MONSON PLANNING BOARD
MINUTES FEBRUARY 15, 2011
MEMBERS PRESENT: Craig Sweitzer, Paul Hatch, Kevin Haley, Karen King and Tara Hengeveld
7:00 Craig Sweitzer convened the regularly scheduled meeting and the Board signed the bill schedule.
Atty. Ray Blanchette, William Lemon, Sr. William Lemon, Jr. and Mr. & Mrs. Sullivan were present to request a waiver of Site Plan Approval for a proposed restaurant and bar that is to occupy space formerly known as Big Jimmy’s Pizza Restaurant.
Paul Hatch questioned if any exterior changes were proposed including any change to handicap parking?
William Lemon stated the restaurant is all one level and when weather permits a handicap parking space will be marked in front of the proposed restaurant.
Craig Sweitzer questioned the hours of operation for the restaurant?
Melinda Sullivan stated they anticipate opening at 11:00 A.M. but the hours they are open would be whatever the liquor license allows.
Paul Hatch questioned what Mr. & Mrs. Sullivan were applying for on the liquor license?
Ms. Sullivan stated restaurant with a bar.
Craig Sweitzer questioned if live entertainment was proposed.
Ms. Sullivan stated live entertainment was not a consideration at this time. She stated there are no plans for any exterior changes, parking remains the same and a handicap space would be marked outside the restaurant when the weather permitted.
Harold Leaming stated the parking area must meet the minimum illumination standards in the building code.
Atty. Blanchette stated there is adequate lighting in the parking area.
Craig Sweitzer stated whatever vote the Planning Board takes does not affect compliance with the Building Codes.
Paul Hatch stated from a Planning Board perspective the increased intensity of use is minimal and he would move to waive the site plan approval requirement.
Tara Hengeveld seconded the motion.
It was so voted unanimous.
7:15 Continuation of a Public Hearing to review a request from John Rahkonen for a Special Permit as provided by Section 6.21 of the Monson Zoning Bylaws for a Common Driveway located on property identified on Assessors Map 79, Parcel 002 on Bumstead Road, Monson.
Chairman Craig Sweitzer convened the hearing and gave a brief review of the purpose of the hearing and the reasons for the continuation. The Board held a hearing on Tuesday January 15, 2011 to review a petition for a common driveway. The existing driveway does not meet the standards of the bylaw relating to width and grade and a plan prepared by Sherman & Frydryk, Land Surveying & Engineering was submitted that purported to meet the standards for a waiver. In its review of the documentation submitted the Board found that the plan did not meet the standards for a waiver, the maintenance agreement document was missing and Fire Chief George Robichaud expressed concerns regarding access for emergency vehicles. The hearing was continued to address the aforementioned issues.
The Board received a letter from Fire Chief George Robichaud, dated January 28, 2011 stating after reviewing the revised plan and speaking with Sherman & Frydryk, Land Surveying & Engineering regarding the width of the driveway he felt comfortable approving the new plans.
Donald Frydryk stated to address the grade issue and compliance with waiver standards contained in the bylaw additional information has been added to the profile to show existing profile grades along the centerline of the driveway. The revised plan shows a change in the profile grade between STA 3+90 to STA 5+60 it will be flattened out to meet the standards of the bylaw including the waivers the applicant is requesting.
Paul Hatch questioned what was proposed to address the width problem?
Donald Frydryk stated on the areas of the driveway that do not meet the 18 foot traveled way requirement they would use the existing shoulder to provide the required 18 foot traveled way and 24 foot cleared area.
Donald Frydryk stated on behalf of John Rahkonen he respectfully requested the following waivers:
- The applicant respectfully requests a waiver to Section 6.21.2.2 of the Common Access Driveway Bylaw in accordance with Section 6.21.6.1 to allow an increase in the total length of the common drive to over 1,200 linear feet. A total of approximately 1,850 feet of common access driveway is proposed with suitable hammerhead turnarounds provided at approximate 700 foot spacing.
- The applicant respectfully requests a waiver to Section 6.21.3.1(b) to allow a maximum profile grade over 12% in accordance with Section 6.21.6.2. The sections of profile grade, as proposed, over 12% are limited to less than 250 feet and the sections over 12% are separated by sections of driveway under 12% and over 250 feet long.
Donald Frydryk submitted a Maintenance Agreement and performance bond to cover the estimated cost of $7,865.00 to make the proposed changes to bring the existing driveway into conformance with the Bylaws.
Craig Sweitzer stated this is an existing driveway that has been in existence and tested over many years and it surpasses many roads in Town in terms of drivability and condition.
Donald Frydryk stated the drainage structures are well built and well maintained.
Craig Sweitzer stated the Board would submit the maintenance agreement to Town Counsel for review and approval.
John Rahkonen questioned if he would have to have the changes to the common driveway completed before beginning construction of a home on Lot 2?
Craig Sweitzer stated he would suggest withholding the certificate of occupancy for any new home that was accessed by the common driveway until completion of the changes to the common driveway.
Paul Hatch moved to close the hearing at 7:30 P.M.
Karen King seconded the motion.
It was so voted unanimous.
Paul Hatch moved to approve with conditions the common driveway plans as revised: accept the bond following review by the Town Treasurer; accept the Maintenance Agreement for the Common Driveway contingent upon review and approval by Town Counsel and approve the following waivers:
- In accordance with Section 6.21.6.1 approve a waiver that increases the total length of the common driveway to approximately 1,850 feet with suitable hammerhead turnarounds provided at approximate 700 feet spacing.
- In accordance with Section 6.21.6.2 approve a waiver that allows a maximum profile grade over 12%, the sections over 12% are limited to less than 250 feet and the sections over 12% are separated by sections of driveway under 12% and over 250 feet long.
Conditions:
The Building Commissioner shall not issue an Occupancy Permit for any new home with access from the common driveway until the work on the driveway is complete and the driveway meets the standards of the Monson Zoning Bylaw.
All work shall be in strict conformance with the plans and documents submitted.
Karen King seconded the motion.
Craig Sweitzer stated the reasons for the granting the Special Permit are:
- The driveway has been in existence for more than 10 years and the condition and drivability is superior or equal to many roads in Town.
- The drainage structures are well established and in good condition.
- The revised plan has met the concerns expressed by the Fire Chief with regard to emergency vehicle access.
- To the best of the Boards’ knowledge no problems regarding the driveway have been brought to the attention of the Town.
It was so voted unanimous.
7:45 Continuation of a Public Hearing to review a request for a Special Permit for an Estate Lot known as 147 Bumstead Road, Monson owned by John N. Rahkonen.
Craig Sweitzer reconvened the hearing and gave a brief review of the purpose of the hearing and the reasons for the continuation. The estate lot is to be accessed by way of a common driveway the hearing was continued because additional information was needed for the common driveway and that hearing was continued.
Paul Hatch stated given that the standard for a common driveway is more stringent than for an estate lot he would move to close the hearing. The board has approved the common driveway plan that Mr. Rahkonen submitted and in essence also approved the access for the estate lot.
Karen King seconded the motion.
It was so voted unanimous.
Paul Hatch made a motion to approve the special permit for an estate lot on Bumstead Road shown on the Monson Assessors Map 79, Parcel 002 with conditions:
- The driveway for the estate lot shall be in strict conformance with the plans approved by the Board.
- No Building Permit shall be issued until the applicant provides proof that the decision of the Board has been recorded at the Hampden County Registry of Deeds.
Craig Sweitzer seconded the motion.
It was so voted unanimous.
Kevin Haley moved to accept the minutes of January 25, 2011 as presented.
Paul Hatch seconded the motion.
Tara Hengeveld abstained, as she was absent from the January meeting.
Voting aye: Craig Sweitzer, Paul Hatch, Kevin Haley and Karen King.
8:15 Karen King moved to adjourn.
Kevin Haley seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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