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Planning Board Meeting Minutes 06/04/2012
Chairman:                    William Manter

Members Present:        Richard Baker, Ralph Viscomi, Kim Ames, Michael May

Alternate Present:        Laurie Levy

Members Absent:          None

Recorder:                      Melanie Rich

The meeting was called to order at 7:00 p.m.

Mr. Baker made a motion to approve the May 8, 2012 Meeting Minutes as amended per discussion; Mr. Viscomi seconded the motion.  Mr. Manter, Mr. Baker, Mr. Viscomi & Ms. Ames were all in favor.  Mr. May abstained.  

Election of Officers, CMRPC Delegates, ERB Representative – Mr. Viscomi made a motion to nominate and elect Mr. Manter for Chairman; Mr. Baker seconded. All voted in favor, none opposed; motion approved.  Mr. Viscomi motioned to nominate and elect Mr. Baker as Vice Chairman; Ms. Ames seconded; all in favor; motion approved.  Mr. Baker motioned to nominate Mr. Viscomi for Clerk; Ms. Ames seconded; all agreed; motion approved.  Mr. Baker motioned to nominate Ms. Ames as the representative to the Earth Removal Board; Mr. Viscomi seconded; all agreed; motion approved.  Mr. Viscomi made a motion that Mr. Baker remain as the Planning Board delegate for the CMRPC and that Howard Drobner be recommended to the Selectmen as the Town's alternate delegate; Ms. Ames seconded; all in favor; motion approved.  A letter will be sent to the Selectmen with the recommendation.

Compass Pointe (Bond Status; Covenant Agreement; Invoices) – Town Counsel is continuing to work on the covenant.  With regard to outstanding invoices due to insufficient funds in the peer review account, Section 8.2.4 of the Subdivision Rules states that “when the balance in the applicant’s 593 account falls below twenty-five percent (25%) of the initial Project Review Fee…., the Planning Board shall consider whether to require a supplemental Project Review Fee to cover the remaining project review and other attendant costs still to come.”  Mr. Baker made a motion that the developer of Compass Pointe be asked to replenish the project review account to $2,500.00; Mr. Viscomi seconded.  All in favor; none opposed; motion approved.  A letter will be sent to Mr. Venincasa.

ANR Plan (portion of Rocky Pond Community Forest, Land off Ball Street in Northborough) New England Forestry Foundation – Whitney Beal (New England Forestry Foundation) was present.  He explained that part of the land was in Northborough and part in Boylston. Mr. Baker asked about the frontage on Rocky Pond Road.  Mr. Beal pointed out the indicated frontage on the plan.  Mr. Baker said that the board should concern itself only with lots taking their frontage in Boylston.  Mr. Baker made a motion to approve the ANR Plan entitled “Plan of Land in Northborough & Boylston Massachusetts” and to authorizes the clerk to endorse.  Mr. Viscomi seconded.  All in favor; none opposed; motion approved.  Mr. Beal will take all copies to the Northborough Planning Board meeting and return four signed copies to the Boylston office after that meeting.

Subdivision Rules & Regulations – Discussion was tabled until later in the meeting.

Public Hearing (continued) – Special Permit Application (Verizon) 599 Main Street – Mr. Manter informed those present that a letter requesting an extension and a continuation of the hearing until August was received from Attorney Klasnick.  In addition, a letter regarding alternate sites was also received from Attorney Klasnick.  Mr. Baker made a motion to accept the applicant’s request to extend the decision deadline to August 31, 2012 and to continue the hearing to August 6, 2012 at 8:00 p.m. at Hillside; Ms. Ames seconded the motion.  Mr. Viscomi asked if by continuing the hearing the board was relinquishing its rights to challenge Verizon's contention of a significant coverage gap.  Mr. Baker stated that board should be prepared to render a decision at the August meeting unless a special meeting were called for that purpose.

Mr. Richard (632 Main Street) asked why the board would consider an extension into prime vacation time.  He felt strongly that the board should vote on 599 Main Street this evening and let the decision stand on its own merits.  He also questioned why the Verizon representatives were not present.

Mr. Manter said Mr. Klasnick asked if he should attend, and Mr. Manter told him he didn’t feel it was necessary for him to be present.  Mr. Richard asked if Mr. Klasnicks’s time was more important that his.  He further said he has attended Planning Board meetings repeatedly, and he again encouraged the board to vote on 599 Main Street.

Mr. Baker reminded the audience that the hearing had not been called to order and asked that additional comments regarding the cell tower be held until the August meeting.

Mr. MacNeil (22 Woodland Drive) was recognized.  He stated that he is acting as a liaison between Verizon and private property owners and would like to update the Board on new information.  He stated that Verizon is no longer pursuing 599 Main Street and that Verizon engineers had told him that either of two alternate locations on Apron Hill would be satisfactory and that they wanted to do what’s best for the community.  Mr. MacNeil also said he spoke with the author of the Army Corps of Engineers cell tower icing report regarding the calculations.  He said a distance of 235’ between the tower and public access would be needed for 599 Main Street.  

Mr. Baker again asked that the floor be closed to additional comments and that audience members wait until the August continuance to contribute new information to the hearing.

Mr. Manter said that Town Counsel had advised the board to send a letter to the Board of Selectmen inquiring about alternative sites.  

Clifford Derderian (79 Oak Hill Lane) asked the board to help solve the lack of adequate cell phone service in his Linden Street neighborhood.  He said he has a “CC plan” with Verizon (constantly crummy).  He said there is a serious deficiency in the town and that Tahanto is a “black hole” which could be disastrous if the land lines were ever cut.  He went on to say he has a 4G plan, but sometimes only receives 3G service.  He has had to make calls from a closet when the land line was not working because the service is poor.  He questioned whether that a tower would decrease property values, since the 1,400-foot television tower doesn’t seem to affect the residents at Mt. Pleasant Estates.  He also said his wife hit a deer near the intersection of French Drive and Main Street, and it took numerous calls from two cell phones because of the lack of service in that area.

Mr. Baker reminded Mr. Derderian that the hearing was not in session and asked him to return in August to testify or to submit his comments in writing to the Board.  Mr. Baker asked that a vote be taken on the motion.

On the motion to accept Verizon Wireless' request to extend the decision time and continue the hearing in August, Mr. Manter, Mr. Baker, Ms. Ames and Mr. Viscomi voted in favor.  Mr. May abstained; Ms. Levy did not vote.  Motion approved.  Mr. Manter announced that the hearing would continue on August 6 at 8:00 pm.

The letters to be written were discussed.  Mr. Baker suggested that the Board of Selectmen be informed that the board has serious concerns with the proposed 599 Main Street site.  After discussion, the board agreed that the letter to Verizon would suggest as alternative locations a more centrally-located site at 599 Main Street, the Boylston Water District property on Stiles Road, and the Pine Grove Cemetery property on Scar Hill Road.  In addition, it will also mention 173 Central Street and Mt. Pleasant Country Club as possible sites on private property.  

Mr. May said that mentioning 599 Main Street would encourage Verizon to continue looking at that location.  Mr. Baker and Mr. Manter argued that it should not be excluded.  

Mr. Baker made a motion to draft a letter to Verizon recommending they explore the Boylston Water District property and Pine Grove Cemetery and assess another location at 599 Main Street; Mr. Viscomi seconded.  Mr. Manter, Mr. Baker, Ms. Ames and Mr. Viscomi voted in favor, Mr. May opposed.  Motion approved.

Mr. Baker made a motion to draft a letter to the Selectmen expressing concerns with the present proposed site and ask them to consider an alternative location at 599 Main Street as well as the Boylston Water District and Pine Grove Cemetery sites; Mr. Viscomi seconded.  All in favor; none opposed; motion approved.  The Selectmen will also be told about 173 Central Street and Mt. Pleasant Country Club as possible alternatives.

Mr. Baker will draft the letters.

ANR Plan (690 & 696 Linden Street) Summer Star Wildlife Sanctuary – Property lines were redrawn after the applicant acquired the abutting property.  Mr. Baker made a motion to approve the ANR plan entitled “Plan of Land on Linden Street in Boylston, Massachusetts”, and authorize the clerk to sign, finding that both lots have sufficient frontage on Linden Street and area; Mr. Viscomi seconded.  All in favor; none opposed; motion approved.

Mr. Hess asked about site plan review.  Mr. Baker told him it could require a plan review for sufficiency of off-street parking.  Mr. Pavlik (Outback Engineering) said there are currently open applications with the Conservation Commission.  The project will be a green building with low impact development design.  There will be nine parking spaces.  Buses will not park; they will pull up, drop off, and exit.  The emergency access has been reviewed with the fire chief.  The driveway is of pervious paving.

Subdivision Rules & Regulations – The latest draft was revised by Mr. Baker according to discussions at previous meetings.  The most significant change was to the section on fire protection.  The wording was changed to agree with the Fire Chief’s recommendation (Section 7.5.5).  It was agreed to remove paragraph Section 5.2.2.v regarding GIS.  The recommended street tree list was revised (Section 6.4.0) since the town is now part of the Asian Longhorned Beetle regulated area.  The plan size requirement (Section 5.5.2) will remain 24” x 36”.  Michael Andrade (Graves Engineering) supplied the language for construction procedures (7.1.0).

Mr. Baker said the final draft needs to be extensively proofread and the appendix added.  The rules could be adopted tonight, allowing edits only for typographical errors, formatting, and addition of the appendix, and forwarded to Town Counsel for review.  Mr. Baker said a performance bond agreement needs to be included in the appendix.  Mr. Baker made a motion to adopt the 4 June 2012 Final Revision Subdivision Rules & Regulations as presented and allowing for the correction of typographical and formatting errors and with the addition of the appendix; Mr. Viscomi seconded.  All members were in favor; none opposed; motion approved.

Mr. Baker made a motion to adjourn; Ms. Ames seconded.  All in favor; none opposed.  The meeting was adjourned at 10:15 p.m.

Meeting Materials:  
1.      Verizon Special Permit Application (599Main Street) (on file in PB office)
2.      May 29, 2012 Duval, Klasnick & Pastel, LLC letter regarding Extension of Federal Communications Commission
3.      May 31, 2012 Duval, Klasnick & Pastel, LLC letter regarding Alternative Siting Options
4.      New England Forestry Foundation ANR Plan (on file in PB office) – Portion of Rocky Pond Community Forest
5.      Summer Star Wildlife Sanctuary ANR Plan (on file in PB office) – Linden Street