MONSON PLANNING BOARD
MINUTES SEPTEMBER 19, 2006
MEMBERS PRESENT: Craig Sweitzer, Paul Hatch, Kevin Haley, Tara Hengeveld and Karen King.
The Board reviewed an ANR plan for property located on Cedarhurst Drive/Palmer Road owned by Robert Dane. The board denied the plan because it wanted to see one Book and Page number for the three parcels.
The Board signed the bill schedule in the amount of $308.62
The Board received a letter from John Morrell re: a change in the drainage for lots on Bradway Road owned by Boulder Hill Development. Mr. Morrell stated he approved of the changes.
Karen King recused herself to avoid the appearance of a conflict.
7:45 CONTINUATION OF PUBLIC HEARING FOR PRELIMINARY SUB DIVISION QUARRY HILL ESTATES. LEO CORTINA.
VOTING Craig Sweitzer, Paul Hatch & Kevin Haley.
Craig Sweitzer reconvened the hearing.
Greg Henson Sherman & Frydryk was present representing the applicant Leo Cortina. Also present were Leo Cortina, James Arooth, and John Arooth property owners.
Mr. Henson stated the plans were revised based on the comments at the previous hearing.
The request for a waiver from the Section 6.23.2 Intersections has been withdrawn because the plan has been revised to maintain a slope not to exceed 3% for 100 feet on Cortina Road. A drop inlet and 24” culvert has been added at the intersection of Cortina and Upper Palmer Road. The 50’ and 100’ wetland buffer zones have been added to the plan. Pavement and Right of Way widths have been added to the plan. The plan has been revised to reflect that each lot would be served by individual wells. The sewer line has been redesigned in Cortina Road and through the lots on Macomber Road. The paved width of Macomber Road is to be widened to 24 feet. The earth berm and drainage swale along Upper Palmer Road will remain except for the construction of intersecting roads. Mr. Henson stated many of the comments from David Loring, P.E. Tighe & Bond would be addressed at the definitive stage of the project similarly the comments from the Water & Sewer Dept. with regard to the sewer would
be answered at that stage. A plan of the full future build out has been provided.
Craig Sweitzer questioned the pitch of Cortina Road?
Greg Henson stated it was pitched toward Upper Palmer Road and the drainage would be picked up by catch basins.
Craig Sweitzer questioned if any water from development was going into the Town drainage system?
Greg Henson stated no, they would intercept it before it hits the road and pipe it back into the retention basin.
Craig Sweitzer questioned if the sewer was gravity fed?
Greg Henson stated yes.
Craig Sweitzer stated most of the lots are approximately 24 thousand square feet and private wells are proposed is that going to be a problem?
Greg Henson stated as this stage they had not performed any tests, that would come at the definitive stage, but they did not believe there would be a problem with water.
Craig Sweitzer questioned if stormwater drainage was proposed when Macomber Road is widened on land already owned by the developer?
Greg Henson stated there would be catch basins in area of Arooth Road but at the preliminary plan stage no drainage calculations had been done.
Craig Sweitzer questioned if the applicant could guarantee that the Town drainage would accept no run off from the sub-division especially as the existing berm was going to be breached for a roadway?
Greg Henson stated they proposed two catch basins that will catch run off and return it to the retention pond.
Craig Sweitzer questioned what storm event the retention pond would be designed for?
Greg Henson stated it would be designed for the 100-year storm.
Craig Sweitzer read a letter from Craig Jalbert, Water & Sewer Superintendent dated September 19, 2006. Mr. Jalbert stated because they are waiting for the Definitive Plan to evaluate the proposed sewer layout that does not mean the applicant has preliminary approval of the sewer system. He also stated that in his Department’s experience sewer easements on small lots as proposed on the plan are problematic to keep clear.
Craig Sweitzer questioned if any sight distance work had been done to evaluate the access to and from Upper Palmer Road and Macomber Road?
Greg Henson stated no work has been done on that at this stage but all intersections are at 90-degree angles.
Paul Hatch stated one waiver for sidewalks has been requested.
Greg Henson stated that was correct.
Paul Laflamme 49 Country Club Heights questioned if this was the final phase of the build out of the project?
Greg Henson stated it was not. There is another sheet in the set of plans that shows the future build out. This is the second phase that constructs Arooth Road and Cortina Road and the homes that front on those roads.
Craig Sweitzer reiterated that this was a preliminary plan for 12 lots within the sub-division and two roads. The developer has shown the full build out would be 57 lots in total with the extension of Arooth Road and Cortina Road and some loops.
Linda Petrisis, Upper Palmer Road stated they have issues now with water in their yard as a result of a storm drain in the woods how will this affect that situation?
Greg Henson stated the run off from Arooth Road goes into the drainage system on Upper Palmer Road, along an easement on Upper Palmer Road and into a retention basin located within the development. Mr. Henson stated they do not propose to add any water to Upper Palmer Road.
Rosemary Taft, Macomber Road questioned when Macomber Road would be widened?
Greg Henson stated during Phase II.
Rosemary Taft questioned what would happen if the lots fronting Macomber Road were sold?
Greg Henson stated in Phase 1, which was the creation of frontage lots on Macomber Road and Upper Palmer Road an area was reserved for future widening of the road.
Rosemary Taft questioned if there wetlands on the property?
Greg Henson stated they have not mapped any wetlands at the preliminary stage that would take place at the definitive stage.
Gaylin Bingle, 7 Macomber Road questioned what would happen to the water run off when the 3 foot drop in the front of the lots on Macomber Road was filled? The residents of Macomber Road already have severe water problems and most people are running one and two sump pumps in their basement year round.
Greg Henson stated they would keep the water running in the swale.
Craig Sweitzer stated the road surface is going to be increased from 14 feet impervious surface to 24 feet of impervious surface.
Greg Henson stated they would look at that at the definitive stage.
Paul Hatch stated he believed they should look at that now.
Leo Cortina stated he spoke with the Highway Department and the run off from Arooth Road is directed the other way.
Paul Hatch stated he felt it would be prudent for the proponent to have a geologist take look at the soils. The abutters are talking about the fill going onto the lots fronting Macomber Road.
Craig Sweitzer stated it bears repeating the largest problem with the sub-division is the run off and the Board insists that this sub-division does not impact the Town and abutters with regard to stormwater run off at all. All of the Town drainage structures are at capacity. There are questions as to whether this project is doable.
Paul Hatch stated if at the definitive stage the Board is not satisfied it would have no choice but to deny the plan. Normally the Board has a much clearer picture and a certain degree of confidence even at this stage that the applicant is able to design and complete a project that does not adversely impact the residents in the area or the existing Town roads and drainage.
Greg Henson stated they would have no problem designing a system.
Paul Hatch stated he was not concerned with the applicants’ ability to have a system designed but was more concerned that he was looking in the right place to see what has to be done. A geologic survey is not the typical hydrological survey.
Nancy Klisiewicz, Macomber Road stated water comes in through the walls and window wells.
Craig Sweitzer stated the biggest concerns are run off and stormwater treatment.
Paul Hatch stated another concern for him was the request for a waiver for sidewalks. This is ultimately going to be a sub-division of 57 or so houses. School busses would more than likely be picking up school age children it is potentially a dangerous situation.
Kevin Haley and Tara Hengeveld agreed with Paul Hatch stating they were not comfortable granting a waiver for sidewalks when proposing a sub-division for 57 houses.
Kevin Haley stated he could understand there would be no sidewalks on the existing Town road but the expectation is that the roads that are going to be created within the sub-division would be accepted by the Town at completion and school busses would be using those roads to pick up the children.
Paul Laflamme County Club Heights questioned if the homes would tie into the Town sewer system?
Greg Henson stated that is the assumption.
Paul Hatch moved to continue the hearing to October 17, 2006 at 7:45 P.M.
Kevin Haley seconded the motion.
It was so voted unanimous.
Karen King returned to the meeting.
8:25 PUBLIC HEARING FOR AN ESTATE LOT ON STAFFORD ROAD (RT # 32) FOR EQUESTRIAN HILLS ESTATES, LLC.
MEMBERS VOTING: Craig Sweitzer, Paul Hatch, Kevin Haley, Tara Hengeveld and Karen King.
Craig Sweitzer read the legal notice as it appeared in the Republican newspaper the weeks of September 1, & 8, 2006. The petition before the Board is for a special permit as provided by Section 6.5 of the Monson Zoning Bylaws. The property is zoned rural residential and is located on Stafford Road identified on the Monson Assessors Map 101, Parcel 007.
Michael Mocko, Environmental Consultant made a presentation on behalf of Equestrian Hill Estates, LLC. He stated the property is to be divided into two building lots, one having 201.52 feet of frontage and 64,847 square feet and the other an Estate Lot.
Craig Sweitzer questioned the frontage on the Estate Lot?
Michael Mocko stated 43 feet.
Craig Sweitzer stated the grading plan submitted for the property indicates that not a lot of material has to be removed to meet the driveway grade on the Estate Lot but a substantial amount would have to be removed for the future house. He questioned the total tonnage of material coming out?
Michael Mocko stated he had not calculated the amount of material? The grading plan is parallel with Town’s requirement of 12% grade.
Craig Sweitzer reiterated that the grading for the driveway is minimal it is only a 4’ – 5’ cut.
Michael Mocko stated substantial cuts are necessary to create two level areas for horses. The current slopes exceed 2-1 and the final grading proposes 2-1 slopes.
Paul Hatch stated he would need a lot more information in order to make a decision. There are no cross sections for the driveway, slope stability is not addressed, there is no turn-around shown for emergency vehicles and no buffer is shown from abutting property. There must be an engineered plan for the driveway.
Michael Mocko stated they have applied to the Zoning Board of Appeals for an earth removal permit. The hearing was opened and continued for comments from Tighe & Bond.
Craig Sweitzer stated there is substantially more earth work proposed with this plan than what is necessary for the construction of an Estate Lot driveway. The proposed building on the land appears to be a secondary use and is eclipsed by the huge earth removal operation. In fifteen or more years on the Board this is the first time an earth removal operation of this magnitude has come before the Board in the guise of an Estate Lot. He stated he concurred with Mr. Hatch there are safety issues, stability issues and impacts to abutting properties of Strout and Costello that must be addressed.
Kevin Haley questioned if the applicant had determined the depth to ground water because the cuts proposed are so great.
Paul Hatch stated to accurately determine that bore holes 4 feet below the lowest cut must be performed.
William Skillman Bumstead Road submitted an aerial photograph of the property taken in April 2006 after the vegetation was removed.
Carl Strout 113 Stafford Road stated he is the direct abutter to the north and felt that the application for an Estate Lot was an excuse to operate a commercial earth removal operation. The property is zoned residential and there is more than enough land to build one or two homes.
Meredith Berthiaume 177 Stafford Road stated she concurred with Mr. Strout.
Diane Walsh 146 Stafford Road stated her property was across street and the run off from this property is coming across Route 32 and onto her property since all of the vegetation was removed.
Joan Genholt 126 Stafford stated her yard has been flooded with water coming off of the hill since the vegetation was removed.
Carl Strout 113 Stafford Road stated the applicant had not obtained a permit for a curb cut from Mass Highway.
8:45 Paul Hatch moved to close the public hearing.
Karen King seconded the motion.
Paul Hatch made a motion to deny approval for an Estate Lot because the application lacked information regarding slope stability, stormwater runoff and turning access within the site for emergency vehicles.
Craig Sweitzer stated a big issue is safety. He concurred with Mr. Hatch that insufficient information was provided to the Board.
Karen King seconded the motion.
The Board voted unanimously to deny a Special Permit for an Estate Lot on Stafford Road for Equestrian Hill Estates LLC.
The Board found that the submission did not contain the required information with regard to driveway cross sections, stabilization of slopes, drainage and adequate turning area for emergency vehicles. The Board found that the plans submitted were more in accordance with the requirements for an earth removal operation than an estate lot for the construction of a single family home.
8:55 PUBLIC HEARING FOR SITE PLAN APPROVAL FOR 52 MAIN STREET TO RENOVATE AN EXISTING BUILDING INTO A PIZZA RESTAURANT. PROPERTY OWNER IS NICHOLAS MARKOPOULOS.
Craig Sweitzer read the legal notice as it appeared in the Republican newspaper the weeks of September 1 & 8, 2006.
The petition before the Board is to review a site plan for 52 Main Street to renovate the building for use as a Pizza Restaurant. The property owner is Nicholas Markopoulos.
Mr. Markopoulos stated he wanted to put siding on the building and new signs.
Craig Sweitzer questioned if any other changes to the building were proposed?
Mr. Markopoulos stated he wanted to put in new windows.
Craig Sweitzer stated the Board would need a little more information such as the size of the windows, color of the siding, where the cars would pull in and out and what was proposed with regard to a dumpster?
Mr. Markopoulos stated he intended to leave the parking as it is and build a fence to hide the dumpster.
Craig Sweitzer stated he believed what was proposed would be significantly better that what is there now but the Board needed a little more information, such as a color sample of the siding, location of the windows etc.
Paul Hatch moved to continue to October 17, 2006 at 8:00 P.M.
Craig Sweitzer seconded the motion.
It was so voted unanimous.
9:00 PUBLIC HEARING FOR A ZONE CHANGE FROM GENERAL COMMERCIAL TO RESIDENTIAL VILLAGE FOR PROPERTY LOCATED ON THE EASTERLY SIDE OF MAIN STREET BETWEEN WALES ROAD AND PROPERTY FORMALLY KNOWN AS ZERO MANUFACTURING.
Craig Sweitzer read the legal notice as it appeared in the Republican newspaper the weeks of September 1, & 8, 2006.
Craig Sweitzer convened the hearing and stated the Board has acted on this petition before but due to a problem with the vote at Town Meeting the hearing has to be held again and it must go to another vote by the Town.
Gary Pfisterer 300 Main Street stated he was in favor of the zone change. He had spoken in favor at the first public hearing and still believes it is an appropriate change to reflect the current use.
Paul Hatch stated he was in favor or the change and it was in keeping with the Master Plan.
Carol Santucci 4 Wales Road stated Mr. Pfisterer has changed the driveway entrance to his property.
Craig Sweitzer stated that John Morrell, Highway Superintendent issues those permits. Additionally a zone change does not preclude a property owner from putting in or changing a driveway entrance.
Paul Hatch moved to close hearing.
Tara Hengeveld seconded the motion.
It was so voted unanimous.
Paul Hatch moved to approve the zone change and recommend that an article be placed on the warrant for Town Meeting.
Karen King seconded the motion.
It was so voted by majority vote.
Voting in favor: Craig Sweitzer, Paul Hatch, Tara Hengeveld and Karen King.
Voting in opposition: Kevin Haley.
9:10 PUBLIC HEARING FOR SITE PLAN APPROVAL FOR THE EXTERIOR ALTERATION AND RENOVATION OF AN EXISTING COMMERCIAL BUILDING AT 140 BETHANY ROAD. APPLICANT IS THE PROPERTY OWNER BETHANY ROAD TRUST, COLLEEN CAMPOBASSO, TRUSTEE.
MEMBERS VOTING: Craig Sweitzer, Paul Hatch, Kevin Haley, Tara Hengeveld and Karen King.
Also Present at the hearing were: Atty. Paul Maleck, Vincent Campobasso, Bethany Road Trust and Chris Deloge, Bingham & Whitman.
Atty. P. Maleck submitted a plan showing the interior renovations. He stated this was a simple project involving the demolition of an existing addition and replacing with a larger. The existing addition is currently used as storage space it is proposed to demolish that and construct another larger addition to be used as office space. The existing front setback is 33 feet from the front property line and the proposed setback for the new addition would be 27 feet from the front property line. The applicant has obtained a variance from the Zoning Board of Appeals.
Craig Sweitzer stated the applicant has been granted relief for 13 feet. The existing addition is to be demolished and replaced by a parking lot and a larger addition is to be constructed on another area of the building. The applicant is providing 8 parking spaces for three employees. The new addition is to be 30’ x 50’.
Atty. Maleck stated they have addressed the recharge because the property is located in the Water Supply Protection District. The Water & Sewer Department had questions regarding the relocation of the sewer line that is within 10 feet of the building. The intention is to locate the line and replace it with whatever is required by the Monson Water & Sewer Department.
Craig Sweitzer read a letter from John Morrell, Highway Superintendent stating he looked at two different plans for this project for Bethany Road Trust. The plan that proposes to have a drive through for trucks running parallel with Bethany Road to a point where the trucks exit onto the public way creates safety issues that would result in the Highway Department denying permits. The other plan that does not show the drive through and is stamped and signed by the engineer does not present a problem for the Highway Department.
Atty. Maleck stated Plan B showing the drive through is not on the table and the applicant is not asking the Board to consider that plan.
Craig Sweitzer read a letter from Craig Jalbert, Monson Water & Sewer Superintendent stating the exact location of the sanitary sewer connection should be verified in the field and located on the plan.
Atty. Maleck reiterated his clients intend to locate and replace the piping in its entirety in accordance with the requirements of the Monson Water & Sewer Department.
Paul Hatch questioned if this work was included on the plan?
Chris Deloge stated no.
Chris Deloge stated the proposed system addresses drainage and there is no increase in run off from the site. A Stormtech system is proposed with 42 underground recharge chambers. A stormceptor will collect the run off from the parking lot and filter it through to the recharge chambers. The run off from the roof of the new addition will be directed into an existing roof drain. All systems are four feet above groundwater and sized for the 100-year storm.
Paul Hatch questioned if calculations for the stormwater run off were included?
Chris Deloge stated they were included in the submittal.
Paul Hatch questioned the TSS (Total Suspended Solids) removal?
Chris Deloge stated it is within the limits approved by the State.
Paul Hatch questioned the methodology used?
Chris Deloge stated the plan proposed to remove 80% of TSS.
Paul Hatch questioned if 80% was appropriate for this site?
Chris Deloge stated the project is a rehabilitation of an existing site and they are allowed to remove less than 80%. He stated Tighe & Bond approved the system.
Craig Sweitzer stated to clarify the stormwater runs into the stormceptor that removes pollutants.
Chris Deloge stated that was correct it removes the solids.
Craig Sweitzer questioned the maintenance for the stormceptor?
Chris Deloge stated typically it was on an annual basis but this plan calls for a bi-annual check and if the silt fills 30% to 40% of the chamber if would have to be cleaned out.
Craig Sweitzer questioned what happens to the gasoline?
Chris Deloge stated there are several borings with monitoring wells.
Craig Sweitzer questioned the depth of the stormceptor?
Chris Deloge stated typically 4-5 feet deep.
Craig Sweitzer questioned if the area is subject to the jurisdiction of the Conservation Commission?
Chris Deloge stated it is outside of the Conservation jurisdiction. He stated an area of the chain link fence and trees will be taken down to increase sight distances.
Vincent Campobasso stated he believed no additional employees would be added as a result of the addition for office space.
Craig Sweitzer questioned if the addition was just one floor?
Chris Deloge stated yes.
Paul Hatch asked the applicant to supply color chips for the exterior of the addition.
Craig Sweitzer questioned if the foundation of the existing addition was to be removed?
Chris Deloge stated that was correct everything would be removed.
Craig Sweitzer questioned if any exterior lighting was proposed?
Chris Deloge stated there would be a light on the building.
Paul Hatch asked for information on the lights the specifications of the illumination.
Kevin Haley questioned the roof material proposed?
Chris Deloge stated he was not sure.
Robert Magerison Beebe Road stated there was a potential safety hazard if trucks park on the road in front of the new addition and are left there while the drivers pick up there paperwork.
Vincent Campobasso stated the parking is no different to what it is now.
Robert Magerison stated he was a police office in the Town of Monson for many years and the safety officer for about 20 years. Trucks park on the road now, creating an office for the drivers to pick up their paperwork and making it easy for them to park on the road would make a dangerous situation worse.
Paul Hatch suggested the applicant should petition the Board of Selectmen to put up parking signs.
Atty. Maleck questioned if they could come to some agreement because the Board of Selectmen may not agree to the “No Parking” signs?
Paul Hatch stated the Board is asking the applicant to make a good faith effort to petition the Selectboard for “No Parking” signs.
Atty. Maleck stated they agreed to petition the Board Of Selectmen.
Paul Hatch stated the Board is requesting the applicant submit specifications of the lighting for the building, color chip, stamped signed set of calculations and statement of intent to petition the Board Of Selectmen for “No Parking” signs along a portion of Bethany Road.
9:45 Paul Hatch moved to close the hearing.
Karen King seconded the motion.
It was so voted unanimous.
Karen King moved to approve the site plan submitted by Bethany Road Trust to remove and demolish an addition to an existing building and construct a larger addition with conditions:
The applicant shall submit to the Board the specifications of the lighting for the building, color chip of the exterior of the addition, stamped signed set of drainage calculations and a statement of intent to petition the Board of Selectmen for “No Parking” signs on the west side of Bethany Road in front of the building.
2. The construction and drainage shall be in strict conformance with the plans submitted.
Paul Hatch seconded the motion.
It was so voted unanimous.
Robert Dane Cedarhurst Drive spoke with the Board to determine the changes that need to be made to the ANR plan he submitted in order for it to be approved.
The Board stated it wanted to see a plan that puts all three parcels into one with one book and page number.
Craig Sweitzer stated the concern is that it could be misconstrued as a building lot.
10:10 Paul Hatch moved to approve the minutes of July 18, 2006.
Tara Hengeveld seconded the motion.
It was so voted unanimous.
Kevin Haley moved to approve the minutes of August 15, 2006.
Craig Sweitzer seconded the motion.
It was so voted unanimous.
10:15 Paul Hatch moved to adjourn.
Karen King seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
Clerk
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