MONSON PLANNING BOARD
MINUTES APRIL 19, 2011
MEMBERS PRESENT: Craig Sweitzer, Paul Hatch, Karen King, Kevin Haley and Tara Hengeveld.
7:00 Roger Wood, PLS submitted an ANR plan to the Board for review. He stated the property is located on Palmer Road and is a pre-existing non conforming lot, as it has two houses on one piece of property. There is the original home that was built 100 years or more ago and a trailer that was put on the property approximately 40 years ago. The property owner wants to split the land for mortgage purposes. The property is served by an existing common driveway that goes through three parcels.
Paul Hatch questioned if there was an agreement on that between the three property owners?
Roger Wood stated that there is an easement written into the deed.
Paul Hatch stated he was concerned with the driveway arrangement.
Roger Wood stated the driveway situation is a pre-existing condition. The newly created lot has a retaining wall that runs along frontage.
Tara Hengeveld questioned if a drainage ditch ran along the frontage?
Roger Wood stated no.
Craig Sweitzer stated the Town has a common driveway bylaw and questioned if it would create a hardship to go through that procedure?
Roger Wood stated it would.
Paul Hatch stated he was concerned because the properties involved do not have the right of way by right and before the Board endorses a plan it would need to see something showing a right to use that driveway.
Craig Sweitzer stated the plan creating a new lot line is making more of a detachment between the properties and making it more non-conforming.
Roger Wood stated the original house and the trailer have separate water and sewer lines.
Craig Sweitzer stated he had concerns with the separation of the lots and the common use of the driveway. The existing property is one lot with two homes on it that pre-dated zoning if the Board endorses this plan it makes it more non-conforming. The Town has a common driveway bylaw that would clean this up.
Tara Hengeveld questioned the “old roadway” shown on the plan?
Roger Woods stated it is a paper road that is impassable the Deed of Ms. Lovell’s property references that it bounds northerly on the old roadway.
Paul Hatch stated he would like to see language on the plan that says the houses have a right to use the driveway and something about maintenance.
Craig Sweitzer stated he would like to see a written easement from the Harris property.
Paul Hatch stated that easement should be on plan.
Craig Sweitzer stated he would like to see the original date of the easement granted to the Harris property.
Paul Hatch stated to recap the plan should have on it the easement granted by Harris, a description and right to use statement and the original date of easement. The plan should also show the setbacks for the pool and shed to make sure they are in compliance with the bylaws.
Craig Sweitzer questioned how other members of the Board felt?
Paul Hatch stated with the notes and setbacks on the plan he would vote to endorse the plan.
Tara Hengeveld stated she would like to see something on the plan regarding the maintenance of the driveway.
Paul Hatch agreed.
Kevin Haley stated the Town developed a Common Driveway Bylaw that is appropriate for this situation. The Board has never had easements noted on ANR plans before and the Board is setting a precedent.
Karen King stated she believed the Common Driveway was for new driveways.
Kevin Haley stated the Common Driveway bylaw does not say that Section 6.21.1 Purpose and Intent says “The purpose of this bylaw is to establish reasonable and uniform regulations for common access or shared driveway in the RR and RV districts”. Mr. Haley stated he was not in favor of showing “paper streets” on plans because it could easily be misconstrued as a street, as the Board members know this happened with Pulpit Rock Road.
Paul Hatch stated he thought the land surveyor would have to show it on the plan.
Roger Wood stated it is in the deed but he did make a note on the plan that it was not accepted as a public way.
Ms. Lovell stated she has owned the property for many years and had to grant the easement in order for her sister Judith Harris to build.
Craig Sweitzer stated the Board is creating another separate entity that was not separate before this plan and if the Board did not grant the sub division of land the property owner would have the option of applying for a common driveway. He questioned if Judith Harris would be agreeable to granting an easement for another lot?
Kevin Haley stated he would like to go on record that at this point he would neither accept nor deny the plan.
Craig Sweitzer stated the plan is creating another lot with an existing structure on each lot in order for the Board to endorse the plan there must be clear documentation that each separate lot has the right to pass; all structures shown on the land meet the zoning setback requirements and dates that show any existing easements. Mr. Sweitzer stated if the additional information was satisfactory he would go along with it.
Paul Hatch, Tara Hengeveld and Karen King concurred.
7:25 Craig Sweitzer convened a Public Hearing for an Estate Lot as provided for by Section 6.5 of the Monson Zoning Bylaws for property owned by Sharon and Lawrence Allen at 113 Ely Road. The plan creates two standard lots in addition to an estate lot. The Chairman read the legal notice as it appeared in the Republican Newspaper the weeks of April 5, & 12, 2011.
Kevin Haley excused himself and left the room to avoid the appearance of a conflict.
Donald Frydryk, Sherman & Frydryk Land Surveying & Engineering stated he was present representing Mr. & Mrs. Allen with regard to the plan Sherman & Frydryk prepared for the driveway associated with the Estate Lot. Mr. Frydryk stated Adney Russo prepared the plan surveying land into two standard lots and one estate lot. The applicants are requesting a waiver of for one small section of the driveway that has a 15% grade. The bylaw requires a maximum grade of 12%.
Craig Sweitzer questioned if the driveway had a paved surface for its entire length?
Donald Frydryk stated the driveway is paved to station 7+50 as shown on the plan this is beyond the area for which the applicants are requesting a waiver, beyond that it is proposed to have a gravel driveway.
Craig Sweitzer questioned how the water run off was going to be handled?
Donald Frydryk stated the estate lot will maintain a driveway along an existing cart path. The existing grade slopes from north to south where an existing swale south of the cart path accepts storm water runoff and discharges it to an abutting property. The drainage area was evaluated for the length of the estate lot driveway to compare existing and proposed peak flows. The use of rip rap spreaders and the proposed slopes on the driveway will significantly reduce storm water in the swale. The use of rip rap spreaders to retain and infiltrate storm water throughout the length of the driveway will result in no increase to peak flows to areas downstream of the site.
Craig Sweitzer stated currently storm water run off flows off site to property owned by Murphy but the installation of an estate lot driveway will not increase what is currently flowing off of the site.
Donald Frydryk stated that is correct.
Craig Sweitzer stated no storm water is leaving the land of Allen onto Ely Road.
Donald Frydryk stated that was incorrect. Storm water currently flows to Ely Road and this plan does not increase the flow.
Paul Hatch stated Ely Road is cross pitched so water flows along the gutter.
Donald Frydryk stated the shoulder of the road is higher than the road and there is no swale in the shoulder of Ely Road.
Paul Hatch questioned how water flows off the pavement?
Donald Frydryk stated the run off flows along the side of the road.
Craig Sweitzer stated the Board received correspondence from Highway Surveyor John Morrell advising that he has no problems with the proposal as presented.
Fire Chief George Robichaud was present and stated his only concern was that the driveway could accommodate his emergency vehicles.
Paul Hatch questioned how the fire trucks would turn around?
Donald Frydryk stated the plan proposes a gravel area to allow the fire trucks to perform a three point turn.
Craig Sweitzer stated the turn around is beyond the proposed location of the house if there is a fire in the house that would limit the ability of the emergency vehicles to get to the turn around area. If the house is engulfed how will the emergency vehicle get back down the driveway?
George Robichaud stated if they can get up the driveway they would be able to get down.
Mr. Allen stated eventually he would pave the entire length of the driveway but to start the upper portion would be gravel.
Craig Sweitzer stated the applicant is requesting a waiver from maximum 12% grade for short distance in the area of the driveway that will be paved. He questioned if the Board members had any problem with the waiver request?
No objection was raised by the members of the Board.
Paul Hatch moved to close the hearing at 7:55 P.M. and approve the request for a Special Permit for an Estate Lot and grant the waiver for a small portion of the paved section of the estate lot driveway that would exceed the maximum grade based on approval of the plans for the proposed driveway from the Highway Surveyor and Fire Chief.
Tara Hengeveld seconded the motion.
It was so voted unanimous.
Members voting to approve: Craig Sweitzer, Paul Hatch, Tara Hengeveld and Karen King.
Kevin Haley returned.
8:00 The Board received a communication from David Loring, Tighe & Bond that Bukowsi Construction had not paid an outstanding bill from 6/30/2010 for a Geotechnical Stability Review of the Detention Pond at Quaboag Heights for services rendered by Tighe & Bond from 5/2/2010 through 5/29/2010.
The Board determined there are still several units to be built and would request that the Building Commissioner refrain from issuing any permits to Bukowski Construction until the issue of the outstanding bill was settled.
8:10 Paul Hatch stated he would like to discuss creating a zoning bylaw that would regulate farmers markets. The First Church of Monson is interested in starting one but there is nothing in the Zoning Bylaws and the Right to Farm Bylaw does not provide for it. Mr. Hatch stated he would like the Board to work on creating a bylaw. The Board of Selectmen is going to issue a permit for the church to operate the Farmers Market for this year but it really should be a zoning bylaw.
The Board members expressed support for the idea stating it would be an asset to the community.
Karen King moved to approve the minutes of March 15, 2011 as presented.
Paul Hatch seconded the motion.
It was so voted.
Voting to approve the minutes: Craig Sweitzer, Paul Hatch and Karen King.
Tara Hengeveld and Kevin Haley abstained as they were absent from the meeting.
Harold Leaming updated the Board on his visit to Craig Leveque’s garage on Palmer Road to take sound readings of the trucks idling and leaving the garage. Mr. Leaming stated the noise level was well within the limits of the Zoning Bylaws.
Paul Hatch moved to attach a report of the noise levels to the minutes of this meeting.
Craig Sweitzer seconded the motion.
It was so voted unanimous.
Karen King moved to adjourn at 8:30 P.M.
Kevin Haley seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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