Wilson McLaughlin House continued ZBA Hearing Minutes
9 New Marlboro Rd
Date: 10/7/09
Hearing began at: 12:52pm
Members Present: Robert Gauthier, Chair, Robert Lazzarini, Vice-Chair, Fred Chapman, Clerk, Kathleen Wasiuk (Alternate) and Dean Amidon
Also present: Attorney Phil Heller, Joe Baker, Cynthia Weber, Gige O’Connell, Wayne Burkhart, Laurie Shaw and Shirley Olds
This hearing was continued from August 18th, 2009. The applicant is the Town through the Wilson McLaughlin House Committee. The hearing began with Robert Gauthier, Chair, explaining the hearing process and then Fred Chapman, Clerk, read the legal notice and letters from the Planning Board, Conservation Commission, Board of Health and abutters Ken and Gail Heath. The abutters requested that the meeting be continued to a future date since they were unable to attend today. A conflict of interest statement submitted by Cynthia Weber (serves as a ZBA member and FWMH Committee member) was reviewed.
The Town is seeking a special permit to change the use to municipal for the entire property. The Board agreed to not change the date and will mail copies of the minutes to the abutter. Phil Heller introduced himself and explained that he was here at the request of our town counsel to represent the Select Board. This falls under section IV.b.2 of the town’s zoning bylaws. Phil gave a summary of the application and then turned it over to Joe Baker of the Wilson McLaughlin House Committee.
Joe Baker wanted to make sure that the ZBA understood that the Town is applying for a special permit to the ZBA for property that the Town owns. Town Counsel had recommended filing since there was some ambiguity in the zoning bylaws. The WMH had applied for a permit to renovate the farmhouse and in that process realized that the building and use were always in the agricultural-residential district and that in order for the Town to use it for any purpose they would need to change the use.
Joe explained that several years ago the WMH Committee created a non-profit corporation, Friends of Wilson McLaughlin House which leases the property from the Town with the intentions of renovating it and making it into a community center.
Joe noted that any other proposed structures to be placed on this lot would have to go before the town at town meeting.
Wayne Burkhart, Select Board member added that while there is a big confusion around the process the Select Board is in favor of changing the use of the property from agricultural-residential to municipal and recommended that it be approved without restriction and that any spending requests to be paid for by the town would first be brought before the town. Joe noted that the Parks Department would have jurisdiction over the recreational part of the land for possibly trails, courts, etc. Joe noted that a sub-committee of the WMH has proposed using part of the property for a community garden.
The term “municipal/recreational use” was discussed. The Board also discussed the municipal use limits they would approve and for what part of the lot can be used for these purposes. If additional uses beyond for instance a community center were requested they would need to be presented before the Zoning Board of Appeals as a separate special permit application. The Board felt it was important to protect the abutters in the future. The Board felt this was necessary to make sure that it was open ended and for instance the transfer station were to be moved there in the future without an approval from the Town. The Board stated that the zone is still agricultural-residential even though the use of the property would be changing and therefore that’s the reason that the abutters
need to be protected with a limited use approval.
Fred wanted to put a restriction/condition on parking on the road during any events but the rest of the Board did not feel it was germane to this permit application.
One of the concerns of the abutters was the proposal to have office space on the second floor which could be rented out to a private person/business. The Board stated that this would not be a municipal use and the Board did not consider a private office in a municipal building appropriate. Phil Heller stated that this determination should be reviewed and determined on its appropriateness by the Building Commissioner/Zoning Enforcement Officer.
A motion was made to make a vote to approve to change the use from “a single-family dwelling in the agricultural-residential district” to “municipal and public service building and structures” (as defined in section IV.B.2.j of the Monterey Zoning Bylaws) and “part 2” land of 26 acres to “municipal recreation”, both subject to the provisions of Edith Wilson’s will. The motion passed unanimously. The Board acknowledges that there is a second dwelling on the property known as “Bally Gally”.
The Board approved the following conditions for the special permit approval:
1. The “municipal uses” granted in this decision are solely those necessary for the establishment and maintenance of a community center and garden. No other municipal use is approved.
2. Municipal uses are to be exercised only on that portion of the parcel that lies within 600 feet of its northern-most corner at the intersection of Main Rd. and New Marlboro Rd.
3. The balance of the land is to be used for municipal recreational purposes as indicated in Edith Wilson’s will. (Attached exhibit “D”)
The hearing concluded at 2:15pm
Submitted by
Melissa Noe, Inter-Departmental Secretary
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