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 NOVEMBER 21, 2013
MEMBERS PRESENT: David Beaudoin, Frank Carey, David Jarvis, Scott O’Neill, Ronald Fussell and Tere Hrynkiw.
MEMBERS ABSENT: John Martin
David Beaudoin convened the regular meeting at 7:30 P.M.
David Jarvis moved to accept the minutes of October 24, 2013 as presented.
Frank Carey seconded the motion.
It was so voted by majority vote: David Beaudoin, Frank Carey, David Jarvis, Ronald Russell and Tere Hrynkiw.
Scott O’Neill abstained as he was not present at the meeting.
David Jarvis stated if the Board does not receive an application for a public hearing in time to be heard at the December 19, 2013 he would move to cancel the meeting of December 19, 2013.
Frank Carey seconded the motion.
It was so voted unanimous.
7:45 David Beaudoin reconvened a public hearing for a Special Permit for Earth Removal for property owned by Antonio Fernandes located on Boston Road.
Michael Mocko submitted copies of the final plan that was revised to reflect the comments of the independent reviewer Donald Frydryk, P.E.P.L.S Land Surveying & Engineering. He stated he put his comments in writing to Mr. Frydryk and received the final review dated October 30, 2013.
David Beaudoin stated the Board also received copies of the final review with a last revision date of October 30, 2013. The hours of operation for the earth removal are 7:00 A.M. to 5:00 P.M. Monday through Friday and 7:00 A.M. to Noon Saturdays.
Frank Carey stated he would like to add that no work shall take place on Sundays or Holidays. This Board has consistently imposed that condition on previous special permits that have been granted for earth removal.
David Beaudoin stated the only outstanding question for him is the bond.
Antonio Fernandes stated he would provide a bond in the amount recommended by Donald Frydryk which is $58,350.00.
Frank Carey stated the bond should be submitted to the Town for approval prior to the start of any earth removal operation. Mr. Carey questioned if it was proposed to have chain link fencing in the front?
Antonio Fernandes stated there will be fencing and gates along the front of the property.
Michael Mocko stated it is proposed to run orange construction fence around perimeter to provide a visible barrier for anyone who may be using an ATV up and down the railbed. The risk is there and it was felt the orange fence would give a warning.
Frank Carey questioned if there would be signs on Route #20 warning of trucks entering and exiting?
The consensus of the Board was that any signage on Route #20 was under Massachusetts Department of Transportation control.
David Beaudoin moved to close the public hearing at 8:10 P.M.
David Jarvis seconded the motion.
It was so voted, unanimous.
David Jarvis moved to approve a special permit for Earth Removal for Antonio Fernandes for property located on Boston Road with conditions that include:
- Bond
- Hours of operation.
- Dust control.
- Copy of the Stormwater Prevention Pollution Plan (SWPPP) prior to the issuance of a building permit.
- “As built” plans prepared by a certified engineer shall be submitted to the Zoning Board of Appeals prior to the acceptance of the project as complete.
- No blasting, crushing or rock on site.
Ronald Fussell seconded the motion.
It was so voted, unanimous.
Members Voting: David Beaudoin, David Jarvis, Frank Carey, Ronald Fussell and Tere Hrynkiw.
David Beaudoin stated at one time he worked on projects in his capacity as a licensed electrician for William Lemon Sr. but has never worked for William Lemon Jr. who is one of the partners in the Palmer Road Nominee Trust.
8:15 David Beaudoin convened a Public Hearing for a Special Permit as provided by the Schedule of Use Regulations Table 1 of the Monson Zoning Bylaws allowing for a retail business in an Industrial Zone. The property is located at 130 Palmer Road, Monson and is owned by Palmer Road Nominee Trust.
Following comments from Chairman David Beaudoin regarding the powers and purpose of the Zoning Board of Appeals, the manner in which the Public Hearing would be conducted; the time constraints the Board must meet to hold a public hearing and file a decision in the office of the Monson Town Clerk and introduction of the members of the Board, the Clerk read the legal notice as it appeared in the Republican Newspaper the weeks of November 5, & 12, 2013, Case Number F – 2013.
Raymond Blanchette, Esq., counsel for the petitioners made a presentation to the Board stating the Monson Zoning Bylaws allows a retail use on Industrial Zoned property with the issuance of a special permit from the Zoning Board of Appeals. This particular property has had no industrial use in the building since the 1960’s. Past uses have included restaurants, curves and currently offices. It is proposed to operate a convenience and package store in space previously used by a pizza restaurant and curves. There is more than adequate parking on the site and the entrance for the convenience store is separate from the office entrance.
David Jarvis questioned if it was a full liquor license?
Atty. Blanchette stated the liquor license is pending and it is a full liquor license.
Present and speaking in favor was: William Lemon Jr. and Rajesh R. Patel.
No one was present to speak in opposition.
With no further questions from the members of the Board Frank Carey moved to close the public hearing at 8:35 P.M.
Ronald Fussell seconded the motion.
It was so voted, unanimous.
David Jarvis moved to grant a special permit to operate a convenience/package store on property zoned industrial with conditions:
The applicant shall comply with all Federal, State and rules and regulations of the Town of Monson.
Members Voting: David Jarvis, Frank Carey, Ronald Fussell, Tere Hrynkiw and Scott O’Neill.
Frank Carey seconded the motion.
8:45 Frank Carey moved to adjourn.
David Jarvis seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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