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Planning Board Minutes 8/8/12
Becket Planning Board
Approved Meeting Minutes
Wednesday, August  8th, 2012


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

Members of the public present: Paul Merrill, Chris Merrill, Patrick McClogan, Robert Gorden, Mary Alarie, Pam and Dan Williams, Madeliene Swindlehurst, Carol Fletcher, Linda Johnston, Dennis Regan, Jenny Scarpo, Richard Lipez, James Morse, Joe Wheaton, Nancy Murray, Ray Jerold, Mark and Karen Karlberg, David Sampson, Diana Mott, Mary Elizabeth Sullivan, Henry Michael Scarpo, Coleen Cox, Bonita Lovison,Stephen Vogeniss, William Kaglowski, Jeanne Pryor, Barbara Roberts, Jack Conboy, Eva Birkett, Gary Danko, Michelle Smith, Jerry Ecklund, Jeffrey Reel, Laura Kendrick, Stephen Klausmeyer, Paul Peterson, Alfred Patenaude, Patrick Taylor, Mike Conboy, Barb Phillips, William Elovirta, Colleen Daigle, Susan Miller.

Meeting opens at:  7: 05 pm

Chairperson , Robert Ronzio,  opens the  meeting and announces that agendas are on the table for anyone who wants them. He 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. Mr. Ronzio asks if there is anyone who is going to make a video or an audio recording of the meeting. Ms. Karen Karlberg states that she will be recording the meeting. Lastly Mr. Ronzio informs everyone present that no person shall address this meeting without the permission of the chair and that all people, at the request of the chair shall be silent.    
 

Approval of Meeting Minutes from  July 11th, 2012-  Mr. Schlanger  makes a motion to approve meeting minutes from July 11th,   2012 , Beth VanNess  seconds motion ; Unanimous Approval.

Form A- Paul and Kris Merrill, 229 East Shore Drive, Map 211 Lot 112.  
Mr. Patrick McClogan , Taconic Land Services,  approaches the board and explains that he is representing the Merrills.  Mr. McClogan  explains that  that they would like to transfer a small piece of land from the Gurrys to the Merrills to give them some road frontage on East Shore Drive. Mr. McClogan explains that the driveway runs through part of the property and that it has always been that way, advising that this plan predates zoning. Mr. Ronzio asks if they have considered putting in a ‘right of way”; Mr. McClogan says no, however they have been using this strip of property since the 1950’s. Mr. McClogan advises that he has letters from both of their neighbors and that the Gurrys wish to sell  this piece of property to the Merrills, Mr. Ronzio reads the letters submitted aloud; board members review.  
Ms. Ann Krawet reads from the bylaws section 3.4.2 aloud for the board members.

Ms. LaBelle  makes a motion to approve the Form A  as presented, Ms. VanNess  seconds motion; Unanimous Approval.

Gale LaBelle- Approve
Robert Ronzio- Approve
Beth VanNess- Approve
Martin Schlanger- Approve
Ann Krawet- Approve

Board members sign and date  approved plan.

Public Hearing; Jack Conboy, Map 204 Lot 58.1,  Applicant requests  a special permit to construct a proposed filling station.

7:31 pm
Mr. Robert Ronzio opens the public hearing and confirms with the secretary that all fees and reimbursements have been paid to the Town. He also confirms with the secretary that all abutters have been notified via certified mail. Mr. Ronzio reminds everyone that agendas are on the table for anyone who wants them. He goes on to explain the way that public participation will be handled to include the fact that  in the interest of fairness to all, individuals will be limited to 2-3 minutes to make their point and may allow an individual to speak again after everyone who wishes to speak has had a turn. Mr. Ronzio goes on to advise all present that they need to state their name and address for the record, direct all comments and questions to the planning board and not the applicant and also to be civil, courteous and respectful. Mr. Ronzio advises the petitioner that there is currently a five member board present and asks if any of the board members have a conflict of interest; hearing none, the hearing moves forward.
At this time, Mr. Mike Conboy approaches the board and explains a little about the project. He explains that three years ago, the Conservation Commission did a visit to the proposed site and deemed that there were no wetlands on the property. Mr. Conboy advises that Mr. Mike Parsons has prepared the plans that are to be presented and that he is present to answer any questions that may be asked. Mr. Conboy also states that Ms. Valerie Bird is their  biologist and that she has another meeting to attend, however he  does expect to have her present for the second half of the meeting.
Mr. Mike Parsons approaches the board members present and introduces himself. He presents a plan that has been prepared for  the Conboys and briefly reviews with all present.  Mr. Parsons shows the plan, reviews the 55 ft. x 75 ft. convenience store with gas and diesel pumps. Mr. Parsons briefly reviews the plans to include the setbacks, parking, curb cuts, diesel canopy (20ft.), gas canopy ( 18 ft.). Mr. Parsons advises that the height of the store is 14 ft. 6 inches and the parking lot will have ten spaces.  Ms. LaBelle asks when the traffic study would take place, advising that it should be done during the busy summer months. Ms. Ann Krawet asks Mr. Parsons to please outline the entrance and the exits on the plans, Mr. Parsons reviews. Mr. Conboy advises that he has gone over the flow of traffic with Mr. Kevin Whalen from the state.
At this time, Mr. Robert Ronzio reads aloud all correspondence received, to include 26 letters. Mr. Ronzio then opens up  the public participation portion of the hearing, reminding all present to please state their name, address and to be brief.

Colleen O’Conner-21 Maple Street-  Ms. O’Conner advises that she is all for the proposed gas station. She states that if a traffic light is needed there, it has nothing to do with the gas station. She explains that 4.9 acres is plenty of land and that all the apparent negativity that is being displayed is based on fear and speculation.

Robert Gorden-2588 Main Street- Mr. Gorden asks how many diesel pumps there will be? Mr. Parsons advises that there will be two regular gas pumps. Mr. Gorden also asks how many big trucks can be accommodated at one time? Mr. Parsons explains that two trucks can be at the pump and then an additional three or four more.

Roy Arnold- 613 Otis Road- Mr. Arnold explains that  the Jake-break situation which is already pretty bad is only going to get worse, he also points out the difference in per gallon prices, advising that the gas station in Winsted CT  differs by 27 cents per gallon to the gas station in Lee, Ma.

Jeffrey Reel- 77 Shawnee Shore Road- Mr. Reel asks what the hours of operation will be, expressing concern if they were considering a 24/7 operation. Mr. Reel  that all the downshifting is going to be quite a nuisance.  

Carol Fletcher-Ms. Fletcher introduces herself and advises that she is present on behalf of her mother, Evelyn Fletcher, 150 Otis Road. Ms. Fletcher explains that her mother has written a letter, expressing all of her worries and concerns of a proposed gas station  so close to her home on Otis Road. Ms. Fletcher reads her mother’s letter aloud.

Patty Portieri- Ms. Portieri introduces herself and explains that she is the mail carrier that delivers all the mail in the area of the proposed gas station. Ms. Portieri advises that she goes in and out of the area on a regular basis and that she has never had any problem at all.

Dennis Regan-Dimmock Road- Mr. Regan expresses concern for the amount of paving to be done.

Madeleine Swindlehurst-2601 Main Street- ms. Swindlehurst explains that a filling station is a permitted right and that the planning board has to review the application. She also advises that a four season traffic study will need to be done, to include the winter months when there is snow on the side of the road. Ms. Swindlehurst also states that she would like to see additional crash reports, Mr. Ronzio confirms that he has already ordered the additional reports.

Madeleine Swindlehurst – Ms. Swindlehurst states that she doesn’t understand why the bylaws even allow for  a gas station.

Linda Johnston-116 Otis Road-  ms. Johnston states that she lives directly across from the proposed site and that the intersection is so dangerous. Ms. Johnston states that there is a terrible blind spot at the crest of the hill and also that the trucks make a horrendous noise when they are driving through there. Ms. Johnston advises that this gas station would cause irreversible damage to the people in the area.

Colleen Cox- 2669 Jacob’s Ladder Road-  Ms. Cox states that growth is great, however it needs to be carried out reasonably. Ms. Cox explains that this location is no place to put a gas station, and that there are already too many traffic problems that will be only compounded and made so much worse. Ms. Cox also states that this will surely decrease the property values in addition to putting more strain on our Emergency Departments.  

Ms. Karen Karlberg- Ms. Karlberg presents some of the data and information that she has taken the time to collect, in addition to photographs that she has taken. Some photos display blind spots, illegal passing, and other dangerous aspects of the intersection. Ms. Karlberg also takes the time to review some of the problems and accidents that have occurred at this intersection in the recent past. Ms. Karlberg goes on to speak of the Farmington River watershed, stating that this property is in the watershed area. Lastly Ms. Karlberg states that there are endangered  species of birds that are nesting there and that they really need to fight to keep Shaw Pond clean and healthy. Ms. Karlberg concludes by stating that it is the responsibility of the Planning Board to protect the citizens of Becket.

Colleen Daigle- 41 Huckleberry  Lane- Ms. Daigle expresses concern that there is not very much footage between the curb cuts and the proposed exit, not sure how two trucks would fit through.

Michelle Smith- 344 Otis Road- We do not need a gas station, it is dangerous and traffic is already an issue!

Mitch Greenwald- Atty. Greenwald introduces himself and explains that he is an attorney, representing residents Colleen Cox, Linda Johnston and Karen Karlberg. He states that the application that has been submitted  is only one page, and further more mentions nothing at all about a convenience store. He advises that the application should be considered very incomplete and should have been rejected. Mr. Greenwald also states that if more information is to be given then the public hearing needs to stay open . Mr. Greenwald advises that gas stations are not an of-right-use.

Eva Birkett-699 Main Street- states that they need to speak to the state , saying that the road needs repair  and that the residents need to concentrate  on the safety of the road, and maybe consider that it may need to be reconfigured.

Dave Sampson- 12 Becket West Road-  Mr. Sampson states that he currently works at a gas station and that he has seen all kinds of crazy things happen, to include spills, etc.

Susan Miller- 147 Otis Road- Ms. Miller states that she lives right next to the proposed site. Ms. Miller explains that the headlights from all the traffic will be shining directly in her house. She also states that many times she has to wait at the end of her driveway for quite a while before she can pull out into the road. Ms. Miller states that her property has already dropped $ 40,000.

Joe Wheaton- 161 Otis Road-  Mr. Wheatin states that he is right next door to Susan Miller, he advises that he will definitely sell his home if the gas station is to come in.

Steve Klausmeyer- Mr. Klausmeyer states that all of the 200 year old trees have been cut down, all the headlights can be seen from  his house.

Gary Danko- 54 Otis Road- Mr. Danko introduces himself and advises that he is in between Linda Johnson and Evelyn Fletcher, Mr. Danko expresses concern that ground water contamination might occur.

Tim Fogerty-2669 Jacob’s Ladder Road-Mr. Fogerty explains that he is extremely concerned about the lights on the gas station.

Richard Lipez-161 Otis Road- Mr. Lipez states that the proposed gas station will be very big and bright and that it will be detrimental to the neighborhood.

Mrs.Barbara Roberts- Mrs. Roberts asks what would happen in the case that the gas station is not successful and doesn’t fly financially , what then would become of the building if they went out of business?

Pat Portieri-  Ms. Portieri  advises that she has been a mail carrier for 2 1/1 years and she has never had conversation with Ms. Karlberg. Ms. Portieri goes on to say that if did not feel safe at that intersection, then she would not deliver the mail.

Colleen Cox-2669 Jacob’s Ladder Road- Ms. Cox  advises that Becket does not need or want a gas station at that particular location.

Nancy Murray- Ms. Murray states that her concern is for her daughter who is dropped off by the school bus 1 ½ miles from her home and is worried that a trucker  or worse may pick her up.

Linda Johnson- states that she feels that it is ridiculous that this very incomplete application is even being discussed.

Robert Gorden- Mr. Gorden suggests that we call Kopleman and Paige.

Mike Conboy- Mike asks Ms. LaBelle to please read the petition that was submitted aloud so that everyone can  hear what it says. Ms. LaBelle reads the petition aloud as well as the comments on the open space plan and the information packet submitted by Jeanne Pryor.

Jeffrey Reel-77 Shawnee Shore Road- Mr. Reel asks if Mr. Conboy needed permission to cut down all the trees on the property and also asks if something happens and he does not do the gas station, would he have to restore the property back to the way it was?

Karen Karlberg- Ms. Karlberg reads from the Town of Becket Zoning Bylaws, section 6.1.2. Ms. Karlberg also reads aloud from the November 9th Conservation Commission meeting Minutes. Ms. Karlberg sites numerous violations , she also introduces an erosion and sediment report that needs to be put into place prior to any work being done.   

Mr. Robert Ronzio asks Mr. Conboy why they did not inform the Town when any of this work was being done. Mr. Conboy explains that up until 2 weeks ago, everything that was there,  stayed there, up until two weeks ago, Maxymillian  came in and brought clean fill to them.

Linda Johnson- Ms. Johnson states that there is clearly so much opposition and doesn’t understand why the board doesn’t just go ahead and make their decision tonight. Mr. Ronzio explains to her that there are many issues that need to be looked into , and  that with just receiving the plans from Mr. Conboy yesterday, there is much to review. Mr. Ronzio advises that they are trying to work with the applicant, and need to have ample time to review and analyze all the data submitted.  
Attorney Greenwald states that at this late date , the application is still very incomplete. Mr. Greenwald suggests that the planning board should give the applicants the option to withdraw without prejudice.    

Ms. Jeanne Pryor speaks on behalf of the Town Clerk, stating that it is the responsibility of the Planning Board, not the Town Clerk  to make sure that the applicant’s application is complete.

Madeleine Swindlehurst- Ms. Swindelhurst strongly recommends that the applicant should seriously consider withdrawing the application without prejudice , she goes on to advise that once all the required paperwork has been completed, he can then come back and  reapply .

Mr. Mike Conboy reminds the planning board members that not long ago, they approved an application for a gas station next door and that they had all the same components. Mr. Ronzio advises that they had already had curb cuts, etc.  Mr. Ronzio advises that there is still an awful lot of information that is missing and suggests that the applicants may want to consider the option of withdrawing without prejudice. Mr. Conboy asks whether or not the people that own the Country Store had to do a traffic study or not; Mr. Ronzio states that they did not.

Mr. Mike Conboy advises that he would like to have the meeting continued. At this time, Mr. Martin Schlanger makes a motion that the planning board should vote on the application received at tonight’s meeting, and either approve or disapprove it; there is no second to the motion, motion fails.  Mr. Mike Conboy then states that he would like to continue without prejudice, coming back after all of their information is gathered. Ms. Gale LaBelle makes a motion to allow the Conboys to withdraw their application with  out prejudice, Ms. Beth VanNess seconds motion; Unanimous Approval. Mr. Ronzio confirms that the vote was in favor of allowing the Conboys to withdraw their application without prejudice.
10:30 pm - Mr. Schlanger exits meeting.

Wind Energy Synopsis Discussion; Ms. Beth VanNess- Due to the time being so late, Ms. VanNess tables discussion until next month.

Ms. Ann Krawet asks about the Wind Energy sub-committee, Mr. Robert Ronzio reads aloud the advertisement that he has drafted. Board members briefly discuss and make some small changes.

10:45 pm- Ms. Gale LaBelle makes a motion to adjourn meeting, Ms. Beth VanNess seconds motion; meeting is adjourned.

Schedule next meeting for September 12th, 2012.


    
Respectfully submitted,

Heather Hunt
Administrative Assistant

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          Gale LaBelle

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          Robert Ronzio


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         Beth VanNess

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          Martin Schlanger


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Ann Krawet