ZBA Hearing Minutes
Date: 5/20/09
Hearing began at: 3:00pm
Members Present: Robert Gauthier, Chair, Fred Chapman, Clerk, Robert Lazzarini, Vice-Chair, Dean Amidon and Cynthia Weber
Also present: Scott Wodecki, applicant, Chuck Pierce and John Farrell, abutters, Osborne Dugan, abutter
The hearing began with Robert Gauthier, Chair, introducing the board and explaining the hearing process and then Fred Chapman, Clerk, read the legal notice and letters from the Planning Board, Conservation Commission, and Board of Health.
The applicant needs a special permit since the accessory building will be larger than 600 square feet (35’ x 60’). Mr. Wodecki is applying under section IV.B.2.m of the Monterey Zoning Bylaws.
Mr. Wodecki explained that it is basically a garage where he will store his trucks. They load up around 7:30am and leave for the day, returning around 3:00pm, Monday – Friday. Any use on the weekends would be personal.
Cynthia asked if materials would be delivered to the garage; Mr. Wodecki stated that yes once a week there would be via one vehicle. Mr. Wodecki stated that the business is a gutter business. Cynthia also asked for confirmation of the number of employees (2) and where they would park. Fred asked about the kinds of vehicles that would be stored in the garage. Mr. Wodecki stated that it would be supplies (boxes of down spout, coils, etc.) and a forklift. Currently Mr. Wodecki is renting a space on Main Street in Great Barrington and he has outgrown the space. Nothing will be stored outside of the proposed garage.
Robert Lazzarini reviewed the home occupation definition from the Monterey Zoning Bylaws. Under “m” it does not state “professional”, it’s almost as if it’s a subset of the paired occupations noted in the definition. Robert asked if the heavy machinery could really be considered a “home occupation”. He felt that the storage of heavy equipment was not the intention of the bylaw in the agricultural-residential section of town. Fred did not feel that it fell under the “customary home occupation” section of they bylaw. Dean stated that he felt there were too many caretakers in town that store their equipment in Monterey already, Fred pointed out that these people are storing their equipment out in plain view and Mr. Wodecki is building a
storage facility for his equipment.
Cynthia felt that the size of the building will combine with the increased traffic and the increased need for more parking. She asked if the clients ever come to Mr. Wodecki; he stated no, that it is all done through advertising.
Robert Gauthier disagreed with his colleagues and felt that Mr. Wodecki was a skilled craftsman/artisan. He felt that there was plenty of room in the bylaws to approve this project. Robert stated that there are 630 outbuildings of all kinds in Monterey with the biggest one being 88’ x 32’.
At this time the Board heard comments and questions from the audience.
Chuck Pierce and John Farrell, abutters, were concerned with future owners and their use of the building if Mr. Wodecki were to leave the area. Robert Gauthier stated that a condition can be placed on the permit that if the use were to change that another special permit will need to be applied for.
Osborne Dugan, abutter, was concerned about the type of business, he didn’t feel gutter installations was a home business. Robert Gauthier stated that he is an artisan. Osborne was also concerned about the size of the building and the 2nd floor; he wasn’t aware of any home business or artisan that needs a garage that big. He compared the project to Mt. Everett Landscaping in New Marlborough which started as a 2 car garage that now has equipment all over the place and has lowered the values of the surrounding homes. Osborne feels that the garage is too close to all the property lines and is too large. Osborne asked if there would be plumbing in the building; there will not be, just an outside hose will be installed.
The lot is 1.1 acres in Monterey but there is also another 1+ acres in New Marlborough.
Mr. Farrell noted that if the Board finds that the proposed project meets all of the requirements of the Monterey Zoning Bylaws, he has no objections; his only concern is losing his right to object in the future should the nature of the business being run in the garage be changed (i.e. to an automotive garage). The building itself from the plans does not look like an industrial building and if the equipment is stored inside, he’s agreeable.
Dean noted that since the equipment would be stored in the proposed building, this is a favorable proposal when you take into account all of the contractors currently in Monterey that have their equipment stored outside all over. It was noted that the Building Commissioner sent it to the ZBA because of the size of the building. Fred stated that they are here to discuss Mr. Wodecki’s application not to discuss the people in Town that aren’t following the rules.
Mr. Wodecki stated there will not be any additional noise, fumes, smoke, odors, glare or dust created by the proposed project as the business is not run on site, it’s installing gutters on homes in the area.
Fred asked Mr. Dugan if he was here to try and stop the project to which Mr. Dugan said no, he’s concerned about the project becoming bigger and messier in the future after the permit has been issued and seeing the size of the building from his house. Mr. Wodecki stated that he can’t see Mr. Dugan’s house from his so he wasn’t sure how Mr. Dugan could see his.
The evidentiary process of the hearing was closed and the deliberative part of the hearing was opened. Dean reminded everyone in the audience that they were not allowed to speak during this unless the Board asked them a direct question.
The Board made the following findings:
1. Mr. Wodecki’s business falls within “customary home and professional occupations”.
2. The Board finds that the increase in the square footage beyond 600 square feet is necessary for the storage of vehicles and supplies and light workshop usage at his proposed accessory building on Pixley Rd.
3. The Board finds that all requirements in the Monterey Zoning Bylaws Section IV.B.1.c.2 have been reviewed with no negative responses. These include: number of employees, required parking, and offensive conditions.
The Board set the following condition:
1. A deed restriction must be registered in the Southern Berkshire Registry of Deeds limiting the garage to the approved use only. Any change in activity will require a new special permit.
After deliberating the Board voted unanimously to GRANT the special permit.
The hearing concluded at 4:30pm
Submitted by
Melissa Noe, Inter-Departmental Secretary
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