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Planning Board Minutes 4/18/12
Becket Planning Board
Approved Meeting Minutes
Wednesday, April 18th , 2012


Planning Board Members Present:  Gale LaBelle , Robert Ronzio, Beth VanNess, Ann Krawet , Marty Schlanger.  
                                                      
Planning Board Members Absent:  Howard Lerner

Members of the public present: Karen Karlberg , Ronald Fortune, Jeremiah Pollard.  

Meeting opens at:  7: 05 pm

Chairperson , Gale LaBelle,  opens the  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 March 14th, , 2012-  Mr. Robert Ronzio  makes a motion to approve the  meeting minutes from March 14th , 2012;  Ms. Beth VanNess seconds motion; Unanimous Approval. Ms. Karlberg requests a copy of the March 14th meeting minutes now that they have been approved.


Attorney  Jeremiah Pollard - Public Hearing Continuation for Mr. Ronald Fortune, Andrews Road, Map 404 Lot 42.3.
7:22
Chairperson, Gale LaBelle opens the public hearing continuance.  Mr. Jeremiah Pollard, attorney for the applicant ,  Mr. Ronald Fortune confirms with Ms. LaBelle that all the original members will be present this evening for the hearing. Ms. LaBelle advises that alternate member, Mr. Howard Lerner is not present at this time, however is on his way and is expected momentarily. Mr. Pollard advises that it should not be alternate member,  Mr. Lerner, who is brought up to date and sitting on the board tonight, rather it should be Mr. Schlanger. Mr. Schlanger advises that he has been out of town for the last two meetings, therefore is not up to speed with the hearing. Mr. Pollard reminds the board members that one of the two meetings that Mr. Schlanger had missed was actually just a request for another continuance and that no new evidence was presented. Board members review and discuss, and find that indeed that is correct; Ms. LaBelle requests that Mr. Schlanger read and review the meeting minutes that he was not in attendance for and then he will be allowed to sit on the board as well as render a decision for the public hearing already in progress. Ms. LaBelle advises that the decision from the board will not be rendered until the May meeting, thus giving Mr. Schlanger appropriate time to review what he has missed. Mr. Pollard agrees to write a written request on behalf of his client, requesting a continuance until May 9 th. Mr. Pollard drafts , signs and submits written request. Mr. Pollard  reminds the board members present that this all started when his client, Mr. Ronald Fortune, was issued a violation from the building inspector, while in the process of applying for a building permit. Mr. Pollard also reminds the board that at the last meeting, he had stated that he had placed a phone call to  K. Doyle, looking for her legal opinion. Mr. Pollard advises that he has not heard back from K. Doyle, however she is aware that he is requesting a determination of applicability and did not seem to have any problem with it.
Mr. Schlanger asks Mr. Fortune what the barn is going to be used for? Mr. Fortune states that it would have an agricultural use, advising it would be used to house two steer, as well as feed, etc. Mr. Fortune also adds that there is a saw mill there and has been there  since it was owned by Mr. Andrews. Ms. LaBelle brings up the fact that it appears that all three of Mr. Fortune’s properties seem to  be separate as far as the tax office and the assessors go, she asks Mr. Pollard if the properties are together? Mr. Pollard says no, other than the ANR endorsement. Mr. Pollard goes on to advise that Mr. Fortune does own all three properties , and it is for an agricultural use, therefore it should not be an issue. Mr. Ronzio asks if the previous use  of the property was agricultural? Mr. Fortune advises that it has always had agricultural use, stating he has been cutting  firewood, gardening, putting up fencing and getting ready to bring in the animals. Mr. Fortune advises that he believes the property is being taxed residentially and that there has been no tax exemption requested. Ms. Krawet asks what parcel the fence is on? Mr. Fortune explains that part of the fence is on the parcel that the barn is currently on, the other part of the fence is on the parcel of the proposed addition. Ms. LaBelle suggests that it may be easier for Mr. Fortune to apply for a reverse ANR, Mr. Pollard  advises that a reverse ANR is not necessary. Mr. Fortune advises that the cows will be allowed to roam freely on most of the property. Mr. Schlanger advises that he can not just take the three separate lots as they stand now and consider them to be one piece of property. Mr. Pollard explains that you may certainly buy your farm, parcel by parcel and that as long as they are contiguous they can be put together. Mr. Schlanger also advises that a fence could be put up for other reasons, other than farming, such as for protection. Mr. Pollard advises that the building inspector told him that it cannot actually be considered a farm until the animals have been brought in. Mr. Fortune  explains that he has never taken a loan out for anything that he has done on the property, and that he has done it by saving his money little by little and doing whatever he could do. Mr. Fortune states that even when he bought the property it was considered to be a farm and that at one time he had a foreclosure issue, due to the fact that he did not have commercial insurance on the property.
Mr. Fortune explains to the board that he is entirely frustrated with this whole ordeal and that he has done all the right things, been represented by council and that his deed should reflect this. Mr. Pollard advises that his client needs something from the board so that he may move on.
Mr. Ronzio pulls a copy of the deed and explains that there is nothing in the deed that establishes commercial use of the land. He states that “farm use” has not been established and that an ANR could reconfigure the property and makes things so much easier. Mr. Pollard reminds the board that they can not impose unreasonable restrictions, and requests and  that the board should get a legal opinion. Ms. LaBelle confirms that they will get a legal opinion and that they will plan on rendering a decision at the next regularly scheduled meeting to be held on May 9th.
Mr. Schlanger again suggests that the three separate pieces of property should be combined. Mr. Pollard explains that once the five acres is established , then the agricultural use will be exempt from Zoning. Mr. Ronzio states that under the existing statute, this property would not be considered a farm and that farming should be established at some point.
Ms. LaBelle confirms that there are no more questions or comments on the floor; she solicits for a motion. Mr. Ronzio makes a motion that this public hearing will be continued until May 9th, Ms. Ann Krawet seconds motion; Unanimous  Approval.

Budget- Board members review budget.

Correspondence- Read and Reviewed all listed correspondence.

New Business- Ms. Ann Krawet brings up discussion on the Solar Bylaw that we have in place. She advises that she has had  discussion with the building inspector regarding some different locations in the Town that may be available for solar use. Ms. Krawet advises that they were discussing “Jacob’s Well” as a possible location . Board members briefly discuss and agree that this is an important topic and that will be up for discussion at future meetings.



Mr. Martin Schlanger makes a motion to adjourn meeting at 8:30, Ms. Beth VanNess seconds motion; Unanimous Approval.

Schedule next meeting for Wednesday, May 9th, 2012.

Respectfully submitted,

Heather Hunt
Administrative Assistant

Signed______________________________    Date_______________
          Gale LaBelle

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          Robert Ronzio

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Martin Schlanger

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         Beth VanNess

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          Ann Krawet