REPORT: PLANNING BOARD MEETING (12/4/19)

PRESENT: Christine Gray-Mullen (Chair), Jack Jemsek, Maria Chao, Michael Birtwistle, David Levenstein, Janet McGowan  Staff: Chris Brestrup (Town Planner) and Pamela Field Sadler (Assistant)

Highlights

• Set additional conditions for a proposed marijuana-growing facility on Belchertown Road
  
  
• Allowed Bank of America (BOA) to withdraw without prejudice its proposal for new lighting at its ATM at 360 College Street and set conditions for restoration of the parking lot there to its original condition including removal of unapproved modifications made by BOA
  
  
• Considered challenges associated with creating a new Master Plan

The meeting was called to order at 7:05 p.m. Several outstanding public hearings were discussed. 

Enterprise Rent-a-Car
The first was an application by Enterprise Rent-a-Car, 213 College Street, to install a shelter behind its current building to permit vacuuming and cleaning cars in inclement weather. The tube-framed shelter would be anchored to the base of the building at three corners. It would not be visible from the street. Cars would continue to be washed off-site, meaning there would be no additional water run-off. There were few concerns about this proposal, which passed unanimously.

Riverside Organics Marijuana Facility
Discussion continued regarding Riverside Organics’ proposal for a marijuana growing- micro-business at 555 Belchertown Road. This is the first marijuana cultivation project in the town and there are many aspects for the Planning Board to consider. Owner Jonathan Gurfein reviewed the materials he submitted on a flash drive at the last meeting. These included standard operating procedures, a diversity hiring plan, and pest and mold control. 

Wastewater control was also addressed. When Gurfein purchased the property, he said, he was told that it was connected to the town’s sewer system. However, he subsequently learned that it had a septic system. Connection to the sewer would be difficult and expensive since the neighboring owner is not in support of the project and the next closest possible hook up would be uphill on Belchertown Road. Since Gurfein paid cash for the property, a Title 5 septic inspection was not required earlier. It is, however, required by the Planning Board for an occupancy permit, and it cannot be done before spring. Also, greenhouse runoff is not allowed in septic systems, only in a sewer or in a “tight tank.” Gurfein plans to install a 1,500-gallon tight tank but intends to recycle most of the moisture. 

Although no pesticides or chemicals will be used in the operation, carbon dioxide will be used to promote plant growth. Mike Roy from the Fire Department recommended installing an oxygen monitor for the safety of the employees. 

The board briefly discussed 24 draft conditions that must be met before approval is given. Most of them come from requirements for retail marijuana operations and might not apply to this project because, for instance, there will be minimal traffic and only two or three employees. State laws will regulate any licensing for change of ownership. The greenhouse will be outfitted with a light-deprivation cover so that light will not be visible from outside after dark. As with other projects, the owner must file an annual report to the Planning Board.

Gray-Mullen apologized for the delays in approving this project, explaining that it was a new area for the board and that there are few examples in neighboring towns. She thanked Gurfein for his cooperation and patience, and said the board hopes to finalize the proposal at its next meeting on December 18.

Bank of America Lighting
The most contentious discussion was over the request by Bank of America to withdraw without prejudice its application for new light posts at its ATM at 360 College Street. This had first been proposed in July and continued through several other meetings. When the issue was first brought to the Planning Board, bulky cement bases had already been installed, taking up much of the parking lot. It appeared that the company did not realize that it needed to go to the Planning Board after obtaining an electrical permit. The bank now proposes to upgrade lighting under the eaves and to add four new wall packs to the building. This only requires approval by the Building Commissioner. 

Birtwistle objected to the withdrawal without prejudice and offered a motion to deny the request. He said he felt that the bank acted poorly by not first obtaining Planning Board permission to install the light bollards (concrete bases) and then not supplying the requested information on the specifics of the lighting. This motion took up much of the board’s time. If withdrawing without prejudice was denied it would mean that the bank could not return with a similar plan for at least two years. After much discussion in which most of the board agreed that the proposal was mishandled, Birtwistle’s motion was defeated 5 to 1 (with Birtwistle voting in the affirmative). It was agreed that the permit application be withdrawn without prejudice, with the stipulation that the bank remove the concrete bollards and restore the parking lot to its original condition by May 1, 2020. Birtwistle noted that the bollards interfere with snow plowing. Gray-Mullen suggested that the Building Commissioner require another lighting wall pack near the west end of the building.

Master Plan
According to Gray-Mullen, the Commonwealth and the Town require the Planning Board to create a new Master Plan or update the old one. However, the procedures for formulating and approving it are vague. The Planning Board received a letter from Community Resources Committee Chair Mandi-Jo Hanneke proposing a process for the two committees to communicate before taking a Master Plan to the entire Town Council. Chao and Levenstein expressed confusion over what the actual process would be. Hanneke and Assistant Town Manager David Ziomek will come to the December 18 Planning Board Meeting at 8 p.m. to discuss the process and answer questions.

The last version of the Master Plan was passed by the Planning Board in 2010 after a committee of more than 20 citizens participated in its formulation over two years. Many aspects of the plan are outdated with the new government structure, recent traffic and parking studies, new sustainable energy goals, new populations statistics and the housing plan. Brestrup agreed to flag areas of the plan that need updating and encouraged Planning Board members to submit suggestions to her.

Zoning Subcommittee
In other business, the Zoning Subcommittee began discussions on zoning for mixed use buildings, supplemental dwellings, and the number of Planning Board votes needed to approve zoning changes.

Jemsek reported that the Pioneer Valley Planning Commission’s next meeting is on December 12, and that discussion of 40R zoning will probably be on the agenda

The meeting adjourned at 9:41 p.m.