MINUTES OF MEETING
June 3, 2009
Present: Chairman, Frank Palange, Vice-Chairman, Aldo Bertera, Secretary Katie Harrington, Will Reichelt, Jose Irizarry and Alternate Jill Fortier.
The Chairman called the meeting to order at 7:00 p.m.
Aldo and Frank recused themselves from the hearing due to a business conflict. Katie took over the hearing as Chairman.
1. Public Hearings
7:00 p.m. (7:02 p.m.) – YGP LLC (Site Plan Review) – Site Plan for the construction of a new car dealership (Balise Honda) at the property located at 400 Riverdale Street (parcel bound by Riverdale Street, Larone Avenue, Elm Street and Eldridge Avenue) in the Business A (BA) zoning district. Continued from 5/20/09.
Ms. Kim Masiuk, Senior Engineer for Associated Builders came forward representing the applicant, YGP, LLC. She introduced owner, Jeb Balise, and traffic engineer, Steve Savaria from Fuss and O’Neil.
Ms. Masiuk said they are seeking approval to add to the existing building on the site for a new Balise Honda dealership. She explained the plan is the same as was submitted for the zone change. They have filed for several state permits. The ENF review found no significant impacts and no further review was required. They will need a permit from Mass Highway for work in the state right of way with some minor signage changes. They have received Conservation Commission approval and they have been working with town departments related to the Planning Board’s review.
Ms. Masiuk reviewed the existing site conditions on the plan and discussed some key improvements that would be made to the site. Currently, there is no storm water management system on the site. A system has been designed to treat, retain, and recharge the run off. A non-conforming annex off the side of the building would be removed aiding the traffic circulation around the site and on the street. There will be a separate entrance and exit off of Riverdale, which would be separated by a grassed island to allow easy access off Riverdale Street without creating a traffic issue. Schaeffer Way would be gated off and used only for emergency access to the site. Eldridge Avenue will become one way out from Elm Street to Riverdale Street. There is an
intensive pollution plan that keeps with the storm water management system and an expanded security and lighting plan. 98 trees will be added, 532 shrubs and new sidewalks all around the building and on Riverdale Street for pedestrian safety. Paving has been pushed far away from the Piper Brook and services in the area near the brook have been reduced.
Katie asked for comments from the Board. Katie asked if there were industry standards for the detention basin being below the basement? Ms. Masiuk said the guidelines are being above ground water by two feet with the bottom of the infiltration system. The basin is located down gradient of the basement with impervious sides.
Jose asked if sidewalks would be on the road from Larone to Riverdale. Ms. Masiuk said the sidewalks would be improved on Larone Avenue.
Katie asked for comments from the audience.
Tina Giachello from Elm Street Tudor Village Condominiums asked about the access between Elm Street and Riverdale Street via Eldridge. Ms. Masiuk said they are making their access drive to Eldridge one-way for safety purposes because of the dangerous intersection with limited site distance.
Tracy Michael of 57 Eldridge Avenue asked what material the sidewalks would be constructed from and if they plan to resurface Eldridge because it is in disrepair. Ms. Masiuk said the sidewalks would be concrete and they have no plans to resurface the roadway.
John Hammond of 1022 Amostown Road asked about the environmental impacts on the habitat displacement in that area. Ms. Masiuk said the environmental impact study was conducted and examined by the state looking for rare species and habitat mapping and none falls within this area. Mr. Hammond asked when the trees would be taken down and Mr. Balise said it would be late fall.
Mr. David Katz, Chairman of the Commission on Disabilities said the Commission approves of the plan because people with disabilities will be serviced with sliding doors and the required number of handicap spots. The Commission reviewed the plans this evening and they are in favor of the project and especially the sidewalk improvements. Mr. Katz noted, as a private citizen of Elm Street, that he has lived in that area for 38 years and he feels this a good project.
Katie asked Ms. Masiuk to explain the boulevard style entrance off Riverdale and Ms. Masiuk explained the right turn in off Riverdale and right out with a grassed island in the middle. It eases the traffic flow off Riverdale where cars do not have to make a complete stop to enter the site.
Jose asked who is responsible for the upkeep of Eldridge Avenue? Ms. Masiuk said it is a public way under the jurisdiction of the Town. Ms. Masiuk noted that Mass Highway has given verbal approval of the project with conditions and that written approval would be forthcoming. They requested one change for signage for exiting the site as a “Right Turn Only”. They are continuing to work with Springfield Water and Sewer; not for an approval per sea, but they will receive some form of a letter from them.
Ms. Masiuk said the existing shade trees will be protected using best construction practices. Silt fencing would be used to protect against damage from equipment. Ms. Masiuk noted the landscape architect stakes out the construction fencing so not to touch the trees while moving the earth.
Katie asked for additional comments from the audience. No comments followed.
Jose moved to close the public hearing; Will second. UAV.
Will moved to approve the site plan application as in the draft decision; discussion: Richard said the applicant and owner have been diligent in meeting the Town’s requests. Katie added as a condition for approval, the receipt of conditional approval from Mass Highway and Springfield Water and Sewer; Jose second. UAV.
Aldo and Frank rejoined the meeting at 7:50 p.m. The Board recessed for five minutes. The meeting resumed at 7:55 p.m.
2. Acceptance of Minutes
Aldo moved to accept the minutes of May 20, 2009, as presented; Katie second. UAV.
3. Action Items
a. Ordinance Amendments – Richard said the planned presentation on the lot width regulations could not be presented due to technical difficulties with the computer. Katie moved to table the presentation to the next meeting; Will second. UAV.
b. Subdivision Regulations – No report.
4. Approval Not Required
Hewitt Street – Richard explained the subdivision plan for three lots on Hewitt Street, owned by the Kane family in a Residence A-1 zoning district. The two outside lots do not comply with zoning. They are conveying property off the middle to the two outside lots to bring the property within the regulations for the minimum lot width requirement of 150 feet. This will correct an on-going issue and allow the third lot to be developed.
Katie moved to approve the ANR as presented; Will second. UAV.
5. New/Old Business
a. Site Plan Review – Price Rite has requested the Planning Board waive a public hearing for an 8,000 square foot addition to the rear of the structure to be used as storage space. This will not generate any additional traffic or encroach on existing parking spaces. The addition will go through administrative site plan review with the town departments. The Board discussed the plan and if there should be a public hearing. Richard said they plan to overhaul the interior of the structure as part of this project.
Katie moved to exempt Price Rite from a public hearing for the 8,000 square foot addition; Will second. UAV.
b. Subdivision Review – Griffin Estates would like a reduction in their bond and Richard emailed the Board and the applicant the recommendation from the DPW. DPW reviewed and submitted and itemized list and requested a minimum of 33,600 dollars be retained for the project.
Katie questioned whether or not the Board would need to hear from the applicant or if this was a matter between Mr. Griffin and the DPW. Mr. Griffin said some things still need to be done, but the figures are not in agreement with the original bond that was posted. 15,000 dollars for long-term maintenance of topcoat is outrageous, there is nothing in the Town Ordinance that states the town can hold a bond for the top course. Frank noted the town would like to hold the money because the subdivision is not complete yet, you cannot compare that to a street that is finished. Zed continued that he is only asking for what he has done and for money the town is holding. Last year he requested the tree belts be refunded and the DPW contested that. There will
be no damage to the roadway. He sited Hannoush Drive as an example of a road completed and the subdivision still under construction. Richard said the issue is the final course is done, but the project is not complete. Hannoush has closed out their project and if the roadway damaged, then they would have to pay for repairs to be completed. The roadway at Griffin Estates is private and DPW wants to hold the bond in case damage is done or in case the project is abandoned, then the Town has the money to repair it. Mr. Griffin said it is not in the ordinance to hold money for maintenance.
Frank asked Richard what would happen if the project is closed out tomorrow? Richard said all items on the list would have to be completed and then close the project and return all money in the bond to the applicant.
Katie said to Mr. Griffin that he owns the road now and the bottom of the hill is not developed, this is a private way and he could stop and leave the project and get his money back, but as long as work is being done on the road the Town wants to hold the money in case the road needs to be repaired.
Frank asked if the storm drain was on the approved plan? Mr. Griffin said no one said anything about the drain for two years. He did what the DPW wanted to repair it and now it would be a job to repair that area and make a weak link in the brand new road.
Katie asked if it was standard practice to pave the way he did? Mr. Griffin said he worked with DPW on the whole thing. Katie asked if it was standard practice to put the final coat down? Frank said he felt a representative from the DPW should be in attendance because the Board is only hearing one side of the story. Katie said she would be willing to release 27,400 dollars and willing to hear from the applicant’s lawyer, or DPW and build a case for the discrepancy. Mr. Griffin said he would like the bond released in large increments, if he could get the 27,000 dollars released now, he would be willing to meet with the DPW and hammer out the issues.
Jill asked how long would it take to complete the items on the list? Mr. Griffin said he agrees with most of the list, but holding the 15,000 dollars for a road that would not be damaged was ridiculous. Aldo said the town wants the project to be substantially finished before the final paving is done. It is not usual to put the finish coat on before a subdivision is complete.
Jose said he would like to hear from the DPW to make a decision, the Board needs more facts.
Frank asked for comments from the audience. Mr. Griffin said he is not willing to raise the manhole on Piper Road.
Katie moved to approve the release of $27,400 from the Bond; Will second. UAV.
c. Board of Appeals – Richard said the next meeting would be held on Monday, June 22, 2009. There are three items on the agenda.
d. Other Business – Richard said the FEMA maps are being updated and flood zone areas are changing considerably based on if our levy system is certified or decertified. More land is incorporated as being in the 100-year flood zone areas. There would be public notice by FEMA regarding these new plans. This would be a year and a half process to get through until the new plans take effect.
Rick said he would request a DPW representative be at the next meeting involving Zed Griffin. Frank said if Zed is here we should have a representative from DPW. Anytime someone comes and the DPW has issues, they should be here to represent their side. It was decided that in the future, if there is a dispute related to a performance bond, then a representative of the DPW should attend the board meeting.
Rick said in 19 years working with the DPW, Mr. Griffin is the only developer who has had a dispute with them regarding the release of bond money. We are currently holding 160,000 dollars on Canterbury Woods and that is almost complete. Zed did not respond back to the town that he had a concern with the memo from DPW.
6. Date of Next Meeting
The next regularly scheduled meeting of the Board will be held on Wednesday,
June 17, 2009.
7. Adjournment
Katie moved to adjourn the meeting at 8:50 p.m.; Will second. UAV.
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Katie Harrington, Secretary
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