Planning Board Meeting Minutes

 

                                        

The regularly scheduled meeting of the Planning Board was called to order at 7:00 pm by Mrs. Terry. She stated that the meeting was being recorded and asked if anyone in the audience was recording the meeting.

PLANNER’S REPORT: 7:00 PM

1. Spoke to Tim Lescalleet regarding the Griffin land development on 689 College Highway for potential mixed use in reference to the Town Center Overlay District.

2. Had a meeting with the potential owner of Norm Storey’s property on Grove Street and Two States Ave. He is considering combining all three parcels and create one lot.

3. Attended Rite Aid open house on January 21, 2016.

4. A letter was sent to #79 Davis Road regarding a ground mounted solar system in a Residential 40 zone (R40) which is less than 1,000 square feet.

5. Talked to Mr. Cecchini of 134 Granville Road regarding cutting trees and stumping in excess of one acre which requires a stormwater permit. He does not plan on excavating other that stumping and possibly using the land for agricultural purposes.  (no concentration of water flow with a minimum of disturbance).

6. Mr. John Arata will be submitting plans for two 15 acre solar sites off Congamond Road adjacent to the existing solar site.

7. Reviewed two sign locations, one at Southwick Crossings and one at 108 Congamond Road.

8. The subject of tiny houses has been raised by the Board of Selectmen regarding the allowed use in Town. (Will check with the Building Inspector.)

PUBLIC COMMENTS:  

 

Mr. Cecchini of 134 Granville Road wanted to discuss the recent tree removal from his property. He showed a plan he drew of his property to the Board. He has 25 acres of land He said that after he began to have it cleared he received a phone call from Mr. Clark, the Conservation Commissioner, and he shut down the tree cutting process. He told him he had to see a Forester. The Forester told him to go ahead and cut the trees. He was told to stop again because of a storm water bylaw. He said that part of the land is cleared and part of the land the stumps have been removed. Mrs. Terry asked what is the purpose of clearing the land. Mr. Cecchini said the land has been for sale for years and he has not been able to do anything with the land. Mrs. Terry said the Stormwater Management Bylaw was required by the Federal Government and adopted by the Town. It states that if more than one acre of land is being disturbed then a Stormwater Management Permit is required. Mrs. Terry said that the purpose of it is to have a protection and mandating the actual discharge of water. She said that if you are disturbing more than an acre of land a permit is necessary. She said if you were just cutting trees and not removing the stumps then she thought bylaw would not apply. She said the tree stumps and roots keep the runoff under control. Mr. Cecchini said he did not want any trouble. The cutting has stopped and the equipment is off the property until this is sorted out. Mrs. Terry asked if he was cutting trees and then stated pulling stumps. Mr. Cecchini said they have been pulling out stumps. He said that he did not know that he could not pull out stumps. Mrs. Terry said that if an acre has been disturbed like pulling out stumps he has the get a Stormwater Permit. She said the Board needs a map of what has been done and what you plan to do in the future. Mr. Slessler and Art Lawler visited the site. Mr. Slessler said the ground is frozen and stabilized at this time. He said there were stumps and debris in the back corner and construction had stopped. Mr. Cecchini said he eventually wants to turn the land into a farm. Mrs. Terry said there is an exemption for agricultural activity. She said he could get a Conservation plan approve by the Natural Resource Conservation Services. Mr. Deedy said that you have cleared a road for trucks to get in and turn around and you have cut trees. He said what the Board wants to hear is that you will not stump anymore cut trees. Mrs. Terry said that activity of cutting and the time the trees are being cut is important so as not to disturb the neighbors. She said she needs an accurate drawing of what the site looks like now so if there is a complaint the Board can refer to the map to determine if you did more cutting. Mr. Slessler asked if they need a forestry permit to cut down a specified amount of trees. Mr. Doherty said the Conservation Commissioner cannot be ignored. He said if the cutting is found the have a significant amount of water runoff onto the neighbors property then it fall under Mr. Cecchini responsibility. He said the Board is trying to figure out whether there is any impact on the water system. Mrs. Terry said the Board needs a professional to tell exactly how much has been cut. Mr. Cecchini said he could put low income housing on the land. Mrs. Terry said she needs a real plan and Conservation’s opinion and a plan that shows what you have done and what you want to do. Then the Board can make a decision if you qualify for an exception of have to file for a Stromwater Permit. A decision cannot be made with the plan presented.

 

A request was received from the applicant of 625 College Highway for a continuation of the public hearing.

A MOTION was made by Mr. Sutton and seconded by Mr. Ballard to continue the public Hearing for 625 College Highway February 9, 2016 at 7:30 pm The motion passed unanimously.

 

Mrs. Terry said that those who have requested a copy of the meeting minutes regarding the Town Center overlay District will find them on the Town web site. Mrs. Preston posts them the day after the meeting at which they are approved takes approximately two weeks. Mr. Filiault owner of property on College Highway is interested in the Overlay and stayed for the meeting. He said he has been approached by business who is interested in his property. He said he wanted to wait until the Overlay district is finished. He said that hoped the plan was to retain the rural community appearance. Mrs. Terry said that is the goal. She said at the last meeting there was a lot of support for the plan.  Mr. Utzinger thought the plan looks good. Mr. Filiault asked if there was anything regarding lighting. Mrs. Terry noted that lighting is addressed in current law but the Board may be looking at at increased control of style. Mr. Slessler said they were considering suggested parking in back or to the sides of the building. Mrs. Terry said they are thinking of adding a residence above the businesses. She said maybe the homes on College Highway would retain their appearance by having a business downstairs and a residence upstairs. Mr. Filiault asked if there were residence on the second floor would you restrict the hours of operation for the business. Mrs. Terry said there would not be an operating restriction. Mrs. Terry replied the uses are not going to change very much. She said it is more about how the building and property appears. She said she would like to be as business friendly as possible and just control how things look and increasing the aesthetics so as to look like a typical New England Town. She told Mr. Filiault that it would be helpful if he read the Design Guideline Hand Book and bring to the Board his opinions of what is in it. She said there is more in it than the Board wants to use. She said that it is only a guideline but they want use of the information but not all may be required. She said that there is a sign bylaw, and a parking by law. She said the Board did not want to change those bylaws or add them in to the District since they already exist. She said that the Board is only looking at the Business Restricted zone. She said they have looked at other towns like Groton and Bolton. Mr. Doherty said he selected the Town. He was trying to compare towns with a similar size population and they included right to farm and similar to Southwick. He looked at Massachusetts data only. Mrs. Terry said the Board is waiting hear back from the Griffin Land Trust. She wants to know what kind of mixed use they are thinking of. Their property is in the Business Restricted zone and the Industrial zone. Mrs. Terry said she would like to have something to work with at the next meeting. She said the Board will be passing an amendment to the Southwick Zoning Bylaw. There will be a map of the proposed district and guidelines the Board can follow and it has to be passed by a two thirds vote at Town Meeting. She said then it has to go to the Attorney General to be approved. She said she would like to have it on the annual Town Meeting in May. It was noted that Mrs. Preston posts them to the Town Website after they have been approved; this is typically two weeks after a meeting.~ We do not distribute draft minutes.

A MOTION was made by Mr. Utzinger and second by Mr. Sutton to continue the public Hearing to February 9, 2016 at 7:45 pm The motion passed unanimously.

 

The Board reviewed some of the preliminary changes made to Chapter 315. Most changes were minor. There was an extensive discussion concerning bonding for Subdivisions. They reviewed the definitions of streets and ways.

A MOTION was made by Mr. Utzinger and seconded by Mr. Ballad to continue the Public Hearing to February 9, 2016 at 8:00 pm The motion passed unanimously

 

Mrs. Terry reviewed the sign application for the Forest and Sky Art Studio.Mr. Slessler reviewed the sign for 108 Congamond Road. He said the sign conforms to the sign bylaw requirements.

A MOTION was made by Mr. Sutton and seconded by Mr. Ballard to approve the sign presented for 108 Congamond Road.  The motion passed unanimously.

 

Mr. Slessler reviewed the sign for 208 Congamond Road. He said the sign conforms to the sign bylaw requirements.

A MOTION was made by Mr. Sutton and seconded by Mr. Doherty Ballard to approve the sign presented for 208 Congamond Road. The motion passed unanimously.

 

A MOTION was made by Mr. Ballard and seconded by Mr. Utzinger to approve the minutes for January 12, 2016. The motion passed unanimously.

 

Mrs. Terry reminded the Board that a joint meeting with the Board of Selectmen will be held on February 8, 2106 to select a new associate member. She said there were two applicants. Each Board member had a copy of the two resumes and letter of intent to review before the joint meeting.          

 

Mrs. Terry asked the Board to review the annual report for 2015.

A MOTION was made by Mr. Sutton and seconded by Mr. Doherty to approve the Annual Report and to send it to the Town Clerk for submission on the annual Town Report. The motion passed unanimously.

 

Mrs. Terry and Mr. Slessler reviewed the Solar Bylaw regarding construction of solar panels in a residential zone particularly 79 Davis Road. They decided that the Solar bylaw had to be upheld. A letter was sent to the applicants.

 

Mrs. Terry said that the Phased Growth Bylaw is out dated May 25. 2007. She said that they could remove it or amend it. Mr. Slessler suggested removing the expiration date. Mrs. Terry said that this year we had only 15 building permits. She said it is supposed to help the Town with long term planning. She said it is about Town services and the growth. She asked Board members to consider what the Board would want to do.

Being no further business to be brought before the Board, A MOTION was made by Mr. Sutton, SECONDED by Mr. Utzinger to adjourn at 9:00 pm  Vote was unanimous.

Respectfully submitted,

Ruth Preston

Planning Board Administrative Assistant