MONSON PLANNING BOARD
MINUTES 11/15/2011
MEMBERS PRESENT: Craig Sweitzer, Paul Hatch and Kevin Haley
MEMBERS ABSENT: Karen King and Tara Hengeveld.
The Board endorsed an ANR plan submitted by the Quinlan Trust for property on Reimers and Stebbins Road.
Paul Hatch stated he received a call from Paul Tacy, Building Commission requesting clarification of the side yard setbacks in the Central Commercial zone. He stated Table 2 of the Zoning Bylaws requires a 10 foot side setback but also refers to notes “b” and “c”. Note “b” requires side and rear yards to have a 20 foot wide buffer as described in Section 5.1.10 of the Zoning Bylaws and note “c” allows construction on a common lot line provided each owner of abutting lots agrees.
Paul Hatch stated he believed the buffer is required when property located in a central commercial zoning district abuts a property in a different zoning district. Note “b” should include language “where the property line is the delineation between two different zoning districts side yard and rear yard shall have a 20 foot buffer. Paul Hatch stated he would make that a motion.
The motion was seconded by Kevin Haley and so voted unanimous.
Craig Sweitzer stated the Board would hold a public hearing on the language change at a meeting scheduled within 6 months of the annual Town Meeting in 2012.
Kevin Haley moved to approve the minutes of October 18, 2011.
Paul Hatch seconded the motion.
It was so voted unanimous.
7:15 Public Hearing for two Estate lots on Hovey Road the driveway for the estate lots to be constructed over an existing driveway on property owned by Sabadosa and Pereira located at 269 Hovey Road. The proposed driveway to serve Lot 8 owned by James Babcock and Lot 7 owned by Donald Derby. The applicant is James Babcock.
Craig Sweitzer convened the public hearing and read the legal notice as it appeared in the Republican newspaper the weeks of October 31 & November 7, 2011.
Present at the hearing was: James Babcock, Atty. Bart Heemskerk, Donald Frydryk, Sherman & Frydryk, Land Surveying & Engineering, Donald Derby, Cheryl Pereira, Joan & Richard Sabadosa, and Roland K. Sheaff.
Donald Frydryk Sherman & Frydryk made a presentation on behalf of Mr. Babcock stating Lots 8 & 7 have frontage on Hovey Road and it is proposed to access the lots from a right of way through property owned by Joan & Richard Sabadosa and Cheryl Pereira at 269 Hovey Road. There is an existing driveway for the home located at 269 Hovey Road. The proposed estate lot driveway will start at station 0 up to station 17 on the plan submitted to serve Lot 8, and then 450 feet northerly across Lot 8 to serve Lot 7. The proposed estate lot driveway will vary in width starting at Hovey Road at a width of 20 feet, narrowing down to 15 feet over an existing culvert crossing and continue at a width of 20 feet over the existing driveway and narrowing down to 15 feet through to Lot 7. Sheet 4 of
the plans submitted shows the grade of the proposed driveway is less that 12%. The property line plan was recorded in 1980 for Lots 7, 8 & 9 prior to the estate lot bylaw.
Craig Sweitzer stated all three lots exist and there is an existing right of way through Lot 8.
Donald Frydryk stated no, there is an existing driveway for Lot 9 known as 269 Hovey Road and there is a right of way for Lots 8 & 7 through Lot 9.
Craig Sweitzer stated frontage exists for Lot 8 and Lot 7 but the property owners do not want to construct a driveway across their property.
Paul Hatch stated the plan was stamped August 20, 1980 and the Town of Monson adopted the Estate Lot bylaw in August of 1990.
Atty. Bart Heemskerk stated the problem his client has is that the actual frontage for Lot 8 and for Lot 7 is wet and a crossing was denied. The right of way goes over Lot 9 and when Mr. & Mrs. Sabadosa and Ms. Pereira purchased the property the right of way was in effect and they accepted the right of way. Atty. Heemskerk stated the proposed driveway does not violate the Estate Lot Bylaw and the Board would be locking in two large properties to one house on each.
Paul Hatch stated what the applicant is proposing is a common driveway not estate lots. The Town of Monson has a Common Driveway Bylaw that addresses this situation and it would appear Mr. Babcock is asking for a common driveway without following the proper filing procedure.
Atty. Heemskerk stated the reason his client filed for an estate lot is because the property owners of Lot 9 (269) Hovey Road would not agree to a common driveway.
Craig Sweitzer stated he has never known an agreement or disagreement between property owners to circumvent zoning. Mr. Babcock must abide by the Monson Zoning Bylaws.
Atty. Heemskerk stated they were not trying to circumvent zoning and suggested amending the application to add a common driveway.
Paul Hatch stated the lots existed prior to the estate lot zoning bylaw and the definition of a driveway in the Monson Zoning Bylaws states “The driveway access shall occur across the minimum frontage required in the Zoning District in which the frontage is located.” He stated the wetland issue is not the jurisdiction of the Planning Board, however in this case it would seem the answer is a common driveway. The Common Driveway Bylaw requires the deeds of ownership of lots served by a common driveway shall require that the owner of said lots must be members of a maintenance association whose purpose is to provide for maintenance of the common driveway including snow plowing and storm water drainage.
Craig Sweitzer stated he agreed with Mr. Hatch that the application for an estate lot is an effort to circumvent zoning because one of the property owners would not consent to a common driveway.
Kevin Haley stated Lots 8 & 7 are not estate lots, they are pre-existing non-conforming lots.
Cheryl Pereira 269 Hovey Road stated the location of the right of way has been changed and the plan filed with the Hampden County Registry of Deeds. The location of the proposed driveway is not within the bounds of the existing right of way.
Roland Sheaf 271 Hovey Road stated his property abuts this property and questioned if the driveway was going to change with regard to width at the road?
The Board received a letter from George Robichaud, Monson Fire Chief stating his concerns regarding the adequacy of the radius at the curb for emergency vehicles, width of the proposed driveway and lack of ability for vehicles to pass. He suggested the driveway be constructed with a pull off every 500 feet to allow emergency vehicles to pass.
Following consultation with his client Atty. Bart Heemskerk submitted a written request to withdraw the request for an estate lot driveway without prejudice.
Paul Hatch moved to accept the request to withdraw.
Kevin Haley seconded the motion.
It was so voted unanimous.
Paul Hatch moved to close the public hearing.
Kevin Haley seconded the motion.
The Board discussed the date of the December meeting and agreed that the meeting should be cancelled if no application was submitted that required a public hearing, or if nothing came into the Board that required immediate discussion.
Paul Hatch 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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