MONSON PLANNING BOARD
MINUTES MAY 15, 2012
MEMBERS PRESENT: Craig Sweitzer, Paul Hatch, Kevin Haley, Karen King and Tara Hengeveld.
MEMBERS ABSENT:
7:05 David Elvin and Larry Smith, Pioneer Valley Planning Commission met informally with the Board to update the members on the tornado recovery project. Mr. Elvin stated there has been a change in personnel at PVPC and that he and Larry Smith are now spear heading the project through to the end of June. The PVPC will hold the next public meeting on May 30, 2012 and will present the themes that have emerged from the previous meetings relating to zoning conformity, the streetscape, pedestrian and vehicular access etc. He stated recommendations would be made for the easy things that would get results quickly in the short term and then recommendations for the long term. This work must be completed no later than June 30th 2012 with the implementation funds available after
July 1, 2012. Mr. Elvin stated they had spent the day in Monson and talked to Dan Moriarty at Monson Savings Bank, the manager at Adams Supermarket, Lori Stacy at the Senior Center as well as residents they encountered and found in general that people are satisfied with the way things are in Monson. Pedestrian safety was one of the things that came up as it appears there is a lot of pedestrian traffic all through the downtown area. At the previous meetings and in speaking with residents of the Town connections between the recreation areas downtown and between the Senior Center and Colonial Village were high on the list. Mr. Elvin stated he welcomed input from the Planning Board.
Craig Sweitzer questioned if the reference to funds available for implementation meant actually building something?
Mr. Elvin stated he hoped it was for building. The PVPC is conscious that the Town residents have planning fatigue. At the meeting in May the focus will be on the cheap easy quick things to do to make a difference as well as the long term goals.
Craig Sweitzer questioned if part of this meant doing a new master plan?
Mr. Elvin stated he did not think it was necessary to do anything with the Master Plan other than add a new chapter.
Paul Hatch stated he would agree with Mr. Elvin that the existing Master Plan did not need revision but the addition of a new chapter would make sense. The Master Plan Committee concentrated more on the rural areas than the downtown area because that was done.
Larry Smith stated one of the issues that came up was the lack of downtown parking. The supermarket, post office, drug store, restaurant etc. share the space on Main Street but there is an awkward traffic pattern.
Tara Hengeveld agreed.
Larry Smith questioned what was the solution?
Paul Hatch stated there are too many curb cuts close together but the reason for the driveway between the supermarket and the restaurant is to provide access for large delivery trucks going to Adams supermarket. The restaurant was not there at the time the entrance was agreed for the large trucks but now patrons for the restaurant enter and exit on that driveway and it was always meant to be one way, but it is private property and difficult to enforce the traffic pattern.
Mr. Smith stated several residents would like to see more lawn area at the gazebo because when the Rotary Club holds its summer concerts there is never enough room.
Paul Hatch stated he recognized there was not a lot of grass area but the parking spaces provide off street parking in the winter. Residents on Green Street, Main Street and Lincoln Street who have limited space can apply for a permit to park overnight during snow removal. Mr. Hatch stated he is one of those residents who would like to see a connection between the recreation fields.
Craig Sweitzer stated he would like to see the Town get the money to build it.
Mr. Elvin questioned if the priority was the traffic pattern at the supermarket?
The Planning Board stated no the priority is a greenway connection for the athletic fields.
Mr. Elvin stated May 30, 2012 is the final public meeting from 6-8 at the Town Offices on Thompson Street. He stated he would keep the Planning Board in the loop as the project goes forward.
7:40 46 Palmer Road, Quaboag Heights. Ted Bukowski, Atty. Richard Johnson and Zoning Enforcement Officer Paul Tacy were present.
Craig Sweitzer stated the discussion with the Planning Board is the violation of the conditions of the Special Permit issued for the construction of a residential development for persons 55 years of age and over.
Paul Tacy stated he sent a letter dated April 3, 2012 to Mr. Bukowski to inform him he was in violation of one of the conditions of the Special Permit that was issued by the Planning Board August 17, 2004. All occupants of the units must be 55 years of age or older and it had been brought to his attention that this was not the case. The decision of the Board provides for the revocation or modification of the special permit when there is a failure to comply with all conditions.
Atty. Johnson stated Mr. Bukowski was not aware that the individual was not 55 years of age. He stated he has written letters on several occasions on behalf of Mr. Bukowski stating there is no waiver from the age requirement. As part of an owners estate planning several units have deeds with names of family members who are not 55 years of age, but it is the occupant of the unit who must meet the age restriction. For definition purposes occupied shall mean living or occupying or residing in a unit for more than two successive weeks or more than 20 days in any 30 day period.
Paul Tacy stated he proposed to solve the problem by requiring all residents who are not unit owners be given notice by the Trustees to quit the premises. The Trustees shall provide a written plan satisfactory to the Zoning Enforcement Officer stating how this is to be accomplished no later than June 1, 2012 and verification satisfactory to the Zoning Enforcement Officer that all under age residents have vacated the premises given no later than August 1, 2012.
Atty. Johnson stated it was not a fair remedy to revoke the special permit. Mr. Bukowski was not aware that there were occupants of the units under 55 years of age and was not aware of any unit having more than 2 bedrooms. He is supposed to close on two units this month and he has two under construction. He is nearing the 70% completion when he will call a meeting of the homeowners and set up an Association. When a unit is sold the owner must sign an agreement to abide by the conditions of the rules and regulations. Atty. Johnson stated he did not believe that they could evict people from their homes but Mr. Bukowski is agreeable to working with the Town to do whatever is necessary to address the issues and asks for the opportunity to identify the problems.
Paul Tacy stated one of the conditions of the Special Permit is:
Condition #9 read in part “Failure to comply with all conditions and with all related statues and other regulatory measures shall be deemed cause to revoke or modify this Special Permit.”
Karen King stated she heard that a unit owner has four dogs on the premises, which is a violation of Section 6 of the Rules & Regulations.
Atty. Johnson stated the Trustees, Ted Bukowski and his son amended that regulation.
The Town does not have a copy of the amendment.
Craig Sweitzer stated that is an issue for the residents of the development to pursue. The Planning Board is only involved with regard to the infrastructure and the age of the occupants. The wording of the bylaw makes it difficult with regard to enforcement, but having said that everyone involved in the hearings for the project and the decision of the Planning Board fully understood the age restriction. This is Mr. Bukowski’s project and he must find a way to assure both the Planning Board and the Zoning Enforcement Officer that he fully complies with Monson’s Bylaw. It would be a disservice to the homeowners of Quaboag Heights who purchased units because it was age restricted and have abided by the rules not to follow through and require full compliance.
Atty. Johnson stated Mr. Bukowski does not disagree, but the revocation of the Special Permit would be harsh.
Craig Sweitzer stated somewhere in the sale of the units the Trustees did not follow through and if the Trustees are not diligent with regard to verification of the age restriction the Town will take the easiest way to remedy the problem.
Paul Tacy stated he proposes that the Decision for the Special Permit be amended
“Condition #12 Commencing June 1, 2012 all prospective buyers of unit with the Quaboag Heights Senior Condominium shall verify their age to the Zoning Enforcement Officer prior to transfer of title. Proof of age shall be submitted in person, and shall be in the form of a photo ID imprinted with the buyer’s date of birth. Identification shall be required for each buyer, should more than one buyer per unit be involved. Approval to proceed with the sale shall be given in writing by the Zoning Enforcement Officer upon receipt of said verification”
Kevin Haley stated he felt it was important to clarify that it is occupancy and not ownership. A child could purchase a unit for a parent and that child may not be 55 years of age but the parent(s) occupying the unit would meet the age restriction. Similarly for estate planning purposes someone other than the occupant of a unit may own the home but the occupant meets the age restriction.
Craig Sweitzer stated the Board is expecting Mr. Bukowski to ensure that all occupants of a unit are over 55 years of age when the unit is purchased and that all occupants of a unit will abide by the Town Bylaws and Rules and Regulations of the Quaboag Heights Senior Condominium.
Atty. Johnson requested that the Board hold off on modifying the decision of the Board to restrict age by ownership rather than occupancy. He stated he would develop a document that ties down occupancy and it would be signed and recorded with the deed.
Tara Hengeveld questioned how many units would have to be sold in order for a Homeowners Association to be established?
Richard Johnson stated 26 units, and 18 have been sold with another four under construction.
Paul Hatch stated until the magic number is reached Mr. Bukowski is responsible.
Paul Tacy stated another provision of the decision was that the Zoning Enforcement Office/Building Commissioner would receive a yearly report stamped and signed by an engineer of the stormwater inspections and to date that has not happened.
8:30 The Board received a written request from A.T. & T for a waiver from the requirements of Site Plan Approval to replace panels on existing communications towers on Hovey Road and Cedar Swamp Road.
The Board felt it did not have sufficient information to make a determination and requested that A.T. & T be contacted and asked to send a representative to the next meeting to fully explain the projects.
The Board reviewed information received from Carlo Grassetti relating to a transfer of land on Silver Street from Booker to Grassetti, specifically the inclusion of language that explained a plan of land that was not conveyed correctly.
The consensus of the Board was that if the land was not conveyed there was no need for the language to be on the plan.
The Board received notification that approximately four acres of land belonging to the Quinlan Trust located on Reimers Road is to be removed from Chapter 61 and as required by law the Town has the right of first refusal.
Paul Hatch moved to recommend to the Board of the Selectmen that the Town not exercise its right of first refusal.
Karen King seconded the motion.
It was so voted unanimous.
Paul Hatch stated that the Planning Board must make a formal recommendation to the Board of Selectmen to nominate a Planning Board member to serve on the Monson Reuse Committee for Monson Developmental Center.
Craig Sweitzer moved to nominate Paul Hatch as the Planning Board member to serve on the Monson Reuse Committee for Monson Developmental Center.
Karen King seconded the motion.
It was so voted unanimous.
8:45 Tara Hengeveld moved to accept the minutes of April 17, 2012 as written.
Paul Hatch seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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