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

PUBLIC COMMENTS:  

 

Mr. Slessler said he attended a meeting with John Whalley and Karl Steinhart regarding the sale of used cars on the Granville Road Garage and Walt’s Garage on College Highway. The proposal is to split the businesses making them two independent uses. He said the Walt’s garage stands alone and is limited as to how many vehicles can be on the lot. He said on Granville Road the garage is on the same application because they repaired cars on Granville Road and sold cars on College Highway. He said the Special Permit was given by the Board of Appeals. He said it is located in a Business (B) zone. Mrs. Terry said he wants two used car lots instead of one. Mr. Slessler told him he would need a modification to the Special Permit for the garage on Granville Road. He said Walt’s Garage was not mentioned in that Special Permit. Mr. Whalley arrived and said he has a license for 130 cars on Granville Road and 40 on College Highway. Mrs. Terry said the Board does not issue the licenses for the vehicles. She said it would definitely require a modification to a Special Permit for the Garage on Granville Road. Mr. Slessler said the garage on College Highway has its own Special Permit. Mrs. Terry said the conditions in the permits should be reviewed. She said they would get in touch with him by August 2, 2016.

 

Representatives from Rite Aid requested to install a bike rack. Mr. Slessler said he was unsure if they would need a modification to the Special Permit or a Site Plan. He reviewed the site plan and showed them places they could install a bike rack. The Board discussed the matter and decided it was not enough of a significant change to require a modification to the Site Plan. Mrs. Terry said they should talk the Safety Officer to determine a safe place for the location of the bike rack.

 

Mr. Slessler said the parcel is located in the Industrial Restricted zone (IR). The interested party is planning on running an excavation business on the lot. Mrs. Terry said that a Special Permit will be required. She said besides the Special Permit application he will have to submit plans. She explained the whole Public Hearing process.

 

Ms. Jen Nolasco is considering purchasing three properties on the corner of Babb’s Road and Point Grove Road. She said she would like to remove the three buildings and possibly construct an Inn and a parking lot for Nora’s and Louie B’s. Mr. Slessler said the properties are located in the Business (B) zone. Ms. Nolasco said she would need some variances to make it work. Mrs. Terry said she will need to go to the Board of Appeals for a variance and suggested she review the Parking Regulations. The Board discussed using shared parking possibilities.

 

Curt and Derek Gendron said they have a car license and want to expand to 35 cars. Mr. Slessler said they constructed an addition to the garage in 2008. He said at the time they only applied for 15 car license and now they want to expand to 35 cars. Mrs. Terry said she would like to see a better plan that shows where the building is, all the plot lines, the existing parking and future parking. She said they have to prove with a site plan they have enough room for more cars before they go to the SelectBoard to request more cars. Mr. Gendron said they have more land for cars in the rear of the site.

 

Mr. James McMahon and Mr. Chris Acosta said they are interested in the Berkshire Bank on College Highway in front of Big Y. They are interested in putting in a registered retail medical marijuana facility. They gave the board information about their business. (SEE ATTACHMENT A) They represent HealthWise Foundation which is a non-profit organization dedicated to supporting initiatives to foster the development of healthy minds, bodies and spirits within host communities. Mr. McMahon said the business would be for retail only and no product would be created on the site. He said there would be no on site use allowed. There would be no use of external facilities such as the drive through. He said they liked the facility because of the layout of the plot. He said there is a pond on three sides and that will control a lot of access. He said security and access control is their watchword. He said in addition the building was built with security in mind. He said this facility is almost tailor made for the use. Mrs. Terry said this is the Business zone (B) and retail is allowed. She said the Board had a similar request a few years ago and the Board had issues with the federal law. She said that it is illegal. She said since retail is allowed it is not an issue for the Planning Board. Mr. McMahon said the Federal Government has issued guidance in the interim that states “so long as the Registered Marijuana Dispensary (RMD) is in compliance with State Regulations they will not issue any enforcement act against the facility or the Board that may have authorized its creation”. He said that it is a directive so it is a may not rather than a shall not. He said there has been no enforcement by the Federal Government in five years since this was passed. She said they would need to get an occupancy permit from the Building Inspector and the Town Clerk would have to issue a business license. Mr. McMahan said he has a letter of non opposition that would not state opposition but would state the Board is not doing anything in non contravention. Mrs. Terry said the Board will take this under advisement. Mr. Doherty asked if there were any other pending sites. He said they have one retail license and one growing license in the Town of North Brookfield with strong support and approval. Mr. Doherty asked if they had discussed this with anyone else in Town. Mr. McMahon said that this was their first meeting outside of the realtor. Mrs. Terry said they will call them after talking to others in Town.

 

Mrs. Terry opened the continued public hearing for 41 & 51 John Mason Road. Mrs. Terry read the withdrawal of the excavation request from the applicant. (SEE ATTACHMENT B)

A MOTION was made by Mr. Utzinger and seconded by Mr. Sutton to accept the withdrawal of the earth excavation request for 41 & 51 John Mason Road without prejudice. The Motion passed with one abstention.

Mr. Brown presented the revised plans in answer to the concerns expressed by a neighbor. He showed on the plans where the parking is located, where the handicapped porta potty will be located, the location of the 18 holes on the golf course, the gated entrance from John Mason Road, and the location of the putting green. He reviewed all parts of the plan in detail. The Board asked if there still was an overflow parking area. He said if the 33 spaces were full there is parking along the access road. He said there will be a sign stating no alcoholic beverages allowed and the hours of operation. Mrs. Terry requested a copy of the rules that will be posted. There were questions about the size of the parking area.

She read a memo from the Police Department. (SEE ATTACHMENT C)

She read a memo from the Fire Department. (SEE ATTACHMENT D)

Attorney Michael Schneider representing Mr. and Mrs. Baribeau read 5 questions and said that most had been addressed by Mr. Brown. (SEE ATTACHMENT E)

The Board said they would discuss whether an employee needs to be present at all times when the business is open. She asked if members would have a key to the gate or would the gate be opened at a certain time each day. There was also a discussion about the cleanliness of Port Potties.  Mrs. Terry said she would check with the Health Department to find out how this is handled.

Mrs. Baribeau of 46 John Mason Road asked how you would know if there was high volume if there was no attendant present. She expressed concern about the unattended locked box being stolen and having some unsavory people wandering around the neighborhood. Mrs. Terry said that this is a risk the owners are taking and it is something that can occur with any business. She said the Board will take it under advisement.

Mr. Ed Faits of 19 Pine Knoll Road said he was a disc golf course participant. He said a community in another state invested $250, 000 for a new Disc Golf course in their community. He said that it has increased tourism in their community.  He said he has played in disc golf courses all over the USA and Canada and typically there is not much traffic during the week. He said most players come on the weekend. He said in Canada there was a waiver to sign and a telephone number so they could reach him and a lock box. He said this is a typical model of how it is operated. Mrs. Patterson said that she and her husband had a chance to play on a disc golf course over the weekend and it was the same set up as was described. Because some Board members were unable to attend the August 2, 2016 meeting there was a discussion about when a meeting could be set up to continue the Public Hearing. Attorney Beglane, Town Council, said that the Board has the discretion to schedule meetings as needed.

A MOTION was made by Mr., Sutton and seconded by Mr. Doherty to continue the Public Hearing for 41 & 51 John Mason Road to July 26, 2106 at 7:15 pm The motion passed unanimously.

 

The applicant Craig Sheppard with Sheppard Corp has submitted a sign application for 326 College Highway. Mr. Slessler presented the application. He said they are refacing the existing sign. He said the sign on the overhang now has a logo only so they are reducing the total sign square footage. Mr. Phelps said he is concerned about the sign on the bottom that it might be changing too often.

A MOTION was made by Mr. Phelps and seconded by Mr. Sutton to approve the sign changes for 326 College Highway as proposed. The motion passed unanimously.

 

Mr. Phelps said that he and Alan worked on a briefing paper for preparation of designing a Master Plan. (SEE ATTACHMENT F) He said if the Board could agree on this a copy could be sent to the SelectBoard to let them know what the Planning Board is doing with the Master Plan. He said that this shows elements of a Master Plan which come from the Mass. General Law. He said the Board is going to look at where we are as far as existing plans and do a gap analysis of what is missing. He said then the Board would develop a budget. He said as an example there a need for a housing element. He asked the Board members to look over the paper and consider which element they would like to research. He said as far as the regulation the Planning Board is the body that votes on the Master Plan. He said the Board needs to come up with a budget. Mrs. Terry said a budget would need to be ready for February to present to the Finance Committee.  She said to send a copy of the briefing paper to the SelectBoard as a follow up to a previous memo.

 

Mr. Phelps, the Board representative to the CPC reported on the June 16^th meeting. He said that $180,000 has been returned to the Open Space Fund since the Kellog Property has been withdrawn because it has been tied up in court. There is a big effort to raise funds to purchase and preserve the 144 acres on North Pond. He said the Franklin Land Trust is going to be the not for profit to manage the funds. He said there is a Business Fund drive under way. There will be a satellite office opening soon where the Bead Shop used to be.

 

A MOTION was made by Mr. Phelps and seconded by Mr. Sutton to approve the minutes of June 21, 2016. The motion passed unanimously.

Being no further business to be brought before the Board, A MOTION was made by Mr. Sutton, SECONDED by Mr. Phelps to adjourn at 8:02 pm  Vote was unanimous.

Respectfully submitted,

Ruth Preston

Planning Board Administrative Assistant