July 15, 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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Richard Utzinger, Associate |
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ABSENT: |
Bob Johnson |
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Sam Santaniello |
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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 Mr. Moglin.
TOWN PLANNER’S REPORT: 7:00 p.m.
1. Revised the text of the draft Agriculture and Conservation District bylaw based on Planning Board discussions of July 1.
2. Participated in a meeting on July 8 for the implementation of the Wellhead Protection District bylaw related to the permitted uses for properties located on Hudson Drive.
3. Drafted a decision for continuation of a junkyard use on property located at 58 Sam West Road in connection with the transfer of a Class III motor vehicle license
4. The Planning Board received a letter from the Office of the Governor regarding the submission of the FY 2009 Commonwealth Capital application by August 15, 2008. The letter includes a listing of the grant and loan programs that will use the Commonwealth Capital score in evaluating requests for state funding. I have distributed portions of the 62-page instructions to various Town staff for data needed to complete the application.
5. Met with Art Pinell, Jeff Neece and Dick Grannells on July 10 to discuss the status of Southwick’s Erosion and Sediment Control for Stormwater Management bylaw. Art provided some changes that need to be made before the Board of Selectmen will send the draft bylaw to the Planning Board to begin the Zoning bylaw process.
PUBLIC COMMENTS: 7:10 p.m.
There were no public comments.
APPOINTMENTS:
7:10 p.m. 39 John Mason Road ANR
Steve Salvini of Lévesque Associates & Freda Brown presented an ANR to the Planning Board. The property is a 7 acre parcel that is being divided into 2 parcels of 5.9 acres and 2.75 acres. It is located in an R-40 zone. She was given an ANR pre-Approval form.
7:20 p.m. 58 Sam West Road Site Plan Review
Ron Humason and Mike Dufresne presented to the Planning Board a site plan review of a junk yard located on 58 Sam West Road. This is preexisting nonconforming property located in an IR zone in the Well Head District. They are requesting a continuation of the pre-existing use. The present buildings will remain and two additional buildings will be constructed on the site. The new buildings will have to conform to the Well Head District by-law. The new buildings will be built with concrete floors and all work will be conducted inside the building in keeping with environmental safety. Mr. Moglin referred to zoning chapter 185-22 I (b) for uses that do not conform to the Well Head District. Mr. Moglin asked what they did with the fluids that come out of the vehicles. Mike Dufresne said that they drain the fluids into three containment tanks which
can be connected directly to a truck that vacuums the fluids out. Mr. Moglin asked if they would inquire of the manufacturer if the tanks had three walls. Mrs. Terry said that this would be an improvement over the present situation. Mr. Moglin reminded the applicants that the project must come into compliance with the Well Head District regulations. Mike Dufresne said that it is their goal to improve the present situation. They have been working with Craig Samuelson to design a safe structure to store gasoline away from other buildings.
7:45 p.m. Williamsburg Estates Draft Decision
Mr. Phelps gave the Planning Board a working draft for the definitive plan for Williamsburg Estates for discussion. He also gave the Board written comments on the working draft from Mr. Neece, the DPW director. Mr. Moglin reviewed the voting eligibility of Planning Board members for voting on the final draft. Mrs. Terry, who missed one public hearing has reviewed the tapes and will be eligible to vote once she submits an affidavit. . Mr. Chunglo, Mr. Moglin and Mr. Johnson have attended all public hearings and are also eligible to vote. Mr. Santaniello missed two public hearings and thus is not eligible to vote
The following items from the working draft were discussed:
Section I. Definitive Subdivision Findings
315-15 in regards to the right of way it was determined that this is a local street and therefore the 50 foot right of way would prevail
Statements should be added that Bay State Environmental (BEC) had reviewed the plan and the applicant made all the corrected changes to the satisfaction of the BEC, the peer reviewer. Include all dates of reports submitted.
Section II. Waivers
a.) Road contour waiver. Mrs. Terry said that there should be noted in the waiver the specific stations where the waiver applies.
b.) Location of buildings and driveway waiver. Mrs.Terry said that the conditions are listed under condition (w).
c.) Requirements for grades waiver. Specific stations should also be noted on the waiver.
d.) Sidewalk waiver. Mr. Moglin requested that Marc Shute get the figure for construction of a side walks is so an amount can be deposited in the revolving sidewalk account. The figure calculated was $97,290
e.) Subsurface leaching street drains are not allowed waiver. OK as read
f.) Curb radius waiver. Mrs. Terry requested that the station be indicated on the waiver
Section III. Conditions of Definitive Approval.
The first paragraph of the conditions needs to be reworded for clarity specifically with the definition of Natural spaces.
a.) Statement of conditions.
b.) Conditions of a Definitive Plan.
c.) Phased growth limit to 12 dwelling units constructed per 12 month period.
d.) Natural Space to be conveyed to the Homeowners Association.
e.) Out fall and drainage areas will be designated.
f.) The waivers granted shall not take effect unless and until the following activity has taken place.
1. A Conservation Deed Restriction.
2. Conservation Deed restriction has been reviewed and approved by the Town Council
3. Deed restriction is duly recorded at the Hampden County Registry of Deeds.
g.) Restrictive Covenant language shall be attached or referred to in each Deed and Document recorded for the development.
h.) The street names shall be approved by the Board of Selectmen.
i.) All signs are required by the Department of Public Works.
j.) A side walk shall be installed on the South side of the subdivision. A discussion followed as to when the sidewalks should be installed. Mrs. Terry said that the Board did not want a family moving in and not have any sidewalks to walk on. She requested that a new item will be listed that state that a Certificate of Occupancy will not be granted until all sidewalks have been installed. This will be added to the grouping referred to in item (z).
k.) Revolving sidewalk account.
l.) Twelve street lights Mr. Moglin said that the condition should read that the twelve street lights as shown on the final plan shall be installed prior to the issuance of the first Customary Home Occupancy permit.
m.) The cul-de-sac curbing at the end of Meadow Lane. Mr. Moglin said that the Board agreed that the center island would remain. The board told this to the residents at the public hearings. Mr. Moglin said that the Board acknowledges the receipt of the DPW note regarding the island.
n.) All driveways shall be concrete or paved with bituminous concrete.
o.) No excavation material shall be removed form the site without prior approval of the Planning Board. Mr. Moglin said that if Mr. Shute needs to truck off some soil from the site to inform the Planning Board ahead of time. If calls of concern are received the Planning Board will have been informed.
p.) A Professional Engineer with a civil engineering stamp from the Commonwealth of Massachusetts will be present during the construction of the detention basin located on lot 12.
q.) Easements and Utilities must be accepted by the Town. Mrs. Terry said that the Town has to have the right to go on the property in case of a problem.
r.) Removed
s.) The applicant shall comply with all requirements.
t.) One hickory tree will be preserved and five (5) new hickory trees, a minimum of 2” diameter, will be planted.
u.) Construction vehicle traffic will be minimized on Meadow Lane.
v.) Planning Board endorsement of the plans conforming to this decision shall be sought and obtained within 6 months. Mr. Moglin asked to add “not including any time spent in litigation”
w.) No building permit shall be issued without Site Plan Review of each lot in the subdivision by the Planning Board.
x.) Removed
y.) The Applicant shall provide a true “as built” datum before Town Acceptance of the street
z.) The conditions will be attached to every deed. Mrs. Terry proposed that (w) (x) and (n) will grouped together after (g) and be attached to each property deed. Also refer to (j).
Mr. Moglin asked if roof drains were to be installed in each house. Marc Shute replied that they had calculated 6,000 square feet of impervious for each house and drive way to be pushed into the street. Therefore, it has been included in the storm drainage and is not required.
Mrs. Terry asked are there monitoring wells and who will monitor them? Does it have to be put in the decision? Mr. Shute replied per a discussion with the Planning Board on March 25th the developer will install three monitoring wells, if required, at locations approved by Jeff Neece, DPW Director.
Mr. Moglin said a waiver for the sewer needs to be added.
Mr. Shute presented to the Board a 15 day extension.
The Board will review the revised working draft on Tuesday, July 29th, 2008 at 7:30 p.m.
ROUTINE BUSINESS:
9:20 p.m. Tannery Road ANR
Marc Shute presented a request for an ANR on Tannery Road. The property is located in an R 40 zone and is pre-existing non-conforming property. The lot is being divided into two parcels. He was given an ANR pre-Approval form.
9:25 p.m. Minutes
A MOTION was made by Mrs. Terry and seconded by Mr. Chunglo to approve the Planning Board minutes of June 24, 2008. The vote was unanimous.
A MOTION was made by Mrs. Terry and seconded by Mr. Chunglo to approve the Planning Board minutes of July 1, 2008 as amended. The vote was unanimous.
Being no further business to be brought before the Board, A MOTION was made by Mr. Terry, SECONDED by Mr. Chunglo to adjourn at 9:30 p.m. Vote was unanimous.
Respectfully submitted,
Ruth Preston
Recording Secretary
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