MONSON PLANNING BOARD
MINUTES OCTOBER 17, 2006
MEMBERS PRESENT: Craig Sweitzer, Paul Hatch, Tara Hengeveld and Kevin Haley
MEMBERS ABSENT: Karen King
Tara Hengeveld moved to recommend that the Town not exercise its right of first refusal for a parcel of land known as Lot 3 Hovey Road, owned by Raymond Miller that is to be removed from Chapter 61B and sold for $10,000.00.
Paul Hatch seconded the motion.
It was so voted unanimous.
Paul Hatch moved to accept the minutes of September 19, 2006 as presented.
Tara Hengeveld seconded the motion.
It was so voted unanimous.
7:45 CONTINUATION OF A PUBLIC HEARING FOR A PRELIMINARY SUBDIVISION KNOWN AS QUARRY HILL ESTATES ON MACOMBER / UPPER PALMER ROAD. LEO CORTINA
Also Present were: Leo Cortina, James & John Arooth, and Greg Henson, Sherman & Frydryk.
Craig Sweitzer reconvened the hearing for the preliminary sub-division for Quarry Hill Estates.
Greg Henson stated he had reviewed the comments from Tighe & Bond and would address most of the issues raised at the definitive stage. He stated they would file with MEPA for the sanitary sewer line.
Craig Sweitzer questioned if there was more information for the widening of Macomber Road at this stage.
Greg Henson stated they would the design drainage at the definitive stage. The run off sheet flows off of the driveway and back to the detention pond.
Craig Sweitzer questioned if they were confident that the drainage could be designed so that there is no increase in run off to Macomber Road or Upper Palmer Road and no hydrological changes to raise the groundwater?
Greg Henson stated yes.
Craig Sweitzer questioned if it could be done with the gravity fed sewer system?
Greg Henson stated they are proposing an easement for sewer lines and would place fencing on either side of the easement.
Paul Hatch questioned who would retain ownership of the easement?
Leo Cortina stated it would be conveyed to the Town and he intended to put down gravel for ease of maintenance and a fence on both sides of the 20-foot wide easement.
Paul Hatch questioned if that was an easement in favor of the Town or a transfer of ownership?
Leo Cortina stated a transfer of ownership.
Craig Sweitzer stated the Board understands that it is the intent for each lot to have a private water supply and public sewer.
Greg Henson stated that is the plan but tests still have to be done to make sure the Town sewer system can service the sub-division. If the lots cannot be serviced by the pubic sewer system they would fall back to leach field design.
Craig Sweitzer questioned how that would affect the lot sizes?
Greg Henson stated if they have to go to a leach field design for each lot it would mean a reduction in the number of building lots.
Craig Sweitzer questioned if they proposed to abide by all the requirements of the Monson Sub Division Regulations?
Greg Henson stated with the exception of a waiver for sidewalks yes.
Kevin Haley stated a requirement of the Monson Sub-Division regulation is that at the preliminary stage the suitability of soils for on site sewage disposal must be shown.
Greg Henson stated they have not done any percolation tests at this stage.
Kevin Haley stated the Sub-Division Regulations require that if on site disposal is proposed it must be shown at the preliminary stage the soils are suitable for those systems.
Craig Sweitzer stated that was the problem he had with this submission there are so many variables on this parcel of land that could make the plan fail. The Board understands the applicant does not want to over engineer at the preliminary stage but it would seem in this case than not enough information has been provided.
Paul Hatch stated if the Board was to approve the preliminary plan tonight that approval would be based on the plan that shows the sub-division to be serviced by the public sewer system. If that is not possible the approval would be no longer be valid.
Craig Sweitzer stated drainage is a huge issue also on this project and any approval would be based on the applicants’ assertion that there is no change in groundwater patterns or run off from the site.
The Board discussed the applicants’ request to waive the requirement for sidewalks.
Craig Sweitzer stated thinking about the total build out for the site and land within the subdivision, sidewalks would benefit all of the residents both from a safety point of view and to better utilize the open space that is to be built in.
Paul Hatch stated he agreed.
Greg Henson questioned if a sidewalk on one side of the roads was appropriate?
The Board stated yes and the sidewalks should be designed to better access the undeveloped portion of the property.
Colin Leyburn, Country Club Drive questioned if there were future plans beyond this plan?
Leo Cortina stated not on this piece of property this is the full build out.
Paul Laflamme, Country Club Heights stated Mr. Cortina owns several hundred acres neighboring this piece of property. He questioned if the Board would not be better served with regard to making a decision if they had the full picture because he believed future development was larger than what was in front of the Board?
Craig Sweitzer stated the Board explicitly requested the full build out.
Leo Cortina stated this is the full build out for this parcel of land that is approximately 70 acres in area. He stated he owns land on the other side of Macomber Road up to the quarry but it is on a separate deed.
Craig Sweitzer questioned how the Board felt about viewing this plan as the total build out?
Paul Hatch questioned if the ownership of this parcel was different to the ownership of the land on the other side of Macomber Road?
Leo Cortina stated it was a different deed and different ownership.
Paul Hatch stated if this is a different deed and different ownership then the Board would have to consider it as the full build out.
Craig Sweitzer stated the major issues with this Preliminary Sub-Division plan is hydrological issues, drainage, run off and sewer if the Board approves this at the preliminary stage it is not obligated to continue approval if there are changes with the aforementioned issues. It is not possible to overstate the issues of sewer, groundwater, drainage and hydrology enough and the applicant will have to satisfy the Board that surface as well as groundwater patterns are not changed.
After consultation with his client Greg Henson withdraw the request for a waiver from the requirement for sidewalks within the sub-division.
Paul Hatch stated it is not the intent to approve the preliminary plan and then turn down the project in the future. The applicant must look at the water issue and come in with strong documentation that this will not affect the people on Macomber Road. The documentation required is more than percolation tests. The documentation must show flow paths and what happens when obstruction is put in the way. Mr. Hatch stated this is going to be a costly engineering project.
Paul Hatch moved to close the hearing 8:20 P.M.
Kevin Haley seconded the motion.
It was so voted by majority vote.
Voting aye: Craig Sweitzer, Paul Hatch and Kevin Haley.
Tara Hengeveld abstained.
Paul Hatch moved to approve the plan as submitted without any waivers.
Craig Sweitzer seconded the motion for the purpose of discussion.
Craig Sweitzer stated he agreed with Paul Hatch that at the definitive stage hydrological surveys would be required to show flow patterns of sub-surface as well as surface drainage.
Paul Hatch stated the Board would need to retain the services of a geological firm at the applicants’ expense to review the data that is provided. This is in addition to the normal engineering review.
Craig Sweitzer stated typically the biggest issues for sub-divisions are grades and sight lines but this project is very different. The drainage issues are cause for concern. The applicant stated at the last hearing that no water from land would flow onto Macomber Road.
Kevin Haley stated the worse scenario would be if the applicant were unable to tie into the Town sewer.
Paul Hatch stated this approval is based on the homes being served by Town sewer if that is not the case the approval would no longer be valid.
Paul Hatch stated he believed a letter separate from the approval process should be sent to the Building Inspector/Zoning Enforcement Officer with copies to all interested parties regarding the grading for the lots on Macomber Road. Any petition for the filling of land must take into consideration and show there is no interruption to groundwater flow or change to surface water flow patterns off of the property. The widening of Macomber Road and associated drainage would have to be completed before any building permits are issued for lots within the sub-division.
Kevin Haley stated he understood Greg Henson to say that the grading of the lots with frontage on Macomber Road was directed away from the road and any driveway run off would be caught and directed back onto land owned by the applicant.
Craig Sweitzer stated the approval of the preliminary plan should also include that the Planning Board reserves the right to require any engineering, hydrological and traffic studies it feels necessary. Any major changes to the plan including but not limited to the proponent’s ability to connect to the Town sewer system would invalidate approval of the preliminary plan.
With no further discussion the Board voted to approve the Preliminary Sub-Division Plan known as Quarry Hill Estates with no waivers from the Monson Sub-Division Regulations and conditions.
Voting aye: Craig Sweitzer, Kevin Haley and Paul Hatch
Tara Hengeveld abstained from the vote because she was not present at all of the hearings.
8:45 PUBLIC HEARING FOR SITE PLAN APPROVAL FOR 52 MAIN ST NICHOLAS MARKOPOULOS CONTINUED.
Craig Sweitzer reconvened the public hearing for site plan approval for 52 Main Street to make exterior changes to an existing building in conjunction with the operation of a pizza restaurant.
Nicholas Markopoulos provided color samples of the siding color and trim. He submitted photographs of the existing building and drawing showing the location of the new windows and sliders.
Craig Sweitzer stated the applicant is proposing double four vinyl siding and the color is sandstone. He questioned where the dumpster was going to be located on the lot?
Mr. Markopoulos indicated on the plan the location of the dumpster but was unable to provide the distances it would be located from abutting lot lines. He stated his intent to resurface the existing parking area and mark the handicap spaces. Exterior lighting would be mounted on the building but it would not shine beyond the property lines.
Paul Hatch stated he Board could give conditional approval based on receiving a plan showing the location of the dumpster with the distances marked from abutting property lines.
Craig Sweitzer stated he wanted to be sure the Board understood correctly there was no exterior lighting proposed other than the lights on the building. He questions the hours of operation?
Mr. Markopoulos stated 10:A.M. to 10P.M and there would be two entrances into the building the existing one from the street and the other from the parking lot.
Kevin Haley stated that it could be mistake to have no lights in the parking lot.
Mr. Markopoulos stated there would be enough light from the exterior building lights that on the back of the building would shine into the parking lot.
Tara Hengeveld reminded the applicant that the bylaws require no illumination to leave the site.
Craig Sweitzer recapped the scope of the work that consists of vinyl siding, keeping the existing footprint of the building and existing roof pitch; replace windows; add new back entrance to the building; resurface the existing parking lot; exterior lights on the building and the installation of a dumpster that meets the zoning bylaws with regard to setbacks. The proposed hours of operation are 10:00 A.M. to 10:00 P.M.
Paul Hatch stated the applicant should submit a plan showing the distances from lot lines of the dumpster and details of the lighting.
Paul Hatch moved to close the hearing at 9:10 P.M.
Tara Hengeveld seconded the motion.
It was so voted unanimous.
Paul Hatch moved to approve the site plan subject to receiving a plan showing the setback for the dumpster and exterior lighting that meets the requirements of the Zoning Bylaws.
Tara Hengeveld seconded the motion.
It was so voted unanimous.
Paul Hatch moved to adjourn at 9:20 P.M.
Tara Hengeveld seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
Clerk
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