ZBA Hearing Minutes
Gauthier – 522 Main Rd
Date: 3/12/12
Hearing began at: 3pm
Members Present: Cynthia Weber, Clerk, Robert Lazzarini, Acting Chair, Jonathan Levin and Anne Marie Enoch
Also present: Barbara Gauthier, David Gauthier, Stefan Grotz and Eric Pedersen
It was explained that due to the fact that there were only 4 members available for today’s hearing and that all four would have to vote “yes” for the application to be approved. The hearing began with Robert Lazzarini, Acting Chair, explaining the hearing process and then Cynthia Weber, Clerk, read the legal notice (which was posted for 2 consecutive weeks in the Berkshire Record and at the Town Hall) and letters from the Planning Board, Conservation Commission, Board of Health and one abutter.
David Gauthier presented the proposed project to the Board whose main goal is to make the home safer for Barbara as she becomes older. They are also looking to move the garage to make it safer to pull out of the driveway onto RT 23. Larger, revised plans and square footage calculations were provided to the Board. The existing garage will be completely demolished. They will be pulling the project back to get it out of the setback.
Jon asked some procedural questions about the application that was submitted which wasn’t signed nor was the relief they were seeking checked on the application. Barbara will stop at the Town Clerk’s officer to sign the original application. It was also noted that the section of the bylaw that was in the original legal notice stated the wrong section (restaurants) and should be IV.E.2.b not IV.E.2.g.
The applicant confirmed that the number of bedrooms would not be increasing and stated that at this point in time they weren’t planning on upgrading the septic system but they do planning on doing that in Phase II. David was concerned about the Board of Health’s letter and requirement to upgrade the system prior to a Certificate of Occupancy being issued as he will be living there during construction.
Eric stated that he spoke to Peter Kolodziej over the phone and was told that as long as the number of bedrooms weren’t being increased they wouldn’t need to complete the upgrade of the system immediately.
At this point in time the Board closed the public part of the hearing and began their deliberations.
The Board made the following findings:
1. The proposed project falls under IV.E.2.b of the Monterey Zoning Bylaws.
2. The subject residence is non-conforming because the dwelling infringes on the front setback.
3. The proposed alterations to the dwelling substantially reduce the infringement into the front setback however, significant infringement remains. The alterations add a bathroom to the dwelling.
4. The proposed use remains the same as the existing and the request is in harmony with the general purpose and intent of the Bylaws and will not be injurious, noxious, offensive or detrimental to the neighborhood or town.
At this point the Board voted unanimously to approve the project and revised plans submitted dated 3-8-2012.
The Board set the following conditions:
1. The applicant must meet the requirements, if any, of the Monterey Board of Health relative to the septic system.
The hearing concluded at 3:45pm
Submitted by
Melissa Noe, Inter-Departmental Secretary
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