MONSON ZONING BOARD OF APPEALS
MINUTES MAY 22, 2014
MEMBERS PRESENT: David Beaudoin, David Jarvis, Frank Carey and Ronald Fussell.
MEMBERS ABSENT: John Martin, Tere Hrynkiw and Scott O’Neil
Chairman David Beaudoin convened the meeting at 7:30 P.M.
David Jarvis moved to accept the minutes of March 27, 2014 as presented.
Frank Carey seconded the motion.
It was so voted, unanimous.
7:45 David Beaudoin convened a Public Hearing for a special permit as provided by Section 6.6 Earth Removal and Filling of Land of the Monson Zoning Bylaws. The applicant is proposing to place approximately 1,500 cubic yards of fill material on Lot 14 Reynolds Avenue to create a ridge to provide a visual and audio barrier between Main Street and the applicants’ property at 17 Reynolds Avenue. Lot 14 Reynolds Avenue is owned by the Buckwell Property Trust and is zoned Residential Village.
Present: Donald Frydryk, Sherman & Frydryk Land Surveying and Engineering, Ingrid Statz, Gary Pfisterer and Lauriston Moore.
Frank Carey read the legal notice as it appeared in the Republican Newspaper the weeks of May 6, 2014 and May 13, 2014 Case # B – 2014.
Following comments from David Beaudoin regarding the power and purpose of the Zoning Board of Appeals, the time constraints the Board must meet to hold a public hearing and file a decision, and introduction of the members of the Board, Donald Frydryk made a presentation to the Board.
Donald Frydryk described Lot 14 stating the site consists of a gentle slope following the Reynolds Avenue topography down to Main Street. The slope is open yard with a gravel drive to Reynolds Avenue. The applicant proposes to create an earthen berm that will be ten (10) feet different in grade from the top of the berm to Reynolds Avenue. It is proposed to have a 3 to 1 slope on the west side of the berm and a 4 to 1 slope on the east side. The existing loam will be stripped and approximately 1,150 cubic yards of fill placed on the site, four (4) inches of loam placed on the compacted fill and the slopes mulched and vegetated with shrubs and trees.
Donald Frydryk addressed Section 6.6.3 of the Monson Zoning Bylaws, Earth Removal General Requirements:
- Specific Conditions:
- Method of fill: Standard delivery by dump trucks with legal weight loads of clean fill that will not contain trash, hazardous waste, stumps or construction materials, placed and compacted.
- Type and location of temporary structures: No temporary structures are proposed.
- Hours of operation: Earth filling and grading operations will take place between the hours of 8:00 A.M. and 5:00 P.M. Monday through Friday excluding holidays. It is anticipated that once the earth filling commences it will take approximately two weeks to complete.
- Rules for Transporting Material through Town: Dump trucks will be loaded in a manner to prevent spillage of material onto town roads. All loaded trucks will have to meet current weight regulations. The applicant shall consult with the Monson Highway Department and Police Department regarding local ordinances and obtain all necessary permits prior to the commencement of work.
- Area and slope of fill: The earth fill covers approximately 0.33 acres with the maximum fill depth of ten (10) feet occurring near the middle of Lot 14. Slopes for the fill site are 3 to 1 along the west side of the ridge and 4 to 1 along the east side of the ridge.
- Distance of excavation to street and lot lines: The closest fill area to lot lines will be approximately three (3) feet along the west sideline of Lot 14.
Donald Frydryk stated there are a couple of typing errors in the material submitted that he would like to address. The closest fill area to lot lines is not three (3) feet, it is ten (10) feet to all lot lines. The other is the amount of fill proposed the total volume of fill material is not fifteen hundred (1500) cubic yards, it is eleven hundred and fifty (1150) cubic yards. Mr. Frydryk stated he would submit a revised narrative to the Board with the corrected information.
- Steepness of finished slopes: Proposed slopes are 3 to 1 along the west side of the ridge and 4 to 1 along the east side of the ridge. The disturbed area shall immediately be stabilized with a seed mix that meets the requirements of Mass. Highway Department Material Specifications M6.032 – Rye Grass Seed and be applied to conform to Mass. Highway Department’s Standard Specifications.
- Provision for temporary and permanent drainage: Temporary sedimentation basins may be requires as determined by field conditions at the time of the earth fill operation.
- Fencing and signs for Public safety: The applicant wishes to propose a temporary construction fence along the frontage on Reynolds Avenue with NO TRESSPASSING signs posted on it to prevent public access. If required, temporary advanced warning signs can be installed along Main Street.
- Stockpiling and replacement with loam: All stripped topsoil shall be stockpiled and have an erosion control barrier installed around the perimeter. A minimum of four (4) inches of topsoil shall be spread on all areas.
- Planting of area to suitable cover: See plantings in (g) additionally the slopes will be mulched and vegetated with a mix of native grasses, shrubs and trees.
- Provisions for property access and egress: Access to and egress from the site will be from the existing gravel driveway onto Reynolds Avenue.
Donald Frydryk stated the driveway to the Buckwell Property Trust property will be relocated to the legal frontage for that property.
- Opaque Fencing/Vegetated Buffer Strip: The applicant wishes to propose a temporary construction fence along the frontage on Reynolds Avenue. Erosion control is proposed around the entire site to delineate the limit of work and prevent access to the site. Dust control is proposed through watering the site or use of an environmentally safe dust control agent.
- Inspection of premises: The site will be open for the Board or its representatives to conduct an inspection.
Donald Frydryk stated he received the comments from the independent reviewer Michael Talbot and gave an oral response:
- What is the nature of the soils to be used as fill?
Donald Frydryk stated the fill will be whatever they need to meet the compaction requirements.
- Will the top soil be removed prior to placement of fill?
Donald Frydryk stated as outlined in the narrative the top soil will be removed and replaced following completion of the fill with four (4) inches loam.
- Will topsoil be placed over the filled area and what thickness?
Donald Frydryk stated four inches of loam.
- What seed mixture would be used and rate of application?
Donald Frydryk stated they propose a fast growing rye mixture to control erosion.
Ingrid Statz stated she intended to plant trees and shrubs on the slopes not grass that requires mowing.
- Provisions should be made to maintain the vegetative cover.
Donald Frydryk stated the slopes will be mulched and the shrubs and trees planted. The slopes would be loamed and seeded before the trees and shrubs are planted.
Ingrid Statz stated she would probably use bark mulch and plant elder trees, some evergreen trees and flowering bushes.
David Jarvis questioned if the berm would support substantial trees if they were planted on the top of the berm?
Ingrid Statz stated she intended to plant on the sides of the berm.
Gary Pfisterer commented that he removed a hill that was probably 25 feet high and had trees on the top that were probably 80 feet high.
David Jarvis stated that evolved over time, in this instance a hill is going to be created and then planted.
Gary Pfisterer stated the hill he removed was mostly sand this is different it is going to be properly compacted soil.
Ingrid Statz she is doing this because she wants the privacy and peace and quiet that the hill provided to her property and she wanted to replicate some of the greenery that was there.
Frank Carey questioned the fill that was going in near the road?
Donald Frydryk stated it is a gentle slope from the road the fill starts where the first contour is shown on the plan the maximum rise is one foot above the road at that point.
David Beaudoin stated he was concerned that the haybales are in front of the rocks and not behind. If they are located in front of the rocks they will be within the Town right of way.
Donald Frydryk stated they would be installed behind the rocks and out of the Town right of way.
Ronald Fussell questioned how long the hay bales would remain in place?
Donald Frydryk stated probably at least one growing season.
Frank Carey questioned if he understood correctly that the work would take approximately two weeks to complete?
Donald Frydryk stated once the work starts it is estimated it would take two weeks to remove the material but that also depends on the contractor.
Ronald Fussell stated normally a 30 yard truck is used that would be approximately 33 truckloads in a week.
Frank Carey stated he would like to see a condition added that the new driveway for the Buckwell Property Trust shall be constructed prior to the commencement of the earth filling operation.
Gary Pfisterer stated the purchase of the property by Ms. Statz was contingent on her being approved for a Special Permit for earth filling, once that is complete the property purchase will go through and a new driveway for the Buckwell property will be constructed that conforms with zoning.
Present and speaking in favor were: Gary Pfisterer, Shaw Road, Wales, and Lauriston Moore, Wales Road, Monson.
Frank Carey moved to close the public hearing at 8:30 P.M.
Ronald Fussell seconded the motion.
It was so voted, unanimous.
Following discussion by the Board members David Jarvis moved to grant a Special Permit for earth removal with conditions:
- The applicant shall post a bond the amount to be determined by the independent reviewer Michael Talbot, O’Riley, Talbot & Oakley.
- No trucks shall be parked on Reynolds Avenue during the earth filling operation.
- The erosion control (haybales) shall be located on the applicants’ property and not within the Town right of way.
- Times of operation shall be between 8:00 A.M. and 5:00 P.M. Monday through Friday for earth filling and grading. No work shall take place on weekends or holidays.
- The usual conditions regarding permits and in accordance with the plans etc.
Ronald Fussell seconded the motion.
It was so voted 4-0 unanimous.
David Jarvis moved to adjourn at 8:45 P.M.
David Beaudoin seconded the motion.
It was so voted, unanimous.
Respectfully submitted,
Linda A. Hull
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