ZBA Hearing Minutes
Gould Farm Harvest Barn 100 & 54 Gould Rd
Date: 2/16/12
Hearing began at: 3:10pm
Members Present: Fred Chapman, Chair, Dean Amidon, Vice-Chair, Cynthia Weber, Clerk, Robert Lazzarini and Jonathan Levin, Alternate
Also present: William Johnson and Charles Walton
The hearing began with Fred Chapman, 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, and Board of Health.
Fred stated he made a site visit over the weekend and his findings were that it was a glorified farm stand and not a restaurant.
Robert noted that in the bylaw revisions that are currently being worked on and will be presented at town meeting and hopefully approved, “restaurant” would be clearly defined and then this wouldn’t be an issue here.
Jonathan stated that with the proper conditions, consistent with what Gould Farm is seeking he felt this was an appropriate use of an application for a special permit. He also felt that this was a use that should be encouraged as a community resource.
Everything is ADA compliant and there are 2 bathrooms on the premises.
Discussion ensued on possible future proposals and not encouraging restaurants in the agricultural-residential sections of town, which is not a matter of right.
A motion was made to accept the application as proposed. The motion was seconded and unanimously approved.
The Board made the following findings:
1. The relevant section of the bylaws is I.V.b.2.g
The Board set the following conditions specific to this particular permit application made by Gould Farm:
1. A site plan must be submitted showing the required number of parking spaces (6) is available as per the Monterey Zoning Bylaws.
2. The change in use will require a site inspection and approval from the Monterey Board of Health
3. The restaurant must be manned/operated by Gould Farm staff.
4. No alcoholic beverages are allowed on premise.
5. The restaurant use is restricted to a number of 20 seats (16 inside, 4 outside).
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 3:50pm
Submitted by
Melissa Noe, Inter-Departmental Secretary
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