MINUTES OF WESTBOROUGH PLANNING BOARD
June 2, 2015
Regular meeting of the Westborough Planning Board held in the Forbes Municipal Building in Room 23, 45 West Main Street.
Board members present: Chairman Brian Bush, Vice-Chairman Mark Silverberg, Charlie Diamond, and William Spencer. Also present was Jim Robbins, Town Planner.
Board members absent: Edward Newton, Jr.
7:00 p.m.: Discussion with the Spur House Committee
Representing the Spur House Committee was Daniel Meservey. Others present were Tin Htway, Building Commissioner; Carl Balduf, Town Engineer; and three spectators.
Mr. Meservey explained that the Committee is in a gathering information phase and is asking for the Planning Board’s opinion on the Spur House and any ideas the Committee could use going forward for proposed re-uses or re-purposes of the property.
Mr. Silverberg said that he attended a Spur House Committee meeting and gave them his proposal. He explained that he would like to see the property sold with a preservation covenant of some kind to a buyer/developer to turn it back to a single family house. He felt that it has historic value to the Town and is on a historic street. He suggested that proceeds from the sale could be used to purchase the small business on Grove Street that used to be a dentist office, which is a 15,000 SF lot and has been for sale since 2011. He said the asking price is currently $299,000 and it may be a wash, depending on what the Spur House can be sold for. He said the lot is almost all paved and is almost level with the parking lot in back (of the Forbes Building) so they could go past the Explorer Post with
minimal paving.
Mr. Silverberg said the Town would still end up with a historic building that it probably does not need, but being a small brick building it may need less maintenance and if acquired, they could look at zoning relief to use 10,000 SF for parking and leave a 5,000 SF lot with the 1,100 SF building on it. He felt that a 5,000 SF lot is typical for that era and the Town could sell that and may end up with a net positive.
Mr. Silverberg then said that it is not the Spur House Committee’s mission to come with a solution for parking, but that is what he felt would be a solution to help the parking situation for the Forbes Building that is in close proximity. He felt that the Spur House has nice architecture and if someone did put money into it, but not the Town, it would be an impressive house.
Mr. Spencer asked Mr. Htway about the condition of the Spur House and what he thought about preserving it. Mr. Htway replied that the house is in poor shape and it would need a lot of work. He said it is not weatherproof; there is no accessibility; the heating and electrical systems are antiquated; and they found asbestos.
Mr. Silverberg said he did not think the Town needed the building but has heard that maybe it could be used as a Library annex. He did not think he could support the money the Town would need to make the building handicap accessible and usable; he would like to see it sold as is with a covenant so the buyer would preserve it.
Mr. Meservey said the Committee is looking for as many proposals as possible as to what to do with the house so they can present the different scenarios at Town Meeting. He said they wanted to get a general sense of what everyone’s thoughts were.
Mr. Robbins explained that if the Town chose or investigated Mr. Silverberg’s proposal to sell the house and surplus for residential user, then the Planning Board would have to go to Town Meeting to change the zoning to residential. He said it is surrounded by other residential properties so he did not think it would be a difficult change, but questioned if it is financially desirable to save that property. He said Mr. Htway has looked at the house a couple of times and has mentioned the problems the building has. He suggested to Mr. Meservey that the Committee may want to go out to bid (with the condition of a zoning change because it is currently zoned municipal) to see if there are any prospective buyers before the Planning Board proposes a zoning change at Town Meeting. He said if there are
no buyers, then the Committee could ask at Town Meeting for permission to raze the building. He said he likes Mr. Silverberg’s idea to sell it and take the proceeds and purchase the property on Grove Street.
There were no further comments.
7:12 p.m.: Continued discussion - Speedway Plaza
Representing Speedway Plaza were Attorney Mark Donahue of Fletcher Tilton, P.C., 370 Main Street, Worcester, MA; David Baker of R.K. Centers; and Joshua Swerling, P.E., of Bohler Engineering. Also present were Tin Htway, Building Commissioner; and Carl Balduf, Town Engineer.
Mr. Bush said that he understands that since R.K.’s last meeting with the Planning Board, they had a work session with some Town employees. He asked if they have seen the Board’s draft decision. Mr. Donahue confirmed.
Mr. Robbins asked if the representatives received Mr. Balduf’s revisions of the decision from yesterday morning. Mr. Baker replied no. Mr. Robbins handed out copies of the decision with the changes highlighted in red.
Mr. Donahue responded to the changes. He explained that they were asked to get easements, which they did get. They were also asked to do a search and determine if there were any mortgages on property because if there was a mortgage there was a potential that the easement could be wiped out. He said they did that and provided the information to the Town. He noted that it shows no current mortgage, but there is an old mortgage. He explained the reason they know it is an old mortgage is because there was a subsequent mortgage that was subsequently discharged; there was a missing piece of paper back in the chain with a bank that goes back to 1995. He said that happens on both properties so there is some work the owners need to do to clear up their titles when it becomes a concern of theirs.
Mr. Donahue then explained that there is also an issue with the two properties’ leases. There is one with Wendy’s and one with Bank of America that goes back to when it was Bay Bank. He said he cannot see the leases since they are not parties to those leases. He said this issue has been put on the table very recently, but they are prepared to endeavor to get affirmation from those owners that those are the facts; that they have the ability to grant the easement without violating the lease that they are party to and confirming that the old discharge is something that they are going to take care of.
Mr. Donahue said they are willing to undertake these issues but they cannot have their whole effort tied up to get that in some fashion. He explained that Wendy’s and Bank of America have given an easement assuming they have the right to do or they wouldn’t have given it to them. Also, Mr. Donahue said Wendy’s and Bank of America are in a perfect position to say no to his request, but he will try to get the information and use good faith to do it, but they are looking for their plan to be approved by the Board and begin the work. He said he cannot be committed that some stranger to this relationship is going to do something more than tell them no.
Mr. Bush discussed what if the easement is not viable or enforceable. Mr. Donahue replied that it is enforceable because of the property owner. Mr. Baker explained that the issue is Town Counsel has asked about if the tenant, not the owner of the land, objected. He discussed with Mr. Balduf that it has been his experience that the underlining landowner has a lease with the tenant to build on the parcel and operate, but the owner of the land signed the easement and the tenant, in his experience, would never have a provision in a lease to stop an owner from doing what they want to do. He said Town Counsel’s change came to them this morning so they haven’t had time to react to it other than calling the abutters.
Mr. Baker explained that they have a relationship with Wendy’s Corporate and with Bank of America and have less of a direct relationship with the two owners of those parcels other than introducing themselves to them to talk about the property and for zero money signed the easement giving the Town the easement for the water main. He said they explained to these landowners that there were two locations to bring this water main across Turnpike Road; the first would shut all the buildings down; the second keeps the main entrance open to the shopping center. So the landowners agreed to the easement.
Mr. Bush discussed that a standard lease agreement would not give the tenants any right to back out of the easement, which should be easy to ascertain and that could be shown to Town Counsel. Mr. Donahue felt that the lease would not be shown to anybody and the most they will do is affirm that they have the right to do the easement. He said it would be in the landowner’s best interest to clarify the old mortgages but R.K. does not have the ability to make them nor does R.K. have the ability to do it independent of them. He felt that there was no real risk for the easement right and the other cure is for the Town to take the land. Mr. Bush agreed that the Town could take it or go back to Plan A for the water main.
Mr. Balduf said if the water main cannot go through the Bank of America and Wendy’s, then ultimately they would need to go through the plaza. Mr. Baker felt that they had worked out a route for zero dollars that worked out for everybody, including the Town, and they shouldn’t be talking about it at this point. Also, he noted that Mass Highway is not happy about Route A at the main entrance and the Highway Director has called a meeting that he is not letting a water main go through the loop detectors of the intersection on Turnpike Road. Mr. Baker said he agreed to talk to him about the other route which is away from the intersection. He then explained that there was a meeting between Mr. Donahue, Mr. Balduf, and him to discuss any issues with the preferred route and sent that agreement to Town
Counsel who started changing it and he received the last change at 11:00 this morning.
Mr. Bush said Town Counsel weighs in on these matters for the Planning Board, so what sense would it make for them to not take his advice. Mr. Baker felt that R.K. would not get any work done this season because they would have to wait for another Planning Board meeting. He discussed that his boss wants to get this project going. He said he understands about Town Counsel, but R.K. is a private owner and did get the easement agreements and when they started this project the water main project was a potential possibility, which did get passed, but R.K. is ready to start their work now.
Mr. Donahue explained that they are not suggesting that R.K. is walking away from this and leaving it for the Town to take care of. He said they will endeavor to get written affirmation from the owners that there is nothing in their leases that says they cannot do it. He said that process has already started but they cannot have the R.K. plan held up now to close that loop.
Mr. Spencer said he refrains from making a comment because he was not here when they started this work, but he understands that the pressure is on R.K. to begin work. He said he has been to the last five meetings and first heard about this at the last meeting. Mr. Baker replied that R.K. was before the Board last year around July/August and said they wanted to start work April 1. He then sent an email to the Planning Board saying the plans are done and asked what they need to do.
Mr. Diamond said he was thinking about having them sign the decision conditionally, but can’t see doing that. Mr. Baker said they disagree with Town Counsel’s advice. He explained that he is a landlord of Bank of America and Wendy’s in other locations and he felt that there would not be a clause in that kind of a lease that would give a tenant the right to impact the landowner. He said there are things in leases about quiet enjoyment, but this falls within the right for them to do construction, but he is not privy to these two specific leases. Mr. Diamond said that they are not sure that they do not have a clause in their leases allowing the leasee to make decisions like that. He suggested that R.K. could get a letter from the landlord to give to Town Counsel. Mr. Baker replied
that they got letters from the landowners consenting to the easement. Mr. Donahue explained that the landowners have granted the easement so if it was a violation of the lease agreement they would not have signed the easements. He said the landowners have no reason to violate their leases, so clearly by granting the easement, they have already determined that they are in compliance with their tenants.
Mr. Diamond asked Mr. Balduf why Town Counsel would want this. Mr. Balduf replied that Mr. Baker and Mr. Donahue have presented this as he envisioned. He explained that the Town will borrow the money to do the project (water main) and will be under scrutiny so there may be the same question asked down the road.
Mr. Silverberg asked Mr. Balduf what rights the Town has now to put the water line across this property without an easement. Mr. Balduf replied that they would have to go another route. He explained that the Town has existing rights down Indian Meadow Road, on Otis Street, they would need to ask the State to put it on Turnpike Road, and there is an easement going to the Otis Street well. Mr. Baker explained that this preferable way is a short-cut and saves the Town money. Mr. Silverberg said if R.K. was not in asking for a change, the Town would be asking them for an easement, so why would the Town go to R.K. to get easements from the Bank of America and Wendy’s sites since they are separately owned. Mr. Balduf confirmed that the Town would have gone directly to the owners. Mr.
Silverberg questioned why the Town would put the burden on R.K. to get an easement across the other properties. Mr. Balduf explained that they would have gone through R.K. and it was R.K.’s preference that the Town go this route through the abutting property owners and stay away from the entrance.
Mr. Silverberg asked if the Town went through the main entrance route would they have to do a taking if R.K. did not give them the easement. Mr. Balduf confirmed. Mr. Silverberg said but they would not give them the easement because it would shut them down for six months. Mr. Balduf said they did not get that far and that in the fall hearings R.K. offered a different route if they could not get the easements. Mr. Silverberg felt that if it were not for the water main project, they would not be holding up R.K.’s roundabout and landscaping project. He said Town Counsel wants them to investigate the leases on land not owned by R.K. and they are holding up R.K.’s project which he does not agree with.
Mr. Silverberg reviewed that the Town has made concessions to the previous owner of R.K. Center’s property to help the plaza. He said he just doesn’t see why they are holding R.K.’s project up because if the Town did not need the water line they wouldn’t hold it up at all.
Mr. Silverberg asked how far R.K. can guarantee the easements. Mr. Donahue replied that the easements have been granted; the actual easement documents have been executed by the owners and have to be signed by John Walden and be recorded at the Registry of Deeds. He explained that Town Counsel is saying that maybe the tenants may have some issue and he wants to remove any doubt.
Mr. Balduf explained that Town Counsel did not just bring this up. He said they did not receive the title report until Thursday morning and it was then sent to Town Counsel. The title report basically noted that there were two things outstanding against the title; notice of lease on both properties and mortgages on both properties. He said that is why it was brought up. He reiterated that the Town will go through Bank of America and Wendy’s property because that is where R.K. wanted the Town to be and they said they will help to get the Town there. Mr. Baker discussed that the Town could bring the water main down Turnpike Road, take a left onto Otis Street and never touch R.K.’s property, but because of R.K.’s project and the Town’s water main project, he offered to work with Mr.
Balduf. He discussed the various options and the process they went through to get the easement documents for the preferred water line route. He felt that Town Counsel’s scenario is possible, but it is very remote that a tenant is going to stop the water main project. Mr. Silverberg noted that the Town would then have the ability to exercise eminent domain.
Mr. Donahue reviewed with the Board his revisions to paragraph 7 of the draft decision. He said he struck a couple of provisions and added to the end the words, “shall endeavor to obtain written confirmation from all owners that there are no encumbrances which will interfere with the Town’s use of the easement.” He said he has discussed the concept of the affirmation letter with Town Counsel and he will send the draft letter to Town Counsel before sending it out to anyone.
Mr. Robbins asked Mr. Baker if he has anything in his lease with Chick-fil-A that would prohibit legally from running a water line through their property. Mr. Baker replied that Chick-fil-A is such a new tenant and the lease was executed by the prior owner which R.K. inherited. He said there are quiet enjoyment clauses in all leases but those do not preclude emergencies or utility work, it just means they cannot shut the properties down. He said the whole route was designed to minimize the shut down of circulation on the site by putting it on the property lines of the two parties. Mr. Robbins explained the reason he brought this up was if there was some reason they could not go through Bank of America, they may be able to go through the back part of R.K.’s parking lot and then down the
Chick-fil-A property line. Mr. Baker replied that first, he does not know what Chick-fil-A’s lease says and second, the route Mr. Robbins suggested is through the business end of the shopping center and he thinks it will be the same problem.
Mr. Bush felt that the mortgage issue can be cleared up easily, but as Mr. Balduf points out, there is a potential issue with the title and the removal of the language on the decision that Mr. Donahue has proposed is standard easement language. Mr. Donahue replied that if they were asking for an easement from R.K. then he would use standard language, but when they are asking R.K. to get an easement from somebody who has no dog in the hunt, that is not standard. He said it is not standard, first of all, for the Town to ask them to do it. Mr. Bush explained that it is not standard, but there is a benefit to everybody involved if the entrance road does not get shut down, so they are a dog in the hunt. Mr. Bush felt that there is a potential issue that they can work to resolve and it is unfortunate
that it is at this late date. He noted that the Board did not see R.K. in the winter months when they could have worked this out.
Mr. Baker discussed his timelines and how everything was going smoothly because this preferred route was working out and they got the easements. He felt that Town Counsel is overreacting. He then discussed how he is working together with Mr. Balduf and his water main project.
Mr. Donahue discussed that there is a lot of work involved in getting a good clear record and marketable title, which is out of R.K.’s control. He said the Board is bringing someone else into the mix; adding conditions; and because R.K. had volunteered, they are getting whacked because of it. Mr. Bush said the benefit of the easement for the Town is actually to have a free, clear title; otherwise, the easement is useless. Mr. Donahue discussed that the landowners voluntarily granted an easement and the tenant does not have to sign off on it in any fashion. He suggested taking the concept of an easement out of this and R.K. will do their work and they will either get this done or the Town will do the taking in what fashion the Town thinks is appropriate and R.K. will exercise their rights too. He said they came offering this to everybody and now it will cost them the 2015 season and it has nothing to do with their project. He said they will keep trying to clear it up for the
Town, but if that is not good enough, he suggested deleting paragraph 7. He did not think the Board could require R.K. to get something from their neighbors as part of the Special Permit.
Mr. Silverberg discussed that the preferred route is Exhibit B and asked what was Exhibit A. Mr. Swerling explained that Exhibit A was generated because they were not sure how fast the water line could go in and if that work could happen before the roundabout was built it might make all the sense. Mr. Baker said that Mass Highway has already said that Exhibit A is not happening. Mr. Balduf said he was not at that meeting but he believes they could solve that problem by going around the loop detectors. Mr. Silverberg said he believes they can settle the mortgage and lease issues and he doesn’t understand why they are holding up R.K.’s project.
Mr. Diamond felt that if the Board approves the decision with the modifications to paragraph 7 then found out after the fact that the leasee has some right to object, then the Town could take the land for the easement. He said it feels like the Planning Board has been asked to be an arbitrator and he does not feel like he is in a position to say anything. He also said he does not want to go against Town Counsel, but he would like to sign something to let R.K. do their work.
Mr. Silverberg said when the Applicant says they will endeavor to clear up the issues, he is not really confident that will happen because of what happened with the access road. However, they are asking this owner to obtain rights, and now guarantee those rights, across another parcel in order to get this project done and he just does not agree with that. He felt that they should be moving the project forward but they are letting two minor details on parcels that are not controlled by the Applicant hold them up.
Mr. Bush recommended that the Board incorporate into paragraph 7 the proponent’s suggested change, which he read to the Board. He said he feels that the Applicant has made a good faith effort to try to accommodate something for the Town and that the Town has other options to obtain water line easements should that be necessary. Mr. Balduf said if the Board goes with that he is not sure why R.K. Westborough is being freed from supplying the original language of a good, clear, marketable title. He said R.K. said that they could and will and he does not think R.K. should be removed from that. Mr. Bush said they would need to modify that language further. After some discussion, Mr. Donahue suggested to add at the end of paragraph 7 the words, “not withstanding, R.K. Westborough, LLC’s title
as granted shall be good, clear, record and marketable relative to the easement.”
Mr. Robbins explained that this matter is a non-material modification and does not require a public hearing and the reason the Board can do that is because of the condition stated in the Findings, number 3, page 2, which states that the Board does not need to hold a public hearing if they find that the change is keeping with the latitude of the original Special Permit. He then reviewed the draft Special Permit with the group.
MOTION: Mr. Silverberg moved to approve the modification of Special Permit 5-10, Speedway Plaza, 290 Turnpike Road as amended this evening. Mr. Spencer seconded as amended and it was so voted 4-0-0.
Mr. Robbins explained that there is no appeal period and that he will file the Special Permit with the Town Clerk.
After some discussion, Mr. Balduf noted that the Town does have options for the water main and do not have to go through any private property. He said they can go by the right-of-way but he is trying to save the Town money.
8:30 p.m.: Discussion on extension for the DPOD Zoning District
Mr. Robbins explained that he kept this on the agenda to discuss if there was progress made. He reviewed that at the last Planning Board meeting they had both the School Committee and Board of Selectmen attend. The Board of Selectmen endorsed the Planning Board’s proposal and the School Committee wanted to reserve any comments until the results of the School Enrollment Study. He said the fact finding for projected school aged children is done and they have found a dramatic difference between single family homes and apartments in the downtown area. Also, they found differences in townhouses and apartments not in the downtown area versus those in the downtown area. He said he presented that data to the Board about a month ago and it has not changed. He suggested that they set a date for
a hearing because the School Enrollment Study will be done by June 30, but he thinks it will be done sooner. He said the findings will then become public in July, so he suggested having another joint meeting with the School Committee and Board of Selectmen in July, and then hold a public hearing the first week in August in case they need multiple meetings.
Mr. Bush questioned the timing to get this done. Mr. Robbins replied they wanted to get this done in September, so the Planning Board should be done with their hearing in August in order to give them the Board’s recommendation. Mr. Robbins suggested having the joint meeting at the Board’s second meeting in July.
Mr. Bush suggested that the Board look at what the maximum build out would be in the parcels that are affected. He explained there are two large parcels, Arturo’s, which is across the street from Tufts, and Downtown Crossing, which is next to Tufts. He said Colonial Plaza is on the other side of Tufts but is not as big as the other two. He said he told Mr. Malloy that he would look at what might be a potential build out as well as favorable tax impacts to the Town. He also noted that Mr. Waterman has done some work with the people at Tufts that he would like to share with the Board and that would constitute a good portion of what the Board will present to the Town.
8:35 p.m.: Meeting Schedule
The members discussed meeting on June 16, July 7, July14 (at the BOS meeting), and August 4 (public hearing). Mr. Robbins offered to check on meeting with the BOS at their meeting on July 14. No meeting will be scheduled on July 21. If they need a continuation of the public hearing, it will be on August 18.
Mr. Robbins explained that Mr. Malloy asked him to have the article ready early because the Warrant will be set at the first meeting in September. Mr. Silverberg noted that the Planning Board will be meeting September 1 so that would give them two meetings to make changes and vote on the article.
8:40 p.m.: Future Zoning Articles
Mr. Robbins discussed that the Historical Commission has been willing to give up authority for signage approval wherever Design Review approval is also necessary. He explained, for example, if a project came in for the Downtown Business district and they wanted to change windows, doors, and a sign, then the Design Review would handle the whole thing, including the signage. If a project came in for only a sign, then the Historical Commission would approve it. He said that in both cases they will have only one set of regulations, so the Historical Commission will amend their regulations, and along with Design Review, present those regulations to the Planning Board for approval per the zoning regulations. He said those regulations will become the Planning Board’s application standards. He
noted that this requires many changes to the Zoning Bylaws and they have been struggling with the language for a couple of meetings but they are at a point now to show the Board something.
Mr. Bush asked if there were other articles. Mr. Robbins discussed that Mr. Htway may want to have a zoning article for accessory apartments. Also, he had talked to Mr. Newton about organizing a group for East Main Street and the continuation of the Gateway District. He suggested that they should not create a separate district, but just continue the same Gateway and have the same rules. He said that will be on if Mr. Newton gets back to him. He then discussed abutters in that area that would be affected. He noted that the Board would not have to write any regulations for this change; they would only have to extend the map.
Mr. Htway said the accessory language has not been drafted yet, but he and Mr. Lundberg will draft the language.
8:44 p.m.: Approval of Minutes
Mr. Silverberg asked to vote on the minutes of May 19, 2015.
MOTION: Mr. Bush moved to approve the minutes of May 19, 2015. Mr. Diamond seconded the motion and it was so voted 4-0-0.
8:46 p.m.: Discussion about Street Lights
Mr. Robbins explained that this goes back ten years when John Walden and he put together a presentation they gave to the Civic Club who thought it was a nice project but was concerned about the cost and told them they needed more donors. They presented the project to the Rotary Club which was also concerned about the cost. He said the project will cost about $200,000 and so it was shelved. Later, the Town Manager got involved and they interviewed several suppliers in hopes that they could get the price down. Then, the Toll Brothers came to them and wanted to do the work at the Veteran’s Freedom Park and said they would rather give the money as a gift to the Town for any construction elsewhere in Town, so they now have the money for the street lights.
Mr. Robbins said they went back to the three lighting contractors with a general design of what they wanted. He said they knew there was an area that needed to be covered and they knew what kind of light coverage they need because they want to overlap. He said the big cobra heads that are there now do a good job of lighting the downtown area, but they do not light the rotary. He noted that a photograph shows that previously there were four streetlights at the rotary. He said they would have to increase the number of streetlights and that these lights will be 16 feet high with a banner arm so that the Town can change out flags for certain events during the year. The lights will have an acorn style finial on the top that looks very much like the Bay State Commons lights, but the integrity of
the pole will be stronger.
Mr. Robbins said they found a vendor, Sternberg Lighting, which will be supplied by Omnilight, and they came to an agreement on a cost for each light. He said the installation will be dovetailed with the sidewalk replacement program and they will need to provide a new electrical conduit because the West Main Street conduit does not go down the sidewalks; it zig zags across underneath the pavement. He explained that they will disconnect the existing conduit and will run a conduit themselves down the sidewalk. He said the project will commence sometime during the summer and Mr. Malloy notified the merchants on the affected streets, which are West Main Street (rotary to Church Street); East Main Street (rotary to the bridge); South Street (rotary to Cottage Street); Milk Street (rotary to the Fire Station). He said existing cobra lights will be replaced by a new street light and a complementary light will be further down the sidewalk. Also, if a cobra light in on a utility pole,
the fixture will also be on the utility pole with a new arm. So, they should have better light coverage than they have now but will have more light poles. He then explained the height of the poles was determined by the height of the buildings at West Main Street where there are residential tenants above the first floor. He said the lights will have a dark sky’s cap on the top and a shield on the back.
8:51 p.m.: Discussion about Open Space Committee
Mr. Silverberg said they will be having an Open Space meeting on either the 10th or the 17th. He explained that the Committee is looking for ways to add money to the fund. He said they are reluctant to spend any of the money in the fund because it is not replaceable, so they would like to have a mechanism in place to grow the fund on a regular basis. He noted that they currently have $779,000 in the open space fund but that may not be enough depending on what they want to buy. He discussed different ways of raising funds from developers or putting an optional surcharge on every building permit.
Mr. Silverberg discussed that he would not want to see a situation like with the Veteran’s Freedom Park where the whole parcel is restricted open space; and would have preferred it to be about 90% open space, and have an acre left without any open space restriction so that they could have something like a pavilion or tennis courts.
Mr. Spencer asked about the Bike Committee funding. Mr. Silverberg replied that the Bike Committee has asked the Open Space Committee to fund some of the engineering of their easements, which they supported about $40,000 out of the fund and the Town had agreed to that. He said he is looking at the 61A parcels, which he explained are agricultural parcels that have discounted taxes and if they change from being agricultural then the Town has the right of first refusal. He felt that the Committee should be ready to purchase if they ever do come out of 61A. He would like to grow the fund so that they would not have to ask the Town for money if a property becomes available.
MOTION: Mr. Silverberg moved to adjourn. Mr. Diamond seconded the motion and it was so voted 4-0-0.
The Board adjourned at 9:02 p.m.
Respectfully submitted,
Joanne Morris/Administrative Assistant
APPROVED:
--------------------------------------------------- -----------------------------------------------------Brian Bush, Chairman of Board Mark Silverberg, Vice-Chairman of Board
------------------------------------- ---------------------------------- -----------------------------------
Edward Newton, Jr. Charlie Diamond William Spencer
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