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Planning Board Minutes 6/13/12
Becket Planning Board
Approved Meeting Minutes
Wednesday, June 13th, 2012


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

Members of the public present: Karen Karlberg, Charles Mendes, Diane Carroll, Maddy Elovirta, Patrick McClogan, Don Murray, Charleene Murray.

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 May 9th, 2011-  Mr. Robert Ronzio makes a motion to approve meeting minutes from May 9th   2012 , Beth VanNess  seconds motion ; Unanimous Approval.

Form A- Patrick McClogan, Taconic land Services, Form A for Mr. Thomas Soules, 385 Tyringham Road, Map 404 Lot 5.
Mr. Patrick  McClogan  approaches the board members presents  and introduces himself as the  surveyor representing  Mr. Soules. Mr. McClogan passes out plans that he has prepared. He explains that that Mr. Soules would like to divide the property into two lots, one lot would include the house and have approx. 10.9 acres and a second lot that would have approx. 8.2 acres ( Which would include 5 acres of conservation land). Board members read and review plans presented, Ms. LaBelle polls the board for a vote:

Ms. LaBelle also makes a motion to appoint Mr. Robert Ronzio as clerk, standing in for the absent Mr. Martin Schlanger, Ms. VanNess seconds the motion; Unanimous Approval.

Gale LaBelle- Approve
Robert Ronzio- Approve
Beth VanNess- Approve
Howard Lerner- Approve

Board members sign and date  approved plan.



Public Hearing Continuation-  Mr. Charles Mendes, property located  at 640 Main Street, Map 212 lot 27, Applicant requests a Special permit for a Furniture  Restoration Businees.

Ms. LaBelle opens the public hearing at 7:15. Ms. LaBelle confirms with the secretary that all fees and reimbursements have been paid  and that the public hearing was advertised properly and timely in the Berkshire Eagle, secretary confirms.
Ms. LaBelle introduces the board members present to the applicant and explains to Mr. Mendes that there is currently only a four member board present this evening. Ms. VanNess advises that she, as one of the four members present, is also a direct abutter. The Planning board invokes the rule of necessity, after Ms. VanNess advises that she has no prejudice or personal gain from the proposed application. Ms. LaBelle asks Mr. Mendes if he is alright with Ms. VanNess remaining on the board  as a voting members, Mr. Mendes advises that he has no problem . Ms. LaBelle also advises Mr. Mendes that with only a four member board present, all four members would have to vote to approve the application in order for him to receive the special permit. Ms. LaBelle offers Mr. Mendes the option of waiting until the July meeting, where a five members board is expected to be  present. Mr. Mendes states that he would like to go ahead and proceed with the hearing this evening and the four members that are present.
Ms. LaBelle asks the secretary to please read aloud the application received.  Ms. LaBelle then asks the applicant, Mr. Charles Mendes to briefly outline what it is he is requesting when looking to open this furniture restoration business, she goes on to ask him to please explain to the board how the chemicals will be disposed of. Mr. Mendes briefly explains the  furniture stripping techniques and assures the board that he  does not ever flush any of the chemicals as to not pollute any of the systems. Mr. Ronzio asks Mr. Mendes if he has a refuse or a disposal site? Mr. Mendes advises that he uses the CET disposal site. Mr. Ronzio also asks Mr. Mendes about the level of noise that will be present. Mr. Mendes confirms that he does a lot by hand and that he does not use a lot of machinery, other than a compressor. Mr. Mendes also states that he will have a ventilation system in place. Mr. Ronzio brings up the fact that at this point the special permit request does not include a request for a sign, he asks how people are going to know about the business without a sign in place? Mr. Mendes explains that it is not that kind of business and that he usually travels to the customer’s home, brings the piece back to the shop to fix it and then delivers it back to the owner. Mr. Lerner asks the applicant if he is currently operating a store somewhere now? Mr. Mendes advises that he has a rental place in Pittsfield.
Lastly, Mr. Mendes explains that he plans on replacing the plumbing, heating and put in a working septic and also will be painting the outside. Mr. Mendes advises there will be no external lighting , just a safety light.

Ms.  LaBelle opens the hearing to the public present-

Charlene Murray- Ms. Murray asks Mr. Mendes about the fan that he plans on having, Mr. Mendes assures her that the fan will be facing the pond.

Donald Murray- Mr. Murray states that he is very concerned with any fan and noise of any kind. He advises that he very possibly will scare away the geese and the ducks as well. He questions what are  the decibel limits that the Town has set forth? Mr. Mendes confirms that this is a legitimate concern and that he had not really thought of that.

Donald Murray- Mr. Murray reminds Mr. Mendes that it is completely and totally quiet now, so that any change in the noise level will be noticed.

Maddy Elovirta- Ms. Elovirta advises that she has been refinishing furniture in her garage for over 30 years and that are no smells and that just the noise from the fan should not be any problem.

Mr. Howard  Lerner- Explains that restrictions should be put on the chemicals so that they are not free to use whatever they want somewhere down the road.

Ms. LaBelle asks if there is any more input, hearing none, she closes the hearing and polls the board for a vote:

A motion is made to approve the application by Charles Mendes to vary the terms of Zoning By-Law 3.1.3 in the following respect: To allow the existing building to serve as a furniture  restoration business. Hours of operation would be Monday through Friday from 7:30 am to  7:00 pm and  7:30 am  to 5:00 pm, on the weekends.
(All other specifics and limitations are stated in the Special permit application, dated April 25th, 2012)

Gale LaBelle-  I vote to approve this application under  3.1.3  because it is allowed in our bylaws and it will improve the current building. The use of chemicals as specified in the permit must be adhered to as well as sound levels, per decibel  as specified in the Town of Becket Bylaws.

Robert Ronzio- I vote to approve this application because it is conforming with 3.1.3 of the Town of Becket Zoning Bylaws. This artisan shop will be a great addition to the community, especially those who are looking to have antique furniture restored. I do want to make it clear though that the expansion of the business to include a commercial operation , using toxic chemicals will not be allowed.

Beth VanNess- I vote to approve this application because I think this will be a good addition to the neighborhood. The property would be improved and it is good to have a new business in town.  This business would be approved under 3.1.3, any chemical disposal will be done appropriately and the noise levels will be kept at a minimum.

Howard Lerner-  I vote to approve this application because it appears to conform with all applicable and relevant zoning  By-laws.





Public Input-  Member of the public, Maddy Elovirta, stands up and states her name. Ms. Elovirta advises that she is in attendance at the meeting to report a violation of the Zoning By-Laws and to make sure that the planning board is aware of some pending issues that are happening in Town. Ms. Elovirta  goes on to advise of a gentleman that is a wood carver, he lives in a trailer (on a state road) has a workshop, and has never come before planning board for a special permit. Ms. Elovirta advises that he is violating numerous by-laws and that she has had conversation with the building inspector, however nothing has been done at this point. Ms. Elovirta speaks of an instance, not long ago, when this gentleman cornered her on the road, where she was doing a police detail. He told her that he was like a gypsy and that he didn’t need to have a special permit. Ms. Elovirta expresses deep concern, although she has reported this, that nothing will be done about it. Ms. Elovirta also advises the planning board that there is someone who is running a junkyard from his property in Becket, and very much like the previous situation, this individual does not have a special permit and again, the by-laws are being violated. Ms. Elovirta again states that she is very concerned about both of these issues and the liability that they may bring to the Town of Becket, she states that something must be done!
Mr. Lerner asks Ms. Elovirta who is in charge of hiring and firing the building inspector? Ms. Elovirta advises Mr. Lerner that the Town Administrator is.  Mr. Lerner makes a motion to write a letter to the Board of Selectman, advising them to apply the information to the Town Administrator, who would then hold the  building inspector accountable to enforce the Zoning By-laws and take care of these pending issues before something happens.
Ms. Karen Karlberg states that she is aware of a very similar situation, that is currently happening at the Garrity property. Karen advises that the property is being sold and that she is concerned that the new owners , that purchase the property at the auction, are going to think that they are buying a business, when in fact they are not. Mr. Donald Murray states that he would like to speak with someone who will make sure that the building inspector’s job is being done correctly and that the by-laws are being properly enforced. Mr. Robert Ronzio states that he agrees with Maddy and that he has also gone to speak with the wood carver and that it is certainly a big issue. Ms. Elovirta adds that he is living in a trailer; and that there is a trailer bylaw. She explains that if anything were to happen than the Town could be sued.     
Mr. Howard Lerner agrees and states that all the concerns that are being voiced are very legitimate and will need to be addressed. Ms. VanNess suggests that the selectmen are made aware of these issues and that then it can be added to their agenda and addressed . Ms. Elovirta also requests the name of the State Building Inspector and the phone number as well.

Ms. VanNess makes a motion for the Planning Board to write a letter to the Selectmen , making them aware of all the issues previously discussed and also request to be put on the Selectmen’s agenda for the next meeting, the motion is seconded by Mr. Ronzio; Unanimous Approval.

New Business- Mr. Howard Lerner explains that he is speaking on behalf of the Sherwood Forest Lake District and is requesting an exemption from the planning board permitting process for the Repair of the Little Robin dam. Mr. Lerner reads the letter of request aloud ( letter attached).  Ms. LaBelle states that she does understand the request and further states that  the planning board just went through a vey similar project with Maxymillian. Member of the public, Mr. Donald Murray states that there is a dam behind the property where Maxymilliam had proposed a recent project, Mr. Murray asks if anyone can actually show him a permit that they should have had back when the dam was built.
Mr. Lerner explains that they are trying to do everything by t he letter of the law and that if they are granted the exemption , they can continue to do good work. Ms. LaBelle advises that according to the law, this request should be granted.
Ms. LaBelle makes a motion to give an exemption to SFLD to store their equipment and material on the property, as stated in the letter/request, Ms. VanNess seconds motion, Mr. Ronzio abstains; Unanimous Approval.

New Business- Ms. LaBelle reviews “Notice of Action” from Mr. Ronald Fortune, who is bringing a law suit against the planning board and its members. Planning Board members briefly discuss and agree that it should be referred to Town Counsel.

New Business- The secretary passes out a new application for a future public hearing , board members briefly review application submitted by Mr. jack Conboy.  Mr. Ronzio suggests that Mr. Conboy be given the example of the O’Connell/ Mobile Station packet so that he may review and use it as an example of exactly what the Planning Board will expect of him. Ms. Karlberg advises that the planning board needs to make sure that the applicant is not ill-prepared and has complete information. Ms. Karlberg also states that it is a public water supply and that she would like to see the paperwork.  Ms. LaBelle adds that the board would also like to see a traffic study. Ms. Karlberg suggests that the traffic study that the board will require should be done, now in the height of summer as opposed to the month of January when there is no traffic. Ms. Karlberg also advises that the board needs to get a hold of  the “Open Space Commission” as well as looking into the endangered species that are present.

Election of officers, board reorganization:

Ms. LaBelle advises that the planning board could benefit from having an assistant clerk as well as a clerk due to the fact that the clerk is frequently away.

Ms. LaBelle makes a motion to elect Ms. Beth VanNess as the Assistant clerk, Mr. Ronzio seconds motion; Unanimous Approval.

Ms. Beth VanNess makes a motion to nominate Mr. Robert Ronzio for the Chairman position on the planning board, Mr. Lerner seconds motion; Unanimous Approval.

Ms. Beth VanNess makes a motion to nominate Gale LaBelle to be the Vice-Chairperson, Mr. Howard Lerner seconds motion; Unanimous Approval.

Ms. LaBelle makes a motion to nominate Mr. Martin Schlanger as the clerk, (in his absence, as long as he accepts), Ms. VanNess seconds motion; Unanimous Approval.

Mr. Lerner agrees to stay on as an alternate member of the planning board.

Board members discuss the fact that they also need to nominate a delegate for Berkshire Regional Planning Commission, members agree to table the nomination until the next meeting on July 11th, stating that there are members that may be interested that are not present this evening.

Correspondence-Read and Reviewed.

Ms. LaBelle makes a motion to adjourn the meeting, Mr. Ronzio seconds motion; unanimous Approval. Meeting is adjourned at 8:50.

Schedule next meeting for July 11th, 2012




    
Respectfully submitted,

Heather Hunt
Administrative Assistant

Signed______________________________    Date_______________
          Gale LaBelle

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          Robert Ronzio


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         Beth VanNess

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          Howard Lerner