Town of Westborough, MA

PB 022415


	MINUTES OF WESTBOROUGH PLANNING BOARD February 24, 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: March 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. At 7:00 p.m. the Board prepared to discuss the draft decision on Village Commons T-OV. Mr. Fran Zarette came forward for discussion. Mr. Zarette stated that he is here to discuss the final decision and bring to conclusion to the decision with a vote from the Planning Board. Chairman Lester Hensley said the Planning Board has had many edits on the draft decision. A work session was held with Member Brian Bush, the Town Planner, Mr. Mike Scott of Waterman Design Associates and the proponent, Mr. Fran Zarette. Two new restrictive covenants were agreed upon by all present to be added to the decision. Member Brian Bush said that Mr. Fran Zarette and Mr. Mike Scott came into the work session with a plan a little different from what the Planning Board had originally seen. That plan had some apartments above commercial space with a reduction on number of residential cottages. Mr. Zarette did this because if he had a mixed use building he could obtain financing easier. Member Brian Bush said after much discussion it was decided that the plan is substantially different from the original plan. If Mr. Zarette wants an approved decision, the Planning Board will have to go with the plan that was already submitted. Member Bush said that Mr. Zarette indicated he is fine and will come back later with the revised plan to set the changes. The Town Planner stated that the draft decision is the same except for the addition of two restrictive covenants. Condition #4 states to maintain the purpose of the TOV, there will be no further subdivision of the lot unless approved by the Planning Board; and Condition #5 states that the commercial component shall be phased into the overall construction with the residential cottages. Chairman Lester Hensley said he has no issue with Condition #4 as written. On Condition #5, he does not necessarily agree. The Planning Board ended up in the February 3^rd meeting discussion with a bit more description. At least a portion of the commercial space should be built by the 7^th occupancy permit and the remainder by final occupancy. We also ended up as impasse as to “how much” square footage should be done at each point of occupancy. One proposal was 9,000 square feet commercial space. Mr. Zarette chose that amount and Member Ed Newton felt it reasonable to require 4,500 square feet be built by the 7^th unit occupancy permit and the remainder by final occupancy. Minutes of Westborough Planning Board February 24, 2015 Page 2 Member Ed Newton, Jr. agreed. He would like to see 4,500 square feet of commercial space built by the 7^th occupancy permit and the remaining 4,500 square feet at final occupancy. Chairman Lester Hensley said other members suggested they would be willing to accept a smaller amount of commercial square footage. Member Lester Hensley remarked that he is having a hard time getting beyond the fact that the developer wanted to build 9,000 square feet of commercial. He assumed that it would be built. It was only when the Planning Board introduced accountability of construction that it became unviable. It is the expectation of the Planning Board that a mixed use development with 9,000 square feet of construction was to be built. We are now seeing flaws in what we want out of the TOV District. What we have heard is that commercial is not viable in this location now and even in the future. If we are wrong about this we don’t think we should have to accept high density residential. Chairman Hensley said he is leaning towards supporting Member Ed Newton, Jr.’s position. He thinks the 9,000 square feet of commercial space should be built. If not viable now then we should wait until it is viable. Member Mark Silverberg remarked that he does not want to punish the developer for what is a flaw in the zoning. He can see that there may not be a demand for commercial now but there may be one as time passes. He would be flexible, maybe build 3,000 square feet upfront and leave the right to build the rest in the future. Mr. Fran Zarette said if he had known that there would be a commercial deadline tied to the residential, done in phases, if it was stated in the bylaw, he would have made a smaller commercial space. He is now caught by marketing conditions. Mr. Zarette said he is not against the mixed use and commercial use but against the timing of when it needs to be built. Member Mark Silverberg said we must have commercial development tied to this residential development. We have to look at what is best for the town and tie it in for completion. Member Silverberg said he could be flexible on completion time of the entire commercial. He does not feel the need to put all 9,000 square feet up by the end of the project but he wants to see a substantial amount built and do the rest for a future later. Chairman Lester Hensley said what is being discussed tonight is the same discussion on February 3^rd. He had hoped for a number decided upon for the commercial space. Mr. Fran Zarette said he was willing to do 4,800 square feet up front with apartments above it and then will eliminate some of the cottages. Member Brian Bush agreed that Mr. Zarette should take the approval that the Board gives him and try to work with it. Member Brian Bush said he understands his new plan is substantially different so will live with it. If Mr. Zarette wants to modify or redesign the plan, he can come back to reopen up the hearing. Mr. Zarette recognizes there is a difference of opinion on the Minutes of Westborough Planning Board February 24, 215 Page 3 Planning Board. He has stated that he is willing to live with the restrictive covenant so he can begin to build. Member Brian Bush said he will stick with 3,000 square feet at unit #7 and subsequently more at final occupancy. The Planning Board discussed many scenarios with Member Ed Newton, Jr. being the most restrictive. Member Charlie Diamond said he is willing to compromise. What did you find about commitment with the dentist? Mr. Fran Zarette said he has contacted the dentist who is looking into financing. Member Mark Silverberg said you have 15 cottages which is roughly 24,000 square feet of residential space and 9,000 square feet or 27% commercial. Do we need all 27% now, is it necessary? An incremental approach would be better. 2,400 square feet of commercial at 7^th occupancy permit and then additional 2,400 later. Chairman Lester Hensley suggested a minimum of 3,000 square feet by the 7^th occupancy permit and then an additional 2,400 square feet by final occupancy. Member Mark Silverberg said he would give him leeway with a minimum of 2,400 square feet by 7^th unit and then an additional minimum of 3,600 square feet by final occupancy. Member Ed Newton, Jr. stated that he is sticking to his guns. He feels we are trying to push this through. He thought there would be a number settled on. He wants him to stick with the 50-50 approach on the commercial space and Mr. Zarette can come back. Member Brian Bush said he understands the issues but does not necessarily agree. He thinks the commercial space will eventually get built. Bay State Commons was built during the height of the real estate market and then the, market crashed. The residential units were auctioned off. Real Estate development is economically driven. Even the subdivision we recently approved, we don’t know that they will all be built. There are examples all over town of that happening. If we mandate completion constantly, we will never get phased or segmented projects built in town. Member Brian Bush said the mistake the Planning Board made with Toll Brothers was letting them pull out their commitment to the commercial piece of the project. If Mr. Fran Zarette starts this project and only gets to 6 units, he is within his rights not to have to build the commercial portion. Mr. Fran Zarette recognizes the issues of the board. How can we mandate him building the entire commercial? Member Brian Bush said he understands Member Ed Newton, Jr.s position, he won’t change his mind. If Mr. Zarette wants to come back, he will. Minutes of Westborough Planning Board February 24, 2015 Page 4 Mr. Fran Zarette said the residential can’t carry the project; you also have to do the commercial. To do the whole project we need to build. It is just the timing of it. Chairman Lester Hensley responded that this proposal does give him moderation, the two works together and maybe try to get half of the commercial done by the 7^th unit. Mr. Fran Zarette responded that the first half is not the issue, it is the final end. If we can’t finance the second half, it will be a disaster. There is no problem with doing the commercial before the residential is done, just not the whole 9,000 sf. He will take whatever he can get. There are a lot of uses by right he can do through Site Plan Review. This bylaw may distinguish itself and never be used again because not feasible. Chairman Lester Hensley remarked that the TOV is a good bylaw but this project is not necessarily the right area for commercial mixed use with residential. There has to be some ties of the commercial with the residential to balance the fiscal impacts to the town. Maybe you should wait for the right time. Mr. Fran Zarette responded that in the spirit of the TOV, this project when it first came in was 2 block buildings. Then he came up with a design the board liked “the River Walk”. He changed the plan and added in crosswalks, connected 7 different stubs, will supply a traffic light and nice walking paths. His original design for Westborough Village was beautiful. Part of the problem is because it is unique; you have to prove you can do it. When you load the commercial on with a time line, it takes away from the village concept. Chairman Lester Hensley remarked that he thinks Mr. Fran Zarette has been very positive but we lost sight of the fact that we were never going to get the commercial. We as a board need to revisit the zoning. He is willing to consider a compromise because of this. We assumed all the time that the commercial space was going to be built at the same time as residential. Member Lester Hensley motioned to amend Restrictive Covenant #5 in the decision on the language to say: “The Planning Board requires a minimum of 3,000 square feet of commercial be constructed prior to the issuance of the 7^th residential cottage occupancy permit and an additional minimum of 2,400 square feet of commercial space be constructed by the issuance of the 14^th residential cottage occupancy permit. The remainder of the commercial space may be built at the discretion of the developer. The motion was seconded by Member Mark Silverberg and 4 members voted in favor and Member Ed Newton, Jr. was opposed. Member Brian Bush motioned to approve the Special Permit #2014-1 T-OV as amended this evening of February 24, 2015. Member Mark Silverberg seconded the motion. Minutes of Westborough Planning Board February 24, 2015 Page 5 The Town Planner asked that he be allowed to speak. The Town Planner said that this Special Permit has a 2 year life that the developer must start work. Mr. Zarette must come back to the Planning Board for an extension if he has not acted on the decision. The long range view of the zoning was created in 2004 as a result of the Master Plan. At that time it was an idea to create a mix use project with residential to be built near the train station. Then Bay State Commons came about as a DPOD development with the commercial built first and the residential all sold. It has been successful. The same is true of the TOV. The market will determine when it will be built. This is not simply a residential development and the board needs to hold the line on it being a mixed use development. In the next two years, it will be a good test to see if Mr. Zarette can get financing. Mr. Fran Zarette said the logic of his newest plan was to make it more of a mixed use, rental component, commercial and residential all combined in his new plan that he might come back with later. The idea of a mixed use, commercial, rental and residential could be a viable project. The Town Planner said what the Planning Board is doing works. Mr. Zarette is giving this a long view. This may not be his project and he is under the mercy of the market and financing. The Planning Board just needs to keep the commercial trigger in this. We had a split on amending item #5. The permit is a living document. Member Mark Silverberg motioned to grant a waiver from Section IV, Section 5060.10, minimum separation between buildings on the same lot. The proposed building layout meets the requirement for 20 foot minimum between foundations of all proposed structures; however, some of the proposed covered porches and decks on the cottage units are within 2 feet of adjoining cottages. The reduction from 20 feet to 12 feet is appropriate as the buildings and interior living space meet the 20 feet to promote safety and privacy, while positioning the decks and covered porches closer together serves to reduce the scale of the central common area and promote interaction of residents when outside the privacy of their own cottage. Public safety will not be compromised with the granting of this waiver. The motion was seconded by Member Charlie Diamond and unanimously voted. Member Brian Bush motioned to approve the Special Permit decision #2014-1 TOV, Westborough Commons as amended tonight on February 24, 205. The motion was seconded by Member Mark Silverberg and unanimously voted. Chairman Lester Hensley said he wants to acknowledge that Town Planner Jim Robbins was nominated for the Thomas S. Green Public Service Award. Congratulations to Mr. Robbins. There will be a Presentation Ceremony on March 25^th. Chairman Lester Hensley said he wants to thank the Planning Board for the opportunity to serve on the Planning Board for the last 5 years. It has enriched his life. He wishes the Board the best. Minutes of Westborough Planning Board February 24, 2015 Page 6 Town Planner Jim Robbins thanked Lester Hensley and stated that it has been a great privilege to work with him on both the Planning Board and Economic Development Commission. His thought process and leadership has been a pleasure to be part of. Chairman Lester Hensley thanks Mr. Bill Spencer for being willing to step up to serve on the Planning Board. Member Brian Bush presented Lester Hensley with a gift to show the appreciation of the Planning Board. Member Brian Bush stated that it has been a pleasure to work with Lester Hensley. The Minutes of February 03, 2015 were reviewed and endorsed. There being no further business to discuss, the meeting adjourned at 8:00 p.m. Respectfully submitted, Sandy Spinella Administrative Assistant APPROVED: --------------------------------------------------- ----------------------------------------------------- Lester Hensley, Chairman of Board Brian Bush, Vice-Chairman of Board ------------------------------------- ---------------------------------- ----------------------------------- Mark Silverberg Edward Newton, Jr. Charlie Diamond