TOWN OF PALMER
Planning Board Meeting Minutes
June 15, 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-Knox Pond Special Permit Amendment for the property located at 1094 Thorndike Street, Palmer.
The clerk read the public hearing notice.
Member James Haley, Jr., abstained from the hearing.
The applicants Raymond Breton and Paul Les of Breton Estates Inc were present along with Donald Frydryk of Sherman and Frydryk Land Surveying and Engineering.
John Furman from Vanasse, Hangen, Brustlin, Inc. was present and representing the Planning Board.
M.Marciniec stated that there were three items that the Board would need to acknowledge they are as follows:
- The review comments from Vanasse, Hangen, Brustlin, Inc. dated June 4, 2009.
- The comments from Sherman and Frydryk dated June 15, 2009.
- The Knox Pond Construction Report dated June 1, 2009.
A motion was made by T.Skowyra acknowledging all three of the documents. N.Czech seconded. The vote passed (4:0).
M.Marciniec advised that there was a second public hearing scheduled for 7:15 p.m. pertaining to non-commercial earth removal for Bradford and Theresa Cutty whose property is located at 1114 Thorndike Street, Palmer. This application was received due to the fact that Breton Estates would be removing earth from the Cutty property that is abutting the Knox Pond site.
D.Frydryk stated that the applicants are seeking an amendment for modification of the Phase 2 Grading Plan and the relocation of the proposed entrance on Thorndike Street.
Discussions were held regarding the time line of the phasing for the project and the limits of work for the Cutty property.
R.Breton stated that due to the economy the Knox Pond project has not been progressing according to the timelines previously submitted to the Board from the original permit issued on January 20, 2007.
D.Frydryk stated that once the access onto Thorndike Street is completed, Squire Street would be used emergency vehicle access only.
D.Frydryk advised that the proposal for each phase would consist of: Phase I completed with 183,000 cubic yards removed, Phase II 15-18 months with 214, 000 cubic yards removed and Phase III 6-12 months with 112,000 cubic yards removed. These new amounts equal a total of 509,000 cubic yards to be removed.
D.Frydryk stated that they are proposing a shift in the entrance to south, which represents a difference of 30-40% from the original.
Discussions were held regarding the excavation onto the Cutty property.
D.Frydryk stated that the proposal for the Cutty property would have one drywell and an open basin.
M.Marciniec asked what the timeline would be for the basin.
D.Frydryk stated that the basin would be during Phase 2 operations.
Discussions were held regarding the vegetation near the road that would be removed immediately, however the trees on left side of driveway would be removed during
Phase III.
M.Marciniec asked about the finished grade of the permanent entrance and the existing grade at the same location.
D.Frydryk stated that the final grade would be three-feet lower with the material that would be used to construct the final entrance.
M.Marciniec asked about the timeline for the installation of the waterline.
D.Frydryk stated that R.Breton had made a request to the Palmer Water district for an extension to the original timeline of the waterline. Therefore the waterline would be constructed within Phase II prior to the buildings being constructed.
M.Marciniec stated that according to the original permit issued by the Board, Squire Street would be used for residential traffic and with the new proposal of this street to be used for just emergency access; this would be added to the amended permit.
Discussions were held regarding the temporary closeout of Phase I and allowing the applicant to use wood chips in this area.
M.Marciniec asked if they are proposing plantings or a buffer plan along Squire Street.
D.Frdyryk stated that a buffer plan was in the original submission and that anything along the buffer area would be removed.
M.Marciniec asked for the timeline for the buffer area to be constructed.
D.Frydryk stated that it would take two-years before the final grading and the completion of Phase I.
D.Frydryk reviewed the VHB comments with the Board.
The VHB comments stated that the initial application provided a series for drywells to capture, treat and dispose of collected stormwater with an amendment of an enhanced treatment drain, which added a shallow infiltration basin along the entrance roadway. The initial design, which provided less capacity for infiltration, was adequate for the drainage area it served, however the new design provides additional capacity over what was originally approved and treats the same drainage area as stated by J.Furman.
Also discussed were the conditions of the existing permit for Knox Pond.
The test pits will be done prior to the construction of the buildings.
Discussions were held pertaining to the arborist report as stated in the existing permit under condition fourteen (14).
D.Frydryk stated that the Department of Environmental Protection does not require a sewer extension permit of projects that have less than 15,000 gallons a day. This project is currently proposing 13,400 gallons a day and therefore this condition would need to be removed from the original permit.
The applicants would need to apply tags to the diseased trees prior to the removal of them.
Jim Amann, Superintendent of the Palmer Water District, was present and stated that the revised water proposal indicated that the fire-flow capacity would be met and the new proposal would be beneficial.
Geraldine Slowick, whose property is located on 55 Buckland Street, asked when the buildings would be constructed.
R.Breton stated that due to the economy, the buildings would not be constructed until the market changes.
Joseph Slowick, 55 Buckland Street, stated that dust is a concern, however the pond has not been affected. The faces are too steep on the site and he asked the Board to consider having the applicant file for an earth removal permit due to the amount of gravel that has been and is proposed to be removed.
M.Marciniec stated that the applicant is allowed to remove earth under the existing Special Permit. Also, a letter was sent to R,Breton regarding the complaint that was received for the steep slopes on the site.
Ray Remillard, whose property is located on 45 Squire Street, stated that under the original Special Permit, the applicant committed to specific timelines and those timelines have not been met. The site is turning into a gravel operation. There is no landscape near the turnpike, due to the trees that have been removed; therefore the abutters are able to hear the turnpike traffic.
Walt Haggerty, whose property is located on 12 Vernon Street, asked if the perimeter of the grading is the same on all sides and what is the depth.
D.Frydryk stated that the grading is the same as the original plan but does vary all around the site.
W.Haggarty also asked about the property located across the turnpike and if the applicant or the Board has taken into consideration the widening of Thorndike Street if a casino is proposed.
The Board stated that the property across from the turnpike is privately owned, there is no proposal for widening the street and the town does not have the money to pay the abutters for their land.
Daniel Pear, of 35 Longview Street, asked what would be left of the natural vegetation. Also, there needs to be more dust control on the site.
M.Marciniec stated that the applicant would need to provide a plan indicating the timeline and stabilization of Phase I. The Board would allow the use of four inches of wood chips to stabilize the area.
R.Remillard asked if the Board has considered leaving the padded areas open for the buildings but doing the proposed development around it.
M.Marciniec stated that they could, however the grade would have to be cut ten feet down. The trees would have to be removed in the area to be put to the proper grade.
Discussions were held regarding the proposal of removing trees along the pond and the finished grading.
L.Leduc stated that all earth removal on site must abide by the Town of Palmer Rules and Regulations and this would be added as a condition on the amended permit.
A motion was made by N.Czech to continue the hearing to July 6 at 7:00 p.m. T.Skowyra seconded. The vote passed (4:0).
The applicant would need to provide a new plan showing Phase I with closeout and a new timeline.
8:30 PM-Bradford Cutty-Special Permit and Site Plan Approval for the non-commercial earth products excavation for the property located on 1114 Thorndike Street, Palmer.
The applicants Bradford and Theresa Cutty were present along with their engineer Donald Frydryk of Sherman and Frydryk Land Surveying and Engineering.
The clerk read the public hearing notice.
Member James Haley, Jr., was not present for the hearing.
D.Frydryk stated that there is approximately 1,300 cubic yards of material to be removed and the applicant had submitted a stormwater application.
D.Frydryk stated that the applicant respectfully requests a waiver to the Landscape plan Section 171-29.D4.h.1.
The disturbed area will be loamed and seeded and the Board determined that a waiver is not needed.
D.Frydryk also stated that the applicant respectfully requests a waiver to Section 171.73.C.3.c.5 for the fifty (50) foot vegetated buffer and the one hundred fifty (150) foot building buffer.
John Furman of VHB stated that the area impacted does not apply to the stormwater ordinance due to the fact that they are just changing the grade elevation to flow to the new basin.
Ray Remillard asked if the applicant would need to have a permit from the Conservation Commission.
D.Frydryk stated that if the applicant were working within the jurisdictional area of the local wetland bylaw, then an application would be filed.
The applicant would need to contact the PCC since it is not the jurisdiction of the Planning Board.
A motion was made by N.Czech to waive the fifty foot (50) buffer requirement and the performance guarantee. T.Skowyra seconded. The vote passed (4:0).
A motion was made by T.Skowyra to issue the permit for non-commercial earth products excavation for the property located on 1114 Thorndike Street, Palmer. D.France seconded. The vote passed (4:0).
8:55 PM-Member James Haley, Jr., joined the meeting.
8:55 PM-Kortekamp Construction Special Permit-to allow a different front yard set back than that otherwise currently allowed within the Town Residential District for the property located on 3012-3014 Pine Street, Bondsville.
The applicant was not present therefore the hearing has been continued to July 6, 2009 at 7:15 PM.
RDL Associates request to screen at the gravel pit located on Palmer Street, Bondsville.
A letter dated June 8, 2009 was received from Mark Gomes, Manager of RDL Associates, Inc requesting to be allowed to screen for the purpose of closeout to the westerly side of cell 1 for the time frame of June 16-July 2, 2009.
Mark Gomes of RDL Associates was present and stated that Phase I continues to be in operation.
M.Gomes stated that he would use the existing loam pile to closeout the westerly area and has not moved into Phase 2 yet.
The Board determined that Phase I would need to be closed out by November 1, 2009 or before extending more than fifty feet into Phase 2.
A motion was made to approve the amendment to plan and allow the applicant to screen from June 16 to July 2, 2009. J.Haley, Jr., seconded. The vote passed (5:0).
SANR-Subdivision Approval Not Required for the property known as Parcel C located off Park Street.
The applicant JJC Materials provided the SANR plan, however it was determined that the wrong zone was indicated on the plan dated June 4, 2009.
A motion was made by J.Haley, Jr., to deny the SANR for JJC Materials. N.Czech seconded. The vote passed (5:0).
SANR-Subdivision Approval Not Required for JJC Materials-due to the fact that the wrong zone was indicated on the above referenced plan, a new plan dated June 12, 2009 was submitted to the Board.
A motion was made by N.Czech to approve the SANR for JJC Materials located off Park Street. J.Haley, Jr., seconded. The vote passed (5:0).
Meeting Minutes of June 1, 2009-A motion was made by D.France to approve the minutes. N.Czech seconded. The vote passed (5:0).
Quarterly Report for JT Brown for the property located on Ware Road, Palmer. The report dated May 29, 2009 was received from Robert LeMaitre, Civil Engineer and Land Surveyor.
A motion was made by N.Czech acknowledging receipt of the quarterly report. J.Haley, Jr., seconded. The vote passed (5:0).
A letter from Blake Lamothe dated June 9, 2009 was received for the property located on 1294 South Main Street, Palmer.
The letter is requesting an extension of the completion date for the Bed and Breakfast SP-SPA2006-02.
A motion was made by N.Czech to grant a new completion date for 1294 S.Main Street to June 30, 2010. T.Skowyra seconded. The vote passed (5:0).
A letter dated June 3, 2009 was forwarded to the Board from the Department of Environmental Protection (DEP) due to unstable site conditions at the Burleigh Estates Subdivision located on Katie Lane and Old Warren Road, Palmer.
A motion was made by N.Czech acknowledging receipt of the letter from DEP. D.France seconded. The vote passed (5:0).
A letter dated June 8, 2009 was received from WRT Management Corp. for the Burleigh Estates Subdivision requesting a one-year extension of the completion date.
A motion was made by D.France to grant a one-year extension for Burleigh Estates Subdivison with a new completion date of June 30, 2010. J.Haley, Jr., seconded. The vote passed (5:0).
A letter from Attorney James Rooney dated June 11, 2009 was forwarded to the Board regarding tractor-trailers using the Kmart parking lot located on Wilbraham Street as a truck and rest stop.
A motion was made by J.Haley, Jr., acknowledging receipt of the letter from Attorney James Rooney. N.Czech seconded. The vote passed (5:0).
9:27 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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