MONSON PLANNING BOARD
MINUTES JANUARY 12, 2010
MEMBERS PRESENT: Kevin Haley, Karen King & Tara Hengeveld
MEMBERS ABSENT: Paul Hatch & Craig Sweitzer
The Board endorsed an ANR plan of land on King Street for the transfer of 0.279 acres from Sharon Johnson and Dorsie Kovacs to James & Elizabeth Williams.
The Board signed the bill schedule.
At 7:30 P.M. Kevin Haley convened a Public Hearing for Site Plan Approval to operate an Antique Store at 64 Main Street. Kevin Haley read the legal notice as it appeared in the Republican newspaper the weeks of December 23, & 30, 2009.
Property owner Evelyn Josefiak and her son Alan Josefiak were present.
Mrs. Josefiak stated the building has been empty for a few years in fact since she ceased operation of a bowling alley that was located in the building for many years. This would be a part-time venture and she did not anticipate being open at night.
Tara Hengeveld questioned what was meant by part time?
Alan Josefiak stated they would start slowly probably weekends and maybe two other days a week.
Kevin Haley questioned if there would be any changes to the building?
Mr. Josefiak stated they did not intend to change the exterior of the building. The interior has been changed by removing the bowling lanes leaving a flat finished wooden floor. There is plenty of room to arrange the stock without restricting the entrance and exit. They would change the exterior sign to Spare-Time Antiques.
Kevin Haley stated a new sign would require a permit from the Building Department and it must comply with the Town sign bylaw. Mr. Haley questioned the type of outside lighting?
Mr. Josefiak stated there is an existing light above the doorway entrance and that would not be changed.
Kevin Haley stated the parking is an issue that needs to be addressed...
Mr. Josefiak stated there is on street parking directly in front of the building, across the street from the building and on Fountain Street. Additionally there are three off street parking spaces on the side of the building.
Kevin Haley stated the bylaw requires off street parking but in this instance there is absolutely no way the applicant could provide 23 off street parking spaces.
Mr. Josefiak stated parking was an issue when a potential buyer for the property proposed an indoor skate park, arcade and paint ball course. The proposed antique store would have far less impact on parking and the neighborhood than the bowling alley that was there for many years. This is a part-time venture for his mother, a way to use the building and turn her hobby of collecting antiques into a practical use.
Tara Hengeveld questioned if any sales or displays were proposed outside the building?
Mr. Josefiak stated no.
Kevin Haley stated the Planning Board has the authority to waive certain requirements if requested by the applicant.
Evelyn Josefiak requested a waiver from the requirement that the site plan shall be prepared by a registered architect, landscape architect of professional engineer.
Karen King moved to waive the requirement for a professional to prepare the site plan stating the building exists and no changes are proposed to increase the foot print and no changes are proposed to change the entrance and exit to the building.
Tara Hengeveld seconded the motion.
It was so voted unanimous.
Evelyn Josefiak requested a waiver from the parking requirements of the Monson Zoning Bylaws stating she had to find a use for the building and there is no opportunity to create more on site parking than the three spaces shown on the plan. Ms. Josefiak stated she did not plan on hiring anyone to work with her. Similar to a lot of stores along Main Street patrons would park on the street while they conducted their business and then leave.
Karen King stated she believed this was the highest and best use of the property.
Kevin Haley stated it was the least invasive traffic wise.
Tara Hengeveld questioned if the Board had received any comments from any other Town Board or Department?
The Clerk responded in the negative.
The Board received correspondence from Lyle & Roy Miller owners of 68 Main Street stating they had no objections to the use of the former Bowling Alley as an antique store but were concerned about parking. They requested some assurance that the existing right of way behind the building at 64 Main Street that is the access to their tenants’ garage remains free and clear. Additionally they sought assurance that the on street parking in front of their property at 68 Main Street be available to their tenants.
Karen King stated the Planning Board has no control over on street parking and cannot give any guarantees that the on street parking spaces in front of 68 Main Street would be available to the residents of 68 Main Street. Similarly the parking plan submitted by the applicant showing 14 parking spaces on Main Street and 14 spaces on Fountain Street was not considered by the Board because it has no authority to designate or reserve on street parking spaces for specific businesses.
Alan Josefiak stated they have always respected the right of way to the garages behind Mr. Lyle’s property and would not block or impede the right of way.
Karen King moved to waive the minimum off street parking requirements because it is impossible for the applicant to comply. The building formerly housed a bowling alley that generated a significantly greater number of vehicles requiring parking than she could ever imagine an antique store would need.
Tara Hengeveld seconded the motion.
It was so voted unanimous.
Karen King moved to close the hearing and approve the Site Plan submitted by Evelyn Josefiak to change the use of the building at 64 Main Street to an antique shop to be known as Spare-Time Antiques.
It was so voted unanimous.
8:00 Continuation of a Public Hearing for Site Plan Approval for Richard and Theresa Krupczak to review access improvements and retail uses at 101 Wilbraham Road.
Donald Frydryk submitted a revised site plan dated 11/6/2009 revised 12/10/2009 and 1/6/2010. He stated the plan shows the proposed lighting that includes coach lights on the building; the periodic use of an existing spotlight on a telephone pole on Wilbraham Road; the applicant has contacted National Grid and the spotlight will be activated for the period of night activities; lighting along the fence of the seasonal parking area comprised of 12-foot 4 x 4 posts mounted to the existing fence with 25 to 30 temporary light fixtures.
Mr. Krupczak stated the lights along the fence of the seasonal parking area are similar to those used by tree farms during the Christmas season.
Mr. Frydryk stated the plan shows as requested the location of the temporary gate used during seasonal activities to allow handicap access/parking; the location of the existing sign and the location of the existing septic system.
Richard Krupczak submitted a schedule detailing the hours of his operation.
From January 1st to April 30th it is by appointment only.
May 1st to August 20th open up to 4 days a week 10:00 A.M. to 5:00 P.M.
September 20th to October 31st open daily 10:00 A.M. to 5:00 P.M. weekends open 10:00 A.M. to 6:00 P.M. During the month of October open Friday and Saturday 10:00 A.M. to 11:00 P.M.
November 1st to November 23rd open weekends 10:00 A.M. to 5:00 P.M.
November 24th to December 24th open daily 10:00 A.M. to 5:00 P.M.
Kevin Haley stated if Mr. Krupczak was open more than 60 days each year as his scheduled indicated he would have to be regulated through the Department of Environmental Protection as a public water supply.
Mr. Krupczak stated he did not know what that was.
Mr. Haley advised that he work with the Monson Board of Health as they regulated these matters.
Kevin Haley questioned the height of the lighting in the seasonal parking area?
Donald Frydryk stated twelve feet.
Tara Hengeveld questioned if the handicap parking was shown on the plan?
Donald Frydryk stated it was.
Karen King moved to close the hearing at 8:15 P.M.
Tara Hengeveld seconded the motion.
It was so voted unanimous.
Tara Hengeveld moved to approve the Site Plan prepared by Sherman & Frydryk, Land Surveying & Engineering dated 11/6/2009, revised 12/10/2009 and 1/6/2010 with the following conditions:
- Times of operation for Echo Hill Orchard shall be as follows:
January 1st to April 30th by appointment only.
May 1st to August 20th open two (2) to four (4) days a week 10:00 A.M. to
5:00 P.M.
September 20th to October 31st open Monday through Friday 10:00 A.M. to
5:00 P.M. - Weekends 10:00 A.M. to 6:00 P.M. - During the month of
October on Friday and Saturday 10:00 A.M. to 11:00 P.M.
November 1st to November 23rd weekends 10:00 A.M. to 5:00 P.M.
November 24th to December 24th daily 10:00 A.M. to 5:00 P.M.
- The sale of goods at Echo Hill Orchard shall conform to M.G.L Chapter 40A §3.
Sales of goods not conforming to M.G.L. Chapter 40A §3 shall constitute a change of use and be subject to Site Plan Approval.
- The applicant shall meet all Rules and Regulations of the Monson Board of
Health.
- The on site parking, lighting, handicap parking and accessibility shall conform to
the plan prepared by Sherman & Frydryk, Land Surveying & Engineering dated 11/6/2009, revised 12/10/2009 and 1/6/2010 prepared by Donald J. Frydryk, P.E.
- Failure to comply with all conditions stated herein, and with all related statues and
other regulatory measures shall be deemed cause to modify or revoke this Site Plan. This Site Plan does not relieve the applicant or any other person of the necessity of complying with all other applicable federal, state or local statutes, bylaws or regulations.
Karen King seconded the motion.
It was so voted unanimous.
8:30 McCray Circle/Heritage Lane request from Charles Richards the developer for release of his bond in the amount of $10,000.00 that was held for final landscaping. Mr. Richards submitted a receipt from Graciano Gardens for the purchase of 4 sugar maples.
Karen King stated Mr. Richard has submitted a receipt and the Building Commissioner has verified that the trees have been planted. Ms. King moved to release the bond as the developer has complied with the request to replant four trees.
Tara Hengeveld seconded the motion.
It was so voted unanimous.
Karen King moved to approve the minutes of December 10, 2009.
Tara Hengeveld seconded the motion.
It was so voted unanimous.
Kevin Haley read a letter from Atty. Richard B. Johnson dated January 12, 2010 stating the proceeds from the sale of Unit 19, Quaboag Heights, 46 Palmer Road, Monson would he deposited in escrow to his office trust account to pay for the repairs to the detention basin at Quaboag Heights. Mr. Bukowski will attend the February Planning Board meeting to update the Board on the results of the analysis of the borings taken from the embankment along with any recommendations
Karen King moved to adjourn at 8:40 P.M.
Tara Hengeveld seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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