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Planning Board Minutes 10/15/2013
               Town of Monson Planning Board
                          29 Thompson Street
                          Monson, MA 01057

                                413-267-4111
                                Fax 267-4108




MONSON PLANNING BOARD
MINUTES OCTOBER 15, 2013

MEMBERS PRESENT: Craig Sweitzer, Paul Hatch, Kevin Haley, Tara Hengeveld and Karen King.

ALSO PRESENT:  Dan Laroche.

The Board signed an ANR plan for Nancy Clark for property on Pond Road.  The plan corrects a previous plan that was signed by the Board but not recorded at the Hampden County Registry of Deeds.

The Board reviewed an ANR plan for Ronald Hasenjager for property on Silver Street.  

Paul Hatch questioned if the parcels identified as Lot 1A and 2A were one lot or separate lots?  He also questioned why there was no Book and Page reference for Lot 3A with frontage on Lakeshore Drive?

Mr. Hasenjager explained that Lot 1A and 2A were separate lots.  The lot lines have to be redrawn due to the installation of a new septic system that replaces a failed system. He stated he did not understand the question regarding the Book and Page reference.

Paul Hatch stated he would speak with Donald Frydryk, Sherman & Frydryk, Land Surveying & Engineering for clarification and then sign the ANR.

7:15  Continuation of a public hearing for Antonio & Elizabeth Fernandes for property on Boston Road Assessors Map 064, Parcel 002.  The applicants have made a written request to continue the Public Hearing to November 19, 2013.

It was so voted, unanimous.

Douglas Warka presented an ANR plan for review of properties located on Bethany Road, Stewart Avenue and State Street.

Also Present with Mr. Warka were:  Atty. Raymond Blanchette and Roger Woods.

The Planning Board endorsed the Plan that conveyed a small portion of land to abutting property owned by James & Margo Manning; exchanged a portion of land with abutting property owned by John & Jane Malo and conveyed a parcel of land to Warka Associates, Inc leaving Lot 3 State Street as a pre-existing non-conforming lot.  

Mr. Warka submitted a second plan for review that conveyed a parcel of land from Ajes Enterprises, LLC to Warka Associates, Inc.  The Board had questions regarding the right of way to access an existing house known as 17 Bethany Road.  Following comments from Land Surveyor Roger Woods the Board endorsed the plan.

7:30 Public Hearing to hear and review a proposed amendment to the Zoning Bylaws by adding Medical Marijuana Treatment Center in Table 1 Schedule of Uses and to define the Medical Marijuana Bylaw and implement a moratorium till June 13, 2014.

Also Present:  Charles Cournoyer

Tara Hengeveld stated between now and June 2014 the Board must develop a bylaw that meets State regulations and laws and that properly regulates the facilities with regard to zoning.

Charles Cournoyer questioned if the Board was developing the bylaw in order to prevent such a facility?

The Board responded absolutely not.  It is the Planning Boards roll to develop a bylaw that would allow such a facility in the proper zoning district and complies with any State regulations.  By enacting a moratorium it allows the Board time to research the regulations and any model bylaw that has been developed to address such facilities.  When the Board has developed a bylaw it will hold a public hearing and then leave it up to the residents of Monson to approve or disapprove at Town Meeting.

Charles Cournoyer stated the Planning Board should explain the reason for a moratorium at the Town Meeting.

The Planning Board will be represented at Town Meeting and explain the bylaw and answer any questions residents may have.  

With no further discussion Paul Hatch moved to close the hearing.

Tara Hengeveld seconded the motion.

It was so voted, unanimous.

Paul Hatch recused himself to avoid the appearance of a conflict.  

The Board reviewed an ANR Plan for Monson Savings Bank for property located on Main Street.  The plan combines separate parcels into one parcel and defines the exact location of an existing Right of Way in favor of abutting property owned by Constantine Gellis.

Following review the Board endorsed the ANR Plan.

Dan Laroche stated for clarification the Monson Planning Board is endorsing only that portion of the plan that combines separate parcels into one parcel belonging to Monson Savings Bank.  The issue of the right of way is a matter between private individuals and has nothing to do with the Town of Monson.

Paul Hatch returned.

Dan Laroche read a letter he received from Kathy Campbell regarding property located at 12 Bethany Road formerly owned by her father.  Ms. Campbell is requesting that the Planning Board amend the one year extension that will expire on June 1, 2014 to rebuild on a pre-existing non-conforming lot after a disaster.  

The Planning Board cannot change a bylaw unless there is due process, advertising the hearing, public hearing and then to Town Meeting.  Ms. Campbell has the option of submitting a petition to the Board of Selectmen with the language that she wants to change and the proper number of signatures of registered Town voters to include it on the warrant for the Town Meeting.

Dan Laroche stated the ground breaking ceremony for the new Town Office and Police Station building will be held on Thursday October 17, 2013.

Tara Hengeveld moved to adjourn at 8:20 P.M.

Kevin Haley seconded the motion.

It was so voted, unanimous.

Transcribed from notes taken by Planning Board member
Karen King.