June 24, 2008
MEMBERS IN ATTENDANCE: |
Doug Moglin, Chairman |
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Roz Terry, Vice Chairman |
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Sam Santaniello |
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Cal Chunglo |
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Richard Utzinger, Associate |
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ABSENT: |
Bob Johnson |
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OTHER: |
Marcus Phelps, Town Planner |
The regularly scheduled meeting of the Planning Board was called to order at 7:00 p.m. by Mrs. Terry.
TOWN PLANNER'S REPORT: 7:00 p.m.
1. Sent a letter to the applicant and the consultant with comments on the revised site plan dated May 21, 2008 for 479, 483 and 485 College Highway (Southwick Inn and Walt's Garage.) indicating some needed corrections.
2. Attended a Department Head meeting on June 19 where Rob Levesque from R.L Levesque Associates and Jim Boudreau from Clough Harbour & Associates presented a conceptual drawing for Whalley Park for discussion by Town staff and other participants. The project will result in the development of 35 acres of a 65 acre parcel of land for recreational facilities off Powder Mill Rd. The property is in a split zone of R20A and AC and the Wellhead Protection District with a portion in the Flood Hazard and Wetlands District. Because recreation is an allowed use in all of these zones, the project will require a Site Plan review by the Planning Board.
3. Attended the Valley Development Council meeting at the Pioneer Valley Planning Commission office in West Springfield on June 19. The Ideas Competition was discussed with an expansion of the project area to include four Counties (Hampden, Hampshire, Franklin and Berkshire) resulting in four site designs. A final awards and operational budget still needs to be developed so funds can be raised.
4. Attended a meeting on June 20 regarding a proposed development on Hudson Drive for the construction of 3 new buildings. Special Permits and Site Plan Approvals for the proposed use in an Industrial Restricted (IR) zone and the Wellhead Protection District will be required if it is a permitted use.
5. Drafted a Williamsburg Estates subdivision/special permit decision for review and discussion by the Planning Board.
PUBLIC COMMENTS: 7:10 p.m.
Dennis Gaido, the Building Inspector, said that he had concerns about the signs for the Daily Grind and Tuckers Restaurant. His concern was that the Planning Board approved two ground signs for each of the properties. He said that the zoning law reads there should be only one ground sign per property. Mr. Phelps said that there are two separate buildings on one property. Mrs. Terry replied that this would have to be addressed in the by-law. Dennis Gaido also expressed concern about temporary signs.
Mr. Moglin chaired the meeting at 7:15 p.m. He said that there would be a public meeting in July or August to discuss a change in the sign by-law. It will be an opportunity to receive input about signs from the business community and Southwick citizens.
Robert Baribeau, of 46 John Mason Road, asked what is the Town and the Planning Board's position on residential growth and what does the Master Plan say about reasonable growth. Mr. Moglin replied that the Town has a Phased Growth by-law, 185-37.2. It was intended as a stop gap measure until a better way of managing growth can be implemented. There needs to be a balance between residential and business growth in order to stabilize the tax rate, and provide the Town services that are required. The Planning Board has taken a more comprehensive view of subdivisions. Projects have to be looked at on a case by case basis. We need to take a more balanced approach and also have to listen to the towns people as well. The people spoke loud and clear at town meeting that they want residential housing along College Highway. They do not want additional
commercial space in that corridor. The Planning Board had been working for years on taking a comprehensive look at the zoning from route 57 College Highway to the Westfield border. The people who voted at Town meeting had a strong opinion otherwise and chose to keep it residential. Mrs. Terry said that there has been Phased Growth in place since 1996, which is a limited amount of residential growth and not once in a given year have we reached the cap.
Robert Baribeau asked what the growth rate is. Mr. Moglin replied that it is 100 building permits on a rolling two year time frame. It is in Chapter 185 -37.2 in the bylaws. Mr. Phelps said that needs to be incorporated into Chapter 315 which is the subdivision by-law.
George Hankin, of 24 Patriots Way, said that in 1969 the Town was estimated that there would be 10,000 people in Southwick by 1998. Mrs. Terry replied that we have not hit 10,000 yet although we are close.
Matt Seklecki, of 14 Sunnyside Road, said he had approached the Planning Board in September to talk about the road in front of his property that washed out in April of 2007. Since then the road has been repaired. He had invited the Planning Board to look at the swale. Some of the board members did visit the swale. The problem is that the swale never was cleaned out. He paid to have it cleaned it out on December 19, 2008 and is looking for reimbursement. He wanted to know what is going to be done about the problem. Roger Cataldo, Chairman of the Board of Selectman, replied that the Board received a complaint about the problem. The Highway department looked at it and the problem is created by the golf course because the retention pond is overflowing. Mr. Utzinger said that the liability would be with the Ranch Golf Course. Mr. Moglin
said that the Planning Boards role in this was approval of a flexible residential subdivision off Sunnyside Road. The Planning Board did not approve the Golf Course. As part of the subdivision there is drainage. Part of that evaluation is a third party review engineer which was done for that subdivision. It is part of the Zoning Officers job to enforce the plan of the subdivision. DPW is responsible for Sunnyside Road. Mr. Neece, the DPW Director, said that the Town owns 50 or 60 feet of right of way on Sunnyside Road. DPW responsibility ends at the right of way. They cannot work on private property. Mr. Moglin said that someone needs to talk to the Building Inspector to find out if the flow is coming of the Golf Course. Mr. Gaido can be of assistance to determine if the flow is doing what was on the plan. Matt Seklecki said that Mr. Gaido has already stated that. Mrs. Terry said that the Building Inspector has to be asked if it was built the way it was supposed to be built; if so
that was the fault. He will give you the information you need to decide how to proceed. The Town cannot get involved between two property owners. The Town fixed the culvert between the two properties when it blew out. It is between Mr. Seklecki and the Golf Course.
APPOINTMENTS:
7:45 p.m. 90 Point Grove Road ANR
Steve Salvini, of Levesque Associates, representing PATTIJOE, LLC Real Estate presented an ANR plan of 90 Point Grove Road, formally the Brass Rail. Mrs. Terry recused herself from the discussion. Steve Salvini said that one house is to be removed; they are keeping the other lot that has a variance. The proposed lot in the R 20 Zone and has the required 150 feet of frontage. The plan creates two lots from one. It has access. He was given an ANR pre-Approval form.
7:50 p.m. 18 Ed Holcomb Road CHO
Lisa McFarlin applied for a CHO permit to have an office in her residence for a business called L & E Foss Co. 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. Santaniello and seconded by Mrs. Terry to approve the CHO application as reviewed. The vote was unanimous.
8:00 p.m. Lexington Circle Discussion on Subdivision Modification Attorney Moir represented Doug Williams on the request for a modification. Attorney Moir and the Planning Board members acknowledged that they had all received and read the letter from Attorney Marc Beglane. Mr. Phelps said that the opinion is that the roof drains are a functional part of the drainage system for the subdivision. Mr. Moglin said that the Planning Board looked at the topo for the plan and under the previous modification to the special permit the Planning Board granted relief for the roof drains to the
developer for all except nine lots. The gradients from the lots were such that the water from the roofs was not heading towards the drainage systems. The developer did provide data in storm water calculations that said the storm water could accommodate the water from the roofs from the impervious on those lots. The Planning Board looked at it and decided that there were nine that were not designed so the impervious flow from those nine lots goes to the drainage system. There was testimony in the public hearing that some homes in the subdivision are having that exact problem. That was the rational for leaving those nine in. Attorney Moir said that since all the lots were sold and it was not enforced by the building Inspector except for a few houses. It should not be enforced against Mr. Williams. Mr. Moglin read from the letter from Bacon & Wilson. "The original Developer posted a performance bond with the Planning Board to install the subdivision in accordance with the
plans the Developer submitted to the Planning Board which included the roof drain infiltration systems. The Bond amounts were sufficient to ensure completion of the subdivision in accordance with the Town's approval and its rules and regulations. Therefore, the matter of the Developer's performance is a matter of contract and a breach of contract if the Developer does not comply with its subdivision covenant since the Bond is a contract with the Town. The provisions of M.G.L. Ch 41 - 18 Y regarding the building inspector's obligation and limitation on enforcement actions is not applicable in this case because the Developer's obligations are governed by its Performance Bond with the Planning Board." Mr. Moglin said that the application is to eliminate the requirement of construction of roof drains shown on sheet 15 of the nine lots including 24, 25, 26, 27, 28, 29, 30, 31, and 32; to require the owners of said lot to install roof drains; or to eliminate the roof drain request
for all lots. Mr. Moglin said that they had to go back to the early 1990 version of the zoning book and roof drains were a subdivision requirement. Mr. Moglin said that the application asks the Planning Board to compel the home owners or builder to construct roof drains on the houses or grant relief to the Developer.
Mr. Moglin requested A MOTION to approve the modification of the definitive plan of the subdivision Lexington Circle to remove the requirement that the developer construct roof drains on lots #24 through lot #32. There was no motion.
A MOTION was made by Mr. Moglin and seconded by Mrs. Terry to deny the modification of the definitive plan of the subdivision Lexington Circle to remove the requirement that the developer construct roof drains on lots #24 through lot #32. The vote passed with a majority. Mr. Sam Santaniello abstained.
8:35 p.m. Mobil Station Sign Review
Dan Scibelli presented a variance from the Board of Selectman for a sign design. Mr. Moglin asked if the sign was in compliance with the by-law and Mr. Phelps replied yes based on the variance.
A MOTION was made by Mr. Santaniello and seconded by Mrs. Terry to grant a conditional approval for a sign for Dan Scibelli, LLC provided that the appeals period for the variance passes and it receives the approval of the Safety Officers.. The vote was unanimous.
8:40 p.m. Williamsburg Estates Informal Discussion
Mr. Phelps presented to the Board with a working draft of a decision for Williamsburg Estates. Marc Shute indicated on the plans where the hickory trees were located. Most of the hickory trees are being choked by bittersweet. Mr. Phelps asked if there was an opportunity to plant some hickory trees. Mr. Shute said that they will retain the one hickory tree and will plant five new hickory trees. He requested a letter from the Planning Board stating that Baystate Environmental Consultants has approved all the storm drainage issues and calculations. Mr. Moglin said that this was stated in the June 10th minutes. Mr. Phelps asked if they plan to pay into the sidewalk fund. Mr. Moglin said that putting in sidewalks on one side of the street and contributing to the sidewalk fund instead of constructing sidewalks on both sides of the street
makes sense for the Town. Mr. Shute said that it will be easy to put in sidewalks during the construction. He will get an estimate of the cost of the sidewalk. Mr. Shute submitted a request for a 30 day extension. The Planning Board will make a decision on July 15, 2008.
MINUTES:
A MOTION was made by Mrs. Terry and seconded by Mr. Santaniello to approve the minutes of May 27, 2008. The vote was unanimous.
A MOTION was made by Mrs. Terry and seconded by Mr. Santaniello to approve the minutes of June 10, 2008. The vote was unanimous
Being no further business to be brought before the Board, A MOTION was made by Mr. Santaniello, SECONDED by Mr. Chunglo to adjourn at 9:15 p.m. Vote was unanimous.
Respectfully submitted,
Ruth Preston
Recording Secretary
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