Planning Board Minutes

Meeting date: 
Tuesday, January 10, 2017
MEMBERS IN ATTENDANCE:
Roz Terry, Chair
 
Michael Doherty, Vice Chair
 
Richard Utzinger
 
David Sutton
 
Marcus Phelps
 
Gina Patterson, Associate
 
Alan Slessler, Town Planner
 
                                                                
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. Received a revised plan for 55 Hudson Drive.
 
2. Received a revised plan for 81Point Grove Road.
 
3. Reviewed 106 Berkshire Ave with the Building Inspector. The lot is a lot of record. The Property will have to be reviewed by the Zoning Board of Appeals for variances on all sides of the property. Congamond Heights Association owns the 0.14 acres on 106 Berkshire Ave.
 
4. The proposed Verizon Balloon Simulation will be held on Thursday January 12, 2017 from 8:00 am to 12:00 pm
 
PUBLIC COMMENTS:  
 
7:05 pm
32 Sam West Road
Discussion
 
Paul Floury and his son Conner spoke to the Board about 32 Sam West Road located in the Industrial Restricted Zone (IR). He is interested in creating a small manufacturing plant. He asked if he could construct 5,000 square feet building on the lot for a Fiber Optic manufacturing. Mrs. Terry said the use is permitted in the zone. She said he would have to come in for a Special Permit. She said that the Board would need a set of plans that showed if the proposed building would fit on the lot.
 
APPOINTMENTS:
 
7:20 pm
55 Hudson Drive
Continued Public Hearing
 
The Planning Board reviewed the application for 55 Hudson Drive to check the revisions that had been made
A MOTION was made by Mr. Utzinger and seconded by Mr. Sutton to close the hearing for 55 Hudson Drive. The Motion passed unanimously.
A MOTION was made by Mr. Sutton and seconded by Mr. Doherty to grant a Special Permit, a Site Plan Approval. The motion passed unanimously.
The Planning Board reviewed the draft decision for 55 Hudson Drive.
A MOTION was made by Mr., Phelps and seconded Mr. Doherty to grant the Wellhead Protection District Permit for Hudson Holding LLC.
The motion passed unanimously.
 
7:30 pm
81 Point Grove Road
Continued Public Hearing
 
The Planning Board reviewed the revised application and the draft decision for 81 Point Grove Road. Patrick Smith of 620 Lakeview Street and Jesse of R. Lévesque Assoc. presented the revised plan for 81 Point Grove Road. Mrs. Terry read an email from Mr. Brown the DPW Director (SEE ATTACHMENT A).  
 A MOTION was made by Mr. Phelps and seconded by Mr. Sutton to close the hearing for 81 Point Grove Road. The Motion passed unanimously.
A MOTION was made by Mr. Doherty and seconded Mr. Sutton to grant the Special Permit and Site Plan Approval for 81 Point Grove Road. The motion passed unanimously.
A MOTION was made by Mr. Utzinger seconded by Mr. Doherty to grant A Well Head Protection District Permit. The motion passed unanimously.
 
7:57 pm
Marijuana Moratorium
Public Hearing
 
Mrs. Terry read the legal ad for the moratorium on Medical Marijuana, Recreational Marijuana and production facilities. The Planning Board is proposing a moratorium on applications for marijuana facilities in order to give the Board time to carefully study the proposed State laws and have time to write a zoning bylaw for the Town of Southwick. She said the citizen’s petition for the legalization of Recreational Marijuana passed in the Town and State voted. She said that the Town cannot prohibit the use in Southwick. Mr. Moglin, SelectBoard member, said the best approach for the Planning Board is to set up zoning bylaws. Mrs. Terry said the purpose of Town zoning regulations is help keep the Town residents and property owners safe and protected. She said that it takes time create a zoning regulation. She read a letter from the Chief of Police (SEE ATTACHMENT B). Mr. Fox, a member of the SelectBoard, said that he is in favor of the moratorium. Mr. Moglin, a member of the SelectBoard, said he has been working with the Town Attorney on this issue. He said there will be substantive changes in the law but we do not know when those will be completed. He said there is local control of the issue. Mr. Ryan Pease of 180 Mort Vining asked why there has not been a bylaw for medical Marijuana. Mrs. Terry said it has been recently come to our attention that the medical marijuana is now tied to the recreational marijuana. He asked what the difference is between liquor licenses and marijuana licenses. Mr. Terry said the liquor licenses have been around for a long time and all licensing has been in place. Marijuana is new and the Board must start from the beginning. She said that change takes time. Mr. Joseph Young, of 186 Berkshire Avenue, asked if the Town will accept any applications until the zoning bylaw has been completed. Mrs. Terry said no applications will be accepted until the zoning has been complete. A MOTION was made by Mr. Phelps and seconded by Mr. Donahue to continue the Public Hearing for marijuana to February 7, 2017 at 7:15 pm The motion passed unanimously.
 
ROUTINE BUSINESS:
 
8:35 pm
 
Tilcon
 
Mrs. Terry said a letter was sent from March USA Inc. stating a verification of a certificate of the bond renewal for Tilcon Gravel. The letter requested to please return the bond if it is no longer needed. She said that this request is from the Tilcon Gravel operation in Town. Mr. Slessler said they have to renew the $20,000 bond yearly. Mrs. Terry signed off on the request to continue the bond.
 
8:40 pm
 
Minutes
 
A MOTION was made by Mr. Phelps and seconded by Mr. Donahue to accept the minutes of December 13, 2016. The motion passed unanimously.
 
8:45 pm
Noble Steed
Discussion
 
Mrs. Terry said that Noble Steed is a n approved subdivision behind Big Y on Vining hill Road. The Governor extended all Special Permit for a period of time due to a poor economy. She said the extension was made until March 2015. She said that tree removal started in February, 2015.The attorney from the purchaser is checking on the date. She said the vote was taken in 2009. She said someone is buying the subdivision and there is some question about some things that were supposed to be taken care of such as no building permit will be issued until a water supply approval has been issued. She said that might not even happen. Mr. Slessler said the applicant could not come to an agreement. Mrs. Terry said whoever is purchasing this they should do some research especially with the Water Department and the Conservation Committee. She said it will come back to the Planning Board with modification.
 
9:05 pm
Marijuana
Sub Committee
 
A MOTION was made by Mr., Phelps and seconded by Mr. Sutton to send a memo to the SelectBoard request the Planning Board establish s subcommittee for marijuana. 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 8:45 pm  Vote was unanimous.
 
Respectfully submitted,
Ruth Preston
Planning Board Administrative Assistant