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Minutes March 18, 2008
March 18, 2008

MEMBERS IN ATTENDANCE:
Doug Moglin, Chairman
Roz Terry, Vice Chairman
Bob Johnson
Sam Santaniello
Cal Chunglo
Richard Utzinger, Associate
OTHER:
Marcus Phelps, Town Planner

The regularly scheduled meeting of the Planning Board was called to order at 7:00 p.m. by Mr. Moglin.

TOWN PLANNER’S REPORT:  7:00 p.m.

1.  Filed the Honey Pot Road decision with the Town Clerk on March 12.  Under M.G.L. Chapter 30A, Section 14 there is a 30-day appeal period for administrative actions.  Provided a copy of the decision to the Director of the DPW.
2.  Received a bond release request from Pine Knoll, Inc. for the Pine Knoll III development in the amount of $108,783.  Sent information to DPW for comments.  A response is needed by April 15.
3.  Attended a meeting of the Valley Development Council at the Pioneer Valley Regional Planning office on March 13.  Event is scheduled for April 29 (Tuesday) for release of a Valley Vision 2 tool box.  Discussion of a building reuse design competition for a site located in a suburban or rural community.  Greg Bialecki from the Governor’s office will participate in an April 3 noon event to discuss the statewide Zoning Reform Proposal.   
4.  Town Counsel is revising the text of the Erosion and Sediment Control for Stormwater Management bylaw for inclusion as an Article on the May 20 Annual Town Meeting.
5.  Cartographic Associates will be in Town Hall on March 20 to discuss the low-level digital ortho photographic coverage available for the Town of Southwick.  This imagery will have to be purchased if the Town wants to use it.
6.  Received a draft of the review for the Williamsburg Estates Definitive Plan prepared by Baystate Environmental Consultants.  Additional material will be provided prior to the scheduled continuation of the public hearing on March 25.

PUBLIC COMMENTS:   There: There were no public comments.


APPOINTMENTS:

7:15 p.m. –     787 College Highway                     Public Hearing          Zone Change
Mr. Rob Levesque, representing David Grimaldi and Robert Grimaldi, presented an application for a zone change of 787 College Highway from Residential (R40) and Business Restricted (BR) to Residential (R20B) and Business Restricted (BR) for the purpose of commercial development and development of an Active Adult Community. Mr. Levesque said he was representing the Grimaldi family and Mr. Larry Bannish. He said that the current use of the property is a single family home and farm. The zoning change will increase the (BR) zone property to 30 acres. The remaining 30 acres of property would be rezoned to (R-20B) housing for elderly persons and/or people with disabilities. Active Adult. He said that the uses are consistent with surrounding uses and provides needed services to surrounding residential communities. He said that there is a potential to increase the tax revenue to $1,420,000 per year, produce no drain on Town services and will create new jobs. He reviewed a map of the property and surrounding area with all present. He presented a conceptual design of what the Active Adult Community would look like. He also added that the goal of the commercial property would be to bring in higher end businesses.  
Mr. Santaniello asked how far back would the buildings be from College Highway and how would it look from the highway. Mr. Levesque said that they would anticipate that the aa three thousand square feet pad site would be set back approximately  1300 feet.

Mr. Utzinger asked if this project would require a traffic light. Mr. Levesque replied that this would be a possibility.

Mr. Phelps asked what public services are available there. Mr. Levesque replied that there would be public water and private sewerage. Mr. Phelps asked would the Business Restricted usage require as much septic. Mr. Levesque responded likely not depending on the use.

Beverly Baskin of 37 Wynnfield Circle said that her condo faces the back of the property and she does not want to have her porch overlook a dumpster.

Richard Pete of 33 Wynnfield Circle submitted a petition signed by 34 Wynnfield residents objecting to the zone change. He said that the Wynnfield condominium will be entirely surrounded by Business restricted zones. If it does pass what does it allow for a buffer. Mr. Levesque said that he understood their concern about their back yard. He said that what he would like to see is done right. Business Restricted Zoning requires the builder to bring his plans before the Planning Board for a Special Permit.

Joan Rider of 63 Rosewood Lane asked what happens to the water run-off? Mr. Levesque replied that under the Massachusetts regulations any development is required to match pre-development amount of flows and post-development amount of flows. These two reports need to match each other. The property must retain the water.

Betty West of 48 Rosewood Lane said that the proposed commercial area would encompass Rosewood Estates and put commercial businesses in people’s back doors. The residents would demand at least a 40 foot buffer.

Jerry Jahsman of 61 Rosewood Lane said that he does not want to see dumpsters in his backyard and does not want to hear night time deliveries. He said he strongly objects to the zone change.

Joe Smith of 52 Rosewood Lane asked about the traffic? Mr. Moglin replied that there are plans underway to reconstruct College Highway from Connecticut line to the Westfield line. It is going to be done. It will be done in three phases. The first phase will be the center of the Town of Southwick, the second phase will start in the south and the final phase will start in the northern section. It will include turning lanes, sidewalks, better signaling, etc.

Pat Bahlin of 31 Wynnfield Circle asked why not put the residential area on College Highway and put the businesses on the back lot? Mr. Levesque replied that the College Highway property is already zoned Business Restricted. Mr. Moglin said that this zone change would be compatible with the zone changes the Town Planning Board is also proposing.

Jim Olson of 18 Wynnfield Circle asked what would developers put in as buffer between the residences and the commercial property? Mr. Levesque said that retail typically tries to give as little as possible. They are primarily concerned with parking and visibility. He said that it is the job of the Planning Board to work with the developer to have something constructed that is consistent with what the Town and what the residents want. Mr. Moglin agreed that any business would apply to the Board for a Special Permit as part of the negotiation process. The Board would be very interested in a buffer around the parcel since it would be bordered on all sides by existing communities.

Arthur Baskin of 37 Wynnfield Circle said he did not think it was fair to present to the resident residents  rezoning of this area. Mr. Johnson replied that the same argument was made for the rezoning of the Wynnfield complex. He said that the Board is going to try to protect your perimeters. Mr. Chunglo said that he looked at the Wynnfield drawings and decision to see if there was a buffer zone designated around your facility.  In a decision there was designated a 30 foot buffer zone. Unfortunately it did not say whether it had to be planted or not. Your facility was built on open agricultural land. In the decision there was a thirty foot buffer zone . The builder put in a 40 and 50 foot buffer with no plantings. None of the present Board members were on the Board when that decision was written. This Board has learned from past mistakes.

Art Holt of 19 Rosewood Lane said the Planning Board needs to be aware of the drainage problem in this area including septic systems.

Mr. Moglin responded to a question. He said this is only a zone change application. There is no application for a particular use. Any plans being presented are conceptual only. All the Board is looking at is to rezone a piece of property. Mr. Levesque said there are a number of wetlands on both sides that they are aware of. They have been surveying the property and performing perk tests on the property.

Pat Bahlin of 31 Wynnfield Circle asked how they are going to keep the water on the west side of Wynnfield and away from our Condos? Mr. Moglin said that this is strictly a zone change. If this passes and there is a proposal in front of the Board that is when the question can be answered.
The public hearing was closed at 8:10 p.m.

8:10 p.m.        76 Sunnyside Road                              Public Hearing          Zone Change
Mr. Rob Levesque, representing Lawrence Bannish, presented an application for a zone change of 76 Sunnyside Road from Residential (R40) to Residential (R-20B) for the purpose of building an Active Adult Community. Mr. Levesque proposes an Active Adult development consisting of 65 units. The current use of the property consists of a single family housing. The remaining property is an open field and some of it is wooded. Mr. Levesque presented a conceptual plan of the proposed development indicating where the streams were located and a small pond. He said that an Active Adult Community brings an increase in tax revenue to the Town and little demand on Town resources.

Jim Crane of the Westfield Plantation Area. Said that the homes in this area are high end homes. Something commercial may reduce the value of these homes. Is there an open space plan with this development? I am also concerned about the drainage in that area. It does flood out at times. There is already some work going on in that area. There are survey ribbons on the property and some trees have already been cut. He is concerned that the area will not be protected.

Jerry Jahsman of 61 Rosewood Lane said that Mr. Lévesque said that these would be high end homes built. What guarantee do we have that this will happen? Mr. Lévesque responded that it would not make financial sense to build low income structures on the property because of the cost of the land. Cost of permits and zone changes. He said that they do not anticipate building anything under a $330,000 value.

Harry Ryder of 63 Rosewood Lane asked why not move the development onto the College Highway lot. Mrs. Terry replied that is not the present topic of discussion.

A Westfield resident expressed concerns about the steams and asked who would oversee their protection. Mr. Lévesque replied that the Southwick Conservation Commission would oversee the project.

Jim Crane of 37 Radisson Lane in Westfield Ma. asked about where the property that Mr. Bannish owns  was on the map. He was concerned about the open space. Mr. Lévesque reviewed the map and where land would remain untouched.

Mr. Chunglo asked if there were 5 lots on Sunnyside. Mr. Lévesque said that they had completed perk tests on that area and received 2 or 3 valid perks. He said he was not sure if those lots would be developed.

Mr. Moglin read into the record the following statement from Dennis Clark the Southwick Conservation Commissioner:

“I have been working with Larry Banish for over five years to put his property into an Agricultural
Preservation  Restriction Zone. Originally we were told by the State that his property was not large enough to be eligible. At that time he brought his neighbor Paul Silan into the proposal to make the APR proposal more viable with additional acreage. After several years of waiting for an answer from the State I requested that the State be forthcoming as to the status of the APR with regards to the properties. As of 2007 I was told that these properties were on the bottom of the list as far as potential APR's for Southwick. The reason that I was given was that the land had been left fallow for too long to qualify for an APR. I thanked the State for being forthcoming to the landowner as not to hold up his alternative plans waiting for the potential APR.”
The public hearing was closed at 8:30 p.m.


8:30 p.m.       25 industrial Road                      Public Hearing          Zone Change
John Dziengelewski presented a proposal of a zone change of 25 Industrial Road from Agricultural and Conservation (AC) to Industrial (I) for the purpose of building a storage building and an associated parking lot. Mr. Phelps said the Mr. Dziengelewski owns a piece of property on Industrial Road and three quarters of the property is in the AC zone, which is three hundred feet from the center of the Great Brook. In order for him to do the project that he needs to have a zone change to make the whole property Industrial. Mr. Chunglo asked if he would be able to move everything off College Highway. Mr. Dziengelewski replied yes.
Mrs. Terry asked if he wanted the whole parcel changed not just to the wetlands. Mr. Dziengelewski replied that he has to stay out of the wetlands. He has met with the Conservation Commission twice.

Mr. Moglin read the following from Dennis Clark, Coordinator for the Conservation Commission:
The Southwick Conservation Commission has issued a valid Order of Conditions for the Industrial Drive
property. This Order of Conditions was issued in compliance with the Massachusetts Wetlands Protection
Act and Southwick Bylaws including the Great Brook as a perennial Stream with all of the safeguards and restrictions associated with the Riparian Zone. Under this Order of Conditions the area within 200 feet of the brook will be restored and enhanced. If the Order of Conditions are implemented this area will be improved substantially for wildlife and vegetation.
The Public Hearing was closed at 8:40 p.m.

A MOTION was made by Mr. Johnson and seconded by Mrs. Terry to send a positive recommendaction recommendation to Town meeting that the  zone on 25 industrial Road be changed from (AC) to (I).  The vote was Unanimous.

ROUNTINE BUSINESS:  8:45 p.m.
A discussion followed about the zone change proposals. Mrs. Terry expressed concern for the residents in the zone change area and mixing uses. Mr. Johnson said that we have to look at what is best for the Town. Mr. Santaniello said that the Board is being pro-active. We can protect the residents in the area with good buffer zones. If we do not do this now it will never get done. We need business in Town to offset the taxes. Mr. Chunglo said that the residents in the area would enjoy walking or riding on golf carts over to the new restaurants and store.

A MOTION was made by Mr. Chunglo and seconded by Mr. Johnson that a recommendation to the Town to rezone lots 767 to lot 771 to Business restricted (BR). The vote was four (4) positive and one (1) negative.

A MOTION was made by Mr. Chunglo and seconded by Mr. Johnson that a recommendation to the Town to rezone lots 709 to lot 723 to Business restricted (BR). The vote was unanimous.

A MOTION was made by Mr. Chunglo and seconded by Mr. Johnson that a recommendation to the Town to rezone lots 662A to lot 726 & 70 Tannery Road to Business restricted (BR). The vote was unanimous.

A MOTION was made by Mr. Chunglo and seconded by Mr. Johnson that a recommendation to the Town to rezone lot 787 to Business restricted (BR) and (R20B). The vote was four (4) positive and one (1) negative

A MOTION was made by Mr. Chunglo and seconded by Mrs. Terry that a recommendation to the Town to rezone lot 76 Sunnyside Road to (R20-B). The vote was unanimous.

Being no further business to be brought before the Board, A MOTION was made by Mr. Johnson, SECONDED by Mr. Chunglo to adjourn at 9:03 p.m.  Vote was unanimous.



Respectfully submitted,


Ruth Preston
Recording Secretary


Town of Southwick, Massachusetts 454 College Highway, Southwick, MA 01077