MINUTES OF WESTBOROUGH PLANNING BOARD
August 18, 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., Diamond and Spencer were present. Member Silverberg was absent.
Meeting dates: September 01, 2015 and September 15, 2015
At 7:00 p.m. the Planning Board prepared to open the Public Hearing on a Zoning Article to amend as follows: Article 3, General Regulations, Section 3300, Sign Regulations; and Article 5, Definitions, including amendments to the definitions relating to a Sign.
Chairman Brian Bush read the legal advertisement into the record that appeared in the Worcester T & G on July 28, 2015 and August 04, 2015.
Green Cards are fine.
Article 3, General Regulations, Section 3300, Sign Regulations:
Chairman Brian Bush said the work on the Sign Regulations was done through a subcommittee of 8 representatives from Town Departments which are affected by the Sign Bylaws under Section 3300.
The Town Planner said over the years signage has been a troublesome issue. In the downtown area the review is currently done by both the Design Review Board (DRB) and Historic Commission. The building exterior review and signs attached to the building is done by the DRB but free standing signs are Historic Commission. This is an attempt to make it clearer as to who reviews signage. After numerous work sessions with the sign subcommittee, he has attempted to put together a summary of those amendments. The Town Planner stated that the Building Commissioner and he did another review with more changes today.
The Town Planner said he will go through the proposed Article as posted in the legal advertisement. We will not use the Definition section to create a bylaw.
The Town Planner said t the beginning of this summary we reference Section 3300 and had indicated that Subsection 3311would be deleted in its entirety. We want to leave in this Subsection and add a new sentence at the end of this section: “Signs shall be prohibited from being internally lit in the Downtown Business District (BB), Downtown Planning Overlay District (DPOD), and the Gateway 2 District (G2).”
Ms. Jen Dorehety and Ms. Hazel Nourse are fine with this revision.
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Subsection 3317, Wall Signs, Item d: The Town Planner said this change is for clarification and will amend Subsection 3317, Wall Signs, and Item d by adding the following language at the end of the current sentence: “except as allowed elsewhere in this Bylaw”.
Ms. Hazel Nourse said we should add in “as allowed or as further restricted”. This is just to further clarify the purpose.
The subcommittee agreed. The new language will read: “d not more than (one) such sign shall be allowed on any building, except as allowed or as further restricted elsewhere in this Bylaw”.
Subsection 3318, Ground Signs, Item b: The Town Planner said that the Subsection, Ground Signs, Item b will be deleted entirely and will replace with the following language: “All such signs will have a clear space where required to promote public safety. This shall be demonstrated at the proposed sign location prior to sign approval and sign installation”.
Section 3320, Temporary Accessory Signs, Subsection 3321 by renaming this Subsection as Item e: The Town Planner we need further discussion on the amount of time that temporary sign can be in place. We could insert language that a temporary sign can remain up for 30 days unless the Building Commissioner allows longer.
Ms. Jen Dorehety suggested that a temporary sign should have the date on it as to when it was posted.
Mr. Tin Htway, Building Commissioner said he will note it in his procedure as to when it was posted by adding a date on it.
Member Ed Newton, Jr. said the language reads fine. Mr. Tin Htway will oversee this Bylaw.
Section 3323: The Town Planner said we are amending Section 3323 by deleting the current language in its entirety. There will be no internal lit signs.
Section 3332, Signs: The Town Planner said we will be adding a new Item e which will be permitted in any Business, BA, BB, or Industrial IA, IB Districts as follows: “Information related to specific business operations on the premise, such as proprietors name; contact information, including phone number, hours of operation, web page address, and the like as defined in the Town of Westborough’s Signage Guidelines, shall be allowed on the primary customer entry door. Such information shall not occupy more than 25% of the door surface area”.
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Member Ed Newton, Jr. said we should add in both Gateway 2 and DPOD Districts to this portion.
Mr. Tin Htway said he is fine with adding these two additional districts.
Note: Agreed to change to: Amend Subsection 3332, Signs which may be permitted in any Business BA, BB, Downtown Planning Overlay District (DPOD), Gateway 2 (G2) Districts; or Industrial IA, IB Districts by adding Item e:
Section 3337, Historic Districts, National Register: The Town Planner explained that this Section is the Historic Commission authority. The Historic Commission has agreed to allow the DRB to review signage if already involved in a project. The DRB uses the Historic Guidelines for signage. We are trying to eliminate overlapping of authority and streamline the process.
Ms. Jen Dorehety said that the tile for Section 3337 is incorrect. The correct verbiage is National Register of Historic Places District.
Section 3340, Non-Accessory Signs: The Town Planner said instead of deleting this section, we will rename Section 3340 to “Off premises signs” leaving in the language and inserting in the new language: “Off-Premises Signage may be allowed by the Building Commissioner if the Off-Premise Signage serves to reduce traffic congestion, improving public safety or similar public benefit”.
Mr. Tin Htway said this is less confusing.
Section 3350: The Town Planner said that under Section 3350 temporary occurring events are allowed in signage (Section 3350).
Section 3360, Outdoor Display: The Tow Planner said by adding new Section 3360 – Outdoor Display, in the Downtown Business District (BB), Downtown Planning Overlay District (DPOD), and the Gateway 2 District (G2) shall be reviewed and approved by the Design Review Board.
Ms. Hazel Nourse said under Section 3360, Item b, Umbrella’s, verbiage on umbrellas must be reviewed by the Design Review Board.
Member Ed Newton, Jr. remarked that if there is no other signage, a proponent could put verbiage on the umbrellas.
Mr. Tin Htway stated that he will allow Design Review Board to make this decision.
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Article 5, Definitions:
The Town Planner said the Definition Section should be moved to the beginning of this Bylaw.
Ms. Hazel Nourse asked when you talk about coverage of signage in a window, how much window can you cover?
Member Ed Newton, Jr. said under temporary signs you can do 20% coverage of the window.
Merchandise displayed in window should be considered temporary signage and can’t be there longer than 30 days.
The Town Planner said sometimes it becomes difficult to determine what part of the window display is if the merchandise is set back from the actual display.
Chairman Brian Bush said that a sign shall be: “Sign shall mean any device treated on or off the premises, designed to inform or attract attention promoting a use or uses”.
The Town Planner said the language in Items a thru i will be moved to Section 3300 and proceeded by the following.
Ms. Hazel Nourse said delete Item d. Put in a new section under definitions for temporary signs.
Chairman Brian Bush asked are we moving this whole Definition Section into the beginning of Section 3300.
The Town Planner responded yes. Just the General Definition of Signage will remain under Definitions.
Member Ed Newton, Jr. said we need to remove signs on businesses that have closed. In the downtown we need to have the signs taken down. A good example is “Linen N Things”. When a business leaves a premise, you must take your signs with you. Put this under non conforming signs. We must have them remove the signage.
Mr. Tin Htway said when a business moves out the property owner can take down the signage.
Ms. Hazel Nourse asked will there be fines on this?
Mr. Tin Htway responded yes there will be a fine for not removing old signs.
Ms. Jen Dorehety suggested that you add this into the actual permit as a condition that if you leave you must remove your signage
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Chairman Brian Bush asked the audience if they had any questions on the Sign Bylaw changes.
Mr. Jay Cox – 69-71 East Main Street said that boutiques need to put clothes in their windows to sell their products. Most are very tastefully done.
Chairman Brian Bush responded that it is hard to regulate tasteful.
Mr. Jay Cox said he just hates to see someone that is doing a great job get punished with a 20% coverage rule.
Mr. Roy Hurwitz mentioned that many businesses rely on their manufacturer to give them umbrellas with verbiage of their product because they are free.
Mr. Tin Htway said he is fine with this. He doesn’t mind the advertising of the products.
Mr. Roy Hurwitz said if the businesses now have to go in and replace all umbrellas with verbiage to umbrellas with no advertising; it will be expensive for them.
Member Ed Newton, Jr. said that any new umbrellas proposed will have to come before the Design Review Board to review.
Member Ed Newton, Jr. motioned that the Planning Board recommend Town Meeting approve Articles 3 and 5 as revised at this meeting and be inserted into the Town Meeting Warrant. The motion was seconded by Member Bill Spencer and unanimously voted.
Member Ed Newton, Jr. motioned to support this Article as written in the Town Meeting Warrant. The motion was seconded by Member Charlie Diamond and unanimously voted.
Member Ed Newton, Jr. motioned to close the public hearing on Article 3 & 5. The motion was seconded by Member Bill Spenser and unanimously voted.
At 8:10 p.m. the Planning Board prepared to open the Public Hearing on Zoning Article for the Extension of the Downtown Planning Overlay District (DPOD).
Chairman Brian Bush read the legal advertisement into the record that appeared in the Worcester Telegram & Gazette on July 28, 2015 and August 04, 2015.
Chairman Brian Bush explained that the Zoning Bylaw Review Committee decided to extend the area of the existing Downtown Planning Overlay District (DPOD) zoning on East Main Street from where it ends at the railroad bridge to include the parcels fronting on East Main Street up to the intersection of Water Street on both sides of the street. You have to have frontage on East
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Main Street to be considered for this Article. Chairman Bush said his personal opinion is that the East Main Street corridor could benefit from more productive uses. This would make the owner’s buildings more aesthetically appealing while also creating economic value to them. The DPOD zone allows for mix uses. Residential, retail, commercial, parking and open space is all possible in a mixed use zone. It is an envision of what the Planning Board and others would allow through Town Meeting. It is our hope that extending the DPOD in this area will have a similar impact that has occurred in redeveloped sections where the DPOD already exists (Bay State Commons, the former Train Station, and 25 West Main Street). We believe that the overlay criteria will allow
owners and developers the opportunity to create value in these parcels by incorporating a mix of uses. Last year the Extension of the DPOD Article was withdrawn from the Warrant because of concerns of traffic and school children from the School Department. A Demographic, Enrollment Projections and School Capacity Assessment Report was done and has satisfied the fears of the School Department so we are back again for this Town Meeting. This will require a Special Permit from the Planning Board and review with the Design Review Board. Introduction of this mixed use zoning will incent developers economically while adding mass to increase favorable impact to this walkable area which includes restaurants, shops, health clubs, local public transportation, library high school, etc. Proponents of this Article see this as an opportunity to fend off current, by-right, singular uses such as gas stations, car washes, fast food/drive-through restaurants, etc.
Member Ed Newton, Jr. said that Chairman Brian Bush did a great job summarizing the intent of this Article.
Member Charlie Diamond said with passage of this Article the Planning Board has control over what goes in.
The Town Planner said that the alternative to this is much more controversial projects with no control over what goes in.
Mr. Randy Waterman, 33 East Main Street said he supports this Article for all the reasons summarized. They have a client interested in developing the Tufts Parcel on East Main Street. With this new Bylaw he would like to do a plan and bring in a modern use. If you add this zoning the Planning Board has more control over a project than it does today. Currently no open space or parking along East Main Street is required.
Attorney Chris Senie, business and resident stated that he is honored to have served on the Master Plan Committee in 2002-2003. What the DPOD has accomplished is fabulous for the Town of Westborough. He supports this Article.
Mr. Tin Htway, Building Commissioner asked is there a split parcel on Baker Street included? The owner of the property wants to know.
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The Town Planner responded that this lot was not included because it is residential. When you have a split lot, you go with the most aggressive zoning which in this case is residential and not allowed.
Member Ed Newton, Jr. motioned to support the Extension of the DPOD Zoning Article as written in the Town Meeting Warrant. The motion was seconded by Member Charlie Diamond and unanimously voted.
Member Charlie Diamond motioned to close the public hearing on Extension of the DPOD Zoning Article for East Main Street. The motion was seconded by Member Ed Newton, Jr. and unanimously voted.
At 8:45 p.m. the Board prepared to discuss basements at Westborough Village with Toll Brothers and Attorney Chris Senie.
Chairman Brian Bush dismissed himself due to a conflict. Member Ed Newton, Jr. took over the meeting .
Attorney Chris Senie, representing Toll Brothers and Mr. Derek Wheeler, Current Project Manager and Mr. Shawn Nuckolls, co owner of Westboro Village were present for discussion. Attorney Senie said they are here because part way through the development of Westborough Village the Building Commissioner, Mr. Tin Htway began to mention a Note 5 on the Dimensional Table which states that no floor of a dwelling unit, except for unoccupied basements, shall be below grade of the adjoining ground at any place on its perimeter. Attorney Senie said he has had discussion with the Building Commissioner on the issue of not allowing further finished basements.
Attorney Chris Senie agreed that more discussion is a good idea and to also come before the Planning Board for their interpretation. Attorney Senie presented the Board with a flow chart of where Toll Brothers are with the use. Westboro Village was originally proposed for over 300 units. Toll Brothers reduced the number to 276 units and 90 of these have a basement space. 72 of these are townhomes and 18 single family homes have basements. 63 townhomes have been sold and 8 single family homes have also been sold with basements.
Attorney Senie shows his chart further breaks down basements that have been finished partially finished, under construction, permitted. In total 35 of the 71 units have some degree of a finished basement. Note 5 references no finished basements and might have come from the Multi-Family Housing section which is trying to restrict below grades units. In April of 2012, the full construction drawings for Westborough Village were stamped and approved. The plans show finished basements. The building permits themselves come off the approved plans. The
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18 single family homes do desire to have a finished basement. Most finished basements are a recreation area, TV area, gym. This project has gone very smoothly so far. They purchased the Lee property to give the town as a density bonus.
Attorney Chris Senie said Toll Brothers has already lost sales from someone not being able to finish the basements. The Homeowners Association has heard that there may not be anymore finished basements. He does not think anything needs to be done. Mr. Tin Htway has said he needs guidance on this issue. Maybe no action is needed. The main permits were stamped and showed finished basements. The single family homes don’t necessarily show finished basements. Attorney Senie said he is asking for input and guidance. A member of the ZBA is present to listen to this discussion.
Member Bill Spencer said we are currently looking at 35 units that are either built or in the process of being built. He has had an opportunity to read the bylaws. He worries that this should just be amended in the Zoning Bylaws.
Member Charlie Diamond did they refer to original drawings with finished basements.
The Town Planner said those drawings were reviewed by Mr. Tin Htway in the Building Department. The Planning Board only saw a site plan and not the designer plans. Then the Design Review Board reviewed only the exterior of the buildings not interior.
Mr. Tin Htway, Building Commissioner said under the T-OV Zoning it clearly states that no floor shall be below ground and be occupied space. It can be storage space. This issue came up when the Town started the Zoning Review Committee to review our current zoning.
Member Charlie Diamond asked does the bylaw supersede.
Mr. Tin Htway said that the Zoning Bylaw rules and can be enforced. We can request that they remove the finished basements and not continue them. He suggested Toll Brothers request a waiver or modify that footnote from the Planning Board.
Member Charlie Diamond said that finished room could be used as a sleeping space.
Attorney Chris Senie said a bedroom is defined that it must have a closet.
Member Charlie Diamond said he is more concerned with future owners modifying this finished space. Finished basements could potentially add to the overcrowding of schools.
Attorney Chris Senie replied that the finished basements are being used for watching TV or playing. There is nothing that proves basements are increasing the school population. There was
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no fiscal impact study done before the project started. He did provide a school age projection but not a quality one. You are getting young families here.
Attorney Chris Senie said we are frustrated about school population. The problem is we are now latching on to language about no more finished basements to stop the increase of children. If there was some evidence that said the basements pertain to the increase, then that would be different. Zoning is not supposed to deal with how someone finishes the inside of their homes. Toll Brothers might be sued on this issue. It could go to the ZBA. There are going to be some very upset people when they find out they can’t finish their basement space. He was before the ZBA last night on this issue. He wrote this bylaw. We have a weak platform on this interpretation.
Member Charlie Diamond asked if Note 5 is not attached, is it relevant?
Attorney Chris Senie said it must relate to floor area ratio. He stated he has no idea if Note 5 is valid. We have no indication that finished basements do anything other than provide a finished recreational space in the basement.
Member Ed Newton, Jr. said he does not see allowing finished basements in future homes. We have 4 homes that have been sold but not yet permitted. We are dealing with three levels of finish. Which ones are finished? The new units that have not yet been started should not include finished basements. We need to do work sessions on these three but not permit anymore finished basements. Note 5 had to be added to the Bylaw during the public hearing.
The Town Planner said it is obvious that a requirement in the zoning bylaws was missed by Toll Brothers. This was never asked for as a waiver. Clarification should have been requested on this. The Planning Board would have given a ruling. You need to ask for a waiver. You need to seek the appropriate remedy.
Attorney Chris Senie said that intent does matter. Was it aimed at finished basements not approved? He does not agree that this was pulled over from multi-family dwellings.
The Town Planner said that the Building Commissioner will not let you proceed unless the Planning Board takes action on this.
Attorney Chris Senie said we are now exploring all avenues. We are at the beginning point, Toll Brothers might be back to ask for a waiver or clarification. His goal is to point out the foundation of this interpretation of the bylaw. Maybe we should just proceed with finishing the project. Mr. Tin Htway came before the Planning Board and said no more finished basements. He has heard no story of anyone living in a basement. The families are using this space for entertainment not bedrooms. He would like to avoid any further difficulty.
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Member Bill Spencer said the language and interpretation is difficult. We need to figure this out. The intent is how you utilize and use the space. How do we do this and move forward. We are not clear to make a motion on this.
Member Ed Newton, Jr. said this is just the beginning and he suggests work sessions.
Attorney Chris Senie said that today is just an open conversation. Toll Brothers is willing to work with the Planning Board. We feel there will be a problem with selling homes.
Member Ed Newton, Jr. said the residents need to be made to understand a mistake was made. It can’t continue. This won’t be fixed tonight.
Attorney Chris Senie said we need to work our way step by step. He appreciates the time given by the Planning Board.
Mr. Shawn Nuckolls, Toll Brothers said you are aware how many times we met with you on the dimensional requirements. We interpreted it correctly.
The Town Planner said he does not know what other plans Toll Brothers submitted. You never submitted interior plans to this Board. We did Design Review Board review but they only do exterior. You should ask the Planning Board to formally rule and grant a waiver. This would be in a public session, as a modification to the Special Permit.
Note: Chairman Brian Bush returned to the meeting.
Minutes of August 04, 2015 were reviewed and endorsed.
Chairman Brian Bush said a letter has been received from Central Massachusetts Regional Planning Commission and they are looking for a delegate from the Planning Board. Member Charlie Diamond is our current delegate and has agreed to do it again.
Chairman Brian Bush motioned to reappoint Member Charlie Diamond as the Planning Board’s delegate to Central Massachusetts Regional Planning Commission. The motion was seconded by Member Ed Newton, Jr. and unanimously voted.
The Town Planner stated that he will provide the Planning Board with a draft on the changes to the Signage bylaw. We have two items for the upcoming Town Meeting; extension of the DPOD District and Signage Bylaw.
There being no further business to discuss, the meeting adjourned at 9:35 p.m.
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Respectfully submitted,
Sandy Spinella/Administrative Assistant
APPROVED:
--------------------------------------------------- -----------------------------------------------------Brian Bush, Chairman of Board Mark Silverberg, Vice-Chairman of Board
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Edward Newton, Jr. Char
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