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Planning Board Minutes 7/13/11
Becket Planning Board
Approved Meeting Minutes
Wednesday , July 13th, 2011


Planning Board Members Present: Gale LaBelle,  Beth VanNess, Howard Lerner, Martin Schlanger, Robert Ronzio, Ann Krawet, Beth VanNess.
                                                     
Planning Board Members Absent: None

Members of the public present: Colleen O’Conner, John Amato, Eva Birkett, Richard Birkett, Troy Casey, William Elovirta, Madelaine Elovirta, Charlene Murray, Donald Murray, Michael Rhein, Robert Capeless Jr.

Meeting opens at:  7: 04 pm

Chairperson,  Gale LaBelle,  opens meeting and announces that agendas are on the table for anyone who wants them. She advises that the meeting is being held in accordance with Massachusetts General Law Chapter 40A and the by-laws of the Town of Becket. A decision to issue a special permit requires a minimum of four positive votes from a five member board. The board has 90 days to make a decision after the close of a public hearing and 14 days to file paperwork with the Town Clerk once a decision is made. Any Appeals of decisions can be made only to the court and must be made pursuant to Section 17, MGL 40A as amended, and must be filed within 20 days after the date of filing of the decision with the Town Clerk.

Approval of Meeting Minutes from June 22nd, 2011-  Mr. Robert Ronzio makes a motion to approve meeting minutes from June 22nd, 2011 , Ann Krawet  seconds motion ; Unanimous Approval.

Public Hearing Continuation- Troy Casey, 679 Main Street, Becket ,   Applicant requests a special permit for an 8 foot high  fence.

7:06 pm - Chairperson, Gale LaBelle opens public hearing for Mr. Troy Casey, 679 Main Street, Map 212 lot 34. Ms. LaBelle explains to the applicant the procedure for establishing a quorum. At this time, two of the planning board members present, recues themselves for personal reasons. Mr. Robert Ronzio explains that he is currently running for the selectman position and that Mr. Casey has contributed to his campaign, thus he opts to recues himself  for these reasons. Ms. Beth VanNess, introduces herself and advises that she is currently working for Mr. Casey and has his real estate listed for him, thus her reason for also rescuing herself.  Mr. Ronzio goes on to explain the “Rule of Necessity”  to the applicant as well as all present. Member of the public, Mr. William Elovirta stands up and says that he agrees with Mr. Ronzio and Ms. VanNess’ reasons and agrees that they are doing the right thing.
Ms. LaBelle advises Mr. Casey that he can either have his public hearing tonight or he can opt to wait for a five member board. Mr. Casey states that he would prefer to have a five member board and also he would like to speak with his attorney on this matter.
Ms. LaBelle continues public hearing until Wednesday, August 10th at 7:00.

Informal Discussion- Michael  Rhein-
Mr. Michael Rhein approaches board members present and introduces himself. He states that he is the president of Crystal Pond and that he has been attempting to restrict traffic in their community  for years now. He goes on to explain that there are two exits to the community, one on Route 20 and the other on Wade Inn Road. Mr. Rhein goes on to explain that people are using their road as a shortcut, often speeding, and he is greatly concerned for the children that are in the community. Another issue with the addition traffic caused by people using the road as a shortcut is the fact that in the spring, it gets very muddy and the added traffic causes terrible ruts in the road. Mr. Rhein states that he would like to restrict traffic from early Spring through Fall.
Mr. Rhein advises that the community took it upon themselves to erect Jersey barriers to help rectify the problem, however, they were then notified by the Code Enforcer that they could not do that and that it was unacceptable.  Also this didn’t allow for Emergency Departments to have access, so they took the barriers down. Mr. Rhein suggests that a way to remedy the issue would be to install a chain across the road, with a padlock and a key; all emergency personnel would also be given a key. Mr. Rhein states that the chain would be removed late fall, before the snow removal would start. Mr. Rhein confirms that all emergency departments have agreed to this and have deemed it an acceptable remedy.
Mr. Rhein continues on to explain that at one point, Mr. Harvey Lerner and Mr. Bruce Bosworth came to the planning board to inform them of their intentions. Mr. Rhein also confirms that he has consulted his attorney and was told that they would not need a special permit, however, he was then informed by the Code Enforcer that they would need a special Permit, along with Engineered plans of the property. Mr. Rhein reads the “Special Permit Guidelines” aloud and states that he finds them very confusing. He advises that they are not permanently altering the subdivision plan and wants to know who has the authority to make this decision.
Ms. LaBelle reads aloud a letter received from Lazan Glover & Puciloski, LLP; attorney representing Mr. Rhein. Mr. Schlanger asks if the road has ever been closed before? Mr. Rhein confirms that yes, they close the road one day every year. Mr. Schlanger expresses concern for things such as deliveries, gas, UPS, etc. Mr. Rhein  explains that the exit will only be blocked at one side. Board members discuss what would happen at night, after dark and if this would cause a dangerous situation. Mr. Rhein advises that he plans on installing  warning signs as well as reflectors on both the chain and the signs.
Mr. George Fuller advises that he has great concern also for deliveries, stating that not everyone that enters the community is  going to know and that a turn around must be provided for these as well as other reasons.
Ms. Elovirta expresses concern for the whole factor of liability. She questions Mr. Rhein who would be liable in the case of an accident, the district? The Town? Liability Insurance is briefly discussed. Ms. LaBelle advises that she would like to consult the Town Attorney. Mr. Robert Ronzio advises Mr. Rhein on the permitting process and how to apply for a special permit.
Ms. LaBelle finishes the discussion by informing Mr. Rhein that she will speak with the Attorney and get back to him in approximately one week.

Mmeber of the public, Mr. Robert Capeless Jr. approaches the board members and introduces himself. He advises that he is the executor of his father’s property and that he will be coming before the planning board in the near future with plans, to be drawn up by Mr. Mike Parsons, showing the transfer of one property to another. Board members thank Mr. Capeless for the information and will look form his Form A request in the future.      


Budget- Read and Reviewed. Board members discuss purchasing Mr. Mark Dobrowski’s book at the cost of $275.00 .  Board members agree that the book would be a huge asset for the board to acquire and would be used by all.

Correspondence- Read and Reviewed.

Ms. Beth VanNess makes a motion to adjourn the meeting , Mr. Martin Schlanger seconds motion: Unanimous approval. Meeting is adjourned at 8:27 pm.

Schedule next meeting for August 10th, 2011
   
Respectfully submitted,

Heather Hunt
Administrative Assistant


Signed_____________________________    Date________________
          Gale LaBelle

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          Ann Krawet

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          Robert Ronzio
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         Martin Schlanger

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          Howard Lerner