MONSON ZONING BOARD OF APPEALS
MINUTES OCTOBER 26, 2006
MEMBERS PRESENT: William Donovan, David Beaudoin, Frank Carey, Kevin Biermann and Nicola Gioscia.
7:30 William Donovan convened the meeting. The Board signed the bill schedule.
David Beaudoin made a motion to accept the minutes of September 28, 2006 as presented.
Nicola Gioscia seconded the motion.
It was so voted unanimous.
The Board received a letter from Mr. & Mrs. Ouellette abutters to the property at 181 Wilbraham Road owned by Kevin Phillips. Mr. & Mrs. Ouellette agreed with the Boards’ decision regarding the earth removal permit requested by Mr. Phillips.
Frank Carey made a motion to move the November meeting forward one week because of Thanksgiving to November 16, 2006.
David Beaudoin seconded the motion.
It was so voted unanimous.
David Beaudoin made a motion to move the December meeting forward one week because of the Christmas holiday to Thursday December 14, 2006.
William Donovan and Nicola Gioscia stated they did not have their schedules with them and requested the decision be made regarding the December meeting at the November meeting.
David Beaudoin withdrew the motion.
7:45 PUBLIC HEARING CONTINUED FOR A SPECIAL PERMIT FOR EARTH REMOVAL ON PALMER ROAD. THE APPLICANT IS MAELDUN LLC.
William Donovan stated the Board received correspondence dated October 18, 2006 from Sherman & Frydryk, responding to the review and comments from David Loring, Tighe & Bond dated September 19, 2006.
1. Means & methods of removal?
Standard excavation measures including loaders, excavators, bulldozers and dump trucks.
Donald Frydryk stated based on soil testing no ledge is anticipated, however if it is encountered it may not be practical to go beyond the first phase which is the construction of the building. If it is not possible to have the storage area the applicant will come forward with a different plan.
Nicola Gioscia questioned if more than one contractor was going to be on site?
Kevin Haley stated they would prefer just one. The idea is to remove the material as soon as possible. He stated they were not looking to make this a long-term project.
Donald Frydryk stated while there maybe numerous contractors with trucks there would only be on contractor responsible for the site.
Nicola Gioscia stated he was not concerned with the number of people coming in and off the property his concern was who was maintaining control of the site.
2. Temporary structures.
No temporary structures are anticipated.
3. The hours of operation.
Hours of operation are proposed for Monday to Friday 7:00 A.M. to 4:00 P.M. and 8:00 A.M. to 12:00 P.M. Saturday.
William Donovan stated in the past the Board has allowed material to be moved around on site on Saturday mornings 8:00 – 12:00 P.M. but nothing to leave the site. He questioned what was proposed if large boulders were encountered that would require crushing or breaking them up?
Chip Lapointe stated he knew that was an issue with residents of Country Club Drive because of the noise from the disposition of the boulders on the Palmer Road project but the Board could set different hours for that type of work.
William Donovan stated he would prefer to set different hours for the use of machinery to crush boulders on the property if any were encountered. The property is zoned industrial and is surrounded by industrial and commercial property with the exception of reserved land in the back that is the golf course and residential village property on the northerly side. However the northerly residential side of the property is not being touched so while he would have no problem with the hours proposed by the applicant for the earth removal he wanted to set more restrictive hours if any boulder crushing were necessary.
4. Rules transporting through Town
A highway entrance from Mass Highway Dept. has been obtained and all trucks leaving the site will have to meet weight regulations.
5. Area and depth excavation.
No response required.
6. Distance of excavation to street and lot lines.
A 25-foot buffer is to be maintained along the westerly and southerly property lines.
Nicola Gioscia stated he was not clear on the proposed setback from abutting property lines was that the same as buffer?
William Donovan echoed that sentiment questioning the measurement in feet from the abutting property lines?
Donald Frydryk stated there were two areas of concern the southerly and westerly boundary lines. At the completion of all three phases of the project the closest point on the westerly boundary would be 16 – 18 feet.
William Donovan stated in the past the Board has not allowed any excavation under the canopy of the trees on abutting property.
Kevin Haley stated there is no canopy on the southerly side of the property.
Kevin Biermann questioned what would happen with run off because the southerly side of this property is higher than the abutting property?
Donald Frydryk stated there would not be a run off problem because everything is graded back into the applicant’s property.
Kevin Biermann stated the plan indicates there will be fill within 10 feet of the property line.
Donald Frydryk stated the filled area is there now to the property line.
William Donovan stated to clarify the excavation is within 10 feet of the westerly and within one-foot southerly boundaries.
Donald Frydryk stated following comments from David Loring the southerly boundary of excavation was moved to 10 feet and the westerly boundary is close to 18 feet.
7. The steepness of slopes.
William Donovan stated the Board recently denied a project proposing a 2:1 slope and the last earth removal in an industrial zone that was allowed proposed 3:1 slopes. David Loring has consistently recommended a 3:1 slope.
Donald Frydryk stated David Loring addressed the slope issue in his letter dated October 24, 2006. The 2:1 slope is mitigated by the grading bench and the geotextile fabric reinforcement. The ground cover proposed is a Crownvetch seed mix this is suitable but due to its germination requirements it should not be planted in the fall.
Donald Frydryk stated the 2:1 slope would be constructed in the spring.
William Donovan stated he had never voted in favor of 2-1 slope because in the past David Loring has advised the Board such slopes are impossible to maintain even with a bench.
Nicola Gioscia stated he believed this particular 2:1 slope would be maintainable with the bench and geotextile fabric because the height is not great.
Chip Lapointe questioned the steepest existing slope now?
Donald Frydryk stated it is greater than 2:1 and the finished grade overall will be less than what it is now.
William Donovan questioned if the slope on northerly side of the property as it exists now was 2:1 slope.
Donald Frydryk stated it is greater than 2-1.
David Beaudoin is recommending additional plantings on the slopes.
Donald Frydryk stated they would have to be careful with that because the effectiveness of the geotextile fabric could be compromised if a lot of holes were punched through it for additional plantings. Possibly once the Crownvetch seed mix was established another ground cover could be added.
Chris Haley stated he took Mr. Loring’s comment to mean that low growing bushes should be added for the long term.
Chip Lapointe stated the Board could include a condition that once the slope is stabilized additional plantings should be added.
William Donovan stated he was still concerned with the proposed 2:1 slopes and the applicants ability to maintain the slopes. He questioned how quickly each phase would be accomplished?
Donald Frydryk stated that is a hard question to answer the first phase of the project is the construction of the building and it is the applicants intent to get that done as soon as possible. If after one year the applicant has not completed phase 1 the Board could require the applicant to bring the open slope to 3:1.
William Donovan questioned if Mr. Frydryk would guarantee there would be no erosion?
Chip Lapointe stated if there were to be any erosion it would go into the flat area where pellets are now stored.
William Donovan stated that does not protect the Board legally.
Chip Lapointe suggested the Board consider issuing three different permits one for each phase of the work.
William Donovan stated he was not questioning the applicants desire to complete the project and had no concerns they would not build as the plans indicate. The concern was the 2:1 slope and the length of time the project would take. Mr. Donovan questioned how other Board members felt about approving just Phase 1 the progress would be evaluated within one year or sooner and subsequent phases of the project would be dependent on the satisfactory completion of the preceding phase.
Kevin Haley questioned if the Board would require a review fee for Phase 2 & 3.
William Donovan stated David Loring has reviewed the complete project, however if anything changes for Phase 2 & 3 the Board would expect a review by Tighe & Bond and further fees would be necessary. The Board would require an application fee for Phase 2 and Phase 3 because a new hearing would be held for each phase of the project.
Kevin Haley stated there maybe a change because they are in the process of contacting the abutter to the south regarding smoothing out a slope that extends onto their property.
Frank Carey agreed with Mr. Donovan stating he believed separating the project into three special permits was a good idea with each succeeding permit dependent on the success of the previous phase.
William Donovan stated he wanted to make it clear that if the property had been in a residential zone he would not have supported anything other than a 3:1 slope. The only reasons he would support the petition is because the property is in an industrial zone, the special permit is issued only for Phase 1 with approval of the other phases dependent on the successful completion of the preceding phase and the only area of the property that is to be left untouched is the area that abuts residentially zoned property.
8. No #8 included in Tighe & Bond correspondence.
9. The applicant provided storm water mitigation for all phases of the construction and post construction site conditions.
10. Disposition of stumps and boulders.
All stumps and unsuitable material will be removed from the site. Large boulders will be split on site by mechanical means and removed excepting those used to mark the limit of work.
William Donovan stated he would like to restrict the use of mechanical equipment to split any large boulders on the site between 9:00 A.M. and 3:00 P.M. Monday through Friday. The equipment would not be operated weekends or holidays.
11. Fencing and signs.
A temporary construction fence is proposed along the westerly limit of each phase of the work.
William Donovan questioned if a gate was proposed into the site?
Kevin Haley stated a gate would restrict access to the site and cause a dangerous parking situation on a State Highway. The site is lit and there are no trespassing signs.
12. No #12 included in Tighe & Bond correspondence.
13. Planting of suitable cover.
The Board has discussed the plantings and ground cover.
14. Provisions for proper access and egress to and from the site.
The applicant provided a copy of the Mass Highway Entrance Permit as part of the project.
15. Opaque fencing and or vegetated buffer to collect dust and mitigate visual impacts.
No fencing or vegetated buffer is proposed because visual impact is limited due to the location of the property. The dust would be controlled by watering the site or use of an environmentally safe dust control agent.
William Donovan stated a performance bond in the amount of $117,000.00 was recommended by David Loring for each phase of the project.
Nicola Gioscia moved to close the hearing at 9:25 P.M.
David Beaudoin seconded the motion.
It was so voted unanimous.
David Beaudoin moved to approve a special permit for earth removal to Maeldun, LLC with conditions:
This special permit is issued for Phase 1 of the project only.
This special permit is issued for a period of one year. The applicant may request an extension for one year only by written request to the Board. The applicant is limited to one extension for this special permit.
Slopes shall be finished in accordance with the plan.
A Bond in the amount of $117,000.00 shall be posted for Phase 1.
Hours of operation shall be 7:00 A.M. to 4:00 P.M. Monday through Friday. Saturday 8:00 A.M. to 12:00 P.M. to move material around on site no removal of the material off site shall be allowed on Saturdays. There shall be no work relating to earth removal on the site on holidays or Sundays.
The Monson Zoning Board or its agent shall be allowed access to the site.
Nicola Gioscia seconded the motion.
Each member voting was polled individually.
The Board voted unanimously to approve a special permit for earth removal Phase 1 to Maeldun, LLC for property located on Palmer Road.
David Beaudoin moved to adjourn at 9:35 P.M.
Frank Carey seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
Clerk
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