MONSON ZONING BOARD OF APPEALS
MAY 28, 2009
MEMBERS PRESENT: David Beaudoin, Frank Carey, David Jarvis, Kevin Biermann, and Scott O’Neill
MEMBERS ABSENT: Tere Hrynkiw
7:30 Chairman David Beaudoin convened the meeting and the Board signed the bill schedule.
Kevin Biermann moved to accept the minutes of April 23, 2009 as presented.
Frank Carey seconded the motion.
It was so voted unanimous.
The Board received a request from Jeffrey Lord 33 Green Street for a renewal of his special permit to operate a Bed & Breakfast establishment.
The Board did not receive any correspondence from any Town Department objecting to the renewal.
Frank Carey moved to approve the renewal of the special permit for two years with the same conditions and limitation imposed in the original special permit.
David Jarvis seconded the motion.
It was so voted unanimous.
7:45 Public Hearing for Jonathan Crowley for a variance from the requirements of Section 3.2, Table 2 Dimensional & Density regulations for a driveway that is less than ten (10) feet from the abutting property line. The property is located at 23 Mechanic Street and is zoned Village Residential. The hearing was advertised in the Republican Newspaper the weeks of May 11, & May 18, 2009. Case B – 2009.
Members Voting: David Beaudoin, Kevin Biermann, Frank Carey, David Jarvis and Scott O’Neill.
Following comments from the Chairman regarding the powers and purpose of the Board, the manner in which the hearing would be conducted, the time constraints under which the Board must operate in accordance with MGL Chapter 40A, the rights of all concerned and introduction of the members of the Board Jonathan Crowley made a presentation to the Board.
Mr. Crowley stated he was present representing Stone Bear, LLC owners of the property. The property is a rental property that is accessed through a right of way. The right of way cuts across the neighboring property and although relations are good with the present owners should they ever move out that may not be the case. In order to eliminate any future problems, enhance the property and facilitate snow removal it would be to everyone’s advantage to construct a driveway to access the property directly from Mechanic Street. Mr. Crowley stated he spoke with John Morrell, Highway Surveyor to get his input as to the best location for the driveway. It was determined that the best solution would be to place it as close as possible to the abutting property line and so the request for the
variance is to locate the driveway three (3) feet from the property line. The abutter is in agreement with this.
Present and speaking in favor was Steven Slozak 24 Mechanic Street. Mr. Slozak state he lives directly across the street and was in favor of the variance.
John Crowley, Scottsdale Arizona stated he was the managing partner of Stone Bear, LLC and has agreed with the abuttor that Stone Bear, LLC would relinquish its right of way if they were able to put in a new driveway that is three (3) feet from the property line.
David Beaudoin stated he spoke with John Morrell about the variance and Mr. Morrell supported the location of the driveway.
Frank Carey stated he would like a notarized letter from the abutter stating that he had no objection to the granting of this variance.
Jonathan Crowley stated they had a good relationship with the abutter and wanted to resolve this issue of the driveway and would provide a notarized letter.
Frank Carey questioned if the parking area would remain the same?
Mr. Crowley stated it would.
David Jarvis questioned if the existing paved right of way across the abutting property and onto this property would be cut back?
Jonathan Crowley stated they intended to dig up where the driveway comes across the property and clean it up. The aim is to improve the property and at the moment they are having siding installed on the house.
There was no one in attendance to speak in opposition..
With no more questions from the Board Frank Carey moved to close the hearing at 7:55 P.M.
David Jarvis seconded the motion.
It was so voted unanimous.
Kevin Biermann moved to grant the variance for the installation of a driveway that would be no less than three (3) feet from the abutting property line with conditions:
- The applicant provide to the Board a copy of a notarized letter from the abutting property owner that he was in favor of the variance and a signed copy of the agreement from Stone Bear, LLC relinquishing the right of way across the abutting property.
- The setback and construction of the driveway shall be in strict conformance with the plan submitted with the application prepared for John E. Crowley by Adney Angelo Russo, PLS, dated April 24, 2009.
- The Variance shall be recorded in the Registry of Deeds prior to the construction of the driveway.
Frank Carey seconded the motion.
Each voting member was polled individually. The Board voted unanimously 5-0 to grant
the variance.
The Board found that the construction of a driveway that would allow each home to have its own access improved access safety for both properties and facilitated snow removal. The construction of the driveway was in keeping with other homes in the neighborhood.
8:00 P.M. Public Hearing for a Special Permit/Site Plan Approval as provided by Section 3.1, Table 1 Schedule of Use Regulations and Sections 4.2, 7.3 & 7.4 of the Zoning Bylaws. The applicant proposes to conduct a wood processing, wood storage operation on property located on Bethany Road shown on Assessors Map 112, Parcel 020 zoned as Industrial land. Advertised the Republican Newspaper the weeks of May 11, & 18, 2009.
Case No: C – 2009.
Chairman David Beaudoin stated he would not repeat his comments prior to the first hearing regarding the purpose of the Board and the way in which the hearing would be conducted etc. unless there was anyone present who had not heard them the first time.
Keith Terry, Sherman & Frydryk, was present representing the property owner and gave an overview of the project. The property falls into two zoning districts with the highest proportion of the site in the Industrial zone. All of the proposed work will take place within the land that is zoned for Industrial use. Previously the property owner petitioned the Town for site plan approval to construct a building to the south of the entrance for a manufacturing operation. The Town approved the project but the property owner did not move forward with it. Single family homes are located on the south side of the entrance to the property with a large tree buffer between the residential properties and the area of work. On the north side is a construction company L & D. The
intention is to store fresh cut wood on the property and process it into cordwood for delivery. No grading or building is proposed on the property. There will be equipment on site, but no fuel will be stored there. The equipment will be filled from a contractor’s vehicle. Hours of operation are proposed as 8:00 A.M. to 5:00 P.M. Monday through Friday. It is estimated there will be no more than 30 to 40 trips a day. The actual work will take place at least 200 feet from the roadway. It is proposed to have a sign at the front of the property.
Present and speaking in favor was: Scott & Mary Watson, Bogan Road and Kenneth Hamel, Belchertown.
David Jarvis questioned if this would be a 12 month of the year operation?
Scott Watson stated it would.
David Jarvis questioned the type of equipment?
Scott Watson stated a cord wood processor for cutting the tree length logs, track skid steer with a grapple attachment to load the wood into the processor and a conveyor to move the split wood into the delivery truck. The machine that processes the wood is not unusually loud it has a four cylinder motor.
Frank Carey stated when the Board members made a site visit there was an excavator and bulldozer on the site.
Scott Watson stated he stored them on the property and would only use them for excessively large pieces of wood.
Frank Carey questioned if any wood chipping was proposed on site?
Scott Watson stated no.
Frank Carey questioned what was proposed for fire prevention?
Scott Watson stated he did not propose anything for fire prevention other than the fire extinguishers on the equipment.
Frank Carey questioned what was proposed to dispose of any trash on the site?
Scott Watson stated he had a dumpster at his house and would use a 30 gallon trash barrel on the site and empty it when necessary.
Kevin Biermann questioned what was proposed for sanitary arrangements? If no building was proposed would a sani-can be used?
Scott Watson stated no.
Kenneth Hamel stated if the Board members were concerned with how the property would be kept they only have to look at Diversified Metals located on Main Street. He stated he owns that property and assured the Board this property would be kept in the same manner.
Keith Terry stated with the trucks moving the wood in and out there would be opportunities to use bathroom facilities elsewhere.
Frank Carey stated he agreed with Mr. Biermann that some type of sanitary facility should be located on site. There are residences on the south side of the property and the Board must have a degree of comfort that it has made every effort to protect the residents’ privacy and property.
Scott Watson stated he would make provisions for a sani-can on site.
David Beaudoin stated he spoke with Craig Jalbert, Water & Sewer Superintendent, Fire Chief, George Robichaud and Police Chief, Stephen Kozloski and while they did not have any opposition to the proposal all would like to be able to enter the premises and check the property. Mr. Beaudoin stated he agreed with Mr. Biermann and Mr. Carey that there should be a sani-can on the site. Although he believed the property would be kept in the best possible manner Mr. Hamel and Mr. Watson would not be on the site 24/7.
Frank Carey stated Lydell Industries have one on their site.
Scott O’Neil questioned if there would be a spill kit on hand?
Scott Watson stated there would and he would be happy for the Fire Chief to inspect. He stated he would provide a Chief Robichaud with a key to the gate.
David Jarvis stated it is good to have the Fire Department on board green wood should not be a problem but it is best to be on the safe side.
Chip Lapointe stated the plan shows a proposed sign 100 square feet maximum. If that is the case the applicant would need a special permit from the Zoning Board. The Sign Bylaw provides for an individual sign not to exceed twenty (20) square feet, anything over that but less than 100 square feet requires a special permit from the Zoning Board of Appeals.
Scott Watson stated the sign would be in conformance with the Monson Bylaws.
Chip Lapointe stated there is a noise bylaw that allows the maximum sound pressure level measured at the lot lines to be 70 dB(A’s) and he wanted to be sure that everyone was aware of that.
Scott Watson stated any chain saw use would be sporadic. The processor is the main piece of equipment. He questioned if Mr. Lapointe had received any complaints about the equipment L & D were using two weeks ago.
Chip Lapointe stated he had not.
David Beaudoin stated if the Board was to grant the special permit he would like to make it a condition that it was granted for one year with the provision that it would be renewed upon written request provided there were no complaints and no violations of the Monson Zoning Bylaws.
David Jarvis made a motion to close the hearing at 8:30 P.M.
Kevin Biermann seconded the motion.
It was so voted unanimous.
David Jarvis stated he agreed with the other Board members there should be some type of sanitary arrangements. The Water & Sewer Department, Police Department and Fire Department should have access and he would go along with the issuance of a permit for one year with the condition that barring any complaints or violations of the bylaw itself the special permit would be renewed.
David Jarvis moved to grant a special permit for the purpose of wood processing and storage on property owned by Kenneth Hamel located on Bethany Road with conditions:
- The applicant shall provide some type of sanitary facility on site.
- The applicant shall provide the Fire Chief with a key to the property and allow inspection of the property and any fire extinguishers and spill kits.
- The applicant shall allow inspection of the property by the Water & Sewer Department, Police Department and agents of the Zoning Board of Appeals during normal working hours.
- Hours of operation shall be 8:00 A.M. to 5:00 P.M. Monday through Friday with no operation taking place on Saturdays, Sundays or holidays.
- All operations on the site shall be in conformance with Section 5.1.3 Noise of the Monson Zoning Bylaws.
- All signage shall be in conformance with Sections 5.3.2 and 5.3.4 of the Monson Zoning Bylaws.
Kevin Biermann seconded the motion.
Each member was polled individually.
The Board voted unanimously 5-0 to grant the special permit for Wood Storage and Wood Processing with the aforementioned conditions.
The Board found that the granting of the Special Permit with the attached conditions met the criteria for the issuance of a special permit. The proposed use is appropriate for the zone in which the land is located.
At 8:45 P.M. Frank Carey moved to go into executive session not to return to open session for the purpose of discussing pending litigation.
David Jarvis seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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