Zoning Board of Appeals Minutes 8/6/19 (2pm)
ZBA Hearing Minutes
Address: Charcoal Lane
Date: 8/6/19
Hearing began at: 2:03pm
Members Present: Jonathan Levin, Chair, Stanley Ross, Clerk, Scott Jenssen, Susan Cooper and Gary Shaw
Also present: Mike Kulig, Andrew & Cecylia Soborski, Don Torrico, Richard Montgomery, Ron Langner, Al Materas
The hearing began with Jonathan Levin, Chair, explaining the hearing process and then Stanley Ross, Clerk, read the legal notice (which was posted for 2 consecutive weeks in the Berkshire Eagle and at the Town Hall) and letters from the Planning Board and Conservation Commission.
Mike Kulig, Engineer and Elizabeth Goodman, Attorney for the Soborski’s presented the details of the proposed project and answered questions.
Mr. Soborski also provided a summary of the project and his knowledge of the history of the property. Abutters present noted that they did not believe that placing the new house on the other (north) side of Dowd Road, and outside the buffer area, would cause unreasonable difficulty. Each of the abutter’s homes were also on the north side of Dowd Road. Gary Shaw summarized his review of properties around the lake where the house was in the relevant setback area, and found that a large majority pre-dated zoning and were therefore dismissed Applicants reliance on this statistic as a basis for the Board issuing the requested Special Permit. Abutters also expressed concerns about the impact on the Dowd Road right of way and access for emergency vehicles during construction.
Building Inspector, Don Torrico confirmed that a building permit has not yet been applied for. Don also confirmed that the existing structures have rights but not their use.
At this point the Board unanimously closed the public portion of the hearing and began their deliberations. The Board discussed the applicability of Section 7.2.4 of the Monterey Bylaws, and the requirement that the Board, in order to issue a special permit, must find that compliance with Section 7.2.4 (and keeping the proposed dwelling out of the 75’ set back) would cause unreasonable difficulty. The Board acknowledged that almost the entire proposed house is located within the 75ft setback. The Board discussed whether compliance with Section 7.2.4 would cause unreasonable difficulty in placing the house elsewhere on the Applicants parcel, and in particular on the north side of Dowd Road. The general consensus, despite Applicant’s arguments to the contrary, was that complying with the requirements of Section 7.2.4 would not cause unreasonable difficulty.
At this point, the applicant requested to withdraw their application without prejudice. A motion was made to accept the Soborski’s oral request to withdraw their application without prejudice which will be followed by a written request. The motion was seconded and unanimously approved, and the application is deemed withdrawn without prejudice.
The hearing concluded at 3:26pm
Submitted by
Melissa Noe, Administrative Assistant