April 01, 2008
MEMBERS IN ATTENDANCE: |
Doug Moglin, Chairman |
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Roz Terry, Vice Chairman |
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Cal Chunglo |
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Sam Santaniello |
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Robert Johnson |
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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 Chairman Moglin.
TOWN PLANNER’S REPORT 7:00 p.m.
1. Jeff Neece, Tree Warden, and Marcus Phelps visited property located at 476 College Highway and owned by Atrium Properties. The owner wants to remove a large sugar maple tree that he feels is a safety hazard for people visiting the business. The property is subject to a Special Permit issued in January 1999 that requires the preservation of all significant trees within the site. Jeff Neece and Marcus Phelps concurred that the tree is hazardous based on the numerous dead limbs and rotten trunk observed. The owner will remove the tree and stump and plant a new sugar maple as described in a letter of permission.
2. Received a revised copy of the Erosion and Sediment Control for Storm Water Management bylaw from Town Counsel. This Article will be placed on the Warrant for the Annual Town Meeting to be held on May 20.
3. Prepared a proposal to the Valley Development Council for a design competition. The study area is located from 95 to 109 Congamond Road where Rte 168 intersects the Rail Trail. The project would be called the “Congamond Gateway Project” and contains 4 acres of Business zoned land with an existing mix of uses.
4. Attended the annual Pollution Prevention Training hosted by the DPW and presented by Tighe & Bond. This is part of Southwick’s required actions under the U. S. Environmental Protection Agency’s Nonpoint Pollution Elimination System (NPDES).
5. On April 3 will attend a forum for a discussion of the proposed revision of the Massachusetts zoning reform to be known as the “Land Use Partnership Act.” Mr. Greg Bialecki from the Governor’s Office who has drafted a framework for the legislation will be participating.
PUBLIC COMMENTS 7:10 p.m.
Floor opened to public comments.
Beverly Faulds, 24 Rosewood Lane, referred to land abutting Rosewood Lane property and asked if it is zoned R 20 B. Mr. Moglin answered that it is R40 in the back and Business Restricted in front. Beverly asked how soon can another zone change request be made. It was answered, immediately. Beverly asked are all zone changes voted on. Mr. Moglin answered yes at the town meeting, which requires 2/3 majority to pass. Beverly asked if the Board could change any zoning. It was answered, No, only Town Meeting can affect a zone change Beverly asked what is a variance? Mr. Moglin answered it is a dimensional relief to zoning. Beverly asked if there is an appeals process for a zone change. Mr. Moglin answered, that he was not familiar with an appeals process for a zone change.
Beverly asked what town committees are involved. Mr. Moglin described the application process as follows: An applicant makes a proposal to the Board of Selectman. The Board of Selectman forwards it to this Planning Board for Hearing. This Board holds a Public Hearing (which Mrs. Faulds attended) and either at that time or shortly thereafter the Board makes a recommendation to Town Meeting which is either to recommend the zone change, or a negative recommendation, or no recommendation (no opinion) is made. Mrs. Terry commented that this is a State law process and described the process of zone change. Beverly asked if there is a Conservation Commission. Mrs. Terry answered, yes. Beverly asked when does the Conservation Commission get involved. Mr. Moglin answered that a zone change is a change in zoning, not a change in use. Only when there is a specific application for a specific use does the Conservation Commission
get involved. It is a separate land use vs. development use and does not change the zone. Mrs. Terry described a scenario process and explained the steps for a zone change. Beverly asked how the Board came about. Mr. Moglin commented that the Planning Board is elected. Beverly thanked the Board for their time.
Hector Tourigny, 76 Rosewood Lane, asked if there was one proposal or two. Mr. Moglin responded that it was heard as one hearing. Mr. Chunglo explained the difference in the zoning to Mr. Tourigny. Mr. Tourigny asked when the Warrant is posted. Mr. Moglin answered, at least 2-3 weeks before the Town Meeting.
PUBLIC HEARING:
7:30 p.m. Special Permit and Site Plan Approval at 65 Hudson Drive-Tool Manufacturing
The proceedings began with a reading of the Public Hearing Legal Ad by Chairman Moglin. Mr. Moglin stated that this request requires two special permits, a Wellhead permit and an IR Zone permit. Marc Shute, D. L. Bean, presented blue prints, discussed site condition grades and showed site plans. Catch basins were also shown. Parking spots are 10’ x 20’ with 2 handicap accessible spots. Wall pack lighting was discussed. The steel building plans were reviewed along with roof color and signage. The building will be heated with natural gas. Supplies used are biodegradable. Mr. Moglin suggested submitting an annual list to the fire chief because of the Well Head Protection Zone. Mrs. Terry asked if the application states its use. Yes, tool manufacturing. This
public hearing was closed at 7:50 p.m. Next meeting will be in two weeks.
ROUTINE BUSINESS
MEETING MINUTES
Planning Board minutes were reviewed and Mr. Robert Johnson made A MOTION to approve the February 12, 2008 minutes as submitted. Mr. Sam Santaniello seconded. Vote all unanimous.
Planning Board minutes were reviewed and Mr. Robert Johnson made A MOTION to approve the February 26, 2008 minutes as submitted. Mr. Sam Santaniello seconded. Vote was unanimous.
7:50 p.m. Special Permit Estate Lot at 264 South Longyard Road
A Motion was made by Mr. Santaniello and seconded by Mr. Johnson to grant Special Permit to Gary Liquori for Estate Lot as reviewed. The motion was passed unanimously by a roll call vote.
7:55 p.m. Special Permit Estate Lot at 253 Hillside Road
A Motion was made by Mr. Santaniello and seconded by Mr. Johnson to grant Special Permit to Gregory and Beatrice Siwek for Estate Lot as reviewed. The motion was passed unanimously by a roll call vote
8:00 p.m. Williamsburg Subdivision Discussion
The right-of-way and road widths were discussed. Mr. Moglin referred to the green book, Chapter 315 and stated a 50 foot right-of-way is more than adequate. Mr. Chunglo reviewed blue prints and talked with DPW and noted that Sterret, Hillside and Sunnyside are all 50 foot right of way with pavement widths of about 24 feet. Mr. Neece commented that a 50 foot width is considered sufficient by the DPW for maintenance. If the connector road were kept at 50 foot width the speed limit could be kept down to 35mph. Mrs. Terry asked if a winding road or a straighter road was preferred. The law states if you call it a connector road the radius on each corner has to be increased. We have to think about the residents and their safety; we have to think if we want it winding or straight. Mr. Chunglo said that one lot
will lose the front yard. The rest of the radii are all right. Mrs. Terry commented that if the road is a connector or local street and in order to get the radii we feel would reduce speed and improve safety. A review is needed. A gentleman in the audience said the road should be 60 feet wide. It was asked if the Board should request a waiver. A discussion continued.
A Motion was made by Mr. ChungloDoug Moglin and seconded by Mr. Santaniello that in the interest of safety and the preexisting adjoining roads with a 50 foot right-of-way and 21-24 foot pavement width, the new road should also be 50 right of way, and 21-24 foot pavement width. The motion was passed unanimously.
8:10 p.m. Pine Knoll III Bond Release Anthony Liquori
Mr. Moglin received a letter from Gary Liquori requesting Bond Reduction and road acceptance for Pine Knoll III. Mr. Phelps said the bond amount is about $108,783.00. Mr. Jeff Neece had a meeting in August 2007 with the Board of Selectman, Mr. Liquori and Mr. DePalma and came up with a list of issues that needed to be addressed. There is $58,000.00 in the maintenance Bond and $50,000.00 in the performance Bond. It was determined that Mr. Neece and Mr. Liquori will meet on a rainy day to determine if the filtration basins work properly especially during a storm. Also, a consultation with the Selectman will be held regarding a previously filed law suit. Mr. Phelps will check with the Town Treasurer to verify the Bond amount.
A Motion was made by Mr. Santaniello and seconded by Mrs. Terry to reduce the Bond by $42,575. The motion was passed unanimously.
8:40 p.m. JAYDUB Special Permit; KKQB Special Permit; KAYDUB; Special Permit; KAYDUB
Mrs. Terry presided as Mr. Moglin recused himself. After previous discussion the following permits were granted.
A MOTION was made by Mr. Santaniello seconded by Mr. Chunglo to grant a Special Permit and Site Plan Approval to JAYDUB, LLC, 38 Foster Road, Southwick, MA 01077, for the proposed development under the authority of section185-17B and 185.20 E & F, BR zone of the Town of Southwick Zoning By-law based on the proposed site plan dated March 12, 2007, with terms and conditions.
The motion was passed unanimously.
A MOTION was made by Mr. Santaniello and seconded by Mr. Chunglo to grant a Special Permit and Site Plan Approval to KKQB, LLC, 38 Foster Road, Southwick, MA 01077, for the proposed development under the authority of section185-17B and 185.20 E & F, BR zone of the Town of Southwick Zoning By-law based on the proposed site plan dated March 12, 2007, with terms and conditions.
The motion was passed unanimously.
A MOTION was made by Mr. Santaniello and seconded by Mr. Johnson to grant a Special Permit and Site Plan Approval to KAYDUB, LLC, 38 Foster Road, Southwick, MA 01077, for the proposed development under the authority of section185-17B and 185.20 E & F BR zone of the Town of Southwick Zoning Bylaw based on the proposed site plan dated March 12, 2007, with terms and conditions.
The motion was passed unanimously.
The motion was passed unanimously.
A MOTION was made by Mr. Santaniello and seconded by Mr. Johnson to grant a Special Permit and Site Plan Approval to KAYDUB, LLC under the authority of Section 185-20, E. and F -Flood Hazard and Wetlands District of the Town of Southwick Zoning Bylaw (Code), subject to the terms and conditions.
The motion was passed unanimously.
Being no further business to be brought before the Board, A MOTION was made by Mr. Chunglo, seconded by Mr. Santaniello, vote unanimous, to adjourn at 9:00 p.m.
Respectfully submitted,
Phyllis Cain
Temporary Recording Secretary
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