ZBA Hearing Minutes
Address: Northwest Cove Rd.
Date: July 28, 2015
Hearing began at: 3:15pm
Members Present: Jonathan Levin, Chair, Stanley Ross, Clerk, Robert Lazzarini, Fred Chapman and Susan Cooper
Also present: Matthew Puntin and Marc White
This hearing was re-opened from July 7, 2015.
Matt Puntin provided an updated proposal and plans. The location of the house has been pushed back from the lake (respecting the 40 ft setback). An opinion letter from Attorney Puciloski was submitted that asserted that the .57 acre lot has, for zoning purposes, merged with the larger contiguous lot. Matt Puntin requested that the original application be amended to reflect that they are now seeking relief only from Section 7.2.4 of the Monterey Zoning Bylaws, and that the applicant is incorporating in their amended request a new site plan, a cover letter, an affidavit acknowledging that the current temporary kitchen will be removed once the house is built and that per their attorney the applicants property is now one merged lot. A motion was made to allow the applicant to amend the
application for the above stated reasons. The motion was seconded and unanimously approved.
The Board asked that the applicant describe the topography at the back of the lot, Matt referred to the site plan. He stated that if they had to adhere to the 75 foot requirement it would be next to impossible. Matt stated that this updated proposal is a smaller version (work area and house) than what was approved by the Conservation Commission a few years ago.
At this point in the hearing the Board closed the public portion of the hearing and began deliberations.
The Board made the following findings:
1. The property is within 75 of the mean high water line and as a result section 7.2.4 of the Monterey Zoning Bylaws apply.
2. Based on the topography of the site strict adherence to section 7.2.4 would cause an unreasonable difficulty to the applicant.
3. Applicant’s property is one merged lot, and based on representation from the applicant there will only be one dwelling unit on the property.
The Board set the following conditions:
1. Further authority from Attorney Puciloski must be provided with the citation/MGL as to the basis of his statement in the 2nd page of his letter dated July 27, 2015 that this is a merged lot.
2. Only one residential dwelling is allowed on this lot.
3. The existing temporary kitchen facilities currently being used by the Camp Director will be removed upon completion and occupancy of the new dwelling.
A motion was made to grant a special permit based on the amended application. The motion was seconded and approved unanimously.
The hearing concluded at 3:36pm
Submitted by
Melissa Noe, Administrative Assistant
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