Minutes of April 4, 2006
Present were: Donald Anderson,
Chairman; Louis Calabrese, Vice Chairman;
Michael Przybylowicz, Clerk;
Marilyn Richards and Thomas Morrissette.
At 6:30 p.m. Mr. Anderson reopened
the public hearing for the proposed Congregate Living facility at
Attorney Mirkin said they need to
split the properties not because they have a subdivision plan but for bank
financing purposes and for transaction purposes with the Wiezbicki’s. He said one of the concerns that came up at
the last meeting dealt with the question dealing with private versus a public
road and the town being involved with maintenance of the road versus the
parties that own the property. Attorney
Mirkin said what they intend to do when a special permit is granted, they will
never go to the town to seek that the road be made a public roadway, it will be
kept private and maintained by the developer and anything in that parcel
will be maintained by the
developer.
Mr. Anderson asked what if the
homeowners in the new subdivision want to turn their street into a public
street, even through you say you will not?
Attorney Mirkin said the way their plan is going to come out is that
they are going to agree to be private and anyone that might develop in the back
would have to deal with having private roads, which is an economic disincentive
to some small extent if it is a small subdivision. Attorney Mirkin emphasized that he assures
the Board some of the parties that attended before are abutters and were
curious but no one is under contract to develop anything at the moment. With that said, Attorney Mirkin stated that
the applicant needed time to re-design the plan and provide the Board with
additional information. He also stated
that he would provide more information on the subdivision and make certain that
a separate plan would be prepared to make review easier.
Mr. Anderson asked if the
petitioners’ counsel had had any questions.
Mr. Anderson asked if they wanted to continue the hearing until May 16th. Ms. Macdonald said 6:30 on the 16th was
available. Attorney Manning asked if
that was the earliest date, Mr. Anderson said that was what was suggested,
Attorney Mirkin added yes, that it was the first time available.
With no further discussion and
upon motion duly made and seconded, the Board voted unanimously (4-0) to continue
the hearing until May 16th at 6:30 p.m. (Mr. Calabrese not voting as
he was not present at the previous public hearing)
Mr. Anderson left after the public
hearing for personal reasons and Mr. Calabrese took over as acting chair.
The Board reviewed an ANR plan
submitted by Chester Czupryna. Ms.
Macdonald explained to the Board that there did not appear to be vital access
to the property. After discussion and
upon motion duly made and seconded, the Board voted to wait for Ms. Macdonald
to provide more information on the issue. She explained that she would seek a written
extension in order to give the Board additional time to review the site.
The Board reviewed an ANR plan
submitted by Michael Carabetta. Ms.
Macdonald explained that 2 lots would be split to make them less
non-conforming. The Board agreed that a
non-conforming lot cannot be created.
Ms. Macdonald said it would not be creating a non-conforming lot as it
was an existing lot to which additional property was being added. Mr. Morrissette said the by-law states if you
have the ability to make a lot bigger you have to make it the right size. He said his thoughts are if you have a piece
of property even though it was individual pieces and owned them all together
when it was build on it had to conform.
Ms. Macdonald said yes but the
by-law provides the one crucial sentence regarding non-conforming lots
because the town can be less restrictive, they just can’t be more restrictive.
Ms. Richards said that Mr.
Carabetta has already received building permits, and he is going to build on
the existing lots they way they are. She
continued by stating that he came to the Board with that same offer back when
town counsel was here and town counsel talked about lots in common ownership
and the entire parcel was in common ownership and he bought the entire parcel
and had the ability to bring it into town compliance. After discussion and upon motion duly made
and seconded, the Board voted unanimously (4-0) to deny the ANR based on the
above-stated grounds.
Ms.
Macdonald told the Board that Ryan Ochoa from Ochoa Hair Salon wants to bring
the inside staircase up to code by widening it 3 feet. She said that it would not be creating any
zoning infractions to the structure which was pre-existing non-conforming. Ms. Macdonald showed the Board a plan of
which Mr. Ochoa was proposing. She said
the only reason why Mr. Ochoa was doing this was because, according to the
Building Inspector, the stairs do not meet the state building code and are not
safe. Ms. Richards asked how the issue
of the special permit came up. Ms.
Macdonald said that Ryan Ochoa came into the office and after talking with him
she told him that he needed to do special permit. After discussion the Board agreed that he
would need a Special Permit because he was altering a pre-existing non-conforming
structure.
Street Takings
Ms.
Macdonald said she put a package together for Attorney Jim Donahue regarding outstanding
streets, accepted at town meeting, but not yet taken and read his response to
the Board which did not provide a solution.
Ms.
Macdonald gave the Board a list of items for the public hearing on April 10th
that she feels everyone should look over before the meeting.
The Board discussed the proposed
by-law presented by Jim Driscoll regarding limiting the size of retail stores
in business and industrial districts.
Ms. Richards said that she had spoken with Mr. Driscoll and that she
suggested 65,000 square feet and felt it was reasonable. Mr. Calabrese asked if
Jim Driscoll was asking 40,000 square feet per building in the industrial
district, Ms. Richards said yes, per
building.
Mr. Morrissette asked if one
building on the same piece of property as another building could be larger than
65,000 square feet? Ms. Richards said
that there is no provision for percentage other than lot coverage and she said
if the building was maximized at 65,000 square feet with 3 structures at 65,000
square feet on a huge parcel as long as they were no closer than 3,000 feet, it
would be allowed. Mr. Calabrese said he
felt that the Board should not say anything because if the Board was going to
put together a by-law they would have put a lot more time into it and he thinks
they gave Mr. Driscoll some good suggestions.
Mr. Przybylowicz said he felt that
people are upset about the traffic it is going to generate, whether it is
Lowe’s or Home Depot. Mr. Calabrese
asked how could the Board make a recommendation either for or against it with
such little information and in such a short period of time, and felt what Robyn
gave them very good suggestions. Ms.
Richards said in her opinion if it were passed it would have to be the first
phase of the Planning Board’s initiative and would have to come from the
Planning Board because maybe it would slow things down to give the town an
opportunity to get some funding and look at a master plan.
Ms. Richards wondered where the
3,000 feet came from and whether it was it based on any model in the community
that had adopted the 3,000 feet separating structures. She said she was
concerned about the restriction of the single structure and concerned with the
portions of the different property and what difference would it make on a 34 acre parcel as opposed to 2.5 acre parcel -
and would it be appropriate to incorporate a formula dealing with size of
properties? She felt that it says that
more than one structure on a parcel as long as there is 3,000 feet between them
and she thinks that it is worth debating.
Mr.
Calabrese said it is unfortunate that at the last minute Jimmy Driscoll drew up
a by-law up and threw it together and the Board normally does not create a by-law
without taking months of hard work. Ms.
Macdonald asked the Board if they thought that Mr. Driscoll meant 300 feet
instead of 3,000 feet. Ms. Richards
answered that she didn’t know. Mr.
Morrissette said even 300 feet is lot and the fact of the matter is if the
intent of the by-law is to stop some one big, who cares if it is afoot in
between the buildings as long as it is a separate building. Mr. Calabrese added that he thought some of
the suggestions made were definitely enhancing and he thinks there is still
time after the public hearing to discuss the particulars before considering any
type of recommendations.
Ms. Richards said the public
hearing is April 10th, and the Board needs to discuss it that night
because we the Board would not meet again until town meeting.
Mr. Przybylowicz asked if Jim
Driscoll had a chance to see the suggestions.
Ms. Richards said that she e-mailed the suggestions to him and he
e-mailed her back thanking her.
Clerk, Michael Przybylowicz read a letter
from Cheri Brady requesting a waiver of Site Plan Review to open a small
professional office at 143 E Shaker Road, Suite 200A called Mind Body
Connections with hours of operations will be Monday – Saturday, 9:00 am – 5:00
pm. She will be the sole proprietor and
provide therapy for stress management, relaxation techniques, guided imaginary,
clinical hypnotherapy and therapeutic touch.
Upon motion duly made and seconded, the
Board voted unanimously (4-0) to waive
Site Plan Review.
Clerk, Michael Przybylowicz read a
letter from S & P Sensational Scents, Gifts & More requesting a Waiver
of Site Plan Review to open a gourmet candle & gift shop at 176 North Main
Street. The shop will be operated by the
both owners Susan Lecuyer and Paul Copeland, with no other employees and hours
of operations will be Monday – Friday, 9:30 am – 5:30 pm and Saturday, 10:00 am
– 5:00 pm. During Thanksgiving to
Christmas they will be open Monday – Wednesday, 9:30 am – 5:30 pm and Thursday
– Saturday, 9:30 am – 8:00 pm and will be closed on Sundays. During their planning stages they will be
using their inside window for their outside signage that will be a banner
approximately 3 x 6 in. They will submit
the appropriate applications for the outside signage for approval before they
purchase it.
Mr. Morrissette asked if they will
be making the candles or just selling them? Ms. Macdonald said just selling them, however
she would verify that information.
With no further discussion and upon motion
duly made and seconded, the Board voted unanimously (4-0) to waive Site Plan
Review subject to verification that no manufacturing is being performed on the
premises.
After review of
the color rendering for the temporary signage
announcing the relocation of the U.S. Martial Arts Academy financed by Monson
Savings Bank, the Board unanimously voted (4-0) to approve the signage
displayed approximately 60 days.
Ms. Macdonald explained to the
Board that Pat Pryor of Patricia Pryor Insurance Agency requested she be
allowed to erect a sign 25 feet from the property line. After review of the application, the Board voted (3-0) to approve the ground sign as presented, subject to meeting the square
footage requirements of the by-law, no LED illumination and conditioned upon obtaining a sign permit from the Building
Inspector with the setback requirement being met. Mr. Morrissette abstained from voting due to
a business relationship with the applicant.
Ms. Macdonald said that U.S.
Academy of Martial Arts is looking to put up their sign they took down from
their other location and they now understand that cannot have two building signs. She said that it is an illuminated interior
lit wall sign. After review of the application,
the Board voted (4-0) to approve the sign as presented, subject
to the proper square footage, no LED or flashing lights and conditioned upon obtaining a sign permit from the Building
Inspector.
There being no further business
and upon motion duly made and seconded, the Board voted unanimously to close
the public meeting at 9:00 p.m.
For
the Board,
Michael
Przybylowicz, Clerk