Zoning Board of Appeals Minutes 8/6/19 (3pm)

Meeting date: 
Tuesday, August 6, 2019

 

ZBA Hearing Minutes

Address: 25 Deerwood Park

Date:  8/6/19

Hearing began at: 3:30pm

Members Present:  Jonathan Levin, Chair, Stanley Ross, Clerk, Scott Jenssen, Susan Cooper and Gary Shaw

Also present: Don Torrico, Mike Gilberg, David Ehrlich, Jim Webber, Smitty

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, Conservation Commission, and Board of Health.  A motion was made to waive the reading of the lengthy letter from an abutter.  The motion was seconded and unanimously approved.  All board members were provided a copy of the letter and read it ahead of time.

Mike Gilberg, owner presented the details of the project and why he would like to see the proposal for a new 20 bed non-winterized bunkhouse approved.

Abutter David Ehrlich expressed his concerns about the proposal.

At this time the Board closed the public portion of the hearing and began their deliberations.  The Board discussed whether the proposal was more harmful to the neighborhood.  The applicable section of the Monterey Zoning Bylaws is section 9.4.2.  The Board discussed whether the adverse effects of the proposed use will outweigh the beneficial impacts to the town or the neighborhood, in view of the particular characteristics of the site and of the proposal in relation to the site.  In addition the Board considered the six factors set out in Section 9.4.2.  A motion was made to approve the amendment of the existing special permit to allow the project as submitted.  The motion was seconded and unanimously approved subject to the conditions set below.

The Board made the following findings:

  1. The property is in the Agricultural and Lake Shore Districts and fronts on Lake Buel.
  2. The property is a large irregular parcel with numerous camp structures and camp facilities located thereon.  Under Section 3.1.3 of the By-Law, a camp is only permitted in an AR district by special permit.  A special permit has been previously issued for the Applicant to use the Property as a camp.  Any changes to the camp require a revision to the existing special permit.
  3. Applicant seeks a revision to the Camp’s Special Permit to construct a new 40’ by 70’ boys’ cabin on the property.   The new cabin will accommodate 20 campers with bathroom facilities.  Applicant is not seeking permission to increase the number of campers permitted under its present Special Permit.  The location of the proposed new cabin is in the center of a wooded area.
  4. Section 9.4.2 of the By-Law applies to the Application and the Board needs to find that the criteria of 9.4.2 has been met to justify issuing a special permit. The Board must find that the adverse effects of the proposed use will not outweigh the beneficial impacts to the town or the neighborhood, in view of the particular characteristics of the site and of the proposal in relation to the site.  In addition the Board must consider the six factors set out in Section 9.4.2.  The Board, in general discussion, found that the proposed new bunk house’s adverse effects do not outweigh its beneficial impacts to the town and the neighborhood.  The new bunkhouse will enable Applicant to attract new campers and permit the Applicant to update its facilities, and the camp is a valuable social and financial benefit to the Town.  There is no expected changes to traffic flow and safety, parking and loading.  The bunkhouse has adequate utilities and its design and location is in keeping with the neighborhood character and social structures.  There is minimal impact on the natural environment and there should be little if any negative financial impact on the Town, and the success and value of the Camp is a positive economic factor for the Town’s tax base.

The Special Permit for the proposed project was approved by vote of 5 to 0, with the following conditions:

  1. That the septic system for the new bunkhouse be reviewed and approved by the Monterey Board of Health as if the septic system was located in the Town of Monterey;
  2. That the Bunkhouse may only be used for camp activities during the period from May 1 through and including Labor Day.  At All other times, the bunkhouse may only be used for storage.  Applicant shall not be prohibited from seeking modification to this condition by subsequent application to this Board for further amendment to its Special Permit.

The hearing concluded at 4:45pm

Submitted by

Melissa Noe, Administrative Assistant