MONSON PLANNING BOARD
MINUTES SEPTEMBER 18, 2012
MEMBERS PRESENT: Craig Sweitzer, Paul Hatch, Kevin Haley, Tara Hengeveld and Karen King.
MEMBERS ABSENT:
Selectman Ed Harrison and Disaster Recovery Manager Dan Laroche met informally with the Planning Board to discuss zone changes and bylaws proposed by the Pioneer Valley Planning Commissions’ Community Plan for Monson center.
Ed Harrison stated he was particularly interested in the Mill Overlay District proposed for the former Zero Corporation property and the former M & M Chemical property. He stated he had a good working relationship with Mr. Berizon owner of the M & M Chemical building and Mr. Scott owner of the Zero property and had forwarded them a copy of the sample bylaw he received from Dan Laroche. Mr. Harrison stated he believed they would be receptive to the idea but there are parts of the sample bylaw that may cause the owners concerns.
Craig Sweitzer stated without the property owners cooperation and interest in a mill overlay district there would be no point in going any further. He questioned how to get the property owners on board?
Paul Hatch stated the Board wants to do whatever it can assist the property owners in developing these properties.
Ed Harrison suggested a meeting with the Planning Board and the property owners.
Paul Hatch questioned if the Planning Board had a copy of the bylaw?
Dan Laroche stated he sent Mr. Harrison a copy of the Town of Warren Mill Overlay bylaw to illustrate what other Towns have. It was meant to be a starting place with all of the details that would be pertinent to Monson on the table for discussion.
Craig Sweitzer stated for clarification the purpose of the paperwork was to illustrate the concept. He questioned how the Board should proceed?
Mr. Laroche stated he and Ed Harrison would meet with the landowners to listen to their concerns, following that he would work on the language for a bylaw and present the draft to the Planning Board. He agreed with Mr. Harrison that a meeting with the Planning Board and the landowners after a draft bylaw has been developed would be helpful.
Mr. Laroche presented a draft of a bylaw that would extend the time by one (1) year for reconstruction of a nonconforming structure after a catastrophe by means of a Special Permit. He stated he based the bylaw on a similar bylaw that the Town of Ipswich has.
The Planning Board stated the special permit granting authority should be the Planning Board.
Mr. Laroche stated in this preliminary draft a landowner will get an additional year to start reconstruction. There is a sunset clause of June 1 2014 because the extension is specifically directed to help those affected by the June 1, 2011 tornado.
Kevin Haley questioned if something should be put in place to cover the next catastrophe, and what constitutes a catastrophe? There should be a definition in the bylaw of a catastrophe.
The Board discussed the language of the proposed bylaw and the Ipswich bylaw and the definition of a catastrophe. Would a natural disaster that affected one house meet the definition of a catastrophe, or should a catastrophe be defined by involvement of Federal agencies; numbers of properties affected; size of the area in Town affected or all of those things.
Mr. Laroche stated the goal of the proposed bylaw is to get something on the warrant at the Town Meeting in November to give a little extra time to those still struggling with the issues of reconstruction of nonconforming structures because of the June 1, 2011 tornado. The proposed bylaw sunsets on June 1, 2014 by that time the Board can develop a bylaw that addresses catastrophes in general and come up with a definition of a catastrophe.
7:15 Chairman Craig Sweitzer re-convened the Public Hearing for Special Permit for a Common Driveway access at 269 Hovey Road, submitted by James Babcock.
Craig Sweitzer stated at the July 17, 2012 meeting the Planning Board requested a continuation in order to consult with legal counsel regarding issues raised by Attorney Heemskerk and Attorney Beglane. The Monson Board of Selectmen appointed Mark E. Draper, Esq., Annino Draper & Moore, P.C. Special Counsel because Attorney Beglane is a colleague of Town Counsel at Bacon & Wilson, P.C. Craig Sweitzer read the letter dated August 16, 2012 from Attorney Draper that laid out the relevant facts and his opinion with regard to Section 6.21.3(2) of the Monson Zoning Bylaws.
Atty. Heemskerk stated for the record he was submitting a Driveway Maintenance Covenant signed by James Babcock and Donald Derby on September 11, 2012.
Paul Hatch stated for the record the Driveway Maintenance Covenant submitted by Atty. Heemskerk at this meeting was not signed by the property owner of Lot 9 (269) Hovey Road Cheryl Pereira.
Paul Hatch moved to close the public hearing at 7:45 P.M.
Karen King seconded the motion.
It was so voted by majority vote.
Voting Aye: Craig Sweitzer, Paul Hatch, Tara Hengeveld and Karen King.
Kevin Haley abstained from the vote because he was not present at the July 17, 2012 meeting.
Paul Hatch moved to deny the Special Permit for a Common Access Driveway for James Babcock for Lot 8 Hovey Road with access through Lot 9 (269) Hovey Road owned by Cheryl Pereira based on the opinion of Special Counsel Mark E. Draper, Esq., in his letter to the Planning Board dated August 16, 2012.
Tara Hengeveld seconded the motion.
It was so voted by majority vote.
Voting Aye: Craig Sweitzer, Paul Hatch, Tara Hengeveld and Karen King.
Kevin Haley abstained from the vote because he was not present at the July 17, 2012 meeting.
7:55 Cornerstone Power Monson LLC made a written request to continue the Public Hearing for a Ground Mounted Photovoltaic System located on Macomber Road and Upper Palmer Road.
Paul Hatch moved to grant a continuation as requested.
Kevin Haley seconded the motion.
It was so voted unanimous.
8:00 The Board reviewed an ANR plan for property owner Margaret Dill of land located on Wilbraham Road & Cote Road.
Kevin Haley moved to deny endorsement as a structure labeled as a barn was sixty one (61) feet from the side lot line. It is assumed by the Board that a barn is a structure that is used to house animals and the Monson Zoning Bylaws require such a structure to be located seventy five (75) feet from every lot line.
Paul Hatch seconded the motion.
It was so voted unanimous.
The Board endorsed a Plan of land owned by John & Susan Booker, Silver Street that conveys a parcel of land to the Grassetti family.
The Board endorsed a Plan of land owned by Todd Kortekamp, Butler Road that conveys a parcel of land to Bryan & Debra Kortekamp.
Paul Hatch moved to approve the minutes of August 21, 2012 as presented.
Karen King seconded the motion.
It was so voted by majority vote.
Voting Aye: Craig Sweitzer, Paul Hatch, Kevin Haley and Karen King.
Tara Hengeveld abstained from the vote because she was absent from the August 21, 2012 meeting.
8:15 Paul Hatch moved to adjourn.
Karen King seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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