Planning Board Meeting Minutes
March 24, 2009
1196 Main Street, Town Hall
Members Present: D. Lindberg, C. Stanovich, O. Lies, W. Ritter, M. Wronski
Members Absent: R. Ricker, A. Bonofiglio
Others Present: Pamela Harding, Senior Planner, Debra Sciascia, Recording Secretary
7:00 PM the Planning Board meeting was called to order.
TCC Meeting Access Management Plans:
Don Lawton, from TCC read a letter dated 3/4/09 to the Planning Board from TCC into record. TCC discussed the possibility of creating a traffic access management plan. Implementation would require the creation/amendment of zoning by-laws. The management plan is the highest priority recommendation in the Master Plan transportation element, with the intent of providing slight relief to traffic congestion on Main Street, which was identified as the highest concern of residents during the community visioning session. Another example given was Chaepl St. and Red Barn Rd where the issue would be to remove some trees for better visibility.
P. Harding asked if they have talked to Mass Highway yet. B. Lawton said they have, and Mass Highway doesn't want to be the leader on this but is willing to participate.
O. Lies, C. Stanovich, W. Ritter, D. Lindberg, and Mr. Wronski all support TCC's recommendations. J. Zingarelli, DPW, stated that the study would show where future traffic signals should be.
O. Lies informed the Board that DLTA Funds are still available, this is a grant program offered through the State for regional planning agencies to offer local technical assistance to Town's. CMRPC is excited about this, it could be a model for Central Mass.
SPECIAL PERMIT/ Westminster Place Retirement Community - Extension of Time: D. Lindberg opened the public hearing and read the Public Hearing Notice into record. Fafard Real Estate is requesting an Extension of Time. The last Extension of Time expired on January 10, 2009. The Board has copies of previous decisions. The applicant had not responded to Town requests of clearing the Newell Road sidewalk. The previous condition was for the applicant to maintain the sidewalk. The sidewalk is located on both private and public property.
D. Seaburg, Benchmark Engineering, said the applicant doesn't feel that it's their obligation to maintain the sidewalk. W. Ritter responded that the proper recourse would have been to appeal the condition not to ignore it, and there has been no response to letters sent. W. Ritter and C. Stanovich also agreed that it doesn't make for very good neighbors. They have not been trying to be cooperative.
Public Comments:
• Jim Robinson, 98 Newell Road: Asked when the extension of time expires, and was told January 8, 2009. He also asked what would happen if it was not extended, and was told it would just sit there. The extension has been requested for two (2) years.
• Karl Makela, 60 Newell Rd: Stated that they have not been very cooperative at all, and did not even pave the road. They did not keep their promise to keep the sidewalks plowed. He suggests the Town plow and mow, and charge it back to the applicant.
W. Ritter asked the applicant if they were going to cut the grass. D. Sieberg didn't know. O. Lies wanted to know if the applicant will contest #52 of the Special Conditions. D. Sieberg responded "yes", and wanted to speak to counsel to see if it's valid. P. Harding said it is valid because it was not appealed.
W. Ritter recommended continuing the Public Hearing until the applicant consult with the owners of the site. The applicant should also put in a written request to continue the public hearing and allow the filing of the decision with the Town Clerk to April 29, 2009.
• Jim Robinson, 98 Newell Rd: There was damage done to the berm during the ice storm.
W. Ritter motioned to continue the Public Hearing at the applicants written request until the applicant seeks counsel, and submits a written request. C. Stanovich seconded. All in favor. W. Ritter amended the motion to continue the Public Hearing to April 14, 2009 and grant an extension of the decision being filed with the Town Clerk to April 29, 2009. C. Stanovich seconded. All in favor.
The applicant gave P. Harding their written request for an extension of time.
SITE PLAN/SPECIAL PERMIT, Holden Storage, LLC, 789 Wachusett St: D. Lindberg read the Public Hearing notice into record. P. Harding informed the applicant that this is a 7 member Planning Board, and they need a super majority to approve the special permit, this means all five member present are required o approve the plan for it to pass. The Mullins Rule applies, so the other 2 members can vote after reviewing the meeting minutes.
The Applicant chose to continue with the hearing and the engineer, Carl Hultgren, Quinn Engineering gave a presentation of Parcel C for the Board.
The applicant is proposing to construct a contractors building for the storage of material, equipment and office space. The building would be 30' in height with a footprint of approximately 20,000 SF. The building is interior to the commercial use. The applicant was previously granted a Special Permit from the Zoning Board of Appeals for construction of two additional self-storage units, and outside storage of boats. The proposed contractors building will be in lieu of the self-storage facility, but the applicant wishes to maintain the right for the outside storage of boats. The applicant has received approvals from the DCR and the Conservation Commission. Information on the hours of operation are not included in the application. The previous ZBA decision limited hours from 6 AM to 9 PM. The Board has the ZBA decision for review.
The required landscaping has not been planted to date. The decision requires the planting of conifers. There are numerous pine trees in the front of the property along Wachusett St with sparse under-story. A shade tolerant coniferous shrub will increase the buffering of the site. Neither of the special permit uses have commenced.
M. Wronski asked what a contractors building was. B. Diverdi told the Board that it's storage for equipment, and has individual office space and restroom facilities.
W. Ritter inquired about the screening from the houses up above. Some of the trees are dead. The contractor will be replacing them.
There is one entrance onto the property. B. Diverdi informed the Board that he has cleaned up the entire property.
Public Comment:
• Ron Sullivan, 13 River St: Said he's lived there for 30 years. He was concerned with the number of parking spaces being 30. He also has concerns about the catch basin along Wachusett St, which he cleans out himself. B. Diverdi said that once the work is done, the catch basins will be taken care of. R. Sullivan heard some talk about shrink wrapping boats there. The previous owner was going to buffer the area.
O. Lies inquired about the hours of operation, and was told that they are 6 AM to 9 PM, and only contractors can come in after 9 PM.
M. Wronski asked if there were any conditions on hazardous materials. P. Harding said that DCR already regulates that.
W. Ritter motioned to close the Public Hearing. C. Stanovich seconded. All in favor. W. Ritter motioned to approve conditions with the conditions read into record. M. Wronski seconded. All in favor.
APPROVAL NOT REQUIRED, Mayo Road, Oriol Health Care (O.H.C) Residences, Inc.: The applicant is relocating existing lot lines. The property is located in multiple zoning districts, and there is sufficient frontage and the area meets all the zoning requirements.
The engineer said they have been working to acquire the property for 10 years. Lot 1 is being carved out of the parcel, and the Lot A portion is to be added to O.H.C. Residences, creating 2 lots. This creates Parcel A, and the 20+ acres for the retirement community by-law.
W. Ritter made a motion that the plan is entitled to endorsement. O. Lies seconded. All in favor.
DRAFT WINDMILL BY-LAW: The Board has the slightly revised by-law. The Town has met with a private property owner on River Stsreet, who has expressed interest in the construction of a commercial windmill operation. The cost of commercial windmills is high and the sale of the electricity to the light Department or grid results in a minimal share of market costs. Windmills seem to be most effective when operated by an electrical company or when servicing a high-energy consumer that will receive power in lieu of paying market rate electrical costs. A commercial site may be feasible, however, utilizing various state grants, which provide free technical consulting, velocity testing, and tax reimbursements. If this by-law will be proposed for the May Town Meeting, a public hearing will be conducted the last meeting in April, and the final
version must be posted 7 days prior to the May Town Meeting.
P. Harding distributed maps of areas where windmills would be suitable, and will call CMRPC to see who they recommend coming in to speak to the Planning Board.
W. Ritter would rather not rush it, and give Town Council time to review it.
M. Wronski didn't think windmills belonged in residential areas.
MEETING MINUTES:
• November 18, 2008: Tabled due to lack of quorum to vote.
• December 16, 2008: W. Ritter motioned to approve. C. Stanovich seconded. M. Wronski abstained from the vote. Vote 4-0, approved.
• January 13, 2009: W. Ritter motioned to approve. C. Stanovich seconded. O. Lies motioned for a change in wording regarding the 2009 Goals for the Master Plan Implementation Committee. Vote 5-0, approved with changes.
• January 27, 2009: W. Ritter motioned to approve. C. Stanovich seconded. Vote 5-0, approved.
OTHER BUSINESS:
• O. Lies discussed the Open Space By-law, and the Cluster By-law.
• O. Lies also discussed the Land Use Partnership Act.
NEXT MEETING: April 14, 2009 at 7:00 PM at the Town Hall.
C. Stanovich motioned to adjourn. W. Ritter seconded. All in favor.
Adjourned 9:20 PM.
March 24, 2009 Meeting Minutes approved: June 23, 2009
Debra A. Sciascia, Recording Secretary
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