MONSON ZONING BOARD OF APPEALS
AUGUST 24, 2006
MEMBERS PRESENT: William Donovan, David Beaudoin, Frank Carey, Roger Pelletier and Kevin Biermann.
MEMBERS ABSENT: Nicola Gioscia
7:30 Chairman William Donovan convened the meeting.
David Beaudoin moved to approve the minutes of July 27, 2006 as presented.
Kevin Biermann seconded the motion.
It was so voted unanimous.
The Board signed the bill schedule in the amount of $419.94.
The Board received a letter from Atty. Edward Kivari requesting the Board consider an administrative appeal of a decision made by the Zoning Enforcement Officer on behalf of his client Robert E. Mason, 26 Bunyan Road, Monson.
The Board mailed Atty. Kivari the application for an appeal with instructions for filing with the Town Clerk on August 8, 2006. The Board did not receive a completed application from Atty. Kivari in time to advertise the public hearing in accordance with MGL Ch. 40A. The Board contacted Atty. Kivari’s office by telephone on August 22, 2006 and faxed a copy of the application and instructions to him on that date.
7:45 PUBLIC HEARING FOR A SPECIAL PERMIT TO FILL LAND LOCATED ON MOULTON HILL ROAD, ASSESSORS MAP 143, PARCEL 001G. PROPERTY OWNER AND APPLICANT IS GIRARD HOMES, INC.
CASE NO: G – 2006.
MEMBERS VOTING: William Donovan, Roger Pelletier, Kevin Biermann, Frank Carey and David Beaudoin.
Following the Chairman’s comments regarding the powers and purpose of the Board, the manner in which the hearing would be conducted and the rights of all concerned David Beaudoin read the legal notice as it appeared in the Republican newspaper the weeks of August 7 & 14, 2006.
The petition before the Board is for a special permit to fill an area of a lot on Moulton Hill Road and the volume of fill required is in excess of that allowed by the Monson Zoning Bylaw without a special permit.
John Girard stated he purchased the lot to build a single family home that he intends to sell. The proposed septic system is a raised system and in order to bring the house to the same grade approximately 300 cubic yards of fill is needed. In addition to the 300 cubic yards for the house approximately 166 cubic yards of Title V material will be needed for the septic system. The existing grade of the land will not change on the right side of the property or in the rear.
No one was present to speak in favor or in opposition to the petition.
William Donovan stated the bylaw requires that the fill be no closer than ten feet to any property line.
Mr. Girard stated he would not be changing the existing grade at the property line.
Chip Lapointe stated the excavator must stay 10 feet away from the property lines. The intent is that no water from this property can flow onto abutting property.
Mr. Girard stated he would make a swale and keep the water flowing the same way it does now toward the rear of the property.
Frank Carey questioned if when the front of the lot was filled is the grade still lower than the road?
Mr. Girard stated it would be approximately 1 foot lower than the road.
Kevin Biermann stated he shared the same concerns as Mr. Donovan with regard to the distance of the fill from the property lines. He also questioned if he was certain about the cubic yards of fill he would need because he would be filling approximately 10 feet at the front of the proposed house?
With no further questions David Beaudoin moved to close the hearing and take the matter under advisement at 7:56 P.M.
Roger Pelletier seconded the motion.
It was so voted unanimous.
David Beaudoin moved to approve the Special Permit to fill land on Moulton Hill Road with the normal conditions that include:
The work must conform to the plan prepared by Coler & Colantonio dated February 4, 2005.
There shall be no filling of the land within 10 feet of the property lines and all run off must be contained on the property.
In lieu of a performance bond as required in the Monson Zoning Bylaws there shall be no Occupancy Permit issued until all final grading and slope stabilization is complete.
Kevin Bierman seconded the motion.
Each member was polled individually.
The Board voted unanimously 5-0 to grant the Special Permit.
8:00 PUBLIC HEARING FOR A SPECIAL PERMIT TO FILL LAND AT 359 SILVER STREET. EDWARD KUPIEC IS THE PROPERTY OWNER AND APPLICANT.
CASE H – 2006
MEMBERS VOTING: William Donovan, David Beaudoin, Roger Pelletier, Kevin Biermann and Frank Carey.
Following the Chairman’s comments regarding the power and purpose of the Board, the manner in which the hearing would be conducted, and the rights of all concerned David Beaudoin read the legal notice as it appeared in the Republican newspaper the weeks of August 7, & 14, 2006.
Also present at the hearing was Ed Kupiec and his consultant Donald Frydryk, Sherman & Frydryk, Land Surveyors & Engineers.
Donald Frydryk stated the filling of land is in conjunction with the construction of a single family home and septic system. The grade drops down from the road to a low point ensuring the drainage is not directed toward the road. The volume of fill including that associated with the septic system is 3,800 cubic yards.
There was no one present to speak in favor or opposition to the petition.
Frank Carey questioned how much fill had already been placed on the property?
Donald Frydryk stated he had no knowledge of the volume of fill but could say over the area that is to be filled the grade has been raised 3 to 4 feet.
Frank Carey questioned the proximity of the fill to the property lines?
Donald Frydryk stated no material had been placed within 10 feet of property lines and the additional fill would also be kept a minimum of 10 feet from the lines.
William Donovan questioned if the significant dip in the contour of the land is to be filled in?
Donald Frydryk stated it would to a point but the plan shows that there will be a low spot left to make sure there is no run off onto the road.
David Beaudoin stated he had the same question as Mr. Carey how many cubic yards had already been placed on the property?
Donald Frydryk reiterated that he did not know the volume of fill that had already been placed on the property. Based on the height of the fill and the area filled he would estimate 1200 cubic yards. The amount of fill that is being requested by the applicant is 3,800 cubic yards and that includes material for the septic system and the material that has already been placed on the site.
With no further questions Kevin Biermann moved to close the hearing at 8:20 P.M. and take the matter under advisement.
Roger Pelletier seconded the motion.
It was so voted unanimous.
8:20 PUBLIC HEARING FOR A VARIANCE FROM THE DIMENSIONAL REQUIREMENTS OF THE MONSON ZONING BYLAWS FOR BETHANY ROAD TRUST FOR PROPERTY LOCATED AT 140 BETHANY ROAD.
CASE NO: I - 2006
Following comments from the Chairman regarding the powers and purpose of the Board, the manner in which the hearing would be conducted and the rights of all parties concerned David Beaudoin read the legal notice as it appeared in the Republican newspaper the weeks of August 7, & 14, 2006.
Present at the meeting were Atty. Paul Maleck Doherty Wallace & Murphy, Counsel for Colleen CampoBasso, Trustee of Bethany Road Trust, Christopher Deloge Whitman & Bingham and Vincent CampoBasso.
Atty. Maleck submitted revised plans explaining the only change to the plans is the title page. The plans submitted with the application detailed the office addition but were titled Maintenance Station and that has been corrected and the plans are titled Office Addition. The plan is to remove the existing addition and construct a larger addition. Presently the space is used for storage and the tenant wants to enlarge the addition and use it as office space. The proposed addition would be 4 feet closer to the street than the existing addition. The front setback to the existing addition is 33 feet, when the addition is removed and the new one constructed the front setback will be 27 feet. Atty. Maleck stated the shape of the parcel is unique because of the arc of the road and a literal
enforcement of the setback regulations would make it difficult to make the change from storage to office space. The addition to the building would not deviate from the purpose of the bylaw that is to ensure adequate setback for safety. It was an existing non-conforming building and what is proposed does not make it substantially more detrimental to the neighborhood. He stated he believed the three elements required under Mass. General Law are met and respectfully requested relief in the grant of a variance.
Present and speaking in support of the petition was Vincent CampoBasso.
No one was present to speak in opposition.
David Beaudoin questioned why the addition could not be lengthened instead of coming out toward the road?
Chris Deloge stated the addition was designed to meet the tenant’s office requirements.
Frank Carey questioned if there were any plans to park vehicles near the building or near the road?
Chris Deloge stated there are no provisions to park vehicles in front of the building.
John Morrell, Highway Superintendent questioned if the 27-foot setback was measured from the property line or street line?
Chris Deluge stated from the property line.
With no further questions at 8:38 David Beaudoin moved to close the hearing and take the matter under advisement.
Kevin Bierman seconded the motion.
It was so voted unanimous.
8:40 PUBLIC HEARING FOR A SPECIAL PERMIT FOR EARTH REMOVAL ON PROPERTY LOCATED ON STAFFORD ROAD OWNED BY EQUESTRIAN HILL STATES, LLC.
CASE J – 2006
Following comments from the chairman regarding the powers and purpose of the board the manner in which the hearing will be conducted, the rights of all concerned and introduction of the Board. David Beaudoin read the legal notice as it appeared in the Republican the weeks of August 7 & 14, 2006
Michael Mocko, 1200 Converse Street, East Longmeadow was present to represent the applicant Equestrian Hill Estate LLC.
Mr. Mocko stated the property is located on the westerly side of Stafford Road. The applicant proposes to divide the property into 2 lots, an Estate Lot containing 11.21 acres and a standard lot containing 1-½ acres. Both lots would have the necessary frontage on Stafford Road. In order to meet the Zoning Bylaw requirement for a maximum 12% grade on an Estate Lot driveway earth must be removed. The property has been completely cleared. No construction on either lot is proposed until all of the earth material has been removed. The removal of the earth would proceed in stages by removing a third of the material and grade that area before moving onto another area. Temporary sediment and rainfall infiltration basins are proposed to prevent erosion and wash outs onto the road
while the work progresses up the hill. A silt fence will be installed as the work progresses and an anti tracking mat will be installed at the entrance to the property. The driveway will have water bars installed to direct the run off away from Route #32. Mr. Mocko stated the applicant has submitted EPA notice to the State.
Present speaking in favor of the petition was Dan Avery a partner of Equestrian Hills Estate, LLC.
The Board received correspondence from Police Chief Stephen Kozlowski expressing concern that because of the site’s location on Route #32 there is the potential for reduced visibility. He requested the Board require the petitioner to take any and all steps necessary to assure that vehicles entering and exiting the site do not negatively impact traffic safety on Route #32. Such measures may include proper signage on both sides of the project, police officers for traffic control, limiting the size of work vehicles and limiting the hours of operation.
The Board received correspondence from Shirley Michaud, Cabool, MO expressing concern that because of the topography of this property and its present condition (it has been completely stripped of vegetation) there could be negative impacts to her property that abuts the site. The potential for erosion because of the removal of all of the vegetation will be exacerbated by the proposed removal of vast amounts of earth.
The Board received correspondence from John Wilson 139 Stafford Road stating his strong opposition to the proposed sand and gravel operation proposed by Equestrian Hill Estates, LLC. If as rumored the proposed estate lot is a ploy to circumvent Monson’s Zoning Bylaws and operate a sand and gravel operation in a residential neighborhood the Board should deny the permit.
The Board received correspondence from Building Commissioner/Zoning Enforcement Chip Lapointe following his review of the project. His comments included that the plans do not show the method of removal and type of equipment to be used; the plans do not comment on type or location of temporary structures; hours of operation or general rules for transporting material through Town. The plans show excavation of up to forty (40) and sixty (60) feet deep and in some areas excavation is proposed right up to the property line. The proposed slopes are 2-1 but no data has been provided to show the stability of the underlying material and no data has been provided to show groundwater elevations as determined by monitoring wells because the property is within the Water Supply Protection District. Temporary and
permanent drainage is shown on the plan but no calculations have been provided to show the adequacy of these facilities. The trees have been removed from the site but the plans do not show the disposition of the boulders. Fencing for public safety has not been included and the Monson Bylaws require 4” of loam over the area and the plans do not show how much is to be placed and how stability is to be maintained on a 2 – 1 slope. The plans do not show planting details, species or spacing. The vegetated buffer strip has been removed so an opaque fence should be installed to collect dust and mitigate visual impact. Information has not been provided concerning the need or use of a stone crusher. It is common practice for other Boards in similar situations to require a traffic study for safety recommendations. A full statement as to the purpose of the earth removal has not been provided. The site can be developed into a
conventional building lot and an estate lot without the removal of any material from the site and be in conformance with the requirements of the Monson Zoning Bylaws.
Present and speaking in opposition to the granting of a Special Permit for Earth Removal were: Bill Nothe, Stafford Road, David St. Onge 200 Bumstead Road and John Costello 129 Stafford Road all three expressed concern that the site was an eyesore and posed a safety hazard.
Dan Genholt 126 Stafford Road stated he was opposed as his home is directly opposite the site and since the vegetation has been removed has experienced flooding from water coming off of the site across Route #32 onto his property.
Gordon Doss 152 Bumstead Road stated his enjoyment of his home and quality of life this past summer was affected by the continuous noise of chainsaws when the site in question was stripped. That pales in comparison to the noise and pollution if the petitioner is allowed to remove an 80 to 100 foot high hill.
George Ouellette stated he was present at a public hearing for an earth removal project on Bliss Street about 4 years ago. He stated the project was supposed to be finished in one year was granted an extension for another and is still not finished. The size of the site on Bliss Street and the amount of material that was removed does not come close in comparison to this site. Mr. Ouellette stated it will take years to remove the material from this site and the neighbors will have to endure the noise, pollution and safety hazards for as long as it takes.
Greg Davis 340 Stafford Road and Wes Harnois Stafford Road stated they were opposed to the project for the reasons already stated.
Judy Kline 344 Stafford Road stated there are two sand and gravel operations already existing on Stafford Road. One has been in existence for years although it is not active on a daily basis material is removed at least a couple of times a year. The other is located on the Monson, MA and Stafford Spring, CT border. The operation is active and extends into both towns. There is no need for a third gravel pit. Additionally the location of the other two are such that they are not surrounded by homes.
John Morrell, Highway Surveyor stated his concern with the impact of the trucks on the Town road and also where the material was going?
Fred Lowney 34 Stafford Road stated he agreed with Ms. Kline.
Herb Pelkey 103 Stafford Road stated Monson Sand & Gravel owns the property to the north of the site in question if they were to open up another operation his property would be sandwiched between two gravel pits.
Patricia Loncto 12 Bumstead Road and Muriel Dewey 12 Bumstead road stated their opposition calling the site an eyesore.
Joan Genholt 126 Stafford Road questioned which Town Officials looked the other way when the applicant removed every bit of vegetation seemingly without a permit?
Wendy Skillman 146 Bumstead Road submitted a letter and spoke on behalf of both herself and husband William Skillman. She stated Equestrian Hill Estates, LLC is also GARF Trucking Inc, 462 Palisado Avenue, Windsor, Connecticut. They are a hauling contractor of sand, gravel, stone fill and other bulk products. Ms. Skillman stated their property abuts the property in question and they have experienced increased erosion since the land was stripped of all the trees. If the Zoning Board approve a special permit for what is in essence a sand and gravel operation it will significantly decrease property values; create a traffic safety hazard on Route #32; create a safety hazard for children in the neighborhood and decrease the quality of life for all of the residents who abutt this property.
Leora Meurisse 246 Stafford Road stated she opposed the issuance of a special permit.
Diane Walsh 142 Stafford Road questioned who issued the permit to clear the property?
Meredith Berthiaume & Richard Shaw, 177 Stafford Road questioned why so much material had to be removed in order to build a house and have horses? Horses do very well grazing on hillsides. They questioned how many cubic yards of material would be removed, how long would it take and where was the material going? Route #32 is a State Highway and there is an S curve to the north and to the south of the entrance to the land large trucks entering and exiting the property would cause a serious traffic hazard.
Lawrence Table Stafford Road questioned what would stop Equestrian Hills taking the material out and walking away?
Carl Strout Stafford Road stated he was a direct abutter and was opposed to the issuance of an earth removal permit to GARF Trucking Company. The land has been clear cut with no provision for erosion coming from the property onto abutting properties. Mr. Strout stated he is the direct abutter to the north and it was inconceivable to him that he would have to live with the constant noise and dust pollution from a commercial gravel operation.
Glenn Pittslinger 158 Bumstead Road stated his opposition.
Fran St. Onge 200 Bumstead Road stated she is a school bus driver for the Town of Monson and Route #32 is her route. During the past winter and spring when the land was being cleared there were problems with the huge vehicles removing the wood. This would only be intensified with a gravel operation and would be a hazard for much longer than the logging was.
Karen Davies 340 Stafford Road voiced her opposition stating Route #32 is not the best of road because it has many curves and blind spots this type of operation would be a safety hazard.
William Donovan stated he would like to clarify that the public hearing was for a special permit to remove earth not a zone change. The Board was in receipt of letter from Carl Strout 113 Stafford Road referring to the request from Equestrian Hill Estates, LLC as a Zone Change. The zoning designation of a parcel of land can only be changed by a two third majority vote at Town Meeting and that is after the Planning Board has held a public hearing in which all abutters to the property have been notified.
Richard Shaw stated he believed there would have to be a zone change in order to remove over 200 yards of gravel?
William Donovan stated that was incorrect. Additionally with respect to the removal of the trees the Zoning Board of Appeals has no control over that. Mr. Donovan stated the Board has submitted a copy of the application to David Loring, P.E. Tighe & Bond who will respond to the Board. The plan as submitted and the statement attached do not quantify the amount of material that is proposed to be removed.
Michael Mocko stated there was not much that he could say to change the minds of those in attendance at the meeting. Many of the concerns raised by the Town and the abutters were valid traffic safety, slope stability and drainage. He stated they would try to address the concerns in the best manner possible for the applicant and the neighbors. On behalf of his client he requested a continuation to the meeting of September 28, 2006 at 7:45 P.M.
William Donovan stated in addition to addressing the concerns of those in attendance the applicant should explore the possibility of revising the plan to work with the topography rather than seek to flatten it.
David Beaudoin moved to approve the request for a continuance.
Kevin Biermann seconded the motion.
It was so voted unanimous.
10:00 The Board reviewed the application from Ed Kupiec for a Special Permit for the filling of land at 359 Silver Street
David Beaudoin expressed his concern that the applicant had already brought in a substantial amount of fill without a permit. An amount the applicant’s consultant was unable to quantify. Mr. Frydryk made a guess of 1200 cubic yards. He also questioned if the fill was clean fill that contained no tree stumps or construction debris?
Chip Lapointe stated the material that has been placed on the site so far meets the DEP standards for clean fill. He stated he was more concerned that what is shown on the plan is what is actually done and that the change in the grade on this property did not affect abutting properties.
William Donovan questioned if the fill was proposed no closer than 10 feet to the property lines?
Chip Lapointe stated the plan shows no fill closer than 10 feet to the property lines.
Kevin Biermann made a motion to approve the special permit for filling of land at 359 Silver Street with conditions:
The volume of fill is limited to a maximum of 3,800 cubic yards.
The filling of land and grading must be in strict conformance with the plans submitted prepared by Sherman & Frydryk, Land Surveying & Engineering signed by Donald Frydryk, P.E. dated 6/28/2006.
Only clean fill shall be used. The fill shall not contain tree stumps, concrete or other debris.
The times of operation for earth fill shall be 9:00 A.M to 5:00 P.M. Monday through Friday. No work pertaining to the filling of land shall occur on Saturdays, Sundays or holidays.
The fill material shall be no closer to the property lines than 10 feet.
Road signage shall be determined by the Monson Highway Department and the Monson Police Department.
In lieu of the bond required in Section 6.6.6.3 the Building Commissioner shall not issue an Occupancy Permit until all final grading and slope stabilization have been satisfactorily completed.
Roger Pelletier seconded the motion.
Each member was polled individually.
Voting to approve the Special Permit: William Donovan, Kevin Biermann, Frank Carey and Roger Pelletier.
Voting to deny the Special Permit: David Beaudoin.
Motion carried 4-1 to approve the Special Permit to fill land at 359 Silver Street.
10:10 The Board reviewed the petition of Bethany Road Trust for a dimensional variance for an addition to an existing building on Bethany Road.
William Donovan stated Atty. Maleck had addressed the required findings the Board must make in order to grant a variance. Certainly the shape of this parcel of land was different from those abutting it and a literal enforcement of the bylaw would be a hardship. The existing building was not in conformance with the dimensional requirement for the front setback and although the applicant was asking for a greater non-conformity it would not cause a safety hazard and was not detrimental to the neighborhood.
David Beaudoin moved to grant the variance with the condition that the office addition shall be no less than twenty seven feet from the front property line as shown on the plan prepared by Whitman & Bingham, Associates dated 8/15/2006.
Kevin Biermann seconded the motion.
Each member voting was polled individually.
The Board voted unanimously to grant the variance.
With no further business at 10:25 David Beaudoin moved to adjourn.
Frank Carey seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
Cc: BOH, BOS, Building Dept., Con Comm, Planning Board & Town Clerk.
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