MINUTES OF WESTBOROUGH PLANNING BOARD
February 03, 2015
Regular meeting of the Westborough Planning Board held in the Westborough Fire Department Conference Room, 50 Milk Street. Members Hensley, Bush, Silverberg, Newton, Jr. and Diamond were present.
Meeting dates: February 17, 2015
Chairman Lester Hensley explained that Member Ed Newton, Jr. is joining the Planning Board meeting tonight via Skype. The Board of Selectmen has agreed to let members attend meetings via the web.
Member Mark Silverberg is absent for the first portion of the meeting.
At 7:00 p.m. the Board prepared to discuss the request to release the bond on Cumberland Farms for an earth moving permit.
The Town Planner said we received a letter from Mr. Robert Duff, Chief Inspector dated 1/22/15 stating the DPW is fine with releasing the $15,000 erosion control performance security.
Mr. Carl Balduf, Town Engineer said they are fine with the release of the funds to Cumberland Farms.
Member Brian Bush motioned to release the erosion control security bond in the amount of $15,000.00 for Cumberland Farms. The motion was seconded by Member Charlie Diamond and 4 voted in favor. Member Silverberg was absent from the vote.
At 7:10 p.m. the Board prepared to discuss the draft decision on Preservation Acres – Arch Street.
Mr. Ken Chase co-owner came forward to discuss the draft decision.
The Town Planner stated that Mr. Chase has accepted all the changes to the draft decision and the Town Engineer is fine with the revisions.
The Town Planner walked the Board and proponent through the draft decision approving 10 open space subdivision lots with two waivers are requested. The open space will be accepted by the Conservation Commission. The Applicant shall provide the flashing pedestrian light for crossing. Roadway curbing shall be vertical granite type VB. The proponent must have final Conservation Commission approval before Planning Board endorsement of plans. The Planning Board asks that the proponent go into the field before construction to mark any significant trees. The easement language is from the Town Engineer.
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Mr. Carl Balduf said he edited language so the Applicant will show easement on the plan. The Town will have municipal drainage on the conservation land. The Town wants the road at the end of construction.
Chairman Lester Hensley said he wants to see mailbox location on the mylars.
Mr. Carl Balduf said the Storm Water Management Protection Plan has been placed with the decision as an attachment.
The Town Planner reminded the Planning Board that action tonight on the decision tells the developer that the Planning Board will sign the final plans.
Member Brian Bush motioned to approve the two requested waivers.
Member Brian Bush motioned to grant the waiver from Section V, Required Improvements and Construction Procedures for an Approved Subdivision, Section C, Streets and Roadways, Subsection 7, which states “Berms will be granite vertical curbing for the entire length of the roadway unless otherwise approved by the Planning Board and Department of Public Works”. The motion was seconded by Member Charlie Diamond and 4 voted in favor. Member Silverberg was absent from the vote.
Member Charlie Diamond motioned to grant the waiver from Section IV, Design Standards, Section C, Open Space Community Subdivision Standards, Subsection 1.,b.5, which states “A buffer of natural vegetation of at least 100 feet in width shall be maintained or created adjacent to the surface waters and wetlands free of roads and residential dwellings”. The motion was seconded by Member Brain Bush and 4 voted in favor. Member Silverberg was absent from the vote.
Member Brain Bush motioned to approve the Conditional Decision as written with revisions made tonight for Preservation Acres. The motion was seconded by Member Charlie Diamond and 4 voted in favor. Member Silverberg was absent from the vote.
Mr. Joe Farrell – 24 Glenn Street asked if the Plans will be signed at a later date. If there has to be alteration with the existing configuration, we need to identify the two lots separately. It does not change anything within the actual 10 lot subdivision.
Mr. Ken Chase said they are prepared to provide an 81X Plan to create the parameter of the new subdivision.
Mr. Carl Balduf, Town Engineer said the parcel is also identified on the subdivision sheet.
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Mr. Joe Farrell said there was a question as to whether the existing subdivision (Emily’s Path) had to be rescinded. The Town Planner says this is not necessary to rescind because this new subdivision supersedes it.
The Town Planner said that the 81X Plan answers the question. It cancels out the old subdivision.
At 7:30 p.m. the Board prepared to discuss the draft decision on Village Commons T-OV.
Mr. Fran Zarette came forward for discussion.
Chairman Lester Hensley said the Planning Board has had many edits on the draft decision.
Mr. Fran Zarette said he did collaborate with Attorney’s and engineers to work out the easement issues. The Declaration of Easement was put together. Mr. Zarette said he feels that the draft looks good at this point. He talked to Rand Whitney about the buffer easement and can get the easement if needed.
Chairman Lester Hensley asked the Town Planner to take the Planning Board through the decision.
The Town Planner said the Planning Board made a finding that the property was better to be developed as a mixed use T-OV in this District. The project is 4.3 acres and will have15 cottage style units with 3 of the units being affordable. There will also be 9,000 square feet of commercial. The site will be served by public utilities and water. Shared parking is allowed under the zoning bylaw. There is one point of access. Screening from neighboring properties will be accomplished with the use of earthen berms and plantings for a natural buffer. The Town and the Applicant have worked hard on the easements. The easements for utilities need to be approved by the DPW. Restrictive covenants are in place that shall restrict the number of bedrooms to 2 bedrooms. The 2 bedroom count shall be enforceable by the Building Commissioner. 3 units are to be affordable and local preference is given to Westborough residents. The noted commercial space shall remain as commercial space.
A flashing beacon is to be installed at the crosswalk. Irrigation requires an onsite well. Under earth moving, Mr. Fran Zarette has said he will try to acquire fill from the neighbor next door and bring fill to the site. The Design Review Board approval is required for all T-OV projects. The Fire Department has worked with Mr. Fran Zarette to accommodate parking and to make room for emergency vehicles. They must have a preconstruction meeting with the Town Engineer and DPW. The Applicant is required to meet with the Planning Board for one year on their progress. The only waiver requested is the setback between buildings.
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Chairman Lester Hensley said he would like to mention a couple of restrictive covenants which he would like to discuss and add to the decision. Chairman Hensley said this project is an opportunity to refine and develop what we want in the future for special permits in the TOV. We have done a good job for better defining bedrooms, pedestrian crossings, affordable intentions and easements but have a few other areas to address. The intent of the T-OV District is to create a village experience through the incorporation of mixed uses. At neighboring Westborough Village, we lost this opportunity to make sure there is interconnectivity between neighboring developments and have lost control of the assured development of the mixed-use, commercial component. The residential developers of Westboro
Village do not want to do the commercial portion. It leaves us with the mixed use aspect of this village that may never be developed. We should require that the commercial lot can’t be subdivided and that the construction of the commercial space must be constructed at the same time as the residential development. We need to be sensitive to the aspect the residential will have on the tax base to the town with introduction of more school age children. We can’t allow the T-OV zoning to become a way to develop high density residential without the commercial aspect to offset in some measure the expense of schooling.
There are two covenants he would like the Board to entertain. To maintain the mixed-use spirit of the T-OV zoning, the property shall not be further subdivided; and the commercial component shall be phased along with the residential development and be constructed prior to granting of the final occupancy permit.
Member Brian Bush said he agrees that there should not be a subdivision of the land. He also agrees in concept with the construction of commercial being parallel with the residential.
Member Ed Newton said he agrees that both covenant language should be added to the decision.
Member Charlie Diamond said to avoid the problems we have had with Toll Brothers, he agrees with the covenants.
Mr. Fran Zarette said he has no problem with not subdividing of the project. He won’t do this. He promises. The second covenant however, creates a major problem. It is a finance and marketing problem. The demand now is the residential portion of the project. He is already having issues with financing because of the affordable units. There is a huge loss with affordable units. Mr. Zarette said he is already granting 8 different points to neighboring properties. He will have difficult to finance any type of commercial buildings at this time. The cottages are small residential units. If we have to stop building residential to find a tenant to design the commercial space, it is a hardship. The commercial space has to be site specific to the
tenant. This project will be built with the commercial. To mandate this, he may not be able to build it.
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Chairman Lester Hensley said this is exactly the reaction we need to be cautious of. By blending commercial and residential at the same time we would be creating villages. It is the only way we have to offset the potential cost impact of school age children. Mr. Zarette has created a nice
development in totality. If timing is left up to when it suits the proponents, then all we are doing is facilitating a high density residential project. We will be subject to criticism without the offsetting tax revenue of the commercial uses. In the case of Westborough Village, we did get Veterans Freedom Park which is enjoyed by the Town. The relative scale of development is not as important as the spirit of development. We should not let residential go ahead and leave the commercial to the market.
Member Brain Bush asked how we solve the problem when we want a mix use development. The first project is unfortunate because we should have put conditions on it. Market conditions can change and for us to be at the mercy of that is not right.
Mr. Fran Zarette said maybe there is a way to minimize the square footage of the commercial. Residential will put a demand on the commercial. Maybe there is a way to come up with a number. To ask for the whole 9,000 square feet of commercial half way through is impossible to do.
Member Brain Bush said he agrees that some space developed about half way through is a good alternative. He thinks Mr. Zarette could make a good faith effort to put something together. He would be willing to entertain something on that.
Chairman Lester Hensley said what we have learned from Toll Brothers, is the development is being driven by the residential component. The developer is uncomfortable with the commercial end. It depends on his sweet spot and drive to attract tenants. He thinks scaling the commercial down is against what the bylaw is about. There is no question that the commercial side of Westborough is successful.
Note: Member Mark Silverberg arrived at 8:15 p.m.
Member Ed Newton, Jr. said he understands where Mr. Zarette is coming from. However, he could start part the residential and then do 50% of the commercial.
Member Charlie Diamond said he totally understands the situation. A 3,000 square foot facility won’t be a magnet to attract business. During certain times of the day, the site is a good location. He would like to see more than 3,000 square feet out of the 9,000 square feet built.
Chairman Lester Hensley summarized for Member Mark Silverberg that the Planning Board has reviewed the draft decision on the Westborough Commons, Two additional covenants, one to prevent the subdivision of the project; and the second to require the commercial be built out before the residential is complete are now being discussed to be added into the decision. The T-
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OV zoning is mixed use. The commercial component should offset the potential of school age children from burdening the town. Mr. Fran Zarette does not like the second condition. He
does not believe the commercial market is there right now. Member Brian Bush asked for compromise on how much commercial he is willing to build. Mr. Fran Zarette suggested 3,000 sf. Member Ed Newton, Jr. came back with 50% of the commercial should be built at the same time as the residential.
Member Mark Silverberg said if the commercial is put off till the end of the project, which is to say it will ever be built. Will the bond go to the town?
The Town Planner explained that the bond does not cover completeness of the project but covers erosion and infrastructure.
Member Mark Silverberg asked why is it more onerous to build the commercial first instead of last.
Mr. Fran Zarette explained that a bank will not finance a building on speculation. There must be at least one tenant.
Chairman Lester Hensley said perhaps we need to wait until the market suits a built mixed-use development. It is better to go undeveloped instead of building an empty shell.
Member Mark Silverberg said one option could be an industrial use. It defeats the intent of the T-OV zoning not to build the commercial. Maybe it should be built first. We need combined commercial and residential built together.
Mr. Fran Zarette asked is there a way that the 9,000 square feet could get reduced to 6,000 square feet. No one is saying that we are not going to build it. He could have come in with a smaller commercial square footage. He chose to maximize the commercial building.
Chairman Lester Hensley stated that he wants the commercial built before the last residential unit is built.
Member Mark Silverberg said it does not have to be a 9,000 square foot building. But he agrees that he wants to see it built before the last residential unit is built.
Chairman Lester Hensley said the TOV zoning does not prescribe how much mix use is required. It is currently left up to the proponent to come up with how much to provide. The Board compromised on a number of issues with the adjacent development. We compromised on the affordability proponent, compromised on the amount of commercial and by not linking the commercial with the residential. Our oversight was thinking a developer would want to connect
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to adjacent parcels and would act in good faith to develop a mixed-use project in the spirit of the zoning.
Mr. Fran Zarette said he will revise the plan on the commercial building and build it first and then do the residential.
Member Mark Silverberg said another option is to make the commercial a mixed use with apartments on the top floor.
Member Charlie Diamond asked would he put the commercial aspect in the holder if the need arises.
Mr. Fran Zarette said he will do 3,000 square feet of commercial right up front and leave the pad there for further development. He will guarantee 3,000 square feet of commercial and have the option for further build out.
Member Ed Newton, Jr. said the 9,000 square feet of commercial was for 16 units... But to now go to 3,000 square feet, he is not interested. He wants to stick with the 9,000 square feet of commercial space and build 50%. We should be able to make a decision tonight. However, you need a super majority. We need to come up with language we like.
Member Mark Silverberg said Mr. Zarette is suggesting we approve 15 units and approve 9,000 square feet of commercial space. He will be required to build 3,000 square feet of commercial before he gets any of the residential. He then will have the right to build the remaining 6,000 square feet but not the obligation of the remaining space.
Mr. Fran Zarette said the incentive is to build it. His options are limited. One is to build the project as is. This is not fair. He is willing to do 3,000 square feet of commercial up front.
Chairman Lester Hensley asked what is wrong with doing half (4,500 square feet) up front.
Mr. Fran Zarette said his options are to do the project as is, or scrap the project and go to the underlying zoning to see what is available.
Chairman Lester Hensley remarked that this is an open discussion. A proposal from Member Ed Newton, Jr. requires a portion of the commercial be built before the residential.
Mr. Fran Zarette said he does not want to be boxed into a number of square feet for commercial building.
Member Brian Bush agreed and suggested do 3,000 square feet of the commercial before half done. We have agreed to go down a certain road with this project. We can’t mandate it. The
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uses that go into the commercial component are very important. If you can put a dentist there, it is a good start. It is a destination tenant. There is a lot if the project is going to be successful and
given the circumstances, the level of cooperation, he is okay with Mr. Zarette’s 3,000 square feet for commercial upfront proposal.
Member Brian Bush said the Planning Board has presented adding two conditions: no subdivision of the land; and at least 3,000 square feet of commercial be built before the 7th unit occupancy permit. He has the right to build the additional 6,000 square feet at a future date.
Member Ed Newton, Jr. said he will not vote for that. He wants 50% or 4,500 square feet built up front. This can only be enforced by a restrictive covenant.
Member Mark Silverberg commented that we have seen built buildings sit stagnate. There will be a demand for this commercial site some day.
Chairman Lester Hensley said he can maybe be convinced to go with 4,500 square feet of commercial be built by the 7th occupancy permit. Before the 15th home is sold for occupancy, we want the other 4,500 square feet of commercial be done,
Mr. Fran Zarette said he can’t do it that way.
Member Mark Silverberg remarked that it is not our job to help you get financing. You are supposed to convince us this is a beneficial project to the town. He thinks a 3,000 square foot building relative to 15 residential units is good.
Member Ed Newton, Jr. suggested approve the decision as amended tonight and add in the restrictive covenants.
Chairman Lester Hensley said the first restrictive covenant is agreed by all and can be added to the decision.
Member Ed Newton, Jr. said he wants the original wording of the second covenant to go into the decision.
The Town Planner asked why you came up with 9,000 square feet of commercial.
Mr. Fran Zarette said he looked at the site and came up with a concept plan for two buildings.
The Town Planner asked if you have a tenant that wants a 3,000 square foot building.
Member Fran Zarette said the dentist wants a free standing building of 3,000 square feet. A bank will not finance a whole building empty. You must have at least one tenant.
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The Town Planner said there are several options for the Planning Board: allow him to build 15 units with 3,000 square feet of commercial. The other option is let him do 3,000 square feet of commercial space upfront with the option to build out the rest; or let the project go away. You have to decide how much commercial you accept.
The Town Planner asked how about 3,000 square feet at the 7th occupancy permit and maybe an additional 3,000 square feet at the 15th permit and leaves the rest for the future.
Chairman Lester Hensley said it is a weakness in the bylaw not to define the commercial component. All we have created is a high density multifamily use.
The Town Planner said that the original proposal for Westborough Village was for 3 commercial buildings of which two were to have mixed use and one building just commercial. Then we went to no mixed use buildings and one 10,000 square foot commercial building.
Mr. Fran Zarette said he is proposing 3,000 square feet be built with the option that he can build more commercial in the future.
Mr. Wayne Spiegel, Commercial Real Estate commented that the location is difficult for commercial development. A speculative building would not be advised.
Chairman Lester Hensley said we need to be careful how we progress. If the market proves that commercial may never be viable in this location then maybe we should repeal the T-OV zoning altogether.
The Town Planner said it would be better to amend the bylaw with a commercial percentage.
Chairman Lester Hensley asked Mr. Zarette if he can agree to 3,000 square feet of commercial built at 7th unit occupancy permit, then 3,000 square feet at the 15th occupancy permit and 3,000 square feet to be left up to him.
Mr. Fran Zarette said he needs flexibility on the buildings. He does not want to be tied into a number.
Chairman Lester Hensley said maybe give a range, like 3,000 square feet to 4,500 square feet for each phase. His potential tenant wants 3,000 square feet but a free standing building.
Mr. Fran Zarette said he does not have a commitment on this tenant.
Chairman Lester Hensley asked what range will make you comfortable, 2,500 sf to 4,500 sf at 7th unit and 2,500 sf to 4,500 at 15th unit.
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Mr. Fran Zarette said 2,400 sf to 3,600 sf by 7th and 2,400 to 3,600 sf at 15th and then the remainder.
Member Brian Bush said he is fine with that.
Member Charlie Diamond said he is okay with that.
Member Mark Silverberg said he can support a phased approach. Even 5,000 sf of commercial space on 4.3 acres is not unreasonable.
Member Ed Newton, Jr. said this is not what was intended. His minimum that he is willing to go is 4,500 sf by the 7th unit and then 4,500 sf by the 15th unit.
Chairman Lester Hensley said we need to do something to make this go forward. The entire area was meant to be the village.
Member Mark Silverberg suggested maybe stick to the original proposal.
The Town Planner suggested maybe think about it. Postpone till the next meeting. We need to reschedule the next meeting from the 17th to 24th of February. This will give us time to work out language and then he will resend out to Board members and Mr. Fran Zarette.
Chairman Lester Hensley remarked that Mr. Fran Zarette has acted in good faith on his design of the project.
Mr. Fran Zarette responded that the project is in jeopardy. If he can’t do this, he may have to go with the underlying zoning. If you want to postpone the decision, that is fine.
The Town Planner cautioned the Board that you can’t take any action or it will be approved by default. The only way to deny it is to vote to deny it.
Chairman Lester Hensley said by postponing we can have work sessions to come to a compromise. The Planning Board agreed to change the next meeting date to February 24th at 7:00 p.m.
OTHER BUSINESS:
Member Charlie Diamond said he attended a meeting of the School Age Projection Committee. We introduced the members and established a mission statement. We were notified that the School Department had already confirmed a capacity analysis of the schools. We discussed what
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is concerning to us. We talked about population. One item of interest is special rooms needed for language. They made reference to US census statistics. It was mentioned that a study is being done by UMass on transportation and should be released by age group. We agreed to meet every Thursday of a month. However we need the preliminary data first before we meet.
The Town Planner said the Planning Board wants to know particular type of housing construction that attracts a certain type of person. If they speak a second language it might promote other needs and requirements. We need a population dynamic consultant.
Member Brian –Bush said he is not sure we are going to get what we are looking for.
Chairman Lester Hensley agrees and said it does not sound like it is going in the direction we need. We should be working in parallel. We had begun an internal process of the downtown for multifamily. We should do our own survey that could be used to supplement the work of the consultant. Identify all the types; rentals, multi family, condos, etc.
Member Mark Silverberg said he would like to know about 25 West Main Street and any presale they have done.
Member Ed Newton, Jr. replied he does not think we are going to get what we really wanted, and agrees to continue to work on our own study.
Chairman Lester Hensley said the potential for how it could alter the character of the town on that side of the street is important to take into consideration. The potential to do 4 stories with 3 residential floors and one commercial would be doable. You could end up with a character altering high rise buildings. We might need to do some rendering to see what it could look like, the architectural aesthetic of that part of town. Is there another way to achieve what we want, maybe something more restrictive in height and density.
Member Mark Silverberg said he likes the idea of extending the DPOD. It won’t happen all at once. He is not in a rush to get it there in the fall. The vision of the 4 story, he is okay with that.
Chairman Lester Hensley commented that the special permit provisions of the DPOD do not require parking or open space. It does discuss parking and open space but no percentage requirement.
Chairman Lester Hensley said that under the T-OV if we don’t prescribe the ratio in some manner of mixed use, a developer will go for all residential.
Member Brian Bush commented on the fact that Bay State Commons is creative and was flexible. He does not think latitude and discretion should be substituted for very defined.
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The Town Planner said at Bay State Commons, the developer built out the space and built it at 50% build out. You will get uses you never expect. When the market turns, it will be the hottest space around. Right now the T-OV is a loophole to build residential. We need to hold the line.
Chairman Lester Hensley commented that we need timing and the right developer to take the risk.
Zoning Bylaw Committee: Chairman Lester Hensley said the zoning bylaw committee has not met on articles for the October Town Meeting., The Historic Commission, DRB and Planning Board met informally to discuss signage in the downtown. It was a good meeting.
Chairman Lester Hensley said other issues to revisit are a definition for accessory use, possible extension of Gateway 1 and revisit the T-OV.
Redraft of Zoning Bylaws: Member Brian Bush asked is the redraft of the zoning bylaws going to get done? What do we have to do?
The Town Planner suggested Member Bush speak with Mr. Tin Htway, Building Commissioner.
Chairman Lester Hensley said this does not have the support of the Town Manager.
The Town Planner said the scope is clear on what we wanted. The Town Manager was part of the zoning bylaw committee. We got a proposal but it was not cost effective ($90,000 for 3 years). This would cover a rewrite of zoning, clean up inconsistency, errors and duplication and, for 3 years add in all changes to the zoning.
Member Mark Silverberg asked are they going to do a big presentation. Would they participate in the public hearing to explain what they are doing?
Member Brian Bush said he wants to see this happen.
Member Ed Newton, Jr. asked would we be better off to update the Master Plan first.
The Town Planner said that the Master Plan should be done in the next couple of years.
Member Ed Newton suggested maybe combine the two and get it all done at once.
State Hospital Reuse Committee: Member Brian Bush said they met last week and put together a consensus of desired uses and undesired uses. We are doing some preliminary work on feasibility and demolition work to be done.
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Chairman Lester Hensley asked are you envisioning potential uses by using the charrette data.
Member Brian Bush said it is no mystery as to what we discuss. No one wants single family housing. Everyone wants open space. One discussion with differences is whether it will be private use or public use to the water front. There are issues with the site. Underground tunnels, pipes, etc. The timing and the buildings create urgency right now. They have some people coming out to look at the site to get some ideas on costs of demolition.
Member Mark Silverberg said that the Open Space Committee is meeting on the 18th at the Senior Center. We are still trying to get the final open space plan approved from the state. We have someone interested in reaching out to land owners in town to donate land to open space and conservation. The presentation will include the benefits to the homeowners.
Member Mark Silverberg said March 3rd is Election Day. We can’t hold a meeting on that date. We need to think about a different date.
The Minutes of January 20th were approved and endorsed.
There being no further business to discuss, the meeting adjourned at 9:56 p.m.
Respectfully submitted,
Sandy Spinella
Administrative Assistant
APPROVED:
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Lester Hensley, Chairman of Board Brian Bush, Vice-Chairman of Board
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Mark Silverberg Edward Newton, Jr. Charlie Diamond
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