ZBA Hearing Minutes
Address: 109 Pixley Rd, Monterey
Date: 8/16/12
Hearing began at: 3:10pm
Members Present: Fred Chapman, Chair, Jonathan Levin, Clerk, Robert Lazzarini, Stanley Ross and Anne-Marie Enoch
Also present: Brian Clapp, Michael Storch and Ian Jenkins
The hearing began with Fred Chapman, Chair, explaining the hearing process and then Jonathan Levin, 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, and Board of Health. A letter from abutter Gareth Backhaus was also read.
Brian explained that this project was presented to the Building Department as a great room but once completed his landlord where his business had been located raised his rent dramatically causing the need for the business to relocate. Brian stated that it will go back to a great room once he retires from personal training; however no specific time frame was given. This particular business requires a special permit due to the fact that it is over 600 square feet (924) and our bylaws allow a customary home occupation “by right” only when it is less than 600sq ft. Brian is working with the Building Inspector to make the building handicap accessible with a portable ramp; the bathroom is still being addressed as well as emergency lighting that needs to be installed.
Jon asked Brian to give a detail of what the business consists of. Brian stated that he provides private, personal training for 60 minutes, usually one on one. There is another trainer so there could be a total of 4 people there at any given time (2 trainers and 2 clients). The other trainer does sometimes perform group trainings of 2-3 clients and one trainer. Stanley stated that the amount of equipment there only allows for 4 people to be on machines at a time. There aren’t any type of exercise classes held there; it is strictly personal one on one training.
Brian stated that he is not interested in growing the business at all. He has been operating with the Building Inspector’s permission until the Board makes their decision since May of 2012.
The Board asked if music was used; it is but is not loud or inappropriate. The Board confirmed that Brian’s wife has an office in the loft which is a home occupation, the facility is another home occupation and the 2nd trainer which Brian stated is a 1099 contractor is essentially another business.
There is a single restroom with a shower that will be made handicap accessible. Most of Brian’s clients at this time to not use the shower; they choose to go home and use their own. Brian will not be putting up any signs announcing the business other than his current mailbox.
Anne Marie felt that the size of the building prohibited any sort of growth beyond a total of 5, maximum 6 clients. Stan stated he spoke to the closet neighbor and she stated that they have never heard any sort of noise coming from the business to bring their attention to the business.
At this point the Board closed the public portion of the hearing and began their deliberations.
Jon had difficulty with considering this a customary home occupation due to the fact that there is another contractor employed there. Bob was also having difficulty with defining a “customary home occupation”. The use of the word “private” in our bylaws was also a sticking point; whether private meant one on one or exclusive due to paying for an exclusive service.
Regarding potential detriment to the neighborhood: Bob is concerned about potential growth that could make it become a detriment to the neighborhood. The Board asked Brian to address the other office in the loft used by his wife. He stated that she is the Senior Director of the Humane Society of the United States and all of her work is phone and computer. The loft is approximately 230 square feet. No one felt that this office presented any sort of issue.
The Board noted for the record that they did not appreciate that the special permit for a change of use was applied for after the fact. Mr. Clapp does have business permit issued through the Town Clerk’s office, it was noted that the Board should speak to the Clerk to improve communication with the Building Department to make sure that a business has approval through zoning to operate.
The Board made the following findings:
1. A special permit is required as per section IV.B.2.m of the Monterey Zoning Bylaws.
2. The Board concluded that this was a customary home occupation.
3. The Bylaws require that the customary home occupation is operated by the resident occupying the residence.
The Board set the following conditions:
1. The Building Department must issue a new Certificate of Occupancy to accommodate the change in use.
2. Hours of operation must remain from 6am to 6pm as proposed in the applicant’s application.
3. Personal training and all instructions can occur only in rooms designated for that purpose as stated in the application.
4. Noise levels measured outside the building must be below 75dB.
5. The business is limited to operation by the resident occupant trainer and one employee on the premises at a time (not a subcontractor).
6. The occupancy at any one time is limited to up to four (4) people total in the facility at a time.
The Board voted 4 to 1 to GRANT the special permit with the above conditions. Stanley Ross voted in the negative.
The board concluded that the request was 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.
The hearing concluded at 4:54pm
Submitted by
Melissa Noe, Inter-Departmental Secretary
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