Chairman: William Manter
Members Present: Richard Baker, Ralph Viscomi, Laurie Levy, Kim Ames
Members Absent: None
Recorder: Melanie Rich
The meeting was called to order at 7:30 p.m.
Mr. Baker made a motion to approve the October 3, 2011 Meeting Minutes as amended; Ms. Levy seconded the motion. All in favor; none opposed; motion approved.
Public Hearing – W.A. Masiello, LLC (Special Permit Application) – James Tetreault (Thompson-Liston) was present as well as Mr. Masiello. Return receipts from the mailings were submitted. Mr. Tetreault stated that he has spoken with the Building Inspector and wishes to pursue the public hearing for a special permit. Mr. Baker questioned whether a special permit is required. Mr. Tetreault read 4.02.03 of the Zoning Bylaw which states “office of a resident doctor...” which he interprets as requiring a special permit. Mr. Baker said that “resident” would be the key word. Since Mr. Masiello will not be residing in the building, the use would be allowed by right. The lot is nonconforming. The question arose as to whether a
variance is required. Mr. Baker read sections from a summary of the Zoning Act regarding owner’s vested rights and suggested the applicant apply to the ZBA for a variance. Mr. Baker reminded members that zoning determinations are under the authority of the ZBA, not the Planning Board. Daniel Holme (54 Main Street) was present to ask questions of Mr. Masiello. Mr. Masiello stated that no work will be done on site. It will be used as additional office space for his adjacent business. Mr. Manter opened the public hearing for the special permit at 7:50 p.m. at which time the applicant requested a continuance to the December meeting. Mr. Baker motioned to accept the request for continuance; Ms. Levy seconded. All in favor; none opposed. The hearing will be continued at 8:00 p.m. on December 5th.
W. A. Masiello, LLC (Site Plan Approval) – James Tetreault (Thompson-Liston) and Mr. Masiello were present. Mr. Baker explained the difference between a special permit and site plan approval, in that a special permit is required to allow a given use and site plan approval regulates a use that is allowed either by right or by special permit. Mr. Tetreault requested the board to waive the technical engineering requirements of the plan since there are no proposed changes to the physical nature of the site. He also requested that the review fees be waived. Parking was discussed and determined to be adequate. Mr. Baker was satisfied with Mr. Tetreault’s explanation concerning future paving and runoff and, should it occur, how it would be remediated. Mr. Baker
made a motion to grant the applicant’s request to waive the technical requirements and accept the plan as being adequate; Ms. Levy seconded. All in favor; none opposed. Mr. Baker made a motion to accept $250 as the application fee for site plan review; Ms. Levy seconded. All in favor; none opposed. Ms. Levy made a motion to approve the site plan with the condition that the lot nonconformance and possible need for a special permit be brought to the attention of the Building Inspector; Mr. Viscomi seconded. All in favor; none opposed.
Shrewsbury Homes – 199 Sewall Street (ANR Plan) – Mr. Aspero was in attendance. Parcel C shown on the plan will be combined with Parcel D. After a brief discussion, the following findings were suggested: The application refers to the “Plan of Land of 199 Sewall Street in Boylston MA”; lots 1, 2 and 3 as shown have 150’ of frontage and in excess of 30,000 square feet of area; the land is located in the Residential Zone. Mr. Baker made a motion to accept the findings, approve the plan and authorize the clerk to endorse. Ms. Levy seconded; all in favor; none opposed.
Shrewsbury Homes – Redwood Circle Completion (Informal Discussion) – This project is a limited impact development project. Mr. Aspero would like to put down the top coat, install the lot line monuments, and prepare the as-built plan. There is one rain garden that is not yet installed. Mr. Aspero explained rain gardens and how they work. The plan calls for easements to be marked by pins (raised 3/4” rebar) which Mr. Aspero feels are a safety concern in resident’s yards. He is asking the board for relief from the requirement to install the easement pins. He also said that there are covenants in place in the event the location of the easements were questioned in the future. Mr. Aspero said the Homeowner’s Association maintains the rain
gardens in the streets, and property owners maintain the ones that are on their property. Mr. Viscomi made a motion to waive the requirement for the raised rebar pins on the rain garden and conservation easements; Ms. Levy seconded. All in favor; none opposed. Mr. Baker made a motion to authorize Mike Andrade to provide a surety estimate after the top paving coat is laid and to authorize the chairman to instruct the Treasurer to release all excess funds; Mr. Viscomi seconded. All in favor; none opposed.
Phoenix Communications – 313 Main Street (Site Plan Approval Application) – WITHDRAWN. Mr. Manter will contact Kelly Cardoza to express the board’s disappointment and to inform her that after all invoices associated with the project are paid, the board will authorize the release of the remaining application fees.
Farooq Ansari (Longley Hill) – Mr. Ansari was before the board to request he be allowed to use HDP pipe in place of RCP for the drainage per his email dated November 2nd. This request will be forwarded to Mike Andrade for his opinion.
The meeting was adjourned at 9:15 p.m.
Meeting Materials:
1. Special Permit Application (Masiello) on file
2. Site Plan Approval Application (Masiello) on file
3. ANR Plan (Shrewsbury Homes) on file
4. Longley Hill email dated November 2, 2011 from DeveloperRE (Farooq Ansari)
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