Town of Westborough, MA

PB Min061615


	WESTBOROUGH PLANNING BOARD June 16, 2015 Regular meeting of the Westborough Planning Board held in the Forbes Municipal Building in the Room 23, 45 West Main Street. Members Bush, Silverberg, Newton, Jr., Diamond and Spencer were present. Meeting dates: July 07, 2015 At 7:00 p.m. the Board prepared to discuss with Toll Brothers progress at Westborough Village on site construction and phasing: Mr. Shawn Nuckolls and Derek Wheeler representing Toll Brothers were present for discussion. Mr. Shawn Nuckolls gave the Board an update on the project stating that the original Special Permit was for construction of 276 units under the T-OV zoning for a village which began in 2012. To date we have sold 218 units and 38 are already occupied. We are here tonight to discuss the construction process. The common areas and pedestrian/bike path are under construction. The approved Phasing Plan requires that the bike path be constructed during Phase 2C but they would like to complete the bike path as they build Phase 3. There is too much construction going on to open the bike path. It was previously agreed upon that under the Phasing that building permits were subject to release after substantial completion of the Park in that Phase, to the satisfaction of the Town Engineer, and that each park had to be complete prior by the finish of phase before permits could be released. Mr. Nuckolls said he would like to post a bond in the amount of $128,502.00 for the last park in order to get lot releases for Phase 3. As of June 10, 2015, all parks in Westborough Village are substantially complete with the exception of Algonquin Park. We would also request the release of bonds associated with Classical Park. This has been reviewed by the Town Engineer The Town Planner said that Mr. Carl Balduf, Town Engineer sent us an email dated June 16, 2015 agreeing with release bonding for Classical Park and acquire new bonding in the amount of $128, 502.00 for Algonquin Park. The DPW has required Toll Brothers to bond all offsite work including the Shared Use Path in the amount of $405,000 for the path. Mr. Balduf agrees with Toll Brothers argument of not constructing the path because of construction activity. He would like to require temporary signage be erected where the gate once was and on the side of the access to the Water Treatment Plant road. Language for the signage would be cleared through DPW. Chairman Brian Bush asked is there only one building not released? Mr. Shawn Nuckolls responded yes, just one residential building and then the commercial building. We do not want to complete the park during the construction. We will absolutely finish it once people move in. Chairman Brian Bush asked the Board if they had questions on this. Minutes of Westborough Planning Board June 6, 2015 Page 2 Members Bill Spencer and Charlie Diamond had no questions. Member Mark Silverberg commented that he does not see anywhere in the Phasing Plan as to when the commercial building is to be built. Mr. Shawn Nuckolls said that the commercial building is part of Phase 3. We are working on determining the use and when to start. The market wants more houses to be there. Member Mark Silverberg said the Special Permit was very clear that this is a mixed use and was not just for residential. He personally is reluctant to let you finish all the residential without any details on when the commercial building is to be built. Member Silverberg said he is concerned it will not happen if we release everything. Mr. Shawn Nuckolls said they intend to either build the commercial building or find someone to buy it who will build it. We are just requesting to be allowed to build the remaining residential out and then finish the park. Member Mark Silverberg said he went back through the minutes from when this project was approved. The minutes reflected that the commercial building is part of Phase 3 and to be completed before the end of Phase 3. Mr. Shawn Nuckolls agrees. It will be the last thing built under Phase 3. Member Mark Silverberg said that Mr. Fran Zarette tried to negotiate for access across your residential portion of the project. It is an important part of the intent of the T-OV to connect neighborhoods. He does not feel the spirit of the bylaw is being met. He wants to see these two projects connect. He wants to see neighbors intermingle between the projects. Mr. Shawn Nuckolls said he does not have the control to modify this plan. He has an existing Homeowners Association that has to approve everything. He already talked about this with them and it did not go over well. He has to have a super majority from all the homeowners. The commercial parcel is ANR separated and not part of the Homeowners Association. That is why it will not be a problem making the connection between the two commercial properties. Member Ed Newton, Jr. said he had no questions. Chairman Brian Bush commented that we received an email review from Mr. Carl Balduf, Town Engineer. He is okay with their bond numbers. Mr. Balduf mentioned the Shared Use Path part of the project and said that there should be signage where there is construction activity being done. The Town Engineer agrees with their thoughts of not constructing the bike path while construction is occurring but recommends adding signage. Minutes of Westborough Planning Board June 16, 2015 Page 3 Mr. Shawn Nuckolls said he has no problem with adding signage. We are actively building the path now. We will be starting the stone wall soon. The Town Planner said he agrees with the Town Engineer on establishing a timeline. If Toll Brothers feels they can have all this done by October, then we will put that in the vote and if they can’t meet that deadline come back before the Planning Board. Mr. Shawn Nuckolls said there is a separate completion tied to that where they can’t get occupancy in 2C until that is done. We need to complete this building and then the bike path can be complete. Member Ed Newton, Jr. asked how many people go into the construction site. Mr. Derek Wheeler responded not many during the day but they have a lot of residents that walk it at night, so when the bike trail is open, we anticipate that the homes along the trail will be complete. We are fully aware of the importance of the commercial building. Chairman Brian Bush said that Member Mark Silverberg’s sentiments are that you were first. He understands the Homeowners Association can make it difficult. Member Ed Newton, Jr. motioned to approve the request by Toll Brothers in a letter dated June 11, 2015 asking for a bond to be set in the amount of $128,502.00 to cover the remaining improvements within Algonquin Park and to allow issuance of Building Permits in Phase 3. Member Bill Spencer seconded the motion and it was unanimously voted (5-0). The Town Planner asked that the Board vote on the request for the bond release separately. Member Ed Newton, Jr. motioned to release the bond held by the Town Treasurer for Classical Park in the amount of $137,858.00 as sited in Toll Brother’s letter dated June 11, 2015. The motion was seconded by Member Bill Spencer and unanimously voted (5-0). ANR Plan: Mr. Paul Baptiste came forward to discuss an ANR Plan for Belknap Street representing Mr. John & Cynthia Arnold. Mr. Baptiste said that Mr. Arnold is creating Parcel A consisting of 5,369 square feet to give to his son to add to his land as a use easement. There is a note on the ANR Plan that states that Parcel A is not a building lot, but is to be conveyed to and annexed with adjoining land to form one undivided lot. Because we are not creating a new buildable lot, Mr. Baptiste asked for a waiver from the $50 for a new lot fee. In summary, this plan involves the transfer of a small parcel at the rear of one lot to an abutting lot to form one contiguous lot. Minutes of Westborough Planning Board June 16, 2015 Page 4 Mr. Baptiste said there will be no new construction intended on either lot. The fee schedule was created for new lots for new construction. Mr. Paul Baptiste said the remaining Lot 1 is 1.15 acres. The Town Planner reminded the Board that it is up to them on waiving the fee. Chairman Brian Bush said he has no issue with waiving this fee. Member Ed Newton, Jr. motioned to waive the new lot fee for the ANR Plan on Belknap Street for John and Cynthia Arnold. The motion was seconded Member Mark Silverberg and unanimously voted (5-0). Member Mark Silverberg motioned to endorse an ANR Plan entitled “Plan of Land in Westborough, Massachusetts, owned by John & Theresa Arnold” dated June, 2015 on Belknap Street. Member Charlie Diamond seconded the motion and it was unanimously voted (5-0). At 7:20 p.m. the Board discussed a new Tree Removal Plan and landscaping for Westboro Executive Park located at 110, 112, 114 Turnpike Road: The Town Planner stated that Westborough Executive Park located at 110, 112, and 114 Turnpike Road is under new management, Jones, Lang and La Salle. They would like to thin out overgrown trees and landscaping in the office park. He had Derek Saari, Conservation Agent/Assistant Town Planner go out and review they proposal for tree removal and landscape plan. The Town Planner said there is a reduced copy of the plan attached to Derek’s memo dated June 09, 2015. The trees on site are mature honey locus. This was an aggressive planting plan in 1986. There have been no landscape amendments since 1986. The trees are all mature and overgrown which will restrict further growth and some trees are dying. The new owner started doing selective removal of trees but a tenant reported this to the Planning Board. The plan shows some trees that were removed around 110 Turnpike Road. We told the owner in order to do tree removal you must first come before the Planning Board with your proposed plan. The Town Planner said he agrees with the trees they want to take down. 110 is a beautiful building and right now there is hardly any sun that comes in to it due to too many trees. He is in favor of this proposed tree removal plan. Chairman Brian Bush noted that by the time Jones, Lang, La Salle got caught removing trees, 110 is almost all yellow showing removal of trees. He actually drove out there and looked at this. It is fine the way they are going to do this. Some owners feel that it their property and they can do what they want. They have a hard time understanding the Town has laws that do not permit this. Minutes of Westborough Planning Board June 16, 2015 Page 5 Chairman Brian Bush said if they were asking to takedown more, he would require a bond, but where they are trying to clear to keep overgrown and dead trees, this is okay. Member Mark Silverberg said he finds it unlikely that a company like Jones, Lang, and LaSalle would buy a project and not know they would have a process with the Planning Board. Maybe we should be notified when companies change hands. And then we could notify new owners of their responsibilities. The Town Planner said that is a good idea but the Assessor does not receive this information right away on business turnovers. It usually takes more like 30 days. Chairman Brian Bush said there should be a question of what has to be maintained as they move along. What is specified on a plan will not look the same as it did on a plan in 5-10 years. The spirit would be to say no obligation is wrong. How do we get a reasonable compromise? Member Bill Spencer said notifying new people, is a good idea. People have told him since he is now on the Planning Board that they are furious about trees coming down around Sandra Pond. Chairman Brian Bush said that tree cutting was a vote of Town Meeting for removal of trees around Sandra Pond. Member Bill Spencer said that trees are an important thing to people in town. Chairman Brian Bush said you can go from one town to another and see what it looks like to mandate trees be planted versus all asphalt. Member Bill Spencer said this will come up again when the trees come down around the state hospital property. Member Mark Silverberg pointed out that you will have to have a public hearing to take some of those trees down. Chairman Brian Bush continued that they have to be properly advertised for the public hearings. But once they come down you can’t put what was there back. Member Mark Silverberg motioned to approve the Tree Removal request in a letter dated 06/09/15 for Westboro Executive Park located at 110, 112, 114 Turnpike Road as shown on a plan entitled “Westboro Executive Park” dated 06/09/15. The motion was seconded by Member Bill Spencer and unanimously voted (5-0). At 7:25 p.m. the Board reviewed a request for erosion control bond release in the amount of $5,000.00 for 38 Chestnut Street: Minutes of Westborough Planning Board June 16, 2015 Page 6 The Town Planner stated that Mr. Khaja Shamsuddin, developer has asked for the return of his erosion control bond in the amount of $5,000.00 on 38 Chestnut Street. The Town Engineer has sent a letter dated June 11, 2015 stating the site is stable and he has no objection to the release of the $5,000.00. Member Mark Silverberg said he went out to the site and there is a guardrail to the left where it is all grassed, seeded and loamed and then to the right of the driveway, there is no seed that has taken. He is concerned about possible erosion thee. Mr. Shamsuddin said the owners of 38 Chestnut Street had a landscaper come in to do the landscape work. When he was in charge of the lot, there was grass. Member Ed Newton, Jr. said he does not know if it is still Mr. Shamsuddin or the homeowner’s responsibility. Mr. Shamsuddin said it is not his responsibility and this is why the Town Engineer is okay with the release of his funds. Member Charlie Diamond said he is a little concerned but will go with the recommendation of the Town Engineer. Mr. Shamsuddin said it was loam and seeding done last year but the owner hired a different landscaper. Chairman Brian Bush said last week there were trees that came down at that location; logs were left on the site. The Town Engineer is very fussy and if he is recommending letting this bond go, then it is fine with him. Member Charlie Diamond motioned to release the erosion control bond in the amount of $5,000 for completion of earth work for 38 Chestnut Street based on a letter from the Town Engineer dated 06/11/15. The motion was seconded by Member Bill Spencer and unanimously voted (5-0). At 7:30 p.m. the Board reviewed a request for erosion control bond release for a Modification to Special Permit #96-1 on Berkshire Bank, Phase II located at 303 Turnpike Road in the amount of $10,000: Member Mark Silverberg remarked that he went to the site and it is very nicely landscaped. The Town Planner said he made a site inspection about two weeks ago and the landscaping is installed and stabilization has been achieved. He found no evidence of site erosion or other Minutes of Westborough Planning Board June 6, 2015 Page 7 issues. They did some substitutions with plant species but they are better choices than what we asked for. Member Ed Newton, Jr. motioned to release the erosion control bond for a Modification to Special Permit #96-1 on Berkshire Bank, Phase II located at 303 Turnpike Road in the amount of $10,000. The motion was seconded by Member Mark Silverberg and unanimously voted (5-0). At 7:35 p.m. the Board continued discussion on extension of the DPOD Zoning District and other future zoning articles: Chairman Brian Bush said there will be another joint meeting with Selectmen and School Committee on June 30^th at the Fire Station. Member Charlie Diamond gave an update on the School Population Committee saying their criteria are to minimize the children population in apartments and houses. The School Board feels comfortable with the study that was done. It has shown that depending on parking, affordability, limiting number of bedrooms and open space are all factors that influence families moving into a unit. If you restrict 2 bedrooms or less and there is not much parking available, it keeps the child count down. Affordability is also a big factor. The School Committee is now supportive of the expansion of the DPOD District and will inform or update the remaining members of the School Committee. This will help with concerns of overflow over the next few years. They will look at the short term to address immediately. The Town Planner said that the meeting on June 30^th will be broken up into 4 parts. The 1^st part is the overall purpose of the school population study which will be presented by the Board of Selectmen, George Barrette; the 2^nd part is findings and he will do this, the 3^rd part is reason and usefulness of the study which will be presented by the School Committee and lastly the 4^th part will be done by the Agency who did the study and will be an in-depth analysis of the study. The Town Planner said in his segment he will talk about where the Planning Board came from, where we are and what our intentions are. He wants to tell anyone that we have not planned any outcome but responded to the data. The study covers from 2004 to 2024. The downtown trend remains the same. It would seem to support a mixed use development if it does not require affordability, no parking, 2 bedrooms or less. We need to keep down the parking. If you continue this trend and restrict bedrooms to no more than 2, it will be good. Westborough Woods is 25% affordable, a 40B project. Chairman Brian Bush said the State wants 40B projects. Towns can’t lock out affordability units. When you start to do this, the 40B creates affordable living. Town’s recognize that they Minutes of Westborough Planning Board June 16, 2015 Page 8 have to live with the 40B statue. Town’s in the past partnered up with developers to make certain amounts of 1 and 2 bedrooms. The State stepped in and said you can’t do this. The Town Planner commented that this is what we are up against until 40B is amended. The East Main Street Senior Living Overlay project was designed to be affordable by income. When the property developer was denied affordability due to definition of a kitchen, it became an unaffordable community. DHCD stated that residents must be provided the option to cook. So the project was denied from being a 40B project. Chairman Brian Bush said to get on the meeting agenda for July 14^th Board of Selectmen meeting on continued discussion of the DPOD. Also request that the School Committee is there too. Chairman Brian Bush said we will try to have the public hearing in August. When must the article be written to go to the Town Manager? The Town Planner said the article must be written at the end of this month. It will be written the same way as the original article. The only difference will be the map. All the abutters will be notified. The Town Planner said another article could be the extension of the Gateway 2 District. We will ask property owners in to the July meeting about the extension of the Gateway district. Member Ed Newton, Jr. said he has spoken to people involved in this area who would like a work session instead of a public meeting. The Town Planner said we also need to include 3 or 4 houses on Lyman Street. We need to reach these people and talk to them and anyone else that will be affected by this extension of the Gateway 2 District. The Town Planner said that progress with the Joint committee on Signage is that these changes to the signage are only downtown and do not include the Highway Business District... The Minutes were reviewed and approved for June 2, 2015. Update on State Hospital Committee: Chairman Brian Bush said the Committee recently did a site walk of the grounds for designated uses and what they will be. We put some town owned parcels into different categories (passive and active). The soccer fields, Parcel C (15 acres) could be active recreation but not a building area. Parcel A would be unbuildable except for a building for boats; Parcel B would keep Minutes of Westborough Planning Board June 16, 2015 Page 9 the shorefront vegetated. Parcel E is protected by National Heritage (open space). Unlabeled parcels would be for potential development. We will be starting public hearings in a month. Member Charlie Diamond asked if there are any details on Parcel A for use of kayaks. Chairman Brian Bush said maybe there will be rentals through the Recreation Department. There is vehicle access down there and there is a public launch on the other side. No power boats are allowed, only canoes, kayaks and sailboats. Town Manager Jim Malloy, the Town Planner and himself met with Mr. Anton Nell to hear his ideas of a conference center, maybe a movie set. We are still trying to hear envisions from people. The town can work with their parcels. Member Bill Spencer said this is a great project and he would like to be involved in it. Member Charlie Diamond asked what about cross country skiing around the lake in the winter. Chairman Brian Bush stated that Mr. Anton Nell talked about building a hotel and then provide a trail network where the guests could walk the lake, hike, cross country ski, mountain bike, etc. Member Mark Silverberg said the big thing is money for the recreation center. For the development parcels we would need funding back to help with the recreation center. Member Silverberg said he likes the way it has been laid out. Do we look for one developer for both buildable parcels? Chairman Brian Bush said he encourages the Planning Board to come to these meetings. The unknown factor will cause a developer to not want to put up money. We need to get a survey done on what is in on the buildings. Town Manager Jim Malloy feels that development is right for this time and we should get good pricing. If we want to put this out all at once we should have a minimal acceptable bid and wait to see what we can get. Member Mark Silverberg asked why we have to sell any of it. Chairman Brian Bush said this property is costing us 2.2 million dollars. There is the intent when we purchased the property that some would be developed to allow the town to get back some of its money. The biggest urgency is the old buildings get worse by the day. That is the time crunch element. It could take 5-6 years for moving the residents out of the Allen Building. Update on Nathan Fisher House: The Town Planner said a Wellness Center won the bid. Items that help determine this were the bid price, tax revenue, development proposal, financial side, social and environmental impact, traffic impact and also saving or demolishing the house. There were five bid offers. Minutes of Westborough Planning Board June 16, 2015 Page 10 The Town Planner said that we received two applications from Premium Property Management who submitted 2 different proposals; one proposal is to dismantle the Nathan Fisher House to salvage the historic materials and reincorporate them into a new office building; and the second proposal is to save and renovate the Nathan Fisher House and add a new office building adjacent to it. The second proposal came from Linda Townsend on behalf of Release Well-Being Center, LLC which is a wellness center. The third proposal was for professional office space and residential housing. The final proposal was for a 145,000 sf of retail center. The offered bid prices ranged from $300,000.00 to 1.1 million dollars. After taking in everything in to consideration, the wellness center brought in the most money and generated the least amount of traffic. Letter to MassDOT: The Town Planner said he wrote a Letter for the Board of Selectmen to send to Mass DOT. It had come to his attention there was a potential reconsideration of the major infrastructure project on current TIP’s. The Transportation Approval Program recently gave CMMPO a new list of priorities for its Major Infrastructure Project Options for Mobility 2040. The new list removes the I-495/I-90 Interchange from the TIP funding and reduces the I-495/Rte 9 Interchange improvements to a lower priority than originally promised to the Central Mass MPO. The CMRP is holding a hearing tomorrow and he plans to attend and present them a letter urging the Massachusetts Department of Transportation to consider Westborough’s needs and concerns when finalizing their recommendation for the Major Infrastructure Project Options for Mobility 2040. This letter will be copied to our Representatives. There being no further business to discuss, the meeting adjourned at 8:33 p.m. Respectfully submitted, Sandy Spinella/Administrative Assistant APPROVED: --------------------------------------------------- -----------------------------------------------------Brian Bush, Chairman of Board Mark Silverberg, Vice-Chairman of Board ------------------------------------- ---------------------------------- ----------------------------------- Edward Newton, Jr. Charlie Diamond William Spencer TOWN OF WESTBOROUGH MASSACHUSETTS OFFICE OF THE PLANNING BOARD Forbes Municipal Building Tel. (508) 366-3055 45 West Main Street Brian Bush, Chairman Westborough, MA 0158 Jim Robbins, Town Planner June 23, 2015 To: Joanne Savignac Town Treasurer From: Sandy Spinella Admin. Assistant/Planning Board Re: Release of bond held on Classical Park in Westboro Village At their regularly scheduled meeting of June 16, 2015, the Westborough Planning Board unanimously voted to release the security bond held on Classical Park in Westboro Village, in the amount of $137,858.00 as outlined by the Town Engineer in a memo dated 2/28/14. TOWN OF WESTBOROUGH MASSACHUSETTS OFFICE OF THE PLANNING BOARD Forbes Municipal Building Tel. (508) 366-3055 45 West Main Street Brian Bush, Chairman Westborough, MA 0158 Jim Robbins, Town Planner June 23, 2015 To: Paulette M. Nicoliello General Manager, Jones Lang LaSalle From: Sandy Spinella Administrative Assistant/ Westborough Planning Board Re: Request of tree removal for Westboro Executive Park At their regularly scheduled meeting of June 16, 2015, the Westborough Planning Board unanimously voted to approve the Tree Removal request in a letter dated June 09, 2015 for Westboro Executive Park located at 110, 112, 114 Turnpike Road as shown on a plan entitled “Westboro Executive Park” dated June 09, 2015. (See attached minutes with vote). TOWN OF WESTBOROUGH MASSACHUSETTS OFFICE OF THE PLANNING BOARD Forbes Municipal Building Tel. (508) 366-3055 45 West Main Street Brian Bush, Chairman Westborough, MA 0158 Jim Robbins, Town Planner June 23, 2015 To: Joanne Savignac Town Treasurer From: Sandy Spinella Admin. Assistant/Planning Board Re: Release of Erosion Control Bond held on 38 Chestnut Street At their regularly scheduled meeting of June 16, 2015, the Westborough Planning Board unanimously voted to release the Erosion Control Bond held on 38 Chestnut Street in the amount of $5,000.00 as outlined by the Town Engineer in a memo dated 06/11/15. Please make the check payable to: Khaja Shamsuddin 23 Peterson Road, Natick, MA 01760 TOWN OF WESTBOROUGH MASSACHUSETTS OFFICE OF THE PLANNING BOARD Forbes Municipal Building Tel. (508) 366-3055 45 West Main Street Brian Bush, Chairman Westborough, MA 0158 Jim Robbins, Town Planner June 23, 2015 To: Joanne Savignac Town Treasurer From: Sandy Spinella Admin. Assistant/Planning Board Re: Release of Erosion Control Bond held on 303 Turnpike Road – Berkshire Bank Modification to Special Permit #96-1 At their regularly scheduled meeting of June 16, 2015, the Westborough Planning Board unanimously voted to release the Erosion Control Bond held on Berkshire Bank, 303 Turnpike Road in the amount of $10,000.00.