MONSON PLANNING BOARD
MINUTES JULY 19, 2011
MEMBERS PRESENT: Kevin Haley, Tara Hengeveld, Craig Sweitzer and Karen King.
MEMBERS ABSENT: Paul Hatch
Richard Smith met informally with the Board to discuss his commercially zoned property on Main Street. The current use of the property is a Wellness Center and Chiropractic office and as an extension of the Wellness Center Dr. Smith proposes to make small batches 2-3 gallons at a time of Italian ice using fresh fruit. There will be no resale at the premises the proposal is to make small batches and sell it wholesale to restaurants etc. Dr. Smith stressed this is a very small operation, the delivery of the product would be with a personal vehicle there will be no outward signs that the product is being made in the building, there will be no increase in vehicular or pedestrian traffic.
Kevin Haley stated speaking as one member of the Board he felt that if there are no outward signs, no increase in traffic, no loading or unloading of trucks etc. on Main Street that it is a continuation of the business use. However, if this turns into a successful business with a substantial increase in volume then Dr. Smith would have to find suitable premises to move the business to that could accommodate the increase in traffic and the loading and unloading of trucks and it would require Site Plan Approval.
Tara Hengeveld stated she agreed with Mr. Haley, as long as the production of Italian ice is made on the small scale described and there is no retail business from the premises or change to the traffic patterns and no outward signs she did not believe Site Plan Approval was required. Any significant changes to the production of the Italian ice and its distribution as described by Dr. Smith would require further review by the Planning Board and possibly a filing for Site Plan Approval.
Atty. David Sanborn, Atty. Suzanne Kelley and David Vivian from the First Church of Monson met with the Board for an informal discussion regarding a temporary cell tower on church property to replace the one lost when the steeple was destroyed during the tornado of June 1, 2011.
Mr. Vivian stated for the past few years A.T. & T has maintained its communications equipment in the church steeple and both the Church and A.T.& T would like to get the service back up and running as soon as possible. It is proposed to do this in three phases, the first phase is the reason for this discussion. A.T. & T would like to put a temporary cell tower located on a trailer on the property it would have a scope and antenna. There are two locations on the property being proposed, the second option is the one preferred by the engineers. This type of cell tower on wheels is commonly called a COW and is meant to be temporary three to four months at the most.
Kevin Haley stated on option two plan A-2 the radius comes off of the church property.
David Vivian stated there is a 70 foot radius around the COW shown on the plan. A.T. & T’s equipment is still in the basement of the church and it is proposed to punch through where the window is and bring the electric line to the trailer.
Craig Sweitzer questioned the height of the COW?
David Vivian stated approximately 70 feet. Three guy wires are attached to the tower and then anchored in the ground if one guy should fail the other two are capable of supporting it. If something should happen to the tower it is designed to fold in half. This is the first phase and as stated previously it not expected that it will take more than four months to come back to the Board for a public meeting for phase two. Phase three is to locate the antenna in the church steeple once it is rebuilt.
Craig Sweitzer stated he wanted absolute proof that this is safe. There has to be irrefutable proof that this meets all of the codes and it is laid out by a professional engineer.
David Vivian stated they would provide that information and be working on filing for the second phase which is to get a bridge on the bell tower of the church.
Craig Sweitzer stated as one member of the Planning Board he would be more than willing to work with the church to get phase two up and running. The church is providing a public service because a lot of people are not able to get good reception on their cell phones at the moment. The COW with the guy wires is not the most attractive thing to look at, but there is a lot that is unattractive at this point, and it is only proposed for three to four months.
David Vivian stated the vertical array panel is painted white and is approximately 4 ½ to 6 feet high and there is one on each surface.
Kevin Haley stated prior to the tornado there was nothing visible on the exterior relating to the cell tower, and he did not see the COW as a big issue because it was temporary. The bridge was more of an issue because it would be there for two to three years and it would be visible.
Suzanne Kelley stated the bylaw requires that any change to the installation must be reviewed by the Planning Board. The First Church is asking permission to have the COW in place temporarily while it works out phase 2 which would be in place for 2-3 years.
Dave Sanborn stated the Board has the authority to waive strict compliance with the Site Plan Approval process and approve the installation of the cow this evening. The Church would come back and file with the Planning Board for phase 2.
Kevin Haley questioned the power unit for the COW?
Mr. Vivian stated no additional equipment is required for the COW because it is already in the basement of the church.
Craig Sweitzer questioned the height of the COW?
Mr. Vivian stated it is approximately 60 feet that is about 14 feet lower than the steeple, but the advantage if you can call it that is the destruction of the trees from the tornado effectively opened up Main Street going north to south so reception should not be a factor.
Kevin Haley stated if option 2 is preferred by the engineers would it be possible to adjust the location of the COW to make sure the falling radius is completely on church property?
Tara Hengeveld stated it is a matter of public safety.
Mr. Vivian stated they would be able to adjust the location to keep the fall zone within the property.
Craig Sweitzer stated he would concur with Mr. Haley and Ms. Hengeveld that safety is the primary issue, with the length of the time COW would be on the property a close second. Mr. Sweitzer stated this is an attractive nuisance to young people who love to climb and swing on structures like this he questioned how difficult it would be to make the guy wires safe by making them difficult to climb.
David Vivian stated conservatively the COW would be on site for three to four months and he was confident that some type of fencing could be utilized to keep young people away. He stated the guy wires would come no closer than five feet to abutting property.
Craig Sweitzer stated the Planning Board would like to see the church move to phase two as quickly as possible.
Kevin Haley moved to waive strict compliance with Site Plan Approval and allow the location of a COW with guy wires on the property owned by the First Church of Monson for a period of three to four months with the understanding that the Church will file for Phase two as soon as possible.
Tara Hengeveld seconded the motion.
It was so voted unanimous.
Karen King removed herself to avoid the appearance of a conflict.
7:55 The Chairman reconvened a continuation of a Public Hearing for Universal Structures Lot A Bethany Road as provided by Section 4.2.6.C.3 of the Monson Zoning Bylaws.
Craig Sweitzer stated Universal Structures propose to construct a home on a parcel of land located on Bethany Road that would create more impervious surface on the lot than that allowed by the bylaw without a special permit.
Donald Frydryk stated the Board had questions regarding the amount of pavement that was proposed and the amount of parking. He submitted a revised plan that addressed the amount of fill that was proposed and compliance with the Zoning Bylaws. Mr. Frydryk stated four regular parking spaces are proposed and one handicap space in addition to a drop off area.
Dave Carmen stated the paved parking spaces and drop off area is the minimum his client requires for the proposed home that will have 5 bedrooms and be staffed 24-7. Mr. Carmen provided the Board with a copy of Section R102.2.1 DDS Facilities 780 CMR State Board of Building Regulations and Standards “Additional building features required by the Massachusetts Department of Developmental Services (DDS) do not change the classification of residences operated or licensed by DDS as dwellings subject to this code.”
Craig Sweitzer questioned the amount of surface for the size of the lot without the need of a special permit and how much was proposed by the applicant?
Donald Frydryk stated 3000 square feet would be allowable on the lot without a special permit and they propose 7000 square feet with an infiltration system. It is proposed to have the run off sheet flow over the property into a berm on the southerly side of the property and then into a pipe infiltration system.
Craig Sweitzer questioned if there was a sediment trap?
Donald Frydryk stated there is a hood on the catch basin, all disturbed areas would be loamed and seeded.
Tara Hengeveld questioned what was happening with the existing trees?
Donald Frydryk stated there is no mature vegetation left on site; it was destroyed by the tornado.
Daniel O’Connor stated he believed this would affect right of way that he had to his property in the rear and would affect the residential nature of the neighborhood if there is 24 hour lighting.
Craig Sweitzer stated the Board can only address the stormwater recharge because this property is located in the Water Supply Protection District.
Donald Frydryk stated the applicant can address any issues with lighting going beyond property lines.
David Beaudoin 2 Country Club Heights questioned if with three people leaving and three coming at the shift change there was adequate parking?
Donald Frydryk stated his client tried to minimize the impervious surface and provide adequate parking spaces.
David Beaudoin questioned if the applicant was confident there would be no parking on Bethany Road?
The applicants stated they were confident there would be no parking on Bethany Road.
Tara Hengeveld moved to close the hearing at 8:30 P.M. and take the matter under advisement.
Kevin Haley seconded the motion.
It was so voted unanimous.
The Planning Board reviewed an ANR plan submitted by The Buckwell Property Trust, for property located on Whitney Avenue and Reynolds Avenue.
The Board denied endorsement because the plan does not show all of the buildings on property and was not able to verify compliance with zoning setbacks.
Karen King returned to the meeting.
8:25 Public Hearing to review and discuss a proposed change to the language of Section 6.10 of the Zoning Bylaws. The duly authorized public hearing was advertised in the Republican newspaper the weeks of June 28, 2011 and July 5, 2011.
Craig Sweitzer stated due to the damage from the tornado on June 1, 2011 residents of the Town may experience difficulty placing a temporary home on their property and still have enough space to renovate or rebuild their home.
Tara Hengeveld questioned if the proposed change would replace Section 6.10.3 of the Zoning Bylaws?
David Beaudoin 2 Country Club Heights stated he believe Section 6.10.3 should remain, as this section of the bylaw gives an owner the right to place a temporary home on the property without a public hearing. The proposed language should be numbered 6.10.4.
Kevin Haley stated he would like to suggest a change to Section 6.10.4.2 Waivers because it is confusing the way it is written supporting the waiver request and demonstrating that strict application of the bylaw would not undermine the purpose and intent of the bylaw.
Karen O Toole stated the residents are experiencing psychological trauma not just the problem of the placement of a temporary home.
Craig Sweitzer stated he was comfortable with the bylaw as proposed and felt that the addition of a waiver would allow the Board to address individual problems as they arose.
Kevin Haley moved to close the hearing.
Tara Hengeveld seconded the motion.
It was so voted unanimous.
Tara Hengeveld made a motion to support the change to the bylaw and to recommend that the Board of Selectmen place an article on the Special Town Meeting, and to ask the Board of Selectmen to hold a special town meeting as soon as possible.
Kevin Haley seconded the motion.
It was so voted unanimous.
Karen King excused herself to avoid the appearance of a conflict.
The Board discussed the documentation and testimony that was given over the course of the hearings. The only issue for the Board is the amount of impervious surface that the applicant proposes to create and if the plans and engineering calculations prepared by Sherman & Frydryk Land Surveying & Engineering for the groundwater recharge meets the criteria of the Zoning Bylaws.
It was the determination of the Board that the applicant had met the criteria for the issuance of a special permit with the conditions;
- The property owners and future owners shall maintain the system in working order in perpetuity. A report of the inspection and maintenance of the system shall be submitted to the Monson Water & Sewer Department annually.
- The connection of any floor drains, basement sump pumps or any type of road run off shall be strictly prohibited.
- No occupancy permit shall be issued until this decision is recorded at the registry of deeds.
Kevin Haley seconded the motion.
It was so voted.
Voting aye: Craig Sweitzer, Kevin Haley and Tara Hengeveld.
Karen King returned to the meeting.
Tara Hengeveld moved to accept the minutes of July 29, 2011.
Karen King seconded the motion.
It was so voted unanimous.
Karen King moved to accept the minutes of July 21, 2011.
Craig Sweitzer seconded the motion.
It was so voted unanimous.
9:15 Kevin Haley moved to adjourn.
Tara Hengeveld seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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