MONSON PLANNING BOARD
MINUTES MARCH 15, 2016
MEMBERS PRESENT: Craig Sweitzer, Kevin Haley, Tara Hengeveld, Karen King and Marilyn Gorman-Fil.
MEMBERS ABSENT: Paul Hatch
7.00 Tara Hengeveld moved to accept the minutes of January 19, 2016 as presented.
Kevin Haley seconded.
Voting Aye: Kevin Haley, Tara Hengeveld, Karen King and Marilyn Gorman-Fil.
Craig Sweitzer abstained.
Kevin Haley moved to accept the minutes of February 16, 2016 as presented.
Karen King seconded.
Voting Aye: Kevin Haley, Karen King and Marilyn Gorman –Fil.
Tare Hengeveld and Craig Sweitzer abstained.
The Board discussed a request from a resident of the Town of Monson to make changes to the language of Section 6.23 Large Scale Ground-Mounted Photovoltaic Installations, Subsection 6.23.3 Location. The request was contained in a letter addressed to the Board of Selectmen from Attorney George P. Kiritsy on behalf of his client to delete in its entirety:
Section 6.23.3 Location – Large-Scale Ground Mounted Photovoltaic Installations shall be allowed by right with site plan review on all parcels of land under single ownership that total 50 acres or more and have transmission lines on or abutting the property.
Replace with:
Section 6.23.3 Location – Large Scale Ground Mounted Photovoltaic Installations shall be allowed by right with site plan review on all parcels of land in all Districts, subject to the following minimum lot size requirements, based on the nameplate capacity of the installation:
Array Size (KW, DC) Minimum Lot Size Required
250-650 KW, DC 5 Acres
Over 650 to 1,500 KW, DC 10 Acres
Over 1,500 to 3,000 KW, DC 20 Acres
Over 3,000 KW, DC 50 Acres
Karen King moved to hold a public hearing in April on the request pending discussion with Town Counsel on compliance with procedural requirements.
Tara Hengeveld seconded the motion.
It was so voted, unanimous.
7:20 Craig Sweitzer convened a public hearing to review an amendment to the Monson Zoning Bylaws to delete language from the Schedule of Use Regulations (Table 1) regarding dwelling and housekeeping facilities in an accessory building. The Public Hearing was advertised in the Journal newspaper the weeks of February 25, and March 3, 2016.
Craig Sweitzer stated the Planning Board is holding this hearing to address language in the Schedule of Use Regulations (Table 1) that allows dwellings and housekeeping facilities for employees and non-paying guests of owner or lessee in accessory building by Special Permit from the Zoning Board of Appeals. He stated this portion of the Bylaws has been difficult to enforce for past Zoning Enforcement Officers and for the present Zoning Enforcement Officer. Typically the structure is permitted as a detached shed, barn/storage building or garage and is changed without permits into an apartment/living space which is rented out in violation of the Zoning Bylaws Laws. The Zoning Bylaws require a special permit to be issued specifically to ensure that inspections are performed to make sure the building is
suitable for habitation by the Electric Inspector, Gas and Plumbing Inspector and Building Inspector and to ensure that the use of the structure complies with Zoning. When the use of a structure is altered without these checks and balances problems arise.
David Beaudoin, 2 Country Club Heights stated he believed that initially this particular bylaw was put in place when there were large farms operating in Monson that had seasonal workers to help with livestock and crops. Farming has changed and the days of seasonal workers moving from farm to farm is long gone. He stated he supported deleting the language from the Zoning Bylaws.
Craig Sweitzer stated the Planning Board understands that there have been abuses of the Bylaw.
David Beaudoin stated as Chairman of the Zoning Board of Appeals he has been involved in litigation regarding this language in the Zoning Bylaws.
7:30 Karen King moved to close the public hearing.
Tara Hengeveld seconded the motion.
It was so voted, unanimous
Kevin Haley moved to delete the language relating to Dwellings and housekeeping facilities for employees and non-paying guests of owner or lessee in accessory building from Schedule of Use Regulations (Table 1) and send a recommendation to the Board of Selectmen to place an article of the warrant for the Special Town Meeting.
Craig Sweitzer seconded the motion.
It was so voted, unanimous.
7:30 Craig Sweitzer convened a public hearing to review an amendment to the Monson Zoning Bylaws to add language to the Schedule of Use Regulations (Table 1) regarding home occupations meeting the performance standards of Section 5.1 and adding Home Occupations to Section 5.1 of the Monson Zoning Bylaws.
Craig Sweitzer stated for the purpose of providing a little background the Planning Board held a public hearing in October of 2015 to create a new subsection of the bylaws relating to Home Occupation. During the Public Hearing the Board received feedback from the residents in attendance and it became obvious there were concerns with the bylaw and the perception of those in attendance was that the Bylaw would not allow or severely limit residents operating a Home Occupation. That was not the intent of the Planning Board and this proposal keeps the language that exists in the Zoning Bylaws in the Schedule of Use Regulations (Table 1) but adds language:
(f) All operations of the Home Occupation shall meet the performance standards listed in Section 5.1.
Craig Sweitzer stated in addition to that Home Occupations is added Section 5.1 Performance Standards:
5.1 Performance Standards for General and Central Commercial and Industrial Uses and Home Occupations.
This will hold a Home Occupation to the same standards with regard to lighting, noise, odor, stormwater runoff, erosion control, water quality, explosive materials, screening and buffer zones, and landscaped buffer strip that all other commercials uses have to abide by.
Tara Hengeveld stated this language does not prohibit or infringe on a home occupation it is attempting to ensure that a home occupation does not create a problem for abutters to a home occupation. The Planning Board does not want to stop people earning a living, only not at the expense of the neighbors or neighborhood.
Valerie Bogacz-Beaudoin 2 Country Club Heights questioned who enforces the bylaw?
Craig Sweitzer stated the Zoning Enforcement Officer responds to complaints.
John Beaudoin 48 Wilbraham Road, stated he did not understand the hatred for working folks in the Town, there is no industrial work here, why limit and impose constraints on home occupations?
Craig Sweitzer stated the Planning Board is charged with the health, safety and welfare of the residents of Monson. When developing bylaws the intent is to find a balance that the majority of the residents of Monson can live with. The beauty of a Town Meeting is that the residents of the Town have a vote and ultimately determine if a bylaw is passed or not.
John Beaudoin stated sometimes the changes that are made have ramifications for a business that are not evident until after the changes are in place.
Kevin Haley stated the Town Bylaws have standards that apply to the Central Commercial, General Commercial and Industrial Districts, this proposed change would hold a business that is located in a Residential Village or Rural Residential District to the same minimum standards.
John Beaudoin stated he did not agree with limiting people making a living.
Kevin Haley stated neither did the Planning Board, but not at the expense of abutting property owners.
Andrew Catuccio 25 Main Street, stated a Mercedes Benz would be louder than the 55 decibels allowed in the Bylaw.
Craig Sweitzer stated the Noise Bylaw requires the reading to be taken at the property line.
Andrew Catuccio stated the 55 decibels would be standing next to the vehicle.
Jim Messina 11 Robbins Road stated if the Monson Sand & Gravel were to start operating again they would not be in compliance with the noise regulations.
Craig Sweitzer stated the decibel levels allowed in an Industrial or General and Commercial District are different from those in a residential district.
Thomas O’Conner 1 Lakeshore Drive stated someone is running a commercial garage, grinding and welding business in his neighborhood week days and weekends and he would like to see that addressed.
Craig Sweitzer stated the Zoning Enforcement Officer enforces the Zoning Bylaws.
Thomas O’Connor stated there is also a business at 157 Maxwell Road.
Craig Sweitzer reiterated that he should contact the Monson Zoning Enforcement Officer.
Valerie Bogacz-Beaudoin stated that Section 5.1 was amended at the 5/12/2014 Town Meeting and the downtown businesses were not in compliance with the amended bylaw who was enforcing that? If the existing businesses were not in compliance how a home could occupation be expected to comply?
Craig Sweitzer stated he did not have a copy of the updated Performance Standards at hand but would say that the bylaw is not retroactive.
Valerie Bogacz-Beaudoin questioned if exemptions to the standards would be allowed? She stated that Section 5.1.2 Lighting does not make sense and an attempt was made at the 5/12/2014 Town Meeting to change the language but it was unsuccessful.
Craig Sweitzer stated on reading the new Lighting bylaw Ms. Bogacz-Beaudoin had a valid point.
Charles Cournoyer, Silver Street stated he believed the Planning Board was trying to run home occupations out of Town.
David Beaudoin, 2 Country Club Heights stated he had no problem with the revisions to the Home Occupation bylaw with the exception of the lighting requirements that needs to be addressed.
Craig Sweitzer stated the Board is attempting to give the same protection to residents living in a residential district in which a business is operating as those in other districts.
Andrew Catuccio stated there are already ordnances on the books with regard to home occupations.
Craig Sweitzer agreed stating the proposed change keeps the home occupation bylaw but adds to it requiring compliance with performance standards the same as businesses in other districts.
Valerie Bogacz-Beaudoin stated she would feel more comfortable if the lighting part of the new bylaw addressed a home occupation rather than requiring the same standards as a business in a commercial district. A home owner who also has a home occupation will have lighting for the home that may not be in compliance with lighting required for the home occupation.
Craig Sweitzer stated he understood the concerns expressed and would agree that some valid points have been raised, that is the point of a public hearing. He stated amendments may be made to the proposed bylaw changes from Town Meeting floor.
8:25 Karen King moved to close the public hearing.
Kevin Haley seconded the motion.
It was so voted, unanimous.
The Board felt that the change to the Home Occupations Bylaw to include the same performance standards as those required in a Commercial or Industrial District was reasonable. It seemed only fair that abutters to a business in a Residential District have the same protection as abutters in a Commercial or Industrial District.
Karen King moved to recommend the changes as discussed and request that the Board of Selectmen place an article on the next Special Town Meeting.
Craig Sweitzer added the Board acknowledge the lighting bylaw as it exists may be flawed and would be open to changes at the Town Meeting or in the future.
Kevin Haley seconded the motion.
It was so voted, unanimous.
8:30 Tara Hengeveld moved to adjourn.
Karen King seconded the motion.
It was so voted, unanimous.
Respectfully submitted,
Linda A. Hull
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