmed that it was very old but works and they pump it out every 3 years. He would prefer not to have to replace it if at all possible.
There was an inquiry about the amount of excavation to be done. Mr. Brazie gave a brief summary of the work. Cynthia Weber stated that the Board relies very heavily on the advice of the other Boards and since all of the Boards, especially the Board of Health, did not or could not comment due to lack of information provided. The Board decided to continue the hearing to allow the owner to meet with the Planning Board, Conservation Commission and Board of Health. The Board confirmed that they have in the past deemed screened porches as habitable space. Kathleen Wasiuk asked how enclosed porches would be taxed and Robert Gauthier (also an Assessor for the Town) responded that it falls into an enclosed porch category.
The Board stated that at the moment this is considered an incomplete application and the Board does not have all of the material necessary to make an educated decision. The other Board’s meeting schedules were reviewed as were the applicant’s options (to continue the hearing or withdraw without prejudice). The Board confirmed that they would accept any revisions that would better comply with the Town’s bylaws, but it was noted that any revised plans would need to also be presented to the other Boards.
Kathleen Wasiuk, an abutter stated that she is very concerned about Mr. Johnson’s current septic system and based on the neighborhood’s history she does not believe that there is an updated, properly functioning septic system.
Mr. Johnson submitted a written request to continue the hearing and allow him time to meet with all of the town Boards. The Board voted unanimously to continue the hearing until Thursday, June 19, 2008 at 4:00pm. Dean Amidon asked that the applicant get a more definitive definition of “habitable space” from the Building Inspector prior to the continued hearing because the Board seems to disagree on its definition.
The hearing concluded at 5:05pm
Submitted by
Melissa Noe, ZBA Secretary
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