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Minutes June 10, 2008
June 10, 2008


MEMBERS IN ATTENDANCE:  
Doug Moglin, Chairman
                                
Bob Johnson
                                
Sam Santaniello
                                
Cal Chunglo
                                
Richard Utzinger, Associate
ABSENT:                 
Roz Terry, Vice Chairman
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.  Reviewed a revised site plan dated May 21, 2008 for 479, 483 and 485 College Highway (Southwick Inn and Walt’s Garage.)  Drafted comments on the site plan that will be sent to the applicant and the consultant indicating some needed corrections.
2.  Received a letter from Attorney Bradford Moir requesting a copy of the opinion written by Town Counsel on the modification of the Definitive Subdivision conditions for Lexington Circle.  Requested information provided to the Town Clerk on June 4.       
3.  Requested a copy of the sign bylaw from the Town of Agawam for reference in drafting a revision of Southwick’s sign bylaw.
4.  Developing background information on an update of Southwick’s Master Plan including a scope of work and estimated cost.
5.  Reviewed the final site plan for Z and Z Tool Manufacturing to be located at 65 Hudson Drive.  The Special Permits are in effect as of May 14, 2008 and the site plan is available for signature by the Planning Board.
6.  Amendment #3 to the Baystate Environmental Consultants contract for a peer review of the proposed Williamsburg Estates was signed by the Board of Selectmen on June 2.
7.  Reviewed sign application for the Daily Grind Coffee House located at 568 College Highway on property owned by the Christ Lutheran Church.
8.  Attended the annual meeting of the Pioneer Valley Planning Commission held on June 5 at Mount Holyoke College.  An award was presented to Mayor Higgins of Northampton and Mayor Sullivan of Holyoke for their support of the Pioneer Valley’s Plan to End Homelessness.
9.  As requested by Karl Stinehart, provided a joint memo with the Zoning Enforcement Officer on the planning and zoning requirements for the development of a recreational facility at 42 Powder Mill Road.
PUBLIC COMMENTS:  7:05 p.m.

Robert Baribeau of 46 John Mason Road asked if anything had been presented to the Planning Board in regards to the earth excavation on John Mason Road. Mr. Phelps stated that the Board has received no application for work. The Zoning Enforcement Officer went out to the property and stopped the work in progress. The Department of Massachusetts Environmental Protection is also involved.
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7:10 p.m.       Daily Grind Coffee House                                                Sign Permit
Don Agnoli of Agnoli Sign Co presented two sign designs for the Daily Grind. Pastor King said that the Daily Grind is a franchise and a separate entity from the Church.  Mr. Phelps said that the sign on the building is 17 square feet and within the zoning guidelines.
A MOTION was made by Mr. Johnson and seconded by Mr. Santaniello to approve the building sign. The vote was unanimous.

Pastor King said that since the building was set far back from the road that a free standing sign was necessary. The free standing sign is a 4 foot by 6 foot attached to a stone post and will be lit from the ground with spot lights. Mr. Phelps expressed concern about the numerous signs in this location.
A MOTION was made by Mr. Johnson and seconded by Mr. Santaniello to approve the free standing sign. The vote was unanimous.

7:15 p.m.               Barnum & Buckley Farm                                           CHO
Vickie Barnum applied for a CHO permit to have an office in her residence for a business called Barnum & Buckley Farm. She stated that there would be no business sign, no trucks or heavy duty equipment and no additional employees.
A MOTION was made by Mr. Johnson and seconded by Mr. Chunglo to approve the CHO application as reviewed. The vote was unanimous.

7:20 p.m.               35 Woodland Ridge                                                       CHO
Michael Dennis applied for a CHO permit to have an office in his residence for a business called LM Landscaping. He stated that there would be no customers on the premises, no business sign, no trucks or heavy duty equipment and no additional employees.
A MOTION was made by Mr. Johnson and seconded by Mr. Chunglo to approve the CHO application as reviewed. The vote was unanimous.

7:25 p.m.               16 Sefton Drive                                                         CHO
Bernadette Johnson applied for a CHO permit to have an office in her residence for a business called Wags & Whiskerz, a pet sitting service. She stated that there would be no customers on the premises, no business sign, no trucks or heavy duty equipment and no additional employees.
A MOTION was made by Mr. Johnson and seconded by Mr. Chunglo to approve the CHO application as reviewed. The vote was unanimous

7:30 p.m.               648 College Highway                                          Informal Site Review
David Greco presented the architectural plans for 648 College Highway. He stated that additional floor area of the building will be for parking trucks. Mr. Moglin asked if the design of the building fits on the envelope of the building. David Greco said that it does except for a design change that includes a three foot jog in the front of the building. Mr. Phelps said the change is the use of the building for additional parking of vehicles. David Greco is using one half of the building and will have offices on the front of the building. The Board agreed that the previously approved site plan is adequate and the second floor will not be used for office space.Mr. Moglin informed him that if he indicates that there are offices located in the second floor of the building he would have to construct an elevator to be ADA compliant.
The Board

7:45 p.m.               Williamsburg Estates                                         Public Hearing Cont.
Mr. Phelps said that the amendment to the contract with Bay State Environmental Consultant (BEC) was signed by the Board of Selectmen on June 2, 2008 for an extension in time and an increase in the funding. Mr. Phelps also stated that Marc Shute had revised the plan and redesigned some of the stormwater management. Mr. Shute addressed the latest comments by BEC. D.L. Bean did the additional soil testing which was witnessed by Tom Fitzgerald, the Town Health Agent.
Mr. Moglin read the following into the minutes:
-----Original Message-----
From: Tom Fitzgerald [mailto:e-mail removed]
Sent: Thursday, June 05, 2008 9:42 AM
To: Marcus Phelps
Subject: results of May 6th testing
~
Dear Marcus,
This is in response to your letter to me concerning soils testing at the Williamsburg Estates for the purpose of using leaching chambers for storm water management.
I have reviewed the notes my notes and the copy of Dennis LaCourse’ filed report and found an error in the estimated seasonal high water table at hole log four.~ His report stated it was 78” while my notes have it at 52”. ~The BOH as the approving authority has jurisdiction on determining the estimated seasonal high water table and as such Mr. LaCourse has changed his notes to reflect this and a copy will be going to you forthwith.
Tom FitzGerald

Marc Shute reviewed his responses to the BEC comments of June 10, 2008:
#1 Datum Base: Added 14 additional benchmarks on sheet five
#2 Tree Plan: Added planting on sheet one and two
#3 Plan Format: Changed the wording form approval to approved on all sheets.
#4 Vertical Curves: Corrected all the vertical curves for a design speed of 25 mph and a K value of 26.
#5 Street Grades: Rewrote the waiver for the street grades.
#6 Detention Basin at lot #12
BEC suggests that the Town require the design engineer to be on site during construction of the detention basin at lot #12 to help ensure that the basin is constructed as designed and is properly backfilled, compacted, etc.
# 7 Add a catch basin at 54+12: Mr. Steve D’Ambrosio of BEC said he was satisfied with the explanation and design presented.
#8 Stormwater Infiltration: “The applicant states that they wish to prevent ponding in the structures, however, after reviewing the soil evaluator’s report, it appears that the bottom of the structures are in groundwater.”
Marc Shute said that was all that was remaining except #20 & #22 which dealt with the stormwater.
David Bean said that they feel they have addressed all the comments that they received from BEC and the Board of Health. They re-graded a portion of the area of concern. They left the four leaching basins in place as a fail safe. These calculations were sent out to BEC on May 22nd and May 23rd. They felt the BEC comments were addressed adequately and professionally.
Mr. Moglin said that he has the recent BEC report. He added that the Planning Board wants to make sure the system is effective and Mr. D’Ambrosio is helping with that. There is some concern from other Boards in Town and some commentary about preserving some of the Hickory trees. Mr. Chunglo asked if the sidewalks can be moved to the other side and shift the road so the trees could be saved.
#9 BEC has no comment.
#10 BEC has no comment.
#11 BEC has no comment.
#12 BEC continues to take exception to the horizontal curve at STA 62+00. Mr. Shute said that it was a curve in the pavement.
Robert Baribeau of 46 John Mason Road asked if the tests were done last June and July. He was concerned because those were particularly dry months. Mr. Moglin replied that the tests were conducted again less than a month ago.
Jeff Parentela of 1 Stage Coach Road asked about the width of the road. Mr. Moglin replied that the Board voted to keep the width of the road at 50 feet to control the speed of traffic at 20 miles and hour. They determined this by the Town Code book and the Subdivision Rules and Regulations. Mr. Chunglo said that the Director of DPW had stated he was fine with the road width.
Robert Baribeau of 46 John Mason Road asked if they plan to leave the island to keep speeds low.
Mr. Johnson asked Mr. D’Ambrosio if he was comfortable with the water flow of the plan. Steve replied that he was based on the plans submitted and the calculations shown. Mr. Moglin said that the Board has been very diligent because this is such a large subdivision and because of its location. This is the most thorough and detailed review of a subdivision.
 
 The Planning Board asked Mr. Shute to save as many of the Hickory trees as possible on what remains of the Old Mouse Hill Road.
Mr. Moglin closed the Public Hearing at 8:35 p.m. The Planning Board discussion will be held on June 24, 2008 at 8:00 p.m.

ROUTINE BUSINESS:    8:40 p.m.

Budget
Karl Stinehart, The Town Manager, has made a request of the Planning Board that they release to the Town from their 2007-2008 annual budget of $3,910 for professional services that has not been expended to be used to pay legal fees for the Town. Mr. Phelps said that the Board has no expenditures anticipated due before the end of the budget year. The Board was in agreement of the retest. A vote was not taken.

29 & 31 Mort Vining Road
Attorney Ben Coyle asked for a ratification and confirmation of ANR plan that was approved by the Planning Board in 1994. The two lots are now known as 29 & 31 Mort Vining Road. They have been in litigation because of the Assessor’s office. He said that the property has not been charged and taxes had not been paid since 1986. The Town has entered into a settlement agreement with the land owner. He presented a copy of the plan. He is asking to confirm that the Board had approved the lots.

A MOTION was made by Mr. Santaniello and seconded by Mr. Johnson to approve the ratification and confirmation of the subdivision Plan recorded in the Hampden County Registry of Deeds in Book of plans 289, Page 91 is intended to give full and legal effect and authority to the plan as recorded aforesaid on or about May 29, 1994. The vote was unanimous.

Pine Knoll III          Bond Release
Mr. Neece, the DPW Director, was not present as requested. Mr. Moglin stated that there has always been something from DPW indicating the completion of the required work. Mr. Neece has not replied to a request for something in writing. The Board decided to proceed with the Bond reduction.
Mr. Shute brought the plans for the Boards records. He said that they put galleys in and showed all the changes that were made. Mr. Johnson asked if there were any other issues. Mr. Moglin stated that the dugway is not on this property and is not part of this bond.Mr. Moglin stated that the Doug Way is not on this property and is not part of this bondMr. Moglin stated that the Doug Way is not on this property and is not part of this bondDoug WayWay.
Mr. Moglin stated that the Doug Way is not on this property and is not part of this bond.
A MOTION was made by Mr. Johnson and seconded by Mr. Santaniello to release the performance   bond of $16,208 and the maintenance bond of $50,000 and to recommend that Deer Run and Lauren Lane in Pine Knoll III be accepted by the Town. 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 9:15 p.m.  Vote was unanimous.

Respectfully submitted,
Ruth Preston
Recording Secretary


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