The Town of Monson
Zoning Board of Appeals
29 Thompson Street
Monson, MA 01057
413-267-4111
Fax 267-4108
MONSON ZONING BOARD OF APPEALS
MINUTES AUGUST 22, 2013
MEMBERS PRESENT: David Beaudoin, Frank Carey, Ronald Fussell and Tere Hrynkiw.
MEMBERS ABSENT: John Martin, Scott O’Neil and David Jarvis.
Also Present: Antonio Fernandes, Michael Mocko, Elizabeth Fernandes and Paul Woloshchuck.
Chairman David Beaudoin stated only four members of the Zoning Board of Appeals are present this evening and five members are needed to hear the petition for a Special Permit for Earth Removal, unless, the applicant is willing to go forward with only four members with the understanding that all four members must vote to approve the Special Permit. If five members were present it would require at least four members to vote in favor and one dissenting vote would not invalidate the approval of a Special Permit.
Mr. Fernandes stated he would go forward with the members present this evening.
David Beaudoin described the manner in which the hearing would be conducted and the time constraints the Board must meet to hold a public hearing and render a decision. Following his remarks Frank Carey read the legal notice as it appeared in the Republican Newspaper the weeks of August 7, and 14, 2013, Case # D – 2013.
7:45 David Beaudoin convened a Public Hearing for a Special Permit for Earth Removal from Antonio & Elizabeth Fernandes for property located on Boston Road West, identified on Assessors Map 064, Parcel 002. The applicants are requesting a special permit to remove earth in order to prepare the site for construction of a commercial building and parking area to store and repair the vehicles and equipment associated with their excavation business.
Michael Mocko representing the applicants stated as required by the Monson Zoning Bylaws to remove 14,000 cubic yards of earth his clients were before the Board to request a special permit to remove earth from property they own on Boston Road West. The reason for the earth removal is to prepare the site to construct a building and parking area to accommodate Mr. Fernandes excavating business. Mr. Fernandes is a contractor who supplies specialty excavation, crushing and gravel screening equipment. Mr. Fernandes does not propose to operate that equipment on this site. This is his business location that will be used to park the machinery and the building to repair the equipment. Typically the machinery is off site and would stay at a job site until the project is completed and then returned to his home base
(this site) for storage and to catch up on repairs as needed. The equipment is hauled on a low bed trailer that has limited ground clearance typically 4 inches to 6 inches off the ground which necessitates the removal of the material to make the grades adequate for the trailers to safely come and go. There is an existing curb cut on Boston Road that has been used by National Grid CSX Railway and Exxonmobile Pipeline to facilitate repairs to the National Grid transfer station, the railway and the pipeline. It is proposed to extend from the existing curb cut into the property and remove approximately 14,000 cubic yards of material and grade the property to accommodate a storage building and parking area. Mr. Fernandes could easily remove that amount of material in one year but would ask the Board to consider a two year permit to allow him to find a market for the excavated material. The plan proposes a sediment basin to store and filter any run off
during the earth removal operation. A tracking pad is proposed to ensure that material is not tracked out onto Route #20. All final grades are shown on the plan.
Ronald Fussell questioned the size of the proposed building?
Mr. Fernandes stated approximately 60’ x 100’. He submitted a letter dated January 29, 2013 from the Town of Palmer Water Pollution Control Facilities Superintendent Gerald Skowronek, that the property under review has access to the Town of Palmer Sanitary Sewer System.
Michael Mocko questioned the independent review of an application for earth removal including the Stormwater Management stating he was under the impression that the Stormwater Management was part of the Notice of Intent and under review by the Conservation Commission.
David Beaudoin stated the Board of Appeals typically has an independent review of petitions for a Special Permit for Earth Removal. The members of the Board do not have the expertise needed to ensure that the proposed excavation depths, contours and steepness of slopes would not adversely affect abutting properties and roadways.
Mr. Fernandes questioned if the Town had a Town Engineer?
David Beaudoin stated Monson does not have a Town Engineer and that is why Earth Removal/Earth Filling applications for a Special Permit are sent for independent review at the applicant’s cost.
Mr. Fernandes stated after the last significant storm event he went to the site to determine if there was any run off and found none.
Frank Carey stated he would believe that because he was there and did not see any evidence of a run off.
David Beaudoin stated the review from Donald Frydryk, P.E. Sherman & Frydryk Land Surveying & Engineering has identified the areas of the Earth Removal General Requirements that have not been addressed by the applicant. Additionally in Mr. Frydryk’s general comments he recommends that the Board require the applicant to confirm that the entire locus property is within the Town of Monson and because the area of disturbance is over one acre file with the EPA’s National Pollution discharge Elimination System and provide a copy of the Stormwater Pollution Prevention Plan (SWPPP) to the Town of Monson.
Frank Carey expressed his concern that the Board has nothing from the applicant that shows he has permission from Mass Highway to access the State Highway from this site. Additionally it is not clear who owns the “rest area” is that the applicant; the Town of Palmer or Mass Highway.
Ronald Fussell stated he had the same concerns as Mr. Carey. The existing curb cut is from the half moon area/rest area whatever you want to call it and not from Mr. Fernandes property directly onto the State Highway, so it becomes very important to know who owns that property.
Frank Carey stated he remembered that at one time the George Washington plaque was on the K-Mart site and then moved to this site, but he has no idea if it was the Town of Palmer or Mass Highway who moved it.
David Beaudoin read into the record a letter from Palmer Town Planner Linda G. Leduc dated August 22, 2013 stating she had received a number of verbal concerns regarding this project from the Palmer Planning Board, the Palmer Police Chief and residents of Palmer a copy of which is attached to these minutes and incorporated therein.
Elizabeth Fernandes questioned why no one from the Town of Palmer called them? The equipment on the site clearly shows a telephone number to contact them.
David Beaudoin read into the record a fax to the Town of Monson Zoning Board, Planning Board and Conservation Commission dated August 21, 2013 from Roger & Lorraine Landry, 1303 Calkins Road identifying areas of concern with regard to approval from MassDOT for access from Route #20 and the storage and disposition of fuel, antifreeze, waste oil etc. that is proposed to be stored on the property a copy of which is attached to these minutes and incorporated therein.
Ronald Fussell stated questions still remain regarding the location of the Monson / Palmer Town lines and the access for the applicant to the State Highway.
Michael Mocko stated the gravel removal is temporary, when that is completed the traffic generated by the operation of Mr. Fernandes excavation business will be significantly less. If Mr. Fernandes were to remove the gravel in a continuous operation it would take approximately two months but he is asking for an extended period of time to remove the material when he has a buyer for it.
There followed a lengthy discussion between the Board, Mr. Fernandes and Mr. Mocko regarding the access to the property. Mr. Fernandes believes the curb cut is an existing curb cut and no further permission is required from Mass Highway. The Board questions the location of the curb cut because it is located on the “half moon / rest area” and not directly from the property onto Route #20. The location of the Town of Palmer and Town of Monson line is in question, as is the ownership of that area. If the Town of Palmer owns that area Mr. Fernandes would be required to have approval from the Town of Palmer.
David Beaudoin stated the applicant must provide a written response to each question raised by Mr. Frydryk and provide the Board with a letter from Mass DOT regarding the curb cut.
Mr. Mocko stated he typically would work directly with Mr. Frydryk to answer his concerns.
David Beaudoin stated the Board would still require a written response to each concern raised by Mr. Frydryk to ensure that the file is complete and any future review of the file provided a complete and accurate account of the hearings on which the Board based its decision.
Mr. Fernandes made a written request to continue the public hearing to Thursday September 26, 2013 at 7:45 P.M.
David Beaudoin moved to continue the meeting to September 26, 2013 at 7:45 P.M.
Tere Hrynkiw seconded the motion.
It was so voted unanimous.
Frank Carey moved to approve the minutes of June 27, 20013 with a correction that John Martin was present at the meeting.
Tere Hrynkiw seconded the motion.
It was so voted unanimous.
David Beaudoin moved to adjourn at 9:45 P.M.
Tere Hrynkiw seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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