MINUTES MONSON PLANNING BOARD
MARCH 24, 2014
MEMBERS PRESENT: Tara Hengeveld, Kevin Haley, Craig Sweitzer and Karen King.
MEMBERS ABSENT: Paul Hatch.
ALSO PRESENT: Dan Laroche, Town Planner.
7.00 Craig Haldeman Pro-tech Energy Solutions met informally with the Board to discuss the solar project at 22 Macomber Road.
Mr. Haldeman stated National Grid is requiring its own access road from Upper Palmer Road located across the road from National Grid pole 54. National Grid will install four poles in total along the new access road that will be 25 feet wide and 180 feet long, three for them and one for Cornerstone Power. He stated he was surprised by the request because he thought National Grid would use the access road around the project that enters from Macomber Road, but that is not the case and no amount of discussion has been able to change it. The property owner will construct the access and it will be the same material as the access around the property.
Craig Sweitzer questioned if the Board felt this was major change of the site plan?
Karen King questioned how much traffic would be going in and out of the entrance on Upper Palmer Road?
Mr. Haldeman stated the access is only for National Grid there will be a gate across and the utility company will be the only ones using that access. If there is a power problem with the solar farm National Grid will have the capability of isolating the project by cutting the power and not affecting the neighborhood.
Dan Laroche stated the Town is experiencing a similar issue with National Grid at 110 Main Street and negotiation is difficult.
Craig Sweitzer questioned if this was a substantial change to what has already been granted?
Dan Laroche stated he believed this was an administrative change.
Craig Sweitzer stated the new driveway will interrupt the buffer but the home across the street is at a higher grade than the solar panels, the interrupted vegetated buffer will make no difference to the view from that property.
Tara Hengeveld stated assuming no vehicular traffic other than National Grid would be driving in and out at night and the access is needed in case something were to happen to allow National Grid to shut down the solar farm and isolate it from the rest of the grid she did not believe this was a substantive change.
Craig Sweitzer stated this is a very small portion of an already approved much larger site.
Karen King questioned if the poles and the switchgear and metering station were on the original plan?
Mr. Haldeman stated everything was on the original plan except the access that National Grid is requiring.
Karen King stated visually it remains the same.
Craig Sweitzer stated the percentage of land affected versus rest of the parcel is negligible an access separate from a solar project would not require a public hearing only a permit for a curb cut from the Highway Surveyor. He stated he did not feel that this was a substantial change from the plan approved by the Planning Board.
Dan Laroche stated the access was for emergencies only and would not be used as a regular access.
Kevin Haley questioned if any lighting was proposed on the access?
Mr. Haldeman stated he did not think National Grid would be putting lights in.
Kevin Haley stated he would agree this is not a substantial change, as long as no lighting or anything else is proposed that would change the nightscape. He stated if lights are proposed he would have a problem with it and could not say that it was not a substantial change.
Tara Hengeveld stated she agreed with Kevin Haley.
Dan Laroche stated since landscaping is to be removed to accommodate the access the Board should consider asking that landscaping be added along the north side of the new access driveway.
Kevin Haley made a motion that as described the proposed twenty five (25) foot by one hundred and eighty (180) foot access way for National Grid to access the property was not a substantial change and does not require a public hearing as long as:
- No lighting or other changes are made for the access driveway from Upper Palmer Road that would change the nightscape.
- The landscaping that is to be removed as a result of the driveway is to be added to the north side of the access driveway.
Craig Sweitzer seconded the motion.
It was so voted unanimous.
7:25 Craig Sweitzer convened a Public Hearing to review a modification of a previously approved plan from Monson Savings Bank for property located at 146 Main Street. The petitioner proposes to modify the northerly edge of pavement by removing the proposed easterly island, expand the delineated loading zone and slide the access isle to the northerly abutting property to the west. The property is located within the Water Supply Protection District and is zoned Center Commercial. The public hearing was advertised in the Republican newspaper on March 7, & 14, 2014.
Also Present: Daniel Moriarty, Monson Savings Bank and Keith Terry, Sherman & Frydryk, Land Surveying & Engineering.
Craig Sweitzer stated the Board is familiar with the project and has held two previous public hearings for this project.
Keith Terry stated he hoped that this would be the last modification. The northerly abutter wants access from the back of his property and to accommodate that the previously proposed easterly island and proposed tree plantings are to be removed. The loading zone is to be expanded and the northerly abutters’ access isle moved to the west. Three parking spaces are to be removed to balance the increase in impervious surface from the expansion of the loading zone.
Kevin Haley questioned if the removal of three parking spaces still left enough parking spaces to comply with the Zoning Bylaws?
Keith Terry stated the Bylaws require the Bank to provide 32 parking spaces and with the removal of three spaces the bank will provide 62 parking spaces.
Craig Sweitzer questioned if this modification was at the request of the abutter?
Daniel Moriarty stated it was.
Craig Sweitzer read a letter from Craig W. Jalbert, Superintendent Monson Water & Sewer Department stating he has reviewed the proposed plan modification and offers comments in regard to the existing fire hydrant and the affects of the proposed modification on the hydrant. The location of the fire hydrant was agreed upon after review of a previous site plan and following installation of the hydrant a traffic lane not on the approved plan was opened. Unfortunately the hydrant was damaged by snow removal and is presently non-functional. In consultation with the Monson Fire Chief Laurent McDonald we request that if the Planning Board approves the most recent plan modification it attaches conditions:
- As soon as the weather permits the damaged hydrant shall be repaired to the satisfaction of the Monson Water & Sewer Department and the Monson Fire Chief. The cost of said repairs to be solely borne by the property owner Monson Savings Bank.
- The property owner shall install four (4) concrete filled, galvanized steel, six inch diameter bollards around the present location of the hydrant as per the direction of the Monson Fire Chief.
Craig Sweitzer stated unfortunately the Board cannot regulate ugly.
Kevin Haley stated this is safety over aesthetics.
Daniel Moriarty stated Monson Savings Bank has tried to accommodate the abutter.
Daniel Laroche stated he would agree that the Bank has tried very hard to satisfy the northerly abutter. This is a safety improvement because the Fire Chief wanted a completely dedicated lane to drive around and this will allow that to happen.
Karen King moved to close the public hearing at 7:40 P.M.
Kevin Haley seconded the motion.
Karen King moved to approve the plan as revised and presented with the conditions as requested by the Fire Chief and the Superintendent of the Monson Water & Sewer Department.
Craig Sweitzer seconded the motion.
It was so voted unanimous.
7:40 Craig Sweitzer convened a Public Hearing to review an amendment to Section 3.3.8.1 Reconstruction after Catastrophe or Demolition. The proposed amendment extends by one (1) year the timeframe to reconstruct said non-conforming structure to June 1, 2015. The public hearing was advertised in the Republican newspaper on March 7, & 14, 2014.
Also Present: Peter Matrow, Elizabeth Matrow and Beau Schneider
Craig Sweitzer stated the public hearing was generated by a public petition to the Board of Selectmen. The Board forwarded the request to the Planning Board and as required by law the Board is holding a public hearing. The Monson Bylaw complies with State law and allows reconstruction of a non-conforming structure that commences within two (2) years after such catastrophe or demolition. After the tornado that occurred in Monson on June 1, 2011 the Board realized that reconstruction within two years was a hardship and last year extended it for one (1) year for a total of three (3) years. The petition to the Board of Selectmen would indicate that another year is needed and that is the purpose of this public hearing.
Craig Sweitzer read the revision of the bylaw to extend for one (1) more year for a total of four (4) years.
Peter Matrow 146 Munn Road stated he owns family property on Green Street and he would appreciate an extension of one year to rebuild the garage that was destroyed by the tornado.
Craig Sweitzer stated this is just the first step. The Planning Board will make a recommendation to the Board of Selectmen and the amendment will then go to Town Meeting for a vote. In this case the Board is fulfilling a statutory requirement.
Kevin Haley stated one resident has pursued the amendment but it is good to know there are other residents who will benefit from the amendment.
Beau Schneider Wayne Road stated he was in favor of the amendment.
Tara Hengeveld moved to close the public hearing at 7:50 P.M.
Karen King seconded the motion.
It was so voted, unanimous.
Tara Hengeveld moved to make a recommendation to the Board of Selectmen to place an article on the Special Town Meeting to extend for one (1) year the timeframe to reconstruct a non-conforming structure for a total of four (4) years. However no extension under this sentence shall be granted beyond June 2, 2015.
Kevin Haley seconded the motion.
It was so voted unanimous.
7:50 Craig Sweitzer convened a public hearing Public Hearing to amend Section 1.7 Definitions to include Registered Marijuana Dispensary (RMD) and Off-Site Medical Marijuana Dispensary (OMMD), amend the Town of Monson Schedule of Use Regulations to include Registered Marijuana Dispensary and Off-Site Marijuana Dispensary and add a new Section 6.24 Registered Marijuana Dispensary (RMD) and Off-Site Medical Marijuana Dispensary (OMMD). The public hearing was advertised in the Republican newspaper March 7, & 14, 2014.
Also Present: Larry Smith, Pioneer Valley Planning Commission and Beau Schneider, Board of Health.
Craig Sweitzer stated if he remembered correctly the Planning Board was responsible for the Site Plan Review process.
Dan Laroche stated an outstanding issue is the development of Rules and Regulations of the Planning Board and incorporated into that would be the requirement for peer review. If it is incorporated into the Rules and Regulations of the Board it would apply to any matter coming before the Board where it was deemed outside review was required.
Craig Sweitzer questioned if the Board members had any changes?
Tara Hengeveld stated DPH Regulations 105 CMR 725.111 requires a Medical Marijuana Dispensary to be sited 500 feet from a playground or school.
Larry Smith stated the law changed and it is only 500 feet if a Town does not specify a different number.
Craig Sweitzer questioned how the Board members felt about Section 4 (d) Findings?
Kevin Haley stated he believed any business must guarantee safety.
Craig Sweitzer stated he thought the Board changed the language to read “designed to minimize threat”.
Larry Smith stated most of the Towns have adopted the bylaw as it is.
Craig Sweitzer stated he wanted to be sure if the bylaw is approved as written it is not a risk for the Board or the Town.
Larry Smith stated security also has to be approved by the Department of Public Health.
Craig Sweitzer questioned if Mr. Schneider had any questions.
Mr. Schneider stated he was impressed with the complexity of an unknown issue.
Larry Smith stated DPH have finalized their rules and already licensed facilities. He stated at best or worse however you look at it Monson would be more likely to have a growing facility.
Kevin Haley moved to close the public hearing at 8:20 P.M.
Karen King seconded the motion.
It was so voted unanimous.
Karen King moved to make a recommendation to the Board of Selectmen to place an article on the next Special Town Meeting to add a new Section to the Monson Zoning Bylaws Section 6.24 Registered Marijuana Dispensary (RMD) and Off-Site Medical Marijuana Dispensary (OMMD), amend Section 1.7 to include Registered Marijuana Dispensary (RMD) and Off-Site Medical Marijuana Dispensary (OMMD) and amend the Town of Monson Schedule of Use Regulations to include Registered Marijuana Dispensary and Off-Site Marijuana Dispensary.
Tara Hengeveld seconded the motion.
It was so voted unanimous.
8:20 Larry Smith discussed various amendments to the bylaws dealing with Commercial Development and Landscaping; Lighting; Required Minimum/Maximum Parking Spaces; Mixed Uses and Mixed Residential/Business Uses and Required Site Plan Contents. He stated the Mixed Uses and Mixed Residential/Business Uses bylaw clarifies what is allowed types of business etc. in the Central Commercial and General Commercial Districts. The Minimum/Maximum Parking bylaw offers some flexibility to the Board when considering new commercial development. The movement in planning now is less is better, that is not to bring it below what is currently in place but to allow shared parking for different uses and off site parking by Special Permit when reviewing new commercial development. Larry Smith stated the bylaw would allow the review
Board some flexibility when it comes to parking requirements.
Tara Hengeveld questioned how the payment instead of parking spaces would work?
Larry Smith reiterated it allows flexibility, if a developer comes in with a solid project in the Center Commercial District but cannot meet the parking requirements the Board may issue a special permit that allows a fee to be paid that would go into a downtown parking reserve account to be used solely for increasing parking to serve the Central Commercial District.
8:40 Tara Hengeveld moved to accept the minutes of February 26, 2014 as presented.
Karen King seconded the motion.
It was so voted unanimous.
8:40 Tara Hengeveld moved to adjourn.
Kevin Haley seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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