MONSON PLANNING BOARD
MINUTES WEDNESDAY JUNE 29, 2011
MEMBERS PRESENT: Craig Sweitzer, Paul Hatch, Karen King, Tara Hengeveld, and Kevin Haley.
Chairman Craig Sweitzer convened the meeting at 7:00 P.M. and explained the Board posted this meeting to discuss the change in the language of Section 6.10 Trailers of the Monson Zoning Bylaws. This particular section of the bylaw addresses the use of trailers used as temporary housing following a disaster. The tornado that occurred in Monson on June 1, 2011 has caused enormous damage and resulted in many homes having to be demolished altogether and other homes having substantial damage that the property owners have to move out whilst the repairs are being made. The bylaw when it was written did not anticipate a disaster of this magnitude. During the regular meeting of the Planning Board on June 21, 2011 suggestions were made in haste that in retrospect need to be defined and refined.
Paul Hatch stated the language the Board is looking at this evening is better than the language that was given off the cuff.
Craig Sweitzer questioned how the Board felt about the 20 % lot coverage?
Kevin Haley stated that could be a problem especially in the downtown area.
Karen King questioned if this was usable land?
Craig Sweitzer stated not all land on a lot is usable.
Paul Hatch stated he would maintain the setback requirement and add parking spaces for off street parking.
Karen King questioned what if the lot did not have it to begin with?
Kevin Haley stated he agreed with the off street parking requirements but felt that the requirement for lot coverage could be eliminated because of the requirement for setbacks.
Paul Hatch stated the Board must maintain the safety of the public ways and traffic flow, off street parking is important. If the lot does not have adequate off street parking now then maybe it is not the place for a trailer.
Craig Sweitzer stated one of the charges of the Planning Board is the health, safety and well being of the residents of Monson. That is all of the residents of the Town. The Board must exercise caution when writing new language that it is keeping the welfare of all residents of the Town in mind.
Paul Hatch stated a way to allow flexibility in the bylaw is to allow waivers. This language is proposed by a Special Permit from the Planning Board and a waiver would allow the Board flexibility on a case by case basis.
Karen King stated most of this information can only be accurately depicted from a plot plan and that is a requirement for a Special Permit. The Board of Assessors maps show individual lots, size and area; they do not have buildings located on the parcels.
Craig Sweitzer stated the setbacks are important because of snow removal, and the temporary housing must meet the sanitary code. The revised language also specifies no more than one temporary housing unit on a lot and the trailer must be removed within one year.
Kevin Haley questioned if that was one year from the date the trailer was located on the lot?
Karen King stated that the building or rebuilding could take longer than a year and suggested it should be when an occupancy permit was issued.
Paul Hatch stated that was too open and felt that one year was a measurable time.
Craig Sweitzer stated he drove by the trailer on Mill Street before coming to the meeting and hopefully the Board was crafting a language change to the existing bylaw that would help that situation. He suggested changing the off street parking requirement to read “sufficient space for residents of the permanent home and residents of the temporary trailer home to park off of the street”.
Karen King stated in the case of a property that was not served by Town water and sewer would the property owner have to increase the size of their leach field to accommodate a temporary housing trailer?
Paul Hatch stated the Board should not interfere with the sanitary code, it is a Board of Health issue and those questions should be referred to the Health Agent.
Karen King stated the that the language should be changed to say that if a site plan was not available a copy of the Assessors map would be acceptable with the location of the existing building and proposed location of the temporary trailer sketched in.
Lisa Partlow, 21 Bethany Road stated her concern that if another disaster hit it would take longer than one year to rebuild.
Paul Hatch suggested that the one year period could be extended by the Planning Board for a period of up to three months after a public hearing.
Kevin Haley stated the language should say natural disaster.
Selectman Ed Maia stated he was working with Senator Brewer and a representative at Brian Ashe’s office to ask Governor Patrick to issue an Executive Order that the Bylaw not be enforced for a period of 30 to 60 days. Mr. Maia stated he was not confident that such an order would be issued, as the last time a Governor filed an Executive Order it was found to be a violation of State statute. In the long term he was working to file general legislation that would exempt a public hearing from the 14 day posting requirement, and once a bylaw is adopted it must go to the Attorney General’s office and that can take up to 90 days to be reviewed and so they are asking that the review process be expedited.
Karen King stated she wanted to compliment Selectman Ed Maia for the extra hours that he has put in on this issue.
Mr. Maia stated that this process must be thought through carefully and not just a reaction to a particular situation.
Karen O’Toole Beebe Road stated she believed the 10 foot setback should be reviewed on a case by case basis.
Craig Sweitzer stated that is why the Board has included a waiver into the language of the bylaw, but it is not automatic and the Board must weigh all safety issues before it grants waivers.
Kevin Haley stated it comes down to numbers, the requirement for a safe line of sight, safety issues for the Highway Department, Fire Department and Police Department. When a public hearing is advertised Town Departments receive a copy of the legal notice and are asked for their comments and concerns to be communicated to the Planning Board.
Mr. Maia reiterated his caution that the Board keep all residents of the Town in mind and make the language tight enough so that it does not get voted down at Town Meeting.
Paul Hatch stated another concern for those properties that are not served by Town water and sewer is if the well on the property is adequate to supply water for two homes.
Tara Hengeveld stated that could be addressed at the public hearing.
Paul Hatch stated he had another tornado related issue to bring before the Board. The steeple on the First Church of Monson housed a wireless communication system and the question is what is the Board’s position on a temporary tower on the front lawn of the church?
Craig Sweitzer questioned if it would be located at ground level?
Paul Hatch stated the antenna would be high but the structure would be on the lawn.
Craig Sweitzer questioned for how long?
Paul Hatch stated approximately a year.
Craig Sweitzer stated speaking personally he would like to see something on paper, a plan, some documentation something that documents the proposal and what waivers the applicant is asking for. It would be hard to vote to grant a waiver without knowing exactly what it was proposed.
Kevin Haley stated he agreed and at the minimum a public hearing would give the abutters an opportunity for input.
Craig Sweitzer stated if the tower was not adequately supported and fell down and hit someone the Board would have a share of the responsibility if it did not do due diligence in its review. If an engineer stamps and signs a plan that what is proposed is adequately supported and will withstand certain conditions then the Board would have done its job. The Board must have unquestionable evidence that it is going to be safe, and abutters will have the opportunity to make their feelings known.
Ed Maia stated he was concerned that abutters would be afraid to speak up and say they do not want this because the First Church has been magnificent in its response to the tornado and helping the community.
Kevin Haley stated the Board can only give someone the opportunity to voice their opinion, but he would agree with Mr. Sweitzer that he personally would not vote to grant a waiver without enough information that what was proposed was safe.
Craig Sweitzer stated he would also like to know the fall rate, where will it fall if it comes down.
Karen King questioned if the Board had the right to grant a waiver?
Kevin Haley stated it is in the bylaw but the Board would have to see a design and have irrefutable proof of its safety.
Ed Maia questioned if a member of the Board would volunteer to participate in a conference call with Senator Brewer, Brian Ashe, the Attorney General’s office and the Town Administrator at 11:30 A.M. Thursday June 30, 2011.
Paul Hatch volunteered.
Karen King questioned if there was anything in the Master plan about preserving historic districts? She stated so many of the homes in the downtown area that were destroyed are over a hundred years old and contributed to the character of the neighborhood and the Town.
Paul Hatch stated to the best of his recollection none of the disaster area was included in the plan. The Master Plan did not take into account a disaster of this magnitude.
Tara Hengeveld moved to adjourn 8:40 P.M.
Paul Hatch seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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