Town of Monson Planning Board
29 Thompson Street
Monson, MA 01057
413-267-4111
Fax 267-4108
MONSON PLANNING BOARD
MINUTES NOVEMBER 19, 2013
MEMBERS PRESENT: Craig Sweitzer, Paul Hatch, Kevin Haley and Karen King.
MEMBERS ABSENT: Tara Hengeveld.
ALSO PRESENT: Dan Laroche
7:00 Kathy Campbell and Cathy Mushenko met with the Board to discuss property that was destroyed by the June 1, 2011 tornado.
Ms. Campbell stated she owns property located at 12 Bethany Road formerly owned by her father. Residents of Monson voted at Town Meeting in May of 2012 to extend by one year the requirements of Section 3.3.8.1 “Reconstruction of said premises shall commence within two years after such catastrophe or demolition”. For one reason or another prospective buyers have backed out of the sale and the June 2014 time limit is fast approaching. Ms. Campbell stated she submitted a petition to the Board of Selectmen to extend the time limit by one more year.
Dan Laroche stated the petition was forwarded to the Planning Board to go through the process of a public hearing and then to Town Meeting.
Ms. Campbell stated a prospective buyer told her the property was in the 100 year flood plain and she understood that was because the flood maps were changed.
Dan Laroche stated he checked the flood maps and the property is not in the 100 year flood plain.
Karen King stated the banks are requiring insurance when homeowners apply for a mortgage.
Dan Laroche stated the new FEMA maps have caused problems throughout the State and there is a growing interest in taking another look at the situation.
Ms. Campbell stated she felt too many rules and regulations have caused the buyers to back out.
Paul Hatch stated the Planning Board must now hold a public hearing and go through the same procedure it did for the original extension.
Ms. Campbell questioned when that would happen?
The Board stated the Public Hearing must be held within 6 months of Town Meeting, probably January or February of 2014. The Board would keep Ms. Campbell informed.
7:15 Chairman Craig Sweitzer reconvened a Public Hearing for Site Plan Review for property located on Boston Road owned by Antonio Fernandes. Mr. Fernandes proposes to construct a commercial building and parking lot.
Environmental Consultant Michael Mocko stated the plans have changed as a result of an independent review required by the Zoning Board of Appeals undertaken by Donald Frydryk, P.E. P.L.S. Sherman & Frydryk, Engineering and Land Surveying. The plan is the same with regard to the building area, curb cut and side line setbacks but the stormwater treatment has changed. The Monson Conservation Commission required a paved parking area to reduce the impact to groundwater of accidental spills with conventional deep sump hooded catch basins. Originally the plan took credit for the pervious parking surface in the drainage calculations in infiltration through the gravel surface. A paved surface changes the infiltration with regard to drainage. Test holes were dug to clarify ground water levels and
soils and the plan now includes a created wetlands treatment instead of an underground filter.
Craig Sweitzer questioned if it worked like a leaching basin?
Mr. Mocko stated no it has partial treatment through the deep sump catch basins and then a serpentine water path through created wetlands. The maintenance of the system is detailed on the plan, sweeping the paved parking area and cleaning out catch basin sumps. The maintenance after that is a matter of inspecting the drainage pipes to the constructed wetland; sediment forebay; basin; outlet pool; outlet screen; outlet structure and outlet pipe four times a year. The roof water will be collected and infiltrated by means of a four foot wide three feet deep trench with a six inch perforated pipe laid in crushed stone. The described drainage structures maintain the pre development and post development flow. In the event the structures all become clogged an emergency overflow comprising a broad based rip rap
swale that will take the flow down to an undisturbed area is proposed on the plan.
Craig Sweitzer questioned the hours of operation?
Michael Mocko stated the earth removal would be conducted 8:00 A.M. to 5:00 P.M. Monday through Friday and 8:00 A.M. to Noon on Saturday, the hours of operation for the business are different. Mr. Fernandes often needs to move his equipment to a site early in the morning and return later at night. This is not an every day occurrence the equipment stays on a site until the work is complete and would then be returned to the Boston Road site. It is proposed to operate 5:00 A.M. to 9:00 A.M Monday through Saturday.
Kevin Haley questioned if any business is conducted on site?
Antonio Fernandes stated no all of his business is conducted on other sites. The site on Boston Road is for storing and repairing the equipment he owns and uses in his business.
Paul Hatch stated the Planning Board decision would not approve or disapprove the sign shown on the plan that is a separate permit through the Zoning Enforcement Officer.
Kevin Haley stated the Monson Zoning Bylaws regulate noise levels in the General Commercial District, between 7:00 A.M. and 10:00 P.M. the level cannot exceed 65 decibels and between 10:00 P.M. and 7:00 A.M. cannot exceed 60 decibels.
Michael Mocko stated the remoteness of the site makes this a compatible use.
Paul Hatch stated any approval would be subject to receipt of the Stormwater Pollution Prevention Plan (SWPPP).
Karen King moved to close the hearing at 7:50 P.M.
Paul Hatch seconded the motion.
It was so voted unanimous.
Paul Hatch moved to approve the revised plans as presented with a condition added that prior to the issuance of a building permit a copy of the SWPPP must be submitted to the Planning Board.
Kevin Haley seconded the motion.
It was so voted, unanimous.
Paul Hatch recused himself to avoid the appearance of a conflict.
7:50 The Board met informally with a representative of Monson Savings Bank to discuss the 15 minute parking spaces Main Street between 197 Main Street and 201 Main Street.
Dan Laroche stated he was asking the Planning Board to make a recommendation to the Board of Selectmen that the parking spaces that are currently identified as 15 minute parking be restored to normal parking spaces. The Monson Savings Bank has no problem with designating those spaces as regular parking spaces.
Craig Sweitzer stated as he remembered those spaces were designated as 15 minute parking when the Learning Center came in for Site Plan Approval to keep the spaces available for parents to drop off and pick up their children safely.
Dan Laroche stated the Monson Savings Bank is currently leasing space in the building for office staff and there was no need of the 15 minute parking designation.
Kevin Haley moved to make a recommendation to the Board of Selectmen to make the 15 minute parking spaces regular parking spaces.
Karen King seconded the motion.
It was so voted unanimous.
8:00 Craig Sweitzer convened a Public Hearing and read the legal notice as it appeared in the Republican newspaper the weeks of November 5, & 12, 2013 for Monson Savings Bank 146 Main Street to review a modification of a previously approved Site Plan and Special Permit as provided by Section 4.2 Water Supply Protection District. The petitioner proposes to modify the northerly limit of pavement as shown on recently approved plans; remove existing drive through structure; construct new drive though and re-configure the parking lot.
Donald Frydryk P.E. P.L.S Sherman & Frydryk Land Surveying and Engineering made a presentation to the Board stating a change has been made to the previously landscaped buffer on the northerly side of the property. The abutter to the north was concerned that the landscaped buffer prevented access to the side door of his property for deliveries for the Pizza shop. The Monson Zoning Bylaws Table of Uses Note C allows construction on a common lot line where each owner of abutting lots agrees and now the pavement will go right up to the abutters’ property line to allow him to use the right of way to accept deliveries to his business. In order to meet the requirements of Section 4.2 of the Monson Zoning Bylaws it is proposed to remove two parking spaces that will reduce the total impervious surface on site to
41,455 square feet. The required number of parking spaces for the site is 32 spaces the plan provides a total of 65 parking spaces.
Dan Laroche stated there would still be a portion of the landscaped buffer by the sidewalk.
Kevin Haley stated it has been designed to the extent feasible.
Donald Frydryk stated they did try to meet intent of bylaw but the abutter to the north was unhappy that the design made it difficult to access the side of his property for his pizza business.
Dan Laroche stated he met with the abutter and Monson Savings Bank to discuss the modification of the plan and the abutter agreed with the modifications.
Craig Sweitzer stated in simple terms pavement was added and pavement was taken away by changing the landscape buffer and taking away 3 parking spaces.
Kevin Haley moved to close the Public Hearing at 8:15 P.M.
Karen King seconded the motion.
It was so voted, unanimous.
Karen King moved to accept the modification to the plans with the condition that all of the conditions of the original plan would apply to this approval.
Kevin Haley seconded the motion.
It was so voted unanimous.
Paul Hatch returned.
Kevin Haley moved to approve the minutes of October 19, 2013 as presented.
Craig Sweitzer seconded the motion.
It was so voted unanimous.
8:25 Larry Smith Pioneer Valley Planning Commission met with the Planning Board to discuss zoning bylaws dealing with mill mix uses and medical marijuana.
Larry Smith stated he sent drafts to the Board members to review.
Paul Hatch stated his only comment with regard to the Mill Adaptive Reuse Overlay District bylaw relates to Section 4.4.4 (c) and the condition that any special permit for the conversion of a historic mill that proposes multi family dwelling units shall require a minimum of 10% of the total number of dwelling units to be affordable dwelling units. He questioned why the Board would want to restrict any proposed development in that way?
Craig Sweitzer stated he agreed with Paul Hatch.
Larry Smith stated the Board can delete that particular section this is a draft and the Board can change the language. He stated he wrote this bylaw with the old Zero building in mind and suggested the bylaw as an overlay district so that it could be applied to other properties. The bylaw lists additional information that is required other than the normal site plan information. Section 4.4.7 Design Standards includes waivers in the event a developer comes in with a better idea. Larry Smith stated he tried to give the Board the latitude it needs to develop unique properties.
The question of spot zoning was raised by the Board.
Larry Smith stated the court system does not allow a benefit for one person it must be for a public purpose.
Larry Smith stated the other bylaw is a model Medical Marijuana Facility/Registered Marijuana Dispensary bylaw. He stated it is a model developed by the Pioneer Valley Planning Commission which may be tailored to meet the unique needs of each individual community.
Paul Hatch questioned how confident was PVPC that the Attorney Generals’ office would approve the bylaw.
Larry Smith stated very confident they are happy with the bylaw; care was taken to make sure the language did not unreasonably regulate such facilities. He stated the problem is the regulations are those of the Department of Public Health and they do not relate well with zoning. The Department of Public Health regulations allow a permit to produce and cultivate the product, process the product and dispense the product and it can be dispensed where it is cultivated or off site. It has to be one or the other not both. There is a definition for a facility that does it all and another for cultivating and dispensing off site. The facilities are located geographically not by population.
Craig Sweitzer questioned if the model bylaw addresses the size of the dispensary and growing facility?
Larry Smith stated as far as he knows the growing facility is based on the client base. The dispensary is limited to 2,500 square feet, and the model suggests that other services such as therapy and massage etc., be offered in a separate building. The idea is to monitor the dispensaries very carefully.
Paul Hatch questioned if Towns can limit the facilities to for instance the Industrial zone?
Larry Smith stated yes.
Kevin Haley questioned if this would be considered a farm activity?
Larry Smith stated an applicant for such a facility is supposed to submit something from the Town it is to be located in to the Department of Public Health that says it meets zoning. This can be a problem unless the Town requires in its bylaw that the applicant/operator gives a copy of everything to the Town that it will give to the State. The Town could then require the operator (not necessarily the owner of the property) to apply for a special permit with any conditions that are appropriate for zoning. A number of Towns have passed bylaws that allow such a facility by special permit in a certain zoning district and nowhere else.
Craig Sweitzer stated retail is not allowed in the Industrial zone in Monson.
Larry Smith stated only card carrying patients can purchase the medical marijuana it is not impulse purchasing and the State does not differentiate between a dispensary and growing facility. Mr. Smith stated in his opinion home delivery would be the best way to go. There are certain dimensional restrictions for the facility to where children congregate the State and Federal regulations have 1000 feet, but PVPC recommends 300 feet because that is the drug free zone. He stated there is an odor problem with these facilities and the lights are really bright.
Paul Hatch stated he does not care if such a facility should come to Monson or not, but, if it does he wanted to be absolutely certain that it does not impact residents.
Larry Smith that Medical Marijuana facilities should also be included in the Monson Zoning Bylaws Table of Uses Regulations.
9:00 Paul Hatch moved to adjourn.
Craig Sweitzer seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. hull
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