MONSON PLANNING BOARD
NOVEMBER 17, 2009
MEMBERS PRESENT: Paul Hatch, Kevin Haley, Tara Hengeveld, Craig Sweitzer.
MEMBERS ABSENT: Karen King
Also Present: Ted Bukowski, Gary Weiner and Atty. Richard Johnson.
The Chairman convened the meeting at 7:30 P.M.
Paul Hatch made a motion to send a letter to the Board of Selectmen notifying them of the action taken by the Board regarding Quaboag Heights development on Palmer Road.
Tara Hengeveld seconded the motion.
It was so voted unanimous.
Paul Hatch disclosed that he had worked on a project with Gary Weiner that had no relation to Mr. Bukowski or his project and his ability to vote on this project in an unbiased and fair manner was not compromised.
7:45 Atty. Johnson stated his client Mr. Bukowski had recently closed on the model unit at Quaboag Heights and had three units under a sales agreement and expected a fourth soon.
Mr. Bukowski stated he had spoken with his bank and they will start releasing money. He stated he never said he would not do the testing and make any repairs that are necessary to the embankment and detention pond but at the time of the last meeting with the Planning Board he was not in a position financially to move forward.
Craig Sweitzer stated the Planning Board has started proceedings to fund the testing and analysis of the detention basin embankment through the bonding company and speaking as one member of the Board he was not inclined to halt that process until the Board had something concrete in hand that funding was available to the developer to perform that work and to make all necessary repairs. The Board has notified the developer that it has advised the Building Commissioner and the Board of Selectmen that no occupancy permits should be issued for any finished unit and no new building permits for units that create more impervious surface should be issued until the borings and analysis moves forward.
Atty. Johnson stated he believed it was counter productive to withhold issuance of occupancy permits and new building permits, as Mr. Bukowski needs the funding from sales to do the testing.
Gary Weiner stated Mr. Bukowski has authorized him to sign an agreement with Seaboard drilling that would put them on site in three weeks to do the borings. Mr. Weiner stated he had delayed signing the agreement to await the outcome of this meeting. There is also an agreement waiting to be signed to authorize an analysis to be performed based on the results of the borings.
Craig Sweitzer questioned what assurances would be provided to ensure this will be done?
Atty. Johnson stated the Board has Mr. Bukowski’s word. Previously the financial reality was that he could not move forward nothing was moving in the real estate market. Atty. Johnson stated he could put something in writing that Mr. Bukowski would complete the testing and try to get something from the bank.
Gary Weiner stated David Loring, Tighe & Bond called attention to the installation of the liner on the inside face of the embankment, the pipe capacity and pond volume. He stated the volume was lowered temporarily in response to the failure. The approved design included a gabion wall and once the analysis has been completed and they know what has to be done to the embankment to bring it up to the approved design standard the detention pond will also be finished in accordance with the design approved by the Board.
Craig Sweitzer stated the Board realizes the economic hardship experienced by the developer but the Board is concerned about the risk to properties down gradient of the site and to that end worked with Mr. Bukowski over a long period to come to an agreement to do this work. The Board does not want to punish Mr. Bukowski by invoking the bond but there has to be some assurances that finances are in place to do what is necessary to bring the detention basin and embankment into compliance.
Atty. Johnson stated he would be able to provide written confirmation from Country Bank that finances will be available.
Craig Sweitzer stated the Town has incurred considerable expense because of this situation.
Paul Hatch stated he believed it would be short sighted on the part of the Board to stop proceedings on the bond. If that were to happen the Board would be back where it was in June of this year.
Atty. Johnson stated they were not advocating that the Board stop just put it on hold.
Paul Hatch questioned the date the testing and analysis would be completed?
Gary Weiner stated he estimated seven weeks more or less to complete the drilling and receive the results of the analysis.
Craig Sweitzer questioned what happens if the analysis determines there are problems?
Gary Weiner stated the slope stability analysis includes recommendations to correct any problems.
Ted Bukowski stated if something is found it will be addressed.
Atty. Johnson stated Mr. Bukowski will have to satisfy the Board whatever is found and he is not asking the Board to stop action on the bond just to put it on hold to give him a chance to complete the work.
Tara Hengeveld stated the Board has heard assurances before but nothing has happened to fix the problem. We are approaching winter and something needs to happen quickly.
Gary Weiner stated he would defer to the geotechnical people but would not recommend tearing down the embankment in the middle of winter.
Paul Hatch stated his concern is that if it is determined there is a problem there are funds available to take care of it.
Craig Sweitzer stated this could conceivably be a $ 90,000 project.
Atty. Johnson stated once the testing and analysis is complete they would have a better of idea of the cost.
Paul Hatch stated he believed it would be reasonable for Country Bank to issue a letter of credit in the amount of $132,000.00 for the work.
Mr. Bukowski stated they could project figures based on the worse case scenario.
Kevin Haley stated until the borings and analysis are complete and the recommendations received it is difficult to put a number on the project.
Gary Weiner stated he could come up with a construction cost based on the worse case scenario and a dollar amount on the reconstruction of the basin.
Atty. Johnson stated once they have that number they can approach the bank
Craig Sweitzer stated he wanted something in writing this evening.
Atty. Johnson stated he could not give the Board anything until he had some figures. Even if the Board pursues the Bond Company it will still take time. He stated his client has agreed to move forward and is not asking the Board to stop its actions pursuant to the Bond but rather to put it on hold.
Gary Weiner stated based on the discussion this evening he would sign the scope of services tomorrow from then it would be approximately 7 weeks to complete the drilling and receive the analysis report.
Paul Hatch questioned what would the bank commit to and the length of time for the letter of credit?
Atty. Johnson state he had spoken to the bank and they said they would make money available as long as sales are moving forward. He stated he would have Mr. Weiner give him the numbers for the worse case scenario and then sit down with the bank early next week to get a letter of commitment.
Craig Sweitzer stated the scope of work is the drilling and analysis, the work that has to be done to the embankment based on the results of the analysis whether that is a repair or complete rebuild to bring it up to the design standard and the completion of the detention basin to bring that into compliance with the approved design.
Kevin Haley stated the Board should continue with the bond process, as there are no lines of credit that are irrevocable.
Atty. Johnson stated a letter of credit different from a line of credit.
Craig Sweitzer stated it is apparent the members of the Board are unanimous in that they would not stop the bond process. The Board wants written assurances such as a letter of credit and action on the site. There is no advantage in stopping the developer selling the units but at the same time work has to move forward to correct the problems with the embankment and detention pond.
Paul Hatch stated the Board would send the analysis and recommendations for review by Tighe & Bond.
Gary Weiner stated his objections to the review by Tighe & Bond because it is an added cost to Mr. Bukowski that is unnecessary. Everyone involved with the drilling and analysis is a professional, Tighe & Bond have approved the protocol and Mr. Bukowski is simply following what has already been approved.
Paul Hatch stated for the record he wanted it noted that the review by Tighe & Bond is for the protection of the Town, as the Board does not want to accept any responsibility or liability on behalf of the Town.
Paul Hatch made a motion to change the date of the next Planning Board meeting to Thursday December 10, 2009.
Tara Hengeveld seconded the motion.
It was so voted unanimous.
8:40 Echo Hill Orchard Richard Krupczak. Building Commissioner Louis Hasbrouck stated Mr. Krupczak closed after Halloween and he anticipate he will open the day after Thanksgiving. At this point he has not submitted a site plan but a conversation with Donald Frydryk, Sherman & Frydryk elicited information that he expects to submit something in time for the next Planning Board meeting.
Paul Hatch stated the Board wants to see traffic and pedestrian patterns in addition to a written narrative detailing what is sold on the premises.
Louis Hasbrouck stated he would like to make some changes in the bylaws nothing major just clarifications to improve the administration of the bylaws. There are changes needed to the earth removal bylaw relating to impact on Town roads.
Paul Hatch gave the Board an update of the Monson Redevelopment Committee’s meetings with the State concerning the closing the Developmental Center. The State does not appear to have any clear direction for the reuse of the property. They will keep four of the buildings open and at this point are talking of tearing down approximately 20 buildings. They want the Town to rezone the property for a specific use but are not willing to make any commitments with regard to the property. The closing is expected to be complete by June of 2012. Paul Hatch stated if the Town was to acquire the property it would also take on all of the liabilities. The State has not given the Town any idea of what it intends to with the property other than it expects to retain four buildings and tear down
others.
Paul Hatch moved to adjourn at 9:00 P.M.
Kevin Haley seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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