TOWN OF PALMER
Planning Board Meeting Minutes
May 4, 2009, 7:00 pm, Planning Office.
Chairman Michael Marciniec called the meeting of the Planning Board to order at
7:00 PM. Present were members Norman Czech, James Haley, Jr., Diane France and Thomas Skowyra. Also present were Town Planner Linda Leduc and Principal Clerk Mary Watson recording minutes.
7:00 PM-Continuation of the Special Permit Application for gravel removal for Jacques Construction located on Griffin Street and State Street, Bondsville.
Donald Frydryk of Sherman and Frydryk Land Surveying and Engineering was present along with the applicant Pierre St. Jacques of Jacques Construction.
M.Marciniec stated that the original hearing was held on March 23, 2009 and continued due to the fact that the 2008 area had not been properly closed out.
M.Marciniec also stated that he visited the site on April 28 with the Town Planner and the area has been properly loamed and seeded.
D.Frydryk indicated on the plan the area located in the northwest side of the 2009 operating area that the applicant would be working in.
Discussions were held regarding the existing berm that is used to control the drainage. Upon final closeout of the area the berm is to be removed as stated by D.Frydryk.
A letter dated March 16, 2009 and signed by Pierre St. Jacques was sent requesting to use a hydraulic hammer and screen for the purpose of splitting large rock on the site from March 24, 2009-November 30, 2009.
Discussions were held regarding the length of time allowed for crushing and screening and the fact that the applicant had stated that at this time his hydraulic hammer would need to be repaired before crushing can begin.
The applicant would need to send a new letter requesting to crush once his hydraulic hammer has been fixed.
A motion was made by J.Haley, Jr., to issue the earth removal permit with conditions and the new closeout area. T.Skowyra seconded. The vote passed (5:0).
7:20 PM-Custom Design Builders discussion regarding the landscape plan and retaining wall for the property located on Chamber Road, Three Rivers.
The applicant, Bill Lemon, Sr., was present and stated to the Board that the white pine trees would need to be moved to the outside of the access road.
B.Lemon provided preliminary drawings of the retaining wall for the Planning Board engineer to review.
Discussions were held regarding the drawings not having a required engineered stamp on them.
M.Marciniec stated according to Section 171.29 D.2. of the Zoning Ordinance all applications shall include plans of the property prepared by a land surveyor registered in the Commonwealth of Massachusetts. Also, the wall must be structurally sound and someone must be liable especially if the retaining wall is built to be over four feet.
L.Leduc stated that if B.Lemon provided new drawings with an engineered stamp, then our engineer would not need to review and therefore the applicant could avoid the review cost.
T.Skowyra asked if a fence would be constructed on top of the wall for safety purposes.
A motion was made by D.France to move the trees and review the plan for the retaining wall once received with an engineer (P.E.) stamp. J.Haley, Jr., seconded. The vote passed (5:0).
Letter from Riverwalk Associates-for the property located on Chudy Street and Barker Street, Three Rivers.
A letter dated April 15, 2009 and signed by Neal Geary of Riverwalk Associates, LLC was received on May 1, 2009 requesting an extension of the Special Permit. The letter also gave a timeline of events pertaining to the legal process with the abutter and the land ownership issue. L. Leduc explained that the legal process cannot be considered “substantial use” but can be determined to be “good cause”. A finding of “good cause” by the Planning Board would negate a lapse in the permit. It was discussed that use of the permit should begin within the next year or further review to consider permit lapse due to non-use will need occur by June 2, 2010.
A motion to grant the request was made was by J.Haley, Jr. N.Czech seconded. The vote passed (5:0).
Letter from Attorney James Rooney-A letter dated April 8, 2009 was received and signed by Attorney James Rooney regarding the Riverwalk Special Permit issued October 27, 2005.
A motion was made by T.Skowyra acknowledging receipt of the letter. N.Czech seconded. The vote passed (5:0).
Letter from Kenneth Golash-A letter dated April 6, 2009 and signed by Kenneth Golash Partner of GM&M Realty Trust was received regarding the Special Permit and Site Plan Approval issued for the 55 and older approved project located on Breckenridge Street, Palmer and also known as Breckenridge Heights.
The letter is requesting an extension on the project due to difficulties engineering the water pumping station for the project. L.Leduc stated that technically the request to extend the permit did not need to me made because engineering may be considered viewed as substantial use and therefore the permit cannot lapse due to non-use. The Board may find the engineering difficulties to also be “good cause” further supporting the permit extension request by Mr. Golash.
A motion was made by D.France to grant the request, with a new project completion date of May 26, 2010. N.Czech seconded. The vote passed (5:0).
Acknowledge receipt of letter from Conservation Commission-a letter dated April 8, 2009 and signed by David Johnson, Chairman, was received to support the amendment to the Transfer Development Rights Ordinance (TDR).
A motion was made by T.Skowrya acknowledging receipt of the letter. D.France seconded. The vote passed (5:0).
Acknowledge receipt of Knox Pond Construction Report # 17-dated April 7, 2009 and sent by Keith Terry of Sherman and Frydryk Land Surveying and Engineering for the property located on 1094 Thorndike Street, Palmer.
A motion was made by N.Czech acknowledging receipt of the report. D.France seconded. The vote passed (4:0:1). J.Haley, Jr., abstained.
Acknowledge receipt of the amended Quarterly Report for JJC Materials, Inc-for the gravel pit located off Park Street, Palmer.
The quarterly report dated April 15, 2009 was sent by Lycott Environmental Inc. and signed by Lee Lycott.
A motion was made by D.France acknowledging receipt of the report. N.Czech seconded. The vote passed (5:0).
Meeting Minutes of April 6, 2009-A motion was made by D.France to approve the minutes. T.Skowrya seconded. The vote passed (4:0:1). Member J.Haley, Jr., abstained.
L.Leduc stated that information is in the folders for the Board to review of a Model Bylaw for Green Development Performance Standards and a Smart Growth Water Protection Fact Sheet.
Wind Ordinance-The Board reviewed the draft version of the ordinance and discussions were held regarding the kilowatts and Met Towers permitting procedure. Attorney Michael Ciota reviewed the draft version and had provided comments to L.Leduc.
L.Leduc stated that typically the residential wind structures have up to a ten (10) KW and therefore sixty (60) KW is substantial.
L.Leduc also stated that Met Towers are portable and would stay on the site for one-year. The towers would abide by the same permitting process and standards as a permanent one.
The Board held discussions regarding the sign-off procedure needed on a building permit.
L.Leduc would make changes as discussed at the meeting and send to Attorney Michael Ciota for further review.
The Board discussed the next meetings, which will be held on June 1 and June 15.
8:15 PM-A motion was made by T.Skowyra to adjourn. D.France seconded. The vote passed (5:0).
James Haley, Jr., Clerk
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