MONSON PLANNING BOARD
MINUTES DECEMBER 10, 2009
MEMBERS PRESENT: Craig Sweitzer, Paul Hatch, Kevin Haley Tara Hengeveld and Karen King.
Also Present: Louis Hasbrouck, Building Commissioner, Ted Bukowski and Atty. Richard Johnson.
The Chairman convened the meeting at 7:30 P. M. and the Board signed the bill schedule.
Atty. Johnson stated since the last meeting with the Board Mr. Bukowski the developer of Quaboag Heights has received figures from Gary Weiner, P.E. Ecotec Environmental Associates estimating a worse case scenario for the detention basin that failed. The break down approximates $7,700.00 for Seaboard Drilling, Allied Testing Laboratories and Ecotec Engineering Review; $21,000.00 for construction of the gabion wall; $3500.00 for restoration of the emergency overflow and $33,500.00 for a complete reconstruction of the embankment if the results of the drilling and analysis require that. The Planning Board wanted security that money would be readily available for any and all repairs. The Country Bank for Savings in its letter dated December 9, 2009 has agreed to allow $65,700.00 to be held from the proceeds
of the sale of Unit 19 to complete the testing, analysis and necessary repairs to the detention basin based on the estimate from Ecotec Environmental Associates. The money would be placed in an escrow account and held by either Country Bank or Atty. Johnson whichever the Board preferred, as guarantee that money was available for the repairs of the detention basin. Atty. Johnson stated his client has always intended to make all of the necessary repairs but due to the severe recession of 2008 money was not available. Mr. Bukowski has an infrastructure loan and a line of credit to build each unit with Country Bank his profit does not come until the end of the project. With this agreement the Bank anticipates the Board would allow the issuance of Occupancy Permits for the units.
Gary Weiner stated he was at the site today and Seaboard Drilling completed the borings. Initial indications from the core samples do not indicate any problems.
Louis Hasbrouck stated Seaboard had not competed the drilling when he was at the site but he did not observe any organic material and indications were that the fill that was placed seemed to meet Mr. Weiner’s approval it was clean dry coarse sand. The machines hit bedrock at around 19 ½ to 20 feet, the embankment is 15 to 18 feet.
Craig Sweitzer questioned how many test holes were bored?
Louis Hasbrouck stated 6 in total.
Thomas Villamaino 51 Palmer Road questioned why all the borings were done on the repaired side of the embankment only?
Louis Hasbrouck stated the borings were not only on the repaired side.
Atty. Johnson stated it is expected to take approximately four weeks to receive the analysis of the borings.
Craig Sweitzer stated the Board knows the work still to be completed on the detention basin is the gabion wall and construction and restoration of the detention basin emergency overflow. The unknown is the reconstruction of the embankment depending on the analysis. Mr. Sweitzer questioned if Board members had any questions.
Karen King questioned when the Occupancy Permit was issued for the model unit why the money for the completion of the basin and embankment was not put aside from that sale?
Atty. Johnson stated all net proceeds from the sale of the units go to the Bank. Mr. Bukowski had to secure the agreement of Country Bank to set aside the money for the repairs.
Karen King questioned if the Town would be reimbursed for the expense it occurred regarding the action on the bond?
Atty. Johnson stated they have not been made aware of that expense.
Paul Hatch stated with a separate account that is to be drawn down to do the work it is reasonable to issue an occupancy permit for Unit 19. Mr. Hatch stated it does not make sense to issue building permits to construct new units creating more impervious surface and adding more run off to the detention basin until everything has been completed in accordance with the design approved by the Board.
Ted Bukowski stated he would agree with that.
Kevin Haley stated he did not have a preference as to who holds the escrow account.
Craig Sweitzer stated it is unfortunate that it got to this stage the escrow account makes money available immediately for the repairs and the bond is still in place adding to the protection.
Atty. Johnson stated the Bond Company wrote to Mr. Bukowski telling him to resolve the problem. The bond is still there and funds would be available to address further problems. Mr. Bukowski is trying to avoid more fees and would ask the Board to leave things as they are with the bond.
Tara Hengeveld stated she would agree with Mr. Hatch to issue an Occupancy Permit but hold off on new construction.
Paul Hatch made a motion to notify Town Counsel to halt action on the bond because the developer has agreed to hold $65,700.00 in an escrow account to complete the detention basin and embankment as designed.
Tara Hengeveld amended the motion to wait until January after the results of the analysis are received before notifying Town Counsel to stop action on the Bond and to include that the Board would recommend to the Building Commissioner that no Building Permits be issued for new construction until the detention basin and embankment are completed in accordance with the approved design.
Paul Hatch seconded the motion.
It was so voted unanimous.
8:00 Chairman Craig Sweitzer convened a public hearing for Site Plan Approval for Richard & Teresa Krupczak, 101 Wilbraham Road, Monson. The purpose of the hearing is to review access improvements and retail uses in an existing building. The property is located in a rural residential zone. The hearing was advertised in the Republican newspaper the weeks of November 24, 2009 and December 1, 2009.
Present were Donald Frydryk, Sherman & Frydryk, Land Surveying & Engineering and Richard Krupczak.
Donald Frydryk stated the site plan shows the existing building with an area in front for a proposed entry ramp. The plan also shows a proposed wheelchair ramp with a 6’ x 14’ proposed landing. Parking spaces are shown to the rear of the building and along the side of the property. Seasonal handicap parking spaces are located on the plan and a separate aerial view shows proposed seasonal parking for 98 vehicles. A temporary gate is used in the busy season to change the traffic pattern.
Craig Sweitzer questioned what was constructed?
Donald Frydryk stated everything is there except for the handicap ramp and landing and entry ramp.
Paul Hatch questioned the number of parking spaces (not the seasonal parking) and handicap spaces?
Donald Frydryk stated for normal operations Monson bylaw requires 7 parking spaces the plan shows 10 parking spaces and one permanent handicap space.
Paul Hatch questioned the traffic pattern?
Donald Frydryk stated the entrance is on the west side during the busy season the year round parking area is gated off and the seasonal parking used.
Paul Hatch questioned what happens during the busy season if someone with a handicap visits the property?
Mr. Krupczak stated someone has to let them in.
Craig Sweitzer questioned the hours of operation?
Mr. Krupczak stated he opens for business around September 1st for the apple picking season and remains open until October 31st. The business is closed until Thanksgiving when it opens from Thanksgiving to Christmas. During the apple picking season the hours of operation are 10:00 A.M. to 5:00 P.M. except for four weekends in October when he also opens Fridays and Saturday 7:00 P.M. to 10:00 P.M. for the haunted hayrides. The hours of operation from Thanksgiving to Christmas are 10:00 A.M. to 5:00 P.M.
Paul Hatch questioned if Mr. Krupczak was open for more than 60 days each year?
Mr. Krupczak stated he was.
Paul Hatch stated if Mr. Krupczak opens for more than 60 days each year he is required to have a public water supply.
Mr. Krupczak submitted a list of items that were sold this past year gifts; water, soda, drinks; cider doughnuts, jams, baking mixes, baking utensils; maple syrup, honey; candy; fruit & vegetables; packaged sandwiches; wine; wood; farming implements; pre-packaged foods, chips, cookies etc. Mr. Krupczak submitted a list of items that he may sell in the future antiques; milk, cheese and eggs; ice cream; Christmas trees and wreaths; pies and pastries; B.B.Q lunches/hotdogs, kielbasa dogs, sausage dogs; garden center, plants etc; fishing goods.
Craig Sweitzer stated the Board would include the dates the business is open and hours of operation in its written decision. Whatever is sold on the premises would have to be in accordance with the regulations of the Farm Act and meet all applicable regulations of the Board of Health.
Kevin Haley questioned if the signage was going to change?
Craig Sweitzer stated any new sign would require a permit from the Town and it must conform to the Zoning Bylaw regulating signs.
Paul Hatch questioned the type of lighting at the property?
Richard Krupczak stated he has outdoor floodlights on the building.
Karen King questioned if there were lights for the parking area that is used during the weekends haunted hayrides are offered?
Craig Sweitzer stated a condition of the permit would require the applicant to maintain safe illumination.
Tara Hengeveld questioned how many people a night on average would attend the hayride?
Richard Krupczak stated on a busy night 250 people.
Paul Hatch stated West View Farm was required to illuminate their parking area if they were going to be open at night.
Craig Sweitzer stated there are two issues one of safety and one of light pollution.
Paul Hatch stated the Board needs to know where the light will be located to ensure there is no off site pollution. The neighbors do not want the lights from Mr. Krupcazk’s property shining onto their homes or yards. Additionally the Board must have details as to where the temporary gate that controls traffic during the busy times is located. Show on the plan where that is located and how it works.
Kevin Haley questioned where the septic system is located?
Donald Frydryk stated it is located in back of the building.
Craig Sweitzer questioned if bathrooms were provided for the general public?
Mr. Krupczak stated he has sani-cans.
Louis Hasbrouck questioned if Mr. Frydryk had any recommendations for the lighting?
Mr. Frydryk stated he could show where they would be placed but was not a lighting expert and could not recommend type.
Craig Sweitzer stated he believed the minimum required for safety was reasonable the Board is not looking for the parking area to be lit up like the Big Y. This is a seasonal use that is good for the Town but the Board must make sure people can come and go safely.
Paul Hatch suggested something similar to Westview Farm would work.
Louis Hasbrouck stated the lighting must be installed in accordance with the bylaw.
Richard Krupczak stated he would put in a new sign in the spring.
Craig Sweitzer stated a sign permit must be obtained and the sign approved by the Zoning Enforcement Officer to ensure compliance with the bylaw.
Paul Hatch moved to continue the hearing to the meeting in January for a revised plan showing the temporary gate, lighting and location of sign and details of the days the business is open and hours of operation.
Tara Hengeveld seconded the motion.
It was so voted unanimous.
Paul Hatch questioned if the Board members would have any objections to changing the time the Board starts its meeting from 7:30 P.M. to 7:00 P.M?
There were no objections to changing the time to 7:00 P.M. for all future meetings.
Paul Hatch made a motion to change the time of the Planning Board meetings to start at 7:00 P.M. on the third Tuesday of each month in Room 3, Town Administration Building, 110 Main Street, Monson.
Tara Hengeveld seconded the motion.
It was so voted unanimous.
Louis Hasbrouck advised the Board to include in its written decision for Richard Krupczak the language of the Farm Act statute Chapter 40A § 3.
Tara Hengeveld move to accept the minutes of November 17, 2009 as presented.
Karen King seconded the motion.
It was so voted unanimous.
Karen King stated the January meeting of the Planning Board is scheduled for January 19, 2010 and she would be unavailable for that meeting.
In order to give the Board the best possible chance of meeting its quorum requirements Tara Hengeveld made a motion to hold the next meeting on Tuesday January 12, 2010 at 7:00 P.M. in Room 3, Town Administration Building, 110 Main Street, Monson.
Karen King seconded the motion.
It was so voted unanimous.
Kevin Haley moved to adjourn 8:55 P.M.
Karen King seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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