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Planning Board Minutes 04/15/2014
MONSON PLANNING BOARD
MINUTES APRIL 15, 2014

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

ALSO PRESENT:  Dan Laroche

7:05 The Planning Board met informally with Tadeusz Bukowski and Gary Weiner, P.E regarding Quaboag Heights located on Palmer Road.  Mr. Bukowski is the developer of the Planned Unit Development housing for persons of fifty five years or older.  The Planning Board granted a Special Permit in 2006 and the plan that was approved included a club house.  The majority of the unit owners now would prefer not to have a club house and would rather have a gazebo.   

Craig Sweitzer questioned the percentage of units that were occupied?

Ted Bukowski stated approximately two thirds of the units have been sold.  In his conversations with the unit owners regarding the club house it appears the owners do not want the expense and maintenance of a club house.  

Craig Sweitzer questioned if the unit owners Association owned the club house and common land?

Ted Bukowski stated the unit owners have not formed an Association yet, two more units have to be sold to comply with the Association regulations that seventy five percent of the units must be sold before the formation of an Association.

Gary Weiner stated they would like to replace the club house with an octagonal gazebo and the residents seem happy with that.   Mr. Bukowski would also like to put a 10’ x 12’ deck on some of the units.

Ted Bukowski stated most of the units have one floor but because of the elevation of the property some units will not and those are the units that it is proposed to put a 10’ x 12’ deck.  

Craig Sweitzer questioned if there had been any discussion with current owners regarding the elevated decks?

Ted Bukowski stated no, the only discussion with the owners concerned the gazebo.

Craig Sweitzer questioned if this was a deck versus a patio that was shown on the plans approved by the Planning Board?

Ted Bukowski stated no, some new owners want decks.

Craig Sweitzer stated he could see no issue with a gazebo instead of a club house, as long as Mr. Bukowski could show documentation that the current unit owners have no problem with the change.

Dan Laroche stated the current owners bought units based on the plan that was approved by the Planning Board.

Kevin Haley suggested the issues be treated separately because of the difficulty of getting 22 people to agree on both gazebo and decks.  

Gary Weiner stated the new units are down gradient from those already sold so owners would be buying a known entity.  

Craig Sweitzer stated he was not comfortable with allowing decks when there is the potential for conflict.  If the Planning Board were to consider allowing decks he would like Mr. Bukowski to show documentation from the current unit owners that they had no objections.

Dan Laroche stated the Planning Board approved a certain plan Mr. Bukowski has suggested certain changes to the approved plan.  He has stated he can show documentation from the current unit owners that there are no objections to changing the Club House shown on the plan to a Gazebo.  The Planning Board is asking for the developer to show the same documentation for the addition of decks on certain units.

7:40  Craig Sweitzer convened a Public Hearing to review amendments to the Monson Zoning Bylaws Sections 1.7 Definitions, 5.1.2 Lighting, 5.2 Commercial Development and Landscaping, 5.4.1 Required Minimum/Maximum Parking Spaces, 6.13 Mixed Uses/Business Uses and 7.4.4 Required Site Plan Contents.  The public hearing was advertised in the Republican Newspaper the weeks of March 31, & April 7, 2014.

Also present: Charles Cournoyer

Craig Sweitzer stated the amendments to the Monson Zoning Bylaws have been generated by Larry Smith, Pioneer Valley Planning Commission.  The Board has had several discussions with Mr. Smith regarding the revisions and what the Board has at this public hearing is hopefully the final draft the Board proposes to take to Town Meeting.  In general the goal has been to build more flexibility into the bylaws    

Larry Smith stated when PVPC started to work with the Town on recovery from the 2011 tornado it found 90% of the lots affected were non-conforming and the revisions proposed will give Town Boards more flexibility when reviewing plans for development in the downtown area.

Dan Laroche stated the amendments allow flexibility for parking and gives a minimum and maximum for parking spaces and is more specific on the details Town Boards want to see for landscaping.

Craig Sweitzer commented that the Town has never had maximum requirements for parking and he felt this was an improvement.

Larry Smith stated the Mixed Use bylaw has been designed to clarify what is allowed.

Craig Sweitzer noted there were no substantial changes to Site Plan procedures.

John Morrell, Highway Surveyor was present and wanted to suggest changing the language of Section 5.2 Commercial Development and Landscaping, Section 5.2.3 (3) Access because “Curb Cuts shall be limited to the minimum width for safe entering and exiting and shall in no case exceed twenty four (24) feet in width” is too narrow.

The suggested change to read:  

  • Driveway widths from the street line shall be limited to the minimum width for safe entering and exiting.  
John Morrell stated in his capacity as Town Tree Warden he would like to add to Section 5.2.4 Landscaping Section 1 (b) General Commercial Development add:

(b)  “subject to Tree Warden approval” at the end of the sentence “Shade trees may be planted within the right-of-way provided that no tree is located closer that two (2) feet to any curb”.

Section 2 (f) Village Commercial Development John Morrell would like to add:

(f)  “subject to approval of the Highway Surveyor” at the end of “In cases in which there is no buffer area (i.e. the building abuts the sidewalk,) the applicant shall provide appropriate streetscaping to introduce vegetation and improve the outdoor experience, including but not limited to raised planters, window boxes, hanging planters, seating, etc.”


Craig Sweitzer stated the elimination of the twenty four feet maximum reference is for safety reasons.  

Charles Cournoyer questioned if other changes to the bylaw was proposed?

Craig Sweitzer confirmed that there were other changes and the Planning Board held public hearings at its March meeting for a new bylaw that deals with Medical Marijuana Dispensaries and a change to the existing bylaw to extend by one (1) year to June 30 2015 the time to rebuild non-conforming structures after the June 2011 tornado.  

Tara Hengeveld moved to close the public hearing at 8:05 P.M.

Kevin Haley seconded the motion.

It was so voted, unanimous.

Kevin Haley moved to recommend to the Board of Selectmen that the bylaws reviewed at a public hearing on Tuesday April 15, 2014 with changes to the language made at the public hearing be placed on the warrant for the next Special Town Meeting.

Tara Hengeveld seconded the motion.

It was so voted, unanimous.

8:10 The Planning Board discussed the status of the bond that Cornerstone Power Monson, LLC must provide to the Board for compliance with Section 6.23.11.3 Financial Surety of the Monson Zoning Bylaws and the decision issued by the Planning Board. The latest information from Attorney Jeffrey W. Robert’s office was that they were waiting for a plan from the engineer to identify Phase 1 area, work and kW.  

The Board has met twice with representatives of Cornerstone Power since approving the site plan for construction of a large ground mounted solar facility on Macomber Road.  The first meeting was to agree to phase the amount of the bond required to match the phasing of the work, a permit has been issued for Phase 1 and the amount of the bond required is for Phase 1, included with the bond for Phase 1 is the requirement for a plan to clearly identify the work, the kW and area covered by Phase 1.  The second meeting was to approve a small access from Upper Palmer Road for the exclusive use of National Grid.  It is the feeling of the Board that is has been professional, prompt and fair in its dealings with Cornerstone Power Monson, LLC and now it is up to Cornerstone Power Monson, LLC to reciprocate and comply with the requirements of the Monson Zoning Bylaws and the Notice of Decision for Site Plan Approval issued by the Monson Planning Board.

It was the consensus of the Board that no more permits shall be issued for the project until the issue of the bond is resolved.  The Board will review the issue at its meeting on May 20, 2014 and if there is no progress will consider other measures such as asking the Building Commissioner to stop building and electric inspections until such time as a bond is in place.  

Kevin Haley moved to approve the minutes of March 24, 2014 as amended.

Tara Hengeveld seconded the motion.

It was so voted, unanimous.

Dan Laroche updated the Board on the new Town Office Building project and the Memorial Town Hall project to address life safety issues.

8:25 With no further business Tara Hengeveld moved to adjourn.

Kevin Haley seconded the motion.

It was so voted, unanimous.

Respectfully submitted,


Linda A. Hull