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Planning Board Minutes 06/01/09
TOWN OF PALMER
    Planning Board Meeting Minutes
June 1, 2009, 7:00 pm,
Town Administration Building Meeting Room.

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-Special Permit for John Handzel of NuWay Homes Construction, Inc- to allow a different front yard setback than that otherwise currently allowed within the Suburban Residential District for the property located on 44 North Street, Three Rivers.

Attorney Mark Beglane was present and representing the applicant.  Also present were Gene Orlearczyk, Tracy Olearczyk and Jesse Pobieglo.

Attorney Beglane explained the plan to the Board and stated that the house has already been constructed.  The Building Inspector issued a building permit, however the applicant was never advised that a special permit was needed to allow the different front yard setback.

Gene Orlearczyk stated that Tracy and Jesse are eager to move into the house and are the bank is unable to approve until the Special Permit is issued.  He asked the Board if there was a faster process to allow this to happen.

The Board stated that there is a twenty-day appeal period once the special permit is issued.

A motion was made by J.Haley, Jr., to approve the Special Permit for 44 North Street.  N.Czech seconded.  The vote passed (5:0).

The applicant John Handzel arrived at 7:15 p.m.

J.Handzel stated that he was aware of the ordinance to allow a different front yard setback, but was unaware that a special permit was needed in order to do so.

Subdivision Approval Not Required (SANR)-for the property located on 2136 Baptist Hill Road and owned by Jennifer Jernigan.

A motion was made by N.Czech to approve the SANR for 2136 Baptist Hill Road.  J.Haley, Jr., seconded. The vote passed (5:0).

RDL Associates-A letter dated May 22, 2009 was sent requesting to screen at the gravel pit located on Palmer Street, Bondsville.

Discussions were held regarding the current Special Permit for Earth Removal for RDL Associates and the conditions number 4 and 5.  The conditions state that a buffer restoration plan must be submitted for approval by the Board by June 1 prior to work being allowed in Phase 2.

A buffer restoration plan has not been submitted by RDL Associates; therefore they are not incompliance with the existing permit.

The Board discussed that crushing and screening requests are allowed for the purposes of closeout only.

A motion was made by J.Haley, Jr., to send a letter to RDL Associates stating they are not authorized to screen or crush until they are incompliance with the existing permit.  N.Czech seconded.  The vote passed (5:0).

Letter from Attorney James Rooney-dated May 19, 2009 was received regarding Riverwalk Associates for the property located off Chudy Street and Barker Street, Three Rivers.

The letter states that Attorney Rooney, who is representing Julian and Virginia Zawacki of 309 Barker Street, all those entitled to notice under the statutory procedures have the right to be heard on Riverwalks request for a renewal.  Attorney Rooney also stated that any finding under Section 171-33 without following the procedures required under Section 171-32 of the Palmer Zoning Ordinance is a nullity.

L.Leduc advised the Board of the events including the amendment issued by the Board on April 30, 2007, the letter she sent dated May 13, 2009 to Attorney Rooney and the discussions that were held with Attorney Michael Ciota.

Discussions were held regarding the Zoning Ordinance Sections 171-32 and 171-33.

A motion was made by J.Haley, Jr., acknowledging receipt of the letter from Attorney James Rooney dated May 19, 2009 and the letter from the Town Planner dated May 13, 2009.  N.Czech seconded.  The vote passed (5:0).

Knox Pond Construction Report #18-the report dated May 1, 2009 was signed by Keith Terry of Sherman & Frydryk Land Surveying and Engineering.

L.Leduc stated that a compliant was received regarding the steep slopes on the site located at 1094 Thorndike Street, Palmer.  L.Leduc sent a letter stating the need to be within operating slopes.

A motion was made by N.Czech acknowledging receipt of the report.  T.Skowyra seconded.  The vote passed (4:0:1).  Member J.Haley, Jr., abstained.

Sports Car Club of America (SCCA) Stormwater Drainage Easement-was received for the Special Permit and Site Plan Approval issued on December 17, 2007 for the property located on West Ware Road.  

An easement was required per Conditions of Approval 3 of the permit that states prior to the commencement of any site work, the applicant shall provide written approval to discharge stormwater from the project site onto private property of which is owned by Nenameseck Sportmens Club.

A motion was made by N.Czech to approve the easement.  J.Haley, Jr., seconded.  The vote passed (5:0).

Meeting Minutes of May 4, 2009-A motion was made by D.France to approve the minutes.  T.Skowyra seconded.  The vote passed (5:0).

L.Leduc discussed the Federal Emergency Management Agency (FEMA) meeting to be held in the Town Building on Tuesday June 2 to review the updated flood maps for the town.

Clean Energy Plan-L.Leduc stated that the town has not signed onto the clean energy plan.  

The state of Massachusetts is the first state to sign onto the plan.  L.Leduc provided a list of other area towns that have approved the clean energy plan.  The four goals for the plan include:
  • Reducing energy use by having an energy audit performed.
  • Replacing fossil fuels that the town is currently using.
  • Reducing green house emissions of 80% by the year 2050.
  • Creating local jobs by solar installation, wind etc.
L.Leduc reviewed the Pioneer Valley Planning Commission (PVPC) letter dated May 20, 2009 for the local technical assistance plan being offered in order to help communities save money and energy.

A motion was made by J.Haley, Jr., to support the clean energy plan.  N.Czech seconded.  The vote  passed (5:0).

The Board discussed the meeting dates for the month of July to be held on July 6 and 20.

8:08 PM-A motion was made by T.Skowyra to adjourn.  N.Czech seconded.  The vote passed (5:0).


James Haley, Jr., Clerk










 
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