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MINUTES OF WESTBOROUGH PLANNING BOARD
August 04, 2015

Regular meeting of the Westborough Planning Board held in the Forbes Municipal Building in the Room 23, 45 West Main Street.  Members Bush, Newton, Jr., Silverberg, Diamond and Spencer were present.  

Meeting dates:  August 18, 2015

At 7:00 p.m. the Board prepared to hold a Special Permit Public Hearing on a Modification to Special Permit DPOD # 07-1, located at 33 East Main Street (see attached minutes).

Mr. Randy Waterman, Waterman Design Associates, was present for discussion.  

The Town Planner discussed the draft decision with the Planning Board.

Member Ed Newton, Jr. motioned to approve the Decision with Conditions on Amendment to Special Permit DPOD #06-1 and DPOD #A07-2 at 33 East Main Street with revisions dated tonight, August 04, 2015.  The motion was seconded by Member Mark Silverberg and unanimously voted.  

At 7:10 p.m. the Board prepared to discuss the draft Site Plan Review Comments on 400 Friberg Parkway.

Chairman Brian Bush said it is a courtesy to us to comment on the Site Plan review for 400 Friberg Parkway.

Mr. Mike Scott from Waterman Design Associates and representatives from Verizon Wireless were present for discussion.

Mr. Scott said they are here to talk about the Verizon Wireless facility.   The site is located at 400 Friberg Parkway within the Industrial B and Industrial D Overlay District.  The property has a 52,000 square foot building and about 146 parking spaces.  The adjoining parcels to the north, east and south are all commercial uses.  The project involves the construction of an exterior mechanical yard that will result in the elimination of more than 6 parking spaces.  A large portion of the existing office space in the building will be converted to mechanical space with the employees being relocated off-site.  The mechanical yard will be fenced and will contain two diesel fired generators.  Existing paved parking in the mechanical yard will be removed and be replaced with crushed stone.  A third generator will be placed at the right rear corner of the building.  An existing above ground fuel tank will be removed and a portion of an existing retaining wall will be relocated to accommodate this new generator.  The parking lot will be reduced from 146 spaces to 69 spaces.  There will also be a decrease in impervious area as a result of the proposed work;    They will provide an upgrade to the power service from Friberg Parkway.  Verizon is currently working with National Grid for a second service connection.


Minutes of Westborough Planning Board
August 04, 2015
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Mr. Scott said Verizon Wireless is looking to secure trailer generators on their site.  They are adding gates to prevent access around the rear of the building.  The gates will be key access and fire department will have access to a lock box.   There is a big mound in the front of the site which will remain so you won’t see anything.  They will keep the same traffic circulation within.   

Mr. Scott said he met with Mr. Carl Balduf, Town Engineer who has no problem with the proposal.  There is no increase in impervious area and the sewer and water stays the same.  They will be adding more green space.  Additional plantings will be done.  In summary, the existing building will not be expanding so the lot coverage will not change.  The only visible modifications to the building will be several doorways on the south side of the structure leading to the proposed mechanical yard.  The proposed improvements will reduce impervious area at the site.

Mr. Tin Htway, Building Commissioner said the Site Plan Review is scheduled for next Tuesday, August 11th with the Board of Selectmen.

Member Mark Silverberg asked how loud the new generators are.

Mr. Mike Scott said there is a noise but they are not loud.  The new generator is replacing an indoor generator which is noisy.

Chairman Brian Bush asked is there no natural gas?  

Mr. Mike Scott replied it is diesel.   

Chairman Brian Bush said that the Planning Board has sent comments to the Building Commissioner for the site plan review.

The Town Planner said he had spoken with Mr. Mike Scott about screening the fence.  He said they will screen the chain link fence.  The noise from the generator will not be a common thing. They only test the generators once a week.  Could they be all tested at the same time?

The Town Planner asked Mr. Scott if they were able to clean up the zoning table on parking.  

Mr. Mike Scott responded yes, there are 146 parking spaces which is the correct number of parking spaces.

Member Mark Silverberg asked is there any reduction in employees?    

Mr. Scott responded there is no reduction of employees, they are just being relocated.


Minutes of Westborough Planning Board
August 04, 2015
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Zoning Bylaw Discussion:

Chairman Brian Bush said the Planning Board has sent out the Zoning Articles to be advertised.

Signage:

The Town Planner said the Signage Bylaw is 5 pages.   This was sent out to the Planning Board early to give all a change to review the changes from format to process.   We are talking about the Downtown and Gateway 2 Districts.  Currently these districts are being reviewed by the Historic Commission and Design Review Board.  

The Town Planner said after review by the Signage Committee, it was agreed that if a property was subject to Special Permit review then the Design Review Board will be involved in a project and also review the signage.  When there is not Design Review Board review, then the signage will be reviewed by the Historic Commission.  But in both cases the same standard zoning bylaw will apply for signage.  We have done extensive research and changes to existing sections in the bylaw and added some new sections to the bylaw.  Read the 5 pages for signage changes and comment before the public hearing to be held on August18th.   

Chairman Brian Bush said the additional get together was positive.  If we need to have a modification or continuation on this hearing we have time.  The legal ad has already been published and available at both The Town Clerk and Planning Board.  

Chairman Brian Bush said on the DPOD, he and the Town Planer are meeting tomorrow at 8:30 a.m. on a presentation for the extension of the DPOD zoning district.

Discussion on Westborough Village – Toll Brothers – Access to Water Purification Plant Road:

Mr. Carl Balduf, Town Engineer said the DPW received correspondence from a resident of Westborough Village requesting modifications to the Water Purification Plant access drive.  The resident thinks this driveway is a second access to the Toll Brothers site.  The resident states the road has a blind drive and is dangerous if the residents of Westborough Village start using it.  The resident is asking that the road be straightened.  The Town has allowed Toll Brothers to use this road while they do construction.

Mr. Carl Balduf said that the DPW Manager, Mr. John Walden intends to work with Toll Brothers to reinstall the electric slide gate at its former location near Fisher Street.  We allowed the developer to relocate the gate which formerly was in this location to the proposed location shown on Sheet C2.05 of the approved plans.  Toll has always used this access road for construction vehicles.  A resident pointed out there is a curve that has site problems. Looking
Minutes of Westborough Planning Board
August 04, 2015
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back through the original approvals, this access road was never suggested to be second access for Westborough Village.  It has been suggested to replace the electric slide gate that was removed.  It will be reinstalled. It will again close this road.  Will be open during the day for the construction traffic but closed at night.  This is not changing the intent, just recognizing that this road will not be a second access.

Member Bill Spencer asked will the gate access fix the line of sight.

Mr. Carl Balduf responded it limits the ability of accessibility of this road.

Member Bill Spencer asked who will secure the gate.

Mr. Carl Balduf responded the DPW.  Toll Brothers will still have access during the day for their construction vehicles.  

Member Mark Silverberg said when construction is done; will there be emergency access through that point?  Will it be gated?  What kind of vehicle access from the development to that road will there be?

Mr. Carl Balduf said the town will be able to drive through if needed.   We discussed under site plan review that signage will go up to say no entry to road and gate.  

Chairman Brian Bush said he went out to Toll’s site tonight.  He thinks the road is fairly well paved and it is a blind corner coming from the project out to the street.  Something should be done fairly soon.  People might be using this as a second access despite what signage says.  

The Town Planner stared that the only vehicles after completion of the project on this road will be town vehicles.  

Mr. Tin Htway, Building Commissioner said that Toll Brothers is willing to put something out there, a chain gate.  

Mr. Carl Balduf strongly recommends not using a chain gate.

Chairman Brian Bush said he would like to state that the road, access drive is town property.  He does not believe what the DPW wants to do require any action on the part of the Planning Board.  Toll brothers do not have legal access after their construction is finished.

Mr. Carl Balduf agreed that there is no formal action required by the Planning Board.  He only wanted to discuss what was happening at Toll Brothers with the Planning Board.  

Minutes of Westborough Planning Board
August 04, 2015
Page 5

Appointment of Design Review Board Member:

Chairman Brian Bush stated that Mr. Michael Hally has asked to be appointed to the Design Review Board.  Mr. Hally served on the Design Review Board once before from 2007 to 2011.

The Town Planner said we have 7 seats on Design Review Board and only 5 are filled.  This will create a 6th seat.  Mr. Hally would be a returning member.   

Chairman Brian Bush said that Mr. Mich3ael Hally is a residential designer and is very talented and qualified.  The criteria for some of the seats were explicit.

The Town Planner said that the Bylaw does not say you have to have all the credentials if possible.  You do already have someone to fill the Planning Board representative, the Historic Commission representative, a graphic designer, owners of businesses.  Mr. Mike Hally would be the person of training in architecture.

Member Ed Newton, Jr. said Mr. Hally was on the Board when he was and it will be great.

Member Charlie Diamond said he will add experience to the Design Review Board.

Member Mark Silverberg motioned to appoint Mr. Michael Hally to the Design Review Board.  The motion was seconded by Member Charlie Diamond and 5 voted in favor,   

The Minutes of July 07, 2015 were reviewed and approved.    

Member Bill Spencer asked for an update of future Planning Board meetings.   Note: Sandy will send him the year schedule.

There being no further business to discuss, the meeting adjourned at 8:10 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

MINUTES OF
SPECIAL PERMIT PUBLIC HEARING
MODIFICATION TO DPOD # 06-1 and #07-2
33 EAST MAIN STREET

Pursuant to the Rules and Regulations relative to Special Permits, under Section 4900 of the Zoning Bylaws of the Town of Westborough and M.G.L. Chapter 40A, Section 9, the Westborough Planning Board will hold a public hearing on August 04, 2015 in the Forbes Municipal Building, 45 West Main Street, Westborough, MA on an Application to Amend a Special Permit to allow a residential use in the Downtown Planning Overlay District (DPOD) as described under Section 4900 of the Zoning Bylaws at 33 East Main Street, Westborough, MA.  

Chairman Brian Bush read the legal advertisement that ran in the Worcester Telegram and Gazette on June 30, 2015 and July 07, 2015 into the record.

Green cards:  Ok

Chairman Brian Bush asked that the proponent of this project come forward to give their presentation.

Mr. Randy Waterman said that he put in a request for an amendment to the DPOD Special Permit #06-1 and #07-2 located at 33 East Main Street which is for a mixed use development within the DPOD zoning district.  The approved Special Permit currently allows a mixed use of retail, office and restaurant space at 31-33 East Main Street.  The Special Permit allowed for the development of a single 2 ½ story building that included office, retail and restaurant uses, 42 new parking spaces and supporting infrastructure and landscape enhancements.  This amendment request is to allow a single 2-bedroom apartment on the upper floor of the building at 33 East Main Street which has 1,250 square feet vacant.  This building is currently occupied by UMass-Memorial and Tavolino Restaurant and has vacant space on the upper floor.  

Mr. Waterman said the site is located at the Old Westborough Depot with 194 feet of frontage along East Main Street and is currently occupied by Waterman Design Associates, Inc.  The access to the property is through its own frontage or the new traffic light on East Main Street.    

Mr. Waterman said there are no changes proposed to the overall footprint of the building and only changes to the interior floor layout to reclassify the unoccupied space of the building to residential.  This upper floor area totals approximately 1,250 square feet and would be used for a 2 bedroom apartment.  Since this space was originally planned as office space, there are 4 parking spaces allotted for it on the site.  A residential use only requires 2.  All existing exterior walls and windows stay the same.  The exterior door modifications to accommodate access t this apartment are shown on the plans which were already approved by Design Review Board on June 03, 2015.

Mr. Waterman said for the last three years he has tried to rent the two floors of commercial space.  Because there is no elevator to the second floor, no one wants the upper space.  This is why he would now like to change the space to a 2 bedroom condo.  No changes to parking or
Minutes of Amendment to DPOD Special Permit #06-1 & #07-2
33 East Main Street
August 04, 2015
Page 2

outside of the building.  In original decision we did not ask for residential use.  So now we are asking for an amendment and this will now provide a true mixed-use facility in the Downtown district.

Member Bill Spencer said Mr. Waterman brought up a good point about making this true to the mixed use.

Chairman Brian Bush said this is a DPOD district.  The intent of the DPOD was to have mixed use of retail, office, restaurant, residential.  A variety of uses that fits.   This all requires a special permit with the Planning Board.  If Mr. Waterman had included residential in his original permit, he would not have had to come to the Planning Board.   Residential is a use allowed but he did not have it in the original permit.  Mr. Waterman is proposing a use that is acceptable under the DPOD.  

Mr. Randy Waterman said the DPOD district has to contain a mixed use with the residential.  The building at 33 East Main Street was a great office space but without an elevator, there were no commercial takers.

Mr. Carl Balduf, Town Engineer has no comments.

Member Ed Newton, Jr. motioned to close the public hearing on the Modification to Special Permit DPOD #06-1 & #07-2 at 33 East Main Street.  The motion was seconded by Member Mark Silverberg and unanimously voted.

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