ZBA Meeting Minutes
ZBA file # 10-06 – Ehrlich/KSA appeal
Date: 2/16/12
Meeting began at: 2:45pm
Members Present: Fred Chapman, Dean Amidon, Cynthia Weber and Robert Lazzarini
Also present: Attorney Peter Puciloski
This meeting was called to review and discuss the settlement proposal that the parties in the Ehrlich/KSA appeal have negotiated. ~The conditions must be reviewed by the ZBA to be approved at a hearing, whereupon the Town will be out of the case and they will finalize their agreement with the Court.
Robert stated that he felt the suggested new conditions did not seem productive and were rather punitive and asked Peter Puciloski the background behind it and why KSA agreed to the conditions. The expense of going to trial was a large factor behind it.
Robert stated that he felt that many of the suggested conditions are overreaching, arbitrary and often punitive. He felt that they would restrict KSA’s business operations in ways that could threaten its success and the implementation of the suggested conditions would set a terrible precedent for future ZBA decisions that have conditions attached. He went on to say that the proposed conditions focus on limiting the potential infringement of the abutter’s privacy and the impact on the neighborhood by limiting the amount of KSA’s business operation, not by ensuring that the level of infringement is held at a low and acceptable level. Robert felt that light pollution could be limited by using less powerful lights with thoughtful placement and setting time limitations. The concerns
with regards to setting limits on noise pollution can be linked to acceptable dB levels and infringement of those levels can easily be measured with sound dosimeters that can record the time, date, site and the level of the infraction and these devices are relatively inexpensive. He also stated that the conditions proposed in the agreement include restrictions that are already adequately addressed in the Monterey Zoning Bylaws of Massachusetts General Laws and incorporating the proposed conditions would require the participation of both the Zoning Enforcement Officer and the Board of Appeals in inappropriate matters. Fred agreed and felt that it was the Ehrlich’s way of having the town act as their private security patrol.
Cynthia had objections with the restrictions in the use of~the Public Address System.
After carefully reviewing the original permit and conditions set forth by the ZBA the Board determined that they were sufficient and appropriate. A motion was made to reject all of the conditions in the proposed agreement. The motion was seconded and approved unanimously.
The meeting concluded at 3pm
Submitted by
Melissa Noe, Inter-Departmental Secretary
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