Becket Planning Board
Approved Meeting Minutes
Wednesday, May 9th , 2012
Planning Board Members Present: Gale LaBelle , Robert Ronzio, Beth VanNess ( via remote-participation), Ann Krawet , Marty Schlanger, Howard Lerner
Planning Board Members Absent: None
Members of the public present: Mary Alarie, Karen Karlberg, Jeremiah Pollard, Jack Laviolette, Howard Levin, Ronalds Fortune, Colleen O’Connor, John Amato.
Meeting opens at: 7: 10 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 April 18th, , 2012- Mr. Martin Schlanger makes a motion to approve the meeting minutes from April 18th , 2012; Mr. Robert Ronzio seconds motion; Unanimous Approval.
Continuation of a public hearing-Attorney Jeremiah Pollard - Public Hearing Continuation for Mr. Ronald Fortune, Andrews Road, Map 404 Lot 42.3.
7:15 pm
Chairperson, Gale LaBelle opens the public hearing continuance. Ms. LaBelle advises that there is a regular planning board member that will be participating remotely. She advises that regular member, Beth VanNess is currently on the speaker phone that is in the meeting room, on the podium provided, Ms. LaBelle asks Ms. VanNess to speak clearly and loudly and confirms that all present can also hear clearly.
Ms. LaBelle advises Mr. Pollard that we now have the original five member board that was present when the hearing opened. Ms. LaBelle asks Mr. Pollard if he has any objections with the remote participation of Beth VanNess; Mr. Pollard states that Mr. Fortune and himself are both fine with it. Mr. Pollard stands and approaches the board, he explains that he still has not heard anything back from K. Doyle, he does however advise that he has a copy of the email that he sent to her. Mr. Pollard also advises that Mr. Fortune has two heifers and a steer on the property, establishing the agricultural use. Mr. Fortune explains that he had actually bought the cattle back in January, prior to coming in front of the board and that the cattle arrived on the property on May 5th.
Mr. Pollard advises that all the information that they have has been provided to the board and he asks that the board render a decision. Mr. Schlanger asks when did the extension of the barn occur? Mr. Pollard advises that he is asking the board to make a decision on the pre-exisitng, non-conforming use. Mr. Schlanger also wants to know how the property is being taxed, Mr. Pollard advises that he doesn’t know and that it doesn’t have anything to do with the matter at hand anyway. Mr. Fortune states that it is not under chapter 61.
7:20 pm - At this time Ms. LaBelle asks for any other input from the board members as well as the public, hearing none she closes the hearing.
Member of the public, Ms. Collen O’ Connor questions why this would not go under the right to farm bylaw? Mr. Ronzio advises he that when the application was filed originally, it said nothing about a farm.
Ms. LaBelle polls the board for a vote:
On the motion for application by Mr. Ronald Fortune to vary the terms of Zoning By-Law 3.4.2 in the following respect : to allow an extension of an existing structure on the property located on Andrews Road, Assessors Map 404 Lot 42.3.
Robert Ronzio- Based on the evidence presented, I have to vote to deny this application. Any re-construction, extension or structural changes to a pre-existing , non-conforming structure other than non-conforming single-family , and two-family residential structures, which the structure is not, does not qualify for a variance as a matter of right. The test for the reconstruction, the category into which the non-conformity may be changed only if the board finds that the change wouldn’t be substantially more detrimental to the neighborhood than the existing non-conforming structure. The evidence and testimony presented in this case is such that I believe the changes, and/or alteration set forth in the special permit application is substantially more detrimental to the character of the
neighborhood than the presently non-conforming structure . Furthermore, I believe my decision is consistent with the general policy that favors the elimination of non-conforming use, not increasing them.
Gale LaBelle- I vote to deny this application because the structure was in existence before the zoning bylaw. You are asking for a modification of applicability that is not accepted here. A special permit would not be applicable, also it would be more detrimental to the neighborhood.
Martin Schlanger-I vote to deny this application , I find that the premises and its intent has changed since Mr. Fortune first appeared before the board. The extension of the barn had not been approved . The use as he stated that the barn would be used for is woodworking, plus housing the cattle and their feed. The cattle were added after the fact, Although farming is a right in our bylaws, I don’t approve of the double use, therefore I disapprove of this application.
Beth VanNess- I approve of this application, I do not think it is more detrimental to the neighborhood or any more non-conforming. The Town of Becket has a right to farm bylaw and I believe that this instance falls into it.
Ann Krawet- I vote to deny this application because MGL Chapter 40A, Subsection 3, Paragraph 1, does not yet apply. There is not enough evidence to support the contention that this property is/would become as of today, a working farm. Under MGL, Chapter 40A, Subsection 6 and 3.4.3, the proposed structure would be substantially more detrimental to the neighborhood, which is residential. Under subsection 6, regulations apply to any change or substantial extension of a non-conforming use. I reference the Powers test , see Bobrowski, page 199, 1st paragraph-“Handbook of MA Land Use and Planning Law”
Mr. Jack Laviolette, from Maxymillian Inc.- Informal discussion requested for a proposed storage facility site.
Mr. Laviolette (Project Manager, Maxymillian Inc.) approaches the planning board. Mr. Laviolette advises that his company is in the process of building four bridges in the Town of Becket. He explains that they would like to use a piece of property that is adjacent to the Mass. Highway Garage, as a storage facility for this project. He explains that this will be temporary, approximately 3 years and will definitely help to reduce the traffic in Town. Ms. LaBelle asks if this is a state project; Mr. Laviolette confirms that it is. Ms. LaBelle advises Mr. Laviolette that she would like to consult with the Berkshire Regional Planning Commission before any decision is made. Mr. Laviolette adds that everything is portable and temporary. Mr. Ronzio states that Maxymillian is taking a piece of private property and
using it as a Contactor’s yard. Mr. Schlanger questions whether trucks will be housed overnight; Mr. Laviolette advises that it is possible that trucks and processing equipment may be stored. Howard Lerner brings up the issue of where the nearest residences are, board members briefly discuss. Mr. John Amato asks if maxymillian will be processing materials; Mr. Laviolette explains that they will be doing some processing as well as purchasing some material from Tonilino. Mr. Ronzio states that they will need to call the State to see if a special permit is necessary. Mr. Schlanger asks what will the frequency of the trucks be at the worst; Mr. Laviolette explains that at this point it is too difficult to venture a guess. Mr. Laviolette informs the board that they always put up signs warning of the project. Ms. Karlberg asks what number Main Street the proposed location is; Mr. Ronzio advises her that it is a vacant lot, therefore there is no actual
house number assigned. Mr. Laviolette advises that time is of the essence and extremely important to the success of this project. Ms. Krawet asks when the project would begin and when would it end; Mr. Laviolette advises that it will take approximately 2 years.
At this time, Mr. Howard Levin introduces himself to the board members present. He explains that he represents, Mr. Beck ( owner of the proposed land) and that he also the chairperson of the Planning Board in the Town of Otis. Mr. Levin advises that he has had conversation with the Building Inspector, William Girard , to make him aware of the proposed project. Mr. Levin also states that the Conservation Commission has been to the site as well. Mr. Levin goes on to explain that there is to be no trailer and no fuel to be stored on the property and that this is a no-harm proposition. Mr. Lerner advises that in South Hadley, this would be a non-issue in a non-residential neighborhood. Mr. Ronzio reminds Mr. Lerner that Becket is all considered residential. Mr. Laviolette explains that there regular business
hours would be Mon-Fri. from 7:30 am- 4:00 pm. Ms. LaBelle assures Mr. Laviolette that she will do some research and get back to him as quickly as possible.
Mr. Howard Levin-Alternate Use Proposal- Mr. Howard Levin advises that under a completely separate proposal, he does have an alternate use proposal to present to the board. He goes on to explain that he has a prospective client that he is working with , who wishes to remain unnamed at this point . Mr. Levin explains that this client owns an Oil Company and would be interested in using this property to house his propane trucks for his business. Mr. Levin advises that this would be a permanent storage facility and the they understand that they would have to go through the special permitting process. Mr. Levin also advises that the storage tank would be thirty-thousand gallons, however would not be seen from the road. Mr. Levin advises that propane is very safe when handled properly and asks if
he would also have to make it a filling station. Mr. Ronzio looks through the current zoning by-laws and advises that the proposal may fall under a prohibited use. Mr. Ronzio advises that there is a possibility that it may fall under an Industrial use, but that may be a grey area and would need to be researched. Mr. Levin states that the owner would certainly put up a building if it was necessary, stating that the building would have to be tall enough to house the tank.
New Business- The secretary passes out informational packets an upcoming Special Permit hearing to be held on June 13th for Mr. Charles Mendes, 640 Main Street. Board members review the packets presented, Ms. LaBelle asks Ms. VanNess if she is an abutter to this property; Ms. VanNess confirms. Mr. Schlanger reminds the Chairman that he will not be available on to attend a meeting on June 13th.
Correspondence- Read and Reviewed. Ms. LaBelle announces that the Town of Lee is having a Special Town Meeting tomorrow night and invites the planning board members to attend if possible. Ms. LaBelle advises that they will plan on defending their ½ mile decision spelled out in the newly drafted Large Wind Turbine By-law. Ms. Krawet states that it would be a good idea to bring a current copy of the Town of Becket Bylaws to the meeting, to assist in the explanation to the residents of Lee, of how and why they came to this decision.
Budget- Read and reviewed.
Other Business-
Mr. John Amato reminds the planning board members that Maxymillian is a private company and that they are talking processing of materials, not just storage. Ms. Krawet asks where Tonolino is located; Mr. Ronzio explains that it is the Quarry and that they process gravel there.
Ms. Krawet advises the board members that BRPC suggested and supports the ½ distance that we have in our by-law.
Ms. Mary Alarie, still present from Mr. Fortune’s hearing, advises that she will be going to the Building Inspector to ensure that the Fortune property gets properly cleaned up.
Board members briefly discuss the issue of a sign going up in Crystal Pond, on the newly erected barrier. Members agree that signage was never brought up, and that a sign permit was not issued. Ms. Krawet makes a motion to send a letter to Crystal Pond, telling them that they must remove the sign immediately, Mr. Lerner seconds motion; Unanimous Approval.
Mr. Robert Ronzio makes a motion to adjourn the meeting, Mr. Lerner seconds motion; Meeting is adjourned at 9:15 pm.
Schedule next meeting for Wednesday, June 13th, 2012.
Respectfully submitted,
Heather Hunt
Administrative Assistant
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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
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Howard Lerner
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