MONSON PLANNING BOARD
MINUTES AUGUST 18, 2009
MEMBERS PRESENT: Karen King, Tara Hengeveld Paul Hatch, Kevin Haley and Craig Sweitzer.
Also present: Louis Hasbrouck, Building Commissioner/Zoning Enforcement Officer
7:40 101 Wilbraham Road, Echo Hill Orchard. Richard Krupczak met informally with the Board to discuss renovations in progress at his property. Mr. Krupczak has met with the Board previously and was informed that he would have to file for Site Plan Approval for the work he is doing. The Board also asked for information that demonstrated he met the standards in the Right to Farm Act.
Mr. Krupczak provided the information requested by the Board demonstrating that the revenue from crops grown on his farm provides him a living. He also provided a report that Larry Tuttle, Architectural Insights put together in 2003. He stated the most recent plan submitted by Mr. Tuttle was incorrect as it showed a room he used for the public for the Halloween haunted hayrides as a storage area.
Craig Sweitzer stated he had concerns regarding fire protection. On the plan there appears to be numerous dead end corridors and that is a concern for him because this is a building that is open to the public. He stated he was also concerned with the fire separation between the public areas of the building and the residential areas above.
Richard Krupczak stated he was in the process of installing emergency lighting.
Paul Hatch stated the Board has required site plan approval because a business is operating in the building and the Board must be certain that it is safe with the proper egress and parking for public use.
Craig Sweitzer stated he was concerned because there have been so many changes to the building without any kind of plan review either by the Planning Board or the Building Department. It is time now to put down on a plan exactly what is there, the use of each area, egress from the building, parking and access for pedestrians.
Louis Hasbrouck stated there is an architect involved and an occupancy permit would not be issued for the commercial part of the building until the architect submitted a stamped signed letter that all inspections have been performed and the building is in conformity with the Building Code. There are two issues the zoning issue and the building code issue. The zoning speaks to the use of the building and the building code takes care of life safety issues.
Craig Sweitzer questioned if the Board wanted to revisit its decision to require Site Plan Approval?
The Board discussed the use of the property, the changes made over the last few years without any review, the increase in the use of the property including candle making, wine making, donut making and haunted hayrides.
Richard Krupczak stated when he purchased the property it needed to be fixed up and that is what he is doing.
Louis Hasbrouck stated Mr. Krupczak applied to the Monson Fire Department for a hood permit and he was curious about the kitchen and what is being served.
Mr. Krupczak stated he was making cider donuts and called the Fire Chief because he is putting in a new hood. There is a company in Palmer who will install the ansul system once the hood is in.
Louis Hasbrouck stated he believed that site plan approval is the way to go. There have been many undocumented changes, a site plan is the opportunity to get everything down on paper and documented. It is a base line establishing the commercial area and uses and the residential area.
Craig Sweitzer state typically changes in use or intensity of use and physical changes to a commercial building come before the Planning Board for site plan approval.
Richard Krupczak stated cars park in the field on the north side of the building and the area is roped off during the apple picking and haunted hay rides.
Craig Sweitzer questioned if parking was allowed at the front of the building at all?
Richard Krupczak stated not during busy days or when school busses are there.
Craig Sweitzer stated he has problems with parking areas that change based on the volume of traffic.
Louis Hasbrouck stated accessibility is something that will have to be discussed there must be designated parking spaces and over flow parking.
Craig Sweitzer stated he was concerned also with pedestrian safety given that parking areas change depending on the volume of traffic.
Paul Hatch stated he was not comfortable with the information that the Board has.
Kevin Haley stated he was not clear how the parking was regulated and how the handicap parking spaces are handled. He stated his concern with parking arrangements where someone arbitrarily says O.K. traffic volume is high rope off the parking area.
Richard Krupczak stated if it is not roped off people will not stop.
Craig Sweitzer stated the Board needs a paper plan, he was confident that there was enough parking in the field but it has to be on a plan.
Paul Hatch stated lines do not need to be painted in the field but the Board must see a plan showing parking and turning accessibility and handicap spaces. If there is no site plan on record there is no way to know exactly what is there and if the Police and Fire Department are happy with the situation. A copy of the site plan is given to each of the Town Departments for review and comment at the public hearing.
Craig Sweitzer questioned if there was a motion to rescind the Planning Board’s vote to require Site Plan Approval for Echo Hill Orchard.
Hearing no motion Mr. Sweitzer stated the vote taken and passed unanimously by the Planning Board at the June 16, 2009 meeting requiring Mr. Krupczak to file for Site Plan Approval stands.
Paul Hatch moved to accept that Mr. Krupczak has documented that he satisfies the criteria with regard to the Right to Farm Act.
Tara Hengeveld seconded the motion.
It was so voted unanimous.
8:25 Monson Methodist Church Main Street. William Flowers and Lori Stacy met informally with the Board to discuss a proposal to restore the steeple on the church.
Mr. Flowers stated the addition of a cupola, steeple and cross would substantially restore the church to its original design of 50 years ago. It is an expensive project and on behalf of the church Mr. Flowers requested a waiver from the requirement for Site Plan Approval.
Paul Hatch stated nothing was being removed and the proposed work does not affect parking or pedestrian traffic.
Craig Sweitzer stated it is a religious building that is located in a commercial zone and the addition of a cupola and steeple does not affect pedestrian safety or parking. Any vote that the Board takes with regard to Site Plan Approval will not absolve the Church from its responsibility to acquire any and all necessary permits and to comply with all state and local regulations.
Paul Hatch moved to waive the requirement for site plan approval for the addition of a cupola, steeple and cross to the Monson Methodist Church. The construction substantially returns the building to its original design and does not have an affect on the existing parking or pedestrian safety.
Tara Hengeveld seconded the motion.
It was so voted unanimous.
8:35 Quaboag Heights Palmer Road. The developer Ted Bukowski met with the Board to discuss notification he received that at the meeting of August 18, 2009 the Board would discuss and take action regarding the failure of Mr. Bukowski to complete testing and remediation work on the detention basin at Quaboag Heights by July 31, 2009.
Mr. Bukowski stated as the Board is aware the economy is such that for the past year or so houses are not selling and construction of new homes has been virtually at a standstill. The bank has withheld financing for the last few months.
Craig Sweitzer stated the Board would agree this is a difficult time for the construction industry but the Planning Board is charged with the safety of the residents of Monson and the agreed upon deadline has not been met.
Mr. Bukowski questioned if the Board would grant him another month to get something in writing from the bank?
Paul Hatch questioned if Mr. Bukowski was still dealing with same bank and what were the conditions?
Mr. Bukowski stated he is still with the same bank and before he can borrow more money must have a signed purchase and sales agreement.
Craig Sweitzer questioned if a signed contract was imminent and what was the date of the last sale?
Mr. Bukowski stated the last sale was 4 months ago.
Karen King stated she was disappointed because Mr. Bukowski should have had this conversation with the Board a few months ago.
Mr. Bukowski stated three or four months ago he did not know the bank would take this action.
Craig Sweitzer stated the concern for the Board is the risk to property down gradient of Quaboag Heights. The negotiations to reach agreement on the work that had to take place and how and when that would happen took a year and the agreed upon dead line has not been met.
Kevin Haley questioned the seasonal constraints associated with the work?
Paul Hatch stated the investigative work could be done at any time of the year; it is the repair that can only be done during the dryer months typically July, August, September and October.
Karen King stated final agreement was reached in March.
Mr. Bukowski stated he did not know in March the bank would stop financing.
Craig Sweitzer stated even if Mr. Bukowski signed a purchase and sales agreement for a new unit and received financing that money would go to build the unit not to pay for the detention basin.
Kevin Haley stated he does not have a real estate background but thought winter was traditionally a time when there were fewer real estate sales.
Paul Hatch stated he believed the best course for the Board was to continue action to call for the bond carrier to pay for the investigation and necessary repairs. This does not mean that Mr. Bukowski should stop his efforts to secure financing to complete the testing for the slope stability. Until that is complete no one really knows what is needed to bring the detention basin into full compliance with the plan approved by the Planning Board.
Paul Hatch moved to notify Town Counsel to start action to have the investigation of the slope stability and necessary repairs to the detention basin at Quaboag Heights paid for by the bond carrier.
Karen King seconded the motion.
It was so voted unanimous.
9:15 The Board reviewed an ANR plan of land located on Bethany Road owned by Bedrock Financial, LLC. The plan creates four standard lots.
Kevin Haley stated the dotted lines on the plan identify the previously approved sub-division for the creation of a new road and nine house lots. It is confusing and open to misinterpretation.
Paul Hatch moved to deny the plan because there is no clarification that the formerly approved sub-division approval has expired. A note should be added to the plan that the approval for the subdivision known at Evergreen Lane has expired.
Tara Hengeveld seconded the motion.
It was so voted unanimous.
Paul Hatch moved to approve the minutes of July 21, 2009 as submitted.
Karen King seconded the motion.
It was so voted unanimous.
Paul Hatch moved to table discussion relating to changes to the flood plain bylaw suggested by FEMA to the September meeting.
Tara Hengeveld seconded the motion.
It was so voted unanimous.
Karen King stated there has been some discussion in Palmer regarding additions and changes to the bylaws in anticipation of the construction of a casino. One of the issues was housing and the number of unrelated persons living in a single family home.
Louis Hasbrouck stated there are many ways to approach the housing issue. The Northampton bylaws define a lodging house and there are stringent requirements for occupancy. Additionally the Town could include a definition in the bylaws of a single family unit and could limit the number of unrelated persons in a unit. He stated the Pioneer Valley Planning Commission could work with the Board on that.
Paul Hatch stated there are more bylaws to address than the housing. The Board needs to talk about remote parking lots
With no further business at 9:40 P.M. Paul Hatch moved to adjourn.
Kevin Haley seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
| 
