Planning Board Meeting Minutes

Meeting date: 
Tuesday, March 8, 2016
MEMBERS IN ATTENDANCE:
Roz Terry, Chairman
 
Michael Doherty, Vice Chairman
 
David Sutton
 
Richard Utzinger
 
Gina Patterson, Associate
 
Alan Slessler, Town Planner
  
ABSENT:
Joe Ballard     
 
                
                                        
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. Contacted Mr. Beglane, the Town Attorney, requesting a review of the final edits to Chapter 315.
 
2. Reviewed additional Town Center overlays and their formats regarding use. (Dracut Center).
 
3. Received information on Stego Vapor Barrier application for a proposed application at 1 Hudson Drive.
 
4. Reviewed proposed Disc Golf Course off John Mason Road. Received documentation regarding the proposed project from the abutters.
 
PUBLIC COMMENTS:  7:05 pm
There were no public comments.
 
APPOINTMENTS:
 
7:10 pm
1 Hudson Drive
Architectural Change
 
Pat and Andrew Reardon presented an alternative proposal for 1 Hudson Drive. Mrs. Terry said that in 2004 a special permit was issued for 1 Hudson Drive for storage buildings. She said there is one special permit for the use, one for the Industrial Zone and one for over the Well Head Protection District. She said they were back in 2014 for additional buildings and a new site plan was presented for those additional buildings in the back under the same stipulations for the original permit. She said that he has not pulled a building permit for the back four buildings. Mr. Reardon proposes to make a change before he builds the back four buildings. Mr. Reardon gave the Board a drawing of how the slab was proposed. (SEE ATTACHMENT A) He said there is a trench or drain that runs the perimeter of the slabs. He said he proposes to remove the drain and use another product called STEGO, a vapor wrap barrier that would be put under the entire slab. He gave the Board members a sample of the product. Mrs. Terry read the permit requirements of capturing any liquids and the applicant must provide to the Board of Health the calculations of the spillage volume control for each building prior to the issuance of the occupancy permit. She said that there is no control over what may be put in storage. She said if someone put something in the storage that leaks how it would be contained and how would it be removed to protect the soil. She said his new proposed solution is not a containment system. She said she contacted the company and they said that the product was not made for containment and removal of fluids. She said that if he wanted to make a change to the requirement of the special permit he would have to submit a request for a modification to the special permit. Mr. Doherty said there is no control on what goes into storage facility. Mrs. Terry said that this is not an architectural change but is a change to the Special Permit.
 
7:15 pm
41 & 51 John Mason Road
Public Hearing
 
Mrs. Terry read the public notice for 41 and 51 John Mason Road for an application for a Special Permit for a Disc Golf Course and a Gravel Removal Permit. She appointed Gina Patterson, the Associate Board member, as a voter for this hearing since a Board member was absent. Mr. Lévesque, of Lévesque Associates, represented the applicant, Mrs. Freda Brown, and presented the plan for 41 and 51 John Mason Road to the Board. He said the proposal consists of two pieces of property located off John Mason Road. He said the applicant is seeking to gain some income on the property and also is looking for something that is sustainable and permitted. The Disc Golf course is a commercial recreational activity. He said it would have the least impact on the neighborhood. He said the remaining property is a forest and would remain a forest. He showed where the access road is, where the club house would be located and where the course would be located. There is 120 acres of land and the course will be 50 acres. He said the design engineer is Randy Brown. He prepared the site plan and the site plan application with the assistance of R Lévesque Associates. The plan shows 21 parking spaces in a very minimal gravel parking area. He said there are a number of applications including the Special Permit for earthwork. He said they have filed a notice of intent with the Conservation Commission because of some intermittent streams. He said the project is not subject to Stormwater Management because they will be disturbing less than one acre of land. He said the course is located way back on the property on land that has already been disturbed. He said that this is not going to be a gravel operation. He said they plan to remove 4,000 cubic yards of material to create the parking area. He said the removal of earth will be a very temporary operation. He said that the construction of a home often will remove in excess of 1,000 cubic yards. He concluded this is not a huge amount of soil removal for this project. He said this project is allowed in this zone. He said he has met with the Southwick Health Department. He said there will not be any odd hours of operation. Mrs. Terry asked what would be the hours of operation. The Manager of the Disc Course said the hours of operation are from dawn till dusk. He said there would be no lighting, no power, no plowing and no camping. He said they plan to start with 18 holes and hope to ultimately have 27 holes. He said that the project is seasonal. Mr. Lévesque said there would be 21 parking spaces to include handicapped and employee parking. He said they would have porta-potties and if needed in the future they will modify the plan for bathroom facilities. Mrs. Terry said that this would be a one year permit so changes could be made in the future. Mr. Lévesque said the golf course entrance is set back from the road 400 linear feet. He said there is a small agricultural use in front. He said they will be meeting with the Conservation Committee again for clarification of some items. He said there will be a small structure to store the discs and to collect fees. He said there will be picnic tables but customers will bring their own food. He said there is a field to hold overflow parking. He said there is room on the access road if overflow parking is needed. Mrs. Patterson asked if there would tournaments. The Disc Manager said that in the shorter range the size and events would be kept small. Mrs. Terry said that in the decision the Board could address that by requiring they come in for a special event. She said as far as the earth excavation there is a separate permit. She said the access is off John Mason Road. She asked about machinery and what kind of trucks would be required for the earth excavation. Mr. Lévesque said it depends on how it is done but it is earth moving equipment. He said it could be 200 trips depending on how heavy the loads are. He said it could be done in ten days or a month depending on the restrictions. He said the condition of the roadway is not great. He said street sweeping would make sense to keep the road in good condition. He said they would put in a 50 foot tracking pad. He said if any damage is done on the road they would repair it. Mr. Terry said that there would be a Performance Bond required with the Gravel Permit. She said there is a requirement that the road would be left in the condition it was found. She said the hours of operation indicated from seven to five. She said if they shorten the day then the time of excavation is longer. She said they could stipulate it goes down route 57 and then to route 202. Mr. Lévesque said they are willing to adhere to conditions. Mr. Doherty said that the initial proposal a year ago said there would be 1800 square yards of earth to be removed and now it is 4,000. Mr. Lévesque said that they have added more drainage to the plan. They have added more stormwater drainage and swales to slow the water down and treat it. He said they would detain more water. Mrs. Terry reviewed the Town Boards that would be involved. She said that Conservation in the middle of their decision. The Board of Health has issued a one year permit. The Department of Public Works (DPW) submitted an email responding to the notes on the packet. There were 12 items mentioned and 7 of those have been taken completed. (SEE ATTACHMENT B) Mr. Lévesque said the disc course will be an impervious surface. He said there was not going to be any gravel put down for the course. Mr. Slessler said the Fire Department has seen the plan and they are going to check the cross culvert to find out if it could hold the weight of the fire truck.
Mr. Robert Baribeau, of 46 John Mason Road, asked if excavation is absolutely necessary to create the parking lot. Mr. Lévesque responded the solution that is being proposed to correct the grading for the parking lot. He said that a section of the parking lot is too close to a wetland. He said, in his opinion, it is the best solution to fit in the area that has already been disturbed. He said going outside the area is too close to a wildlife species habitat. He said they are not looking to clear an additional area if they do not have to. He showed where they are cutting a portion of land. He said they are also clearing an area to create a storm water basin. He said since the grade for the gravel parking lot cannot be over 5%, anything they have to do to accommodate for the a grade is planned. He said it could be done differently but this is the most logical from a conservation point of view, from an endangered species point of view and from a drainage point of view. He said the material to be removed is good material. He said the farming area in the front is agricultural use leased to a farmer. There is no intention to use that space for parking. He said the parking area is the most logically located central area and a short walk to the disc golf course area.
Mr. Baribeau said if there are other solutions he felt that it is an invitation for the abutters to come up with certified bonafide solution that would preclude hauling away 4,000 cubic yards of material. Mrs. Terry said that there are always other solutions but she wanted to hear what other people in the audience have to say.
Mrs. Terry read the following letters and emails from the abutters:
Letter from Mr. Michael Schneider, Attorney at Law with four comments.
Email from Frank Myers, of 54 Fred Jackson Road, opposed to the project.
Email from Gary and Beth Baldis of 10 John Mason Road concerned about the removal of gravel.
Email from Kim Hannah, of 2 John Mason Road, concerned about the removal of gravel
Email from John and Carla Perez, of 120 Klaus Anderson Road, concerned about the removal of gravel.
Email from Paul Caron, of 10 Ed Holcomb Road, concerned about the removal of gravel.
Email from Sandra McGann, of 31 Fred Jackson Road, with 16 concerns about the removal of gravel.
Email from Norman Cote, of 5 Ed Holcomb Road, concerned about the removal of gravel.
Email from Kevin and Cindy Littefield, of 22 Ed Holcomb Road, concerned about the removal of gravel.
Email from Barbara and Bob Brooks, of 42 John Mason Road, concerned about the removal of gravel.
Email from Patty Leyden, of 116 Klaus Anderson Road, concerned about the removal of gravel.
Email from Edward Leyden, of 116 Klaus Anderson Road, concerned about the removal of gravel.
Mr. Leyden said that he sees more money for the sale of the gravel than the income from the Disc Golf Course. He asked how they will monitor that the gravel removed is actually 4,000 cubic yards. Mrs. Terry said that the Board has written other permit like this for gravel removal and the permit is very strict about the number of trucks per day. She said that they have to log them in with the Building Inspector. She said this is not a permit for long term excavation. She said it has a beginning and an end. She said that this removal of gravel is for the purpose of this parking lot. Mrs. Terry asked the audience for questions.
Ed Roberts, of 72 Vining Hill Road, said the he supports this plan very strongly. The plan is well written and well done. He said this is a great purpose.
Ron Urban, of 155 Fred Jackson Road, said he is concerned with the excavation because of the trucks and the road cannot handle it. He said he is unclear of the possible revenue from a Disc Golf Course.
Harold Heap, of 21 Ed Holcomb Road, said a lot of planning went into the Disc Golf Course. He said the reason the Planning Board went to the Town to change the excavation bylaw was so they could have control over how the excavations were done. He said the road is totally destroyed. He said he is upset because John Mason Road does not get much attention from the DPW. He said he could put up with trucks for 10 days. He is in support of the Disc Golf.
Charles Abla, of 36 Fred Jackson Road, said he does not want the trucks going up and down Fred Jackson road.
A resident, of 6 John Mason Road, asked if the road is a Town Road. Mr. Lévesque said it is a County Road. Mrs. Terry said she the Town receives State funds to take care of the road. She said that there would be restrictions as to how often and the directions the trucks take. She said that it will be monitored by the Building Inspector. She said if there are a problem give us a call and someone will go out there.
Holly Fenton, of 20 Fred Jackson Road, asked if they would be removing gravel on the weekend and on Holidays. She said when they report it to the police they do not come. Mrs. Terry said that would have to be addressed.
James Fenton, of 20 Fred Jackson Road, said the road is not in good condition from trucks that are driving on the road. He asked that the Board have the right monitors checking this out.
Ed Faits, of 19 Pine Knoll, said he travels to other towns to play Disc Golf and it would be wonderful to have one here in Southwick.
Mrs. Terry said the Board will be continuing the hearing so residents will have another chance to speak. She has 8 letters left to read and will read them at the continued hearing. Mr. Lévesque said since raising dust from the road is a big concern they would make an effort to reduce the amount of dust from the truck traffic. He said it seems like a lot of materials being removed but a small single family home would a similar amount of earth removal coming and going. This is an opportunity to control this. He said there are controlling factors, the wetlands, existing grades and the bird sanctuary.
Mr. Robert Baribeau, of 46 John Mason Road, requested to present a slide show at the next meeting. Mrs. said that he could but he must give the Board a hard copy and the presentation must be limited in time.
A MOTION was made by Mr. Utzinger and seconded by Mr. Sutton to continue the Public Hearing for 41 & 51 John Mason Road to March 22 at 7:45 pm The motion passed unanimously.
 
8:45 pm
Town Center Overlay District
Continued Public Hearing
 
Mrs. Terry said that if we are going to present anything we must be prepared by April 1, 2106. There could be a fall Special Town Meeting. She said that we have time and it could always be amended in the years to come. She said it should be completed in time. She asked the Board if they want to work on the Master Plan or work on the Overlay District. Mr. Patterson said she had a 17 page example from a Town in Indiana that she thought would be helpful. Mr. Terry said the bylaw cannot be too long but should be as brief as possible. Mrs. Patterson suggested it should be created by topics. Mrs. Terry said College Highway is not wide enough to have on street parking.  The Board discussed if underground electricity was a possibility. Mrs. Terry said she would like to see some landscaping, adding trees and benches. Mr. Phelps, of Depot Street said a short list of what you want is best. He said the business owners were interested in the Overlay District. Mr. Doherty said that interim mixed use should only be allowed for new buildings and not existing businesses. Mrs. Terry said that the main use of the building is business and not apartments that access from the rear of the building. Mrs. Patterson said that if a developer comes into Town the building must be in keeping with the architecture existing in the Town Center. Mrs. Terry said the existing houses are easy but for the strip malls, the verbiage is important.
A MOTION was made by Mr. Sutton and seconded by Mr. Utzinger to continue the public hearing for the Town Center Overlay District to April 12 at 7:15 pm  The motion passed unanimously.
 
ROUTINE BUSINESS:
 
9:00 pm
Budget Hearing
Results
 
Mrs. Terry attended the Budget Hearing and it was brought up by one of the Selectmen those dues are rarely used. We have a professional line item that can be used if we want to hire someone from outside to review a project. Conference and travel is only $90 and the Finance Committee and the BOS recommend this money be used for learning experiences for the Board and staff.
They suggested we move some money from somewhere else into conferences. She said in supplies there is $610.00.
Mr. Joe Deedy, Selectman, said he has been going for training. He said going to the meetings help our insurance. He said there is a lot of training that can help the Town Planner and the DPW Director. He said if training is available he will find the funds to help with the costs. She said the Planning Board is very frugal. She said that some funds can be moved around within the budget.
 
9:05 pm
Master Plan
Discussion
 
Mrs. Terry said that she mentioned this to the Finance Committee and there are no funds to work on it.
She asked the board keep this in mind for the future. She said there should be a committee to work on the Master Plan. Mrs. Preston called Nitsch Engineering and talked to their Planner. He suggested we call UMass Amherst to see if they have a student that could help with the Master Plan. Ms. Patterson gave Mrs. Terry a copy of the Simsbury Master plan and suggested the Board use the resources listed for assistance. She said that the Board needs to start somewhere. Harold Heap, of 21 Ed Holcomb Road, said he chaired the creation of a Master Plan. He was told that he was trying to turn Southwick into Simsbury. Ms. Patterson said the only reason they are looking at Simsbury is because they have a finished product.
 
9:15 pm
 
Minutes
 
A MOTION was made by Mr. Mr. Utzinger and seconded by Mr. Doherty to accept the minutes of February 23, 2106. The motion passed unanimously.
 
Being no further business to be brought before the Board, A MOTION was made by Mr. Sutton, SECONDED by Mr. Utzinger to adjourn at 9:20 pm  Vote was unanimous.
 
9:16 pm
The Land Protection Analysis
Discussion
 
Mrs. Terry reminded the Board that they will need to discuss this program presented by Mr. Phelps.
 
Respectfully submitted,
Ruth Preston
Planning Board Administrative Assistant