MONSON PLANNING BOARD
MINUTES AUGUST 18, 2015
MEMBERS PRESENT: Kevin Haley, Craig Sweitzer, Tara Hengeveld, Marilyn Gorman Fil, Paul Hatch, Karen King
ALSO PRESENT: Dan Laroche
7:00 Karen King moved to approve the minutes of July 21, 2015 as presented.
Paul Hatch seconded the motion.
It was so voted, unanimous.
Dan Laroche stated he made a couple of revisions to the draft home occupation bylaw that the Board reviewed at the last meeting. It is easier to list the specific uses that are not allowed under a home occupation than to list those allowed by right and those that would require a special permit from the Zoning Board of Appeals. The Board was firm that auto body/repair shops would not be allowed as a home occupation, he questioned other uses the Board would like to list? Additionally no more than 25% of the combined gross floor area of the dwelling and accessory building shall be used for the purposes of the home occupation and new accessory buildings shall not be larger than 50% of the footprint of the primary residential building.
Kevin Haley questioned if the Board wanted to include anything limiting the hours of operation?
Dan Laroche stated the Bylaws already contain a noise bylaw.
7:15 Craig Sweitzer convened a Public Hearing for a Special Permit as provided by Section 4.2. Water Supply Protection District of the Monson Zoning Bylaws. Monson Parks & Recreation propose to construct a 30’ x 30’ storage building on property located at 200 Main Street, Assessors Map 115, Parcel 47 that will increase the impervious surface of the property.
Craig Sweitzer read the legal notice as it appeared in the Republican Newspaper the weeks of August 3, & 10, 2015.
Donald Frydryk, Sherman & Frydryk, Land Surveying & Engineering made a presentation stating the 30’ x 30’ storage building replaces the building that was damaged by the June 1, 2011 tornado.
The roof run off from the proposed structure will be infiltrated through the use of stone aprons proposed along the easterly and westerly sides of the building. The infiltration trenches are designed to handle from up to and including a 10 year storm event.
Craig Sweitzer questioned if the parcel of land was owned by the Town.
Donald Frydryk stated it was.
Paul Hatch questioned the level spreaders shown on the plan?
Donald Frydryk stated in addition to filing with the Planning Board the Town had to file a Notice of Intent with the Conservation Commission because the construction takes place in a degraded riverfront area. DEP commented on the NOI and stated the Town had to go above and beyond because of the degraded rivers area and show improvements to the site. What exists now on the site is an unregulated swale that empties directly into Chicopee Brook the level spreader is designed to infiltrate the water and avoid the direct discharge.
Craig Sweitzer noted that included in the submission was a list of materials that it is proposed to store within the building. He questioned if the Board should be reviewing the project for Site Plan Approval because this is a new use new building?
Dan Laroche stated it is an accessory building with the same use as the building that was destroyed by the tornado.
Paul Hatch stated it is a municipal use storage shed and the Board has not required site plan approval for municipal buildings, including the schools.
Paul Hatch questioned the size of the building that was damaged in the tornado?
Dan Laroche stated it was 30’ x 30’ the new building is 30’ x 30’ and is being built with insurance monies. The new building will replace what was lost.
Paul Hatch stated there are improvements on the site, run off is to be recharged, the calculations show there is no increase in run off from the site, and the level spreader addresses the direct discharge into Chicopee Brook.
Paul Hatch stated he would move to close the hearing and approve plans for the reasons just stated.
Karen King seconded the motion.
It was so voted, unanimous.
Craig Sweitzer stated no conventional site plan review is required because this is a municipal building and it replaces one of the same size and same use as the building destroyed by the June 1, 2011 tornado.
Paul Hatch seconded the motion.
It was so voted, unanimous.
7:40 Craig Sweitzer convened a public hearing to review a petition from Jeffrey Walsh for Site Plan Approval Section 7.4 of the Monson Zoning Bylaws for a brew pub/restaurant to be located at 107 – 123 Main Street, (IGA Plaza) between Rite Aid and the Village Pizza. The property is zoned Central Commercial.
Craig Sweitzer read the legal notice as it appeared in the Republican Newspaper the weeks of August 3 & 10, 2015.
Jeffrey Walsh made a presentation stating he plans to set up a small micro-brewery (brewpub) to be named Half Pints International Brewhaus where he will brew and serve lagers, ales and hybrid beers on tap. The beers will only be consumed on-site, no beer will be brewed for sale to distributers, or other retail establishments, and no beer will be sold to-go. The beer will be brewed in small batches typically 15 gallons or less. Jeffrey Walsh stated the food is not the typical restaurant fare, it is ready to eat food, sandwiches, salads, soups, appetizers etc. No deep fryers, ovens, or stoves will be used. There will also be Half Pints T-shirts, hats and glassware for sale. There will be 6 – 8 tables in the establishment with 38 seats and 12 more seats at the bar for a total of 50. The parking
area serves other establishments but there are 16 spaces available in front of the brew pub.
Craig Sweitzer questioned if his lease stipulated he had exclusive use of the parking spaces.
Jeffrey Walsh stated he did not believe his lease would include exclusive use of parking spaces. He based the number of parking spaces on the spaces required by the Monson Bylaws.
Craig Sweitzer questioned other permits he would be required to get before he could open
Jeffrey Walsh stated a brewers’ license, state license to brew, pouring license, Board of Health, and permit for renovations to the interior of the space.
Paul Hatch questioned if any exterior changes were proposed?
Jeffrey Walsh stated no.
Paul Hatch stated the Board would need a parking plan.
Karen King questioned if any entertainment was proposed?
Jeffrey Walsh stated he would like to do something every couple of weeks.
Craig Jalbert stated he looked at the application and spoke with people at the Palmer Waste Water Treatment based on the conversation this evening it would appear there was not enough volume to make a difference but there is paperwork that must be filed.
Jeffrey Walsh stated his would be a very small operation, no caustic materials would be used to clean the kegs and the hops and grains used in the process would be disposed of as solid waste in a dumpster. Most of the water used in the operation is to clean the equipment.
Craig Sweitzer questioned if Mr. Walsh was requesting a waiver of the Site Plan Approval contents that all plans shall be prepared by a professional engineer, registered architect or landscape architect because of unusually simple circumstances?
Jeffrey Walsh stated he was requesting a waiver.
Paul Hatch questioned if the solid waste from the brewing would create an exceptional odor?
Jeffrey Walsh stated it would more probably be the food waste that would be placed in the dumpster than the solid waste from the beer making that would cause an odor. The Chinese restaurant and pizza parlor that are in the plaza have dumpsters for the food waste.
Daniel Laroche stated this is a change of use of a space in an existing building that is zoned Center Commercial for a brew/pub restaurant that will be located next to two other restaurants.
Craig Sweitzer questioned if the Board had concerns regarding hours of operations?
Paul Hatch stated he believed the ABCC and Board of Selectmen would set the hours of operation.
Craig Sweitzer questioned if the Board wanted to grant conditional approval of the site plan based upon the receipt of a parking plan with the location of a dumpster on the plan and no negative input from other Boards.
Paul Hatch moved to close the Public Hearing and approve the site plan with the condition that the applicant submit to the Board a parking plan that includes the location of the proposed dumpster and that no other Board has any negative input prior to the expiration of the required 35 day review period.
Karen King seconded the motion.
It was so voted, unanimous.
8:20 Paul Hatch moved to appoint Kevin Haley chairman for the Public Hearing for a Common Driveway at 23 Munn Road, Monson.
Karen King seconded.
It was so voted, unanimous.
Craig Sweitzer and Paul Hatch recused themselves to avoid the appearance of a conflict.
Kevin Haley moved to appoint Marilyn Gorman-Fil as a voting member for the Public Hearing for a Common Driveway at 23 Munn Road.
Tara Hengeveld seconded the motion.
It was so voted, unanimous.
8:25 The Board reviewed an ANR Plan submitted by Judy Van De Geer for 23 Munn Road to separate her property into two lots identified on the plan as Lots 10A and 10B. The property is situated in two residential zoning districts Village Residential and Rural Residential. Lot 10A located in the Rural Residential zoning district has 8.757 acres and in excess of 200 feet of frontage. Lot 10B is located in the Village Residential zoning district and has 12.884 acres and 136’ of frontage.
Following review of the plan the Board endorsed the ANR Plan.
8:30 Kevin Haley convened a public hearing to review a petition from Judy Van De Geer for a Special Permit for a common driveway as provided by Section 6.21 of the Monson Zoning Bylaw at 23 Munn Road. Kevin Haley read the legal notice as it appeared in the Republican Newspaper the weeks of August 3, & 10, 2015.
Donald Frydryk, Sherman & Frydryk, Land Surveying & Engineer, Judy Van De Geer, and Atty. Sarah Miller were present.
Donald Frydryk stated the common driveway would serve two lots, it reduces the number of curb cuts, reduces the disturbance of vegetation and preserves the rural quality of Munn Road. The common access will have a cleared width of 24 feet and an 18 foot gravel travel width with a maximum grade of 6%. The driveway is approximately 300 feet in length with a hammer head turn around at the proposed building area for emergency vehicles. All drainage from the common driveway will be contained on the property.
Dan Laroche questioned the drainage?
Donald Frydryk stated the drainage slopes away from Munn Road into the property.
Dan Laroche questioned if the calculations show the soil can handle the run off?
Donald Frydryk stated the drainage sheet flows throughout the property.
Kevin Haley read a letter from Building Commission B.J. Church stating her concerns that the plan appears to show a sewer connection to the proposed new residence on Lot 10B and to another structure located on the same lot that was permitted through the Building Department as a shed. Prior to the issuance of any building permits the use of the existing shed must be clarified, as the Monson Zoning Bylaws allows one residence on a lot.
Donald Frydryk stated the Planning Board are reviewing a petition for a common driveway the sewer connection is not part of the common driveway.
Kevin Haley read a letter from Highway Surveyor, John Morrell stating he had no problem with the proposed common driveway and if approved the applicant would be required to take out a driveway permit. The plan submitted also shows proposals for sewer installation on Munn Road, the applicant will be required to obtain permits from both the Highway and Water & Sewer Department.
Kevin Haley stated the lots have frontage on an existing way, a buffer is provided, the cleared width and travel width of the proposed driveway comply with the zoning bylaw and the driveway does not exceed 700 feet in length.
Atty. Sarah Miller submitted a common driveway maintenance agreement and a driveway easement agreement to the Board.
Craig Jalbert, Water & Sewer Superintendent was present and stated what is shown on the plans for the sewer connections is conceptual, because there is a process with engineering specifications that has to be followed. Those engineered plans are then sent to the Water & Sewer Department consultant at the applicants cost for review. He questioned why a sewer connection to an existing shed was shown on the plans?
Judy Van De Geer stated there is a futon in the building and it was a place for her children to sleep, also if she is working there it is a long way to the house to the bathroom.
Kevin Haley questioned the performance guarantee as required by Section 6.21.3.4?
Atty. Sarah Miller stated her client would provide a performance guarantee.
Following discussion the Board felt that $5000.00 would be sufficient for a performance guarantee.
Tara Hengeveld stated the driveway maintenance agreement and the easement agreement should be reviewed by Town Counsel...
Tara Hengeveld moved to close the public hearing at 9:00 P.M.
Karen King seconded the motion.
It was so voted, unanimous.
Tara Hengeveld moved to approve the Special Permit for a common driveway conditioned on approval by Town Counsel of the driveway maintenance agreement and easement agreement and approval of the Town Treasurer of the performance guarantee in the amount of $5000.00.
The Board finds that as proposed the Common Driveway Access meets the standards of the Bylaw and as proposed all run off from the common driveway stays on the property.
Karen King seconded the motion.
It was so voted.
9:10 Tara Hengeveld moved to adjourn.
Karen King seconded the motion.
It was so voted, unanimous.
Respectfully submitted,
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