Town of Becket - Planning Board Minutes 1/9/08

Mrs. Gale Labelle, Chairperson, opens meeting and announces that agendas are available for anyone who wishes to have one. Mrs. LaBelle states that the meeting is being held in accordance with Massachusetts General Law Chapter 40A and the By-Laws of the Town of Becket. A decision to issue a Special Permit requires a minimum of four positive votes from a five member board. Mrs. LaBelle goes on to introduce the planning board members present .

Ms. Ellen Freyman, counsel to Verizon Wireless, approaches the board. Ms. Freyman introduces herself to the board members present as well as the many members of the public present. Ms. Freyman goes on to request a withdrawal without prejudice from the planning board, stating that there has been a change in Verizon’s “build schedule” in 2008 and that Verizon would like to come back for a special permit, however is unsure when that will be. Ms. LaBelle asks Ellen Freyman if she would please contact Mark Hutchins to give him any of the information that he still may be looking for. Ms. Freyman agrees to do so.

Ms. LaBelle asks for any public input from the floor, hearing none she solicits for a motion. Martin Schlanger makes a motion to grant Verizon Wireless a withdrawal without prejudice. Mr. Robert Ronzio seconds motion; unanimous approval.

Mr. Conboy approaches the board. Mr. Conboy explains that he has had a lot of interest in his business and feels that a request for a sign is fair. Mr. LaCascia asks the applicant if this is a tenant situation and if there is any relation. Mr. Conboy states that it is a tenant situation and that there is no relation. Mr. Conboy states that there is currently a 2x8 sign and he is requesting an additional 2x8 sign to hang directly underneath. At this time, Mr. LaCascia sites section 5.1.3 in the Becket Zoning By-laws. He goes on to explain that this is a multi-tenant commercial building. Mr. LaCascia informs applicant that under this bylaw he is allowed a total of 16 feet which is already used up by the current sign.Mr. Conboy states that he thought that he would go ahead and get a sign permit in place before he actually had a tenant, however, since the notice was placed in the Berkshire Eagle, he has heard from two possible applicants.

Board members discuss the different possibilities given the current situation. Mr. LaCascia explains that Mr. Conboy is a member of the Otis Planning Board. Mr. LaCascia asks Mr. Conboy what the Otis Planning board would think about this. Mr. Conboy explains that he feels confident in speaking for the board in saying that the Otis Planning Board would be fine with it. Mr. Ronzio asks what would happen if there were to be five business’ in that same building. Mr. LaCascia asks the applicant if he would be willing to compromise the size of the current sign in order to add an additional sign. Mr. Conboy explains that a compromise would be difficult because the current size of the sign is necessary. Mr. Conboy does say that he would agree to a smaller (2 x 3 )sign if that is all he can have permission for.

At this time, Mr. LaCascia suggests to the applicant that maybe he should withdraw his application without prejudice, and when he does have the actual tenant, that tenant can come before the Planning Board to seek a special permit for his sign. Mr. Conboy agrees that would be the way to go, thus withdrawing his application, without prejudice.

Mr. Daniel Kelly, Attorney representing Mr. Buoniconti, approaches the board and introduces himself. Mr. Kelly explains that Mr. Buoniconti would like to put up a one bedroom, chalet style, A-frame home that would surely fit into the area nicely. Mr. Ronzio states that the plan submitted by the applicant is not an actual surveyed plan and that the boundary lines are not clearly marked. He explains that in the past, the board has always required a more specific boundary plan. Mr. Kelly agrees to pass this information on to his client. Mr. Ronzio makes a motion to continue the hearing until February 13^th or until Mr. Buoniconti can have a Survey done properly. Mr. Podolski seconds motion; unanimous approval.

Mr.William Cavanaugh and Mr. Doug Walter explain to the planning board members that they are in attendance this evening because they would like to discuss the storage of sand and sand piles. Mr. Cavanaugh asks the board members present , Why did this all of a sudden become an issue this year? Mr. LaCascia states that if he had known that the selectmen were planning on attending this meeting, he could have been more prepared and would have brought his notes along. Mr. LaCascia explains that the Zoning Enforcement officer was simply doing his job when he issued a seize and desist order to the owner of the premises referred to. Mr. Brownhill states that the Zoning Enforcement officer issued this order based only on a verbal complaint. Mr. Cavanaugh states that the sand pile has always been there. Mr. Ronzio disagrees.

Mr. LaCascia states that it is the Selectmen vacating the seize and desist order that is currently being discussed. Mr. Cavanaugh explains that he only asked that there would not be any citations issued specifically in regards to the storing of sand, and that he cannot discuss the business aspect of Andre’s business, instead stating that Andre would need to further discuss that. Mr. Cavanaugh states that it is not cost efficient for White Wolf to drive back and forth to Washington for sand and therefore sites that it would be a public safety hazard to disallow the sand from being stored.

Mr. Ronzio states that for the record, it was not him that made the complaint. However, explains that there is an artisan well within 100 feet of the sand pile. He goes on to explain that the sand pile is not just sand, it also contains salt and that this would certainly contaminate this nearby well. Mr. Ronzio questions who would then pay for this new well and also states that this would clearly become a DEP issue. Mr. Cavanaugh agrees that of course all sand piles do contain salt to keep the sand from freezing and that this is considered polluting, however, there is really no alternative at this time. Mr. Schlanger explains that the salt content has definitely been lessened since there has been some wells that were polluted. Mr. Ronzio explains that he attends all of the Sherwood Forest Road Maintenance meetings and that the contractor said that he would be storing the sand outside of the Forest.

Mr. Cavanaugh states that they are only asking the Zoning Enforcement Officer not to pursue these sand piles until a new, more clear, zoning bylaw can be written. Mr. Ronzio states that this can not be considered an emergency and that this topic has been discussed month after month. Mr. Cavanaugh again states that they are only asking to suspend enforcement until a new bylaw can be written.

Mr. LaCascia reads aloud from the December 5^th Selectman meeting minutes, stating that the Conservation Commission states that they will have to file for a letter of intent. Mr. LaCascia states that according to the minutes, there were two letters submitted. Mr. Cavanaugh again states that to now enforce this would create a public hazard.

Mr. John Amato, member of the public, questions whether or not a liner or anything else has been placed underneath the sand pile. Mr. Cavanaugh makes reference to the Town’s sand pile, stating that there is not a liner underneath it, as well as no elaborate fencing system around it. Mr. Ronzio states that if these things are not in place, then they are not in compliance with the state law. Ms. Lennington asks the board if the Planning Board has any authority to enforce the storage of sand in the Town. Board members respond that no, they do not have any enforcement authority.

Mr. LaCascia asks Mr. Brownhill if they have actually looked at other places to store the sand pile. Mr. Brownhill answers that yes they have and Mr. Bonney then says that he ran out of time this year and if he can just store the sand for the remaining winter months, he will have all his proper permits in place for next year.

Mr. Podolski states that if Andre Ledoux does not have a special permit for his business then he needs to come before the board, however, as far as the sand pile issue goes, he states although it was poor planning on their part, unfortunately they really have no other choice for now.

Mr. Walter and Mr LaCascia continue the discussion of the December 5^th selectman’s meeting minutes. Mr. Walter explains that he would be happy to try and help the planning board out by bringing up the fact that there are many people that are running businesses in the Town without obtaining the proper special permits, and that this is important and needs to be addressed.