MINUTES OF WESTBOROUGH PLANNING BOARD
October27, 2015
Regular meeting of the Westborough Planning Board held at the Westborough Public Library on the 3rd Floor, 55 West Main Street. Members Bush, Silverberg, Newton, Jr., Diamond and Spencer were present.
Meeting dates: November 03, 205 and November 17, 205
At 7:00 p.m. the Board prepared to discuss the Village Commons T-OV located at 1 Gleason Street with Mr. Farooq Ansari.
Mr. Farooq Ansari stated that he is Manager of Village Commons. His goal is to present the Planning Board with a Construction Schedule and the Erosion Control Bond. A bond has been placed for $30,000 with Home Town Bank to be used as security for the Sediment and Erosion Control. A Construction Schedule has been done and approved by the Town Engineer. Also, he has placed a $5,000.00 cash bond with the Treasurer for immediate use if needed.
Chairman Brian Bush said he has a copy of the letter from Home Town Bank showing they have funds in the amount of $30,000 for security for sediment and erosion control. Are we going to be able to access this if needed? Maybe we should have Town Counsel review the letter first.
The Town Planner said in the event that the developer can’t perform the security bond can be accessed if necessary. The Town Planner said that he checked with the Town Treasurer who is fine with using Home Town Bank. We can use the $5,000 up front if needed and then call the Bank to get the $30,000 in security if needed.
Member Mark Silverberg agrees with Chairman Brian Bush’s concern that Town Counsel should review this letter for accuracy and make sure the bond is secure and easy to access if needed.
Chairman Brian Bush said the letter clearly states there is money for erosion control. The onus is on the Town. This project is not likely to create problems. For our own protection, we need to have a form that gives us right to this money. The letter says intent. We can accept this but we need a form to be executed.
Mr. Farooq Ansari said he has cash in that bank.
Mr. Carl Balduf, Town Engineer said the Planning Board has a letter for $30,000 and then an additional $5,000 in cash. We don’t have a standard form for that.
Member Mark Silverberg said the amount in the Town Engineer’s email dated October 19, 2015 was $34,144.00.
Mr. Carl Balduf responded that the Planning Board can ask for $35,000. Mr. .Ansari said he would put up the $35,000 which he has done in the form of $5,000 cash and $30,000 in a security.
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October 27, 2015
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Chairman Brian Bush said the revised Construction Schedule came today at 4:15 p.m. The Planning Board is now reading it. The schedule is updated and shows completion is 2 years from now.
Mr. Carl Balduf said he did not see the revised schedule. Mr. Ansari has provided what he asked for. He needs to connect water first and then sewer.
Member Mark Silverberg said the schedule shows that the first section is already dated as past, is this already done?
Mr. Ansari responded yes, he is on schedule with his tree identification and site clearing.
The Town Planner said that the black birch trees are flagged in the field to be planted later. This was Design Review Board’s recommendation. The idea is he will work in the areas where the trees are not. They will remain in place and will be moved in spring if needed.
Member Mark Silverberg said that the issue is we just got it today and the Town Engineer has not even seen it. However, for now he is willing to move forward with it. But he wants to leave it open for revisit after Mr. Carl Balduf has reviewed it more closely. Any motion we take should leave room for the Planning Board to also be able to review again.
Chairman Brian Bush said this has been an issue for several developers to keep on schedule. Chairman Bush asked would Mr. Ansari be willing to come in if the Planning Board has a problem with a schedule change.
Mr. Farooq said he is willing to do this.
Member Mark Silverberg motioned to approve the Construction Schedule dated October 27, 2015 as long as the Applicant agrees to come in before the Planning Board if the Construction Schedule needs to be revised. The motion was seconded by Member Bill Spencer and unanimously voted.
Member Mark Silverberg motioned to set the Sediment and Erosion Control bond at $35,000.00. $5,000 .00 will be in cash the remainder as a Security Bond with Home Town Bank as shown in a letter dated October 23, 2015 and subject to Town Counsel review. Member Charlie Diamond seconded the motion and it was unanimously voted.
At 7:30 p.m. the Planning Board met with Mr. Michael Scott of Waterman Design Associates to discuss the Bay State Pedestrian Pavement Plan.
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October 27, 2015
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Mr. Michael Scott stated that the Board met with Mr. Randy Waterman of Waterman Design Associates a couple of weeks ago to talk about Philip International’s intent to pull up all the broken concrete. Their intent is to remove all the existing concrete and replace it with bituminous stamped concrete in a red brick pattern to define pedestrian pathways locations across the site and the proposed final condition of each location. The imprinting technique will be the same that was used for the crosswalk at the Dunkin Donuts on East Main Street. A couple of the speed ramps are bituminous but all will be converted to the same material. We want to do the area in front of Sachi Restaurant and Roche Brothers in the next couple of days. Then set a schedule to do the rest next year. It will be a
consistent look throughout the site.
Chairman Brian Bush said that he and the Town Planner met with Mr. John Fryer out on site in May to see the areas where concrete was falling apart. We did mention that the repair was necessary but wanted the same color maintained.
Member Bill Spencer said he has been looking at areas up for repair. The areas where the speed bumps are seem to be a winter problem. Right in between Roche Brothers, there are large patches of asphalt on the edge of the parking lot where water puddles. Will that area be redone as well?
Mr. Mike Scott said that he does not know. Mr. John Fryer has installed an underground drainage pipe to alleviate the problem. Right now they are getting rid of the worst areas first. Others can be addressed later. He will check with Mr. Glenn Langenback, Philips International.
The Town Planner asked do you know the timing for reheating, stamping and redoing the cross walk?
Mr. Mike Scott said it was supposed to be at the end of October. We are not looking to fix the parking lot pavement right now.
The Town Planner said Member Spencer is correct there are problems with transition between the tables and the concrete. They will need to do something about that. They must deal with the transition as well as the areas they have decided to correct.
Chairman Brian Bush said maintenance on private property is a tricky situation. This is a condition of the Special Permit and must be fixed. The Property Manager seems to be addressing safety issues.
Member Mark Silverberg asked who discussed the drainage that went in front of Sachi.
The Town Planner said that the Planning Board discussed the drainage.
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October 27, 2015
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Mr. Carl Balduf, Town Engineer said that the drainage was done correctly.
Member Charlie Diamond motioned to accept the Plan entitled “Stamped Concrete Replacement Plan – Bay State Commons” dated September 18, 2015, prepared by Waterman Design Associates, Inc. The motion was seconded by Member Mark Silverberg and unanimously voted.
OLD/NEW BUSINESS:
Mrs. Carole Jolie, Westborough Resident, came before the Board and asked to talk to the Planning Board but off camera. She would like to discuss personality and would like to keep it private.
Chairman Brian Bush said because we are a public board we need to be open on discussion. Mrs. Jolie could come in for discussion with several of the Board members and the Town Planner as work sessions. Chairman Bush said he is not trying to make this difficult, but if she wants to speak in private then it needs to be done in a work session.
Mrs. Jolie agreed to do this. A work session will be set with several board members, Town Planner and Mrs. Jolie.
Return of Escrow for 9 Otis Street:
Chairman Brian Bush read the letter dated 10/16/15 from Mr. John Schaefer asking for return of his escrow money. Chairman Bush asked the Town Planner to explain the request.
The Town Planner said that this was a preliminary filing. One large lot at 9 Otis Street and Mr. Schaefer wished to create 2 lots in access of 10 acres. This is where Tyree is. The division of the lot was completed. The landlocked parcel was given to the town. The definitive plan process was started but Mr. Schaefer never completed the process. We know he moved to Florida and decided not to pursue the subdivision. He is entitled to have his unused escrow money returned.
The Town Planner stated that the Town Accountant has confirmed that the amount of money for his escrow is correct.
Chairman Brian Bush said that his letter is confusing because he speaks of both escrow fees and filing fees.
Member Mark Silverberg suggests we return any escrow funds to be returned.
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October 27, 2015
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The Town Planner stated that the Accountant came to us to help clear her books of outstanding money being held by the Town.
Member Mark Silverberg motioned to return any eligible escrow funds on 9 Otis Street to Mr. John Schaefer. Member Ed Newton, Jr. seconded the motion and it was unanimously voted.
Minutes of September 01, 2015, September 15, 2015 and October 06, 2015 were approved and endorsed.
DISCUSSION:
The Town Planner said regarding Village Commons, last week has been very frustrating. We held a rush pre-construction meeting 3 weeks ago for the proponent and he was told we needed all the information way before the meeting. This particular project is already a problem. It may not be an issue for the project but will be a problem for the staff.
Member Ed Newton, Jr. said there is a procedure in place that proponents wanting to be on the Planning Board agenda are supposed to get all material in to the Board the Thursday before the desired meeting.
Member Charlie Diamond said that the original owner of this project also did this by supplying information on the day of the meeting.
Mr. Carl Balduf, Town Engineer said the applicant phoned him around 3:30 p.m. today and unfortunately he missed the call. He did chastise him for his lateness on the required information. He was informed that it was last minute on his part and not acceptable in the future. The only reason we are letting this go is before they are planting and doing the roads at the right time of year.
Chairman Brian Bush said that the Planning Board needs to know this. Mr. Ansari needs a good scolding. He understands that when you are up against winter you need to get done. The respect however should be reciprocated. Don’t hold back on this information again to the Planning Board.
The Town Planner said the only reason he said anything is because he thinks it will happen again. In the future he wants to be able to say “no, this is unacceptable”. He would like to maintain the policy that if information is not in to the Planning Board by 5:00 p.m., the Thursday before meetings then they are off the agenda.
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October 27, 2015
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Chairman Brian Bush said the Town has a reputation of sitting on permits. But, if the developers don’t follow instructions and timelines then it is their fault.
Mr. Carl Balduf said it is frustrating that they come in at the last minute with new material. Most of the permits are written allowing them to provide updates along the way.
The Town Planner reminded the Board that even up to a year after completion of a project you are allowed to call them back in if you see issues occurring.
Chairman Brian Bush said the minute the shovel hits the ground, the sooner they are done the better it is for the Town. If a project is a phased construction then that is a different story.
Chairman Brian Bush thanked all for help with Town Meeting. Chairman Bush said he called Mr. Jack Thomas and Mr. Dan Lewis and thanked them for doing such a great job on the building at 25 West Main Street and also extends to Mr. Randy Waterman at Waterman Design Associates for his building.
Chairman Brian Bush reminded the Planning Board that we have the obligation to create Rules and Regulations for the Downtown Planning Overlay District (DPOD). We need to do this soon.
The Town Planner said we should advertise for this.
Chairman Brian Bush said we should come to the next meeting with ideas that can be general or specific and with the intention of having a public hearing on the first meeting in December so it will become part of our process for the DPOD. He suspects Tuft Machine Shop will come before us shortly. We need guidelines to hand out to Applicants so they understand what we are looking for.
Member Mark Silverberg said we need to make clear about the potential of traffic. Need to come up with solutions for traffic flow on East Main Street.
Chairman Brian Bush asked was a traffic study done on Dunkin Donuts on East Main Street.
The Town Planner responded not until the drive thru window went int. Then a study was required. This caused us to amend our zoning bylaws to require a traffic study for drive thru windows. We can try to do the public hearing on December 1st. Also do the same thing on the T-OV. We don’t have guidelines on the T-OV. We need to look again at the T-OV verbiage.
Chairman Brian Bush said the T-OV Bylaw does not have a Rules and Regulations as a condition. The DPOD Bylaw does and says we are supposed to have Regulations.
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October 27, 2015
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Chairman Brian Bush said when we did Westboro Commons, they agreed to 2 bedrooms and agreed to be less stringent than the zoning asked for.
The Town Planner said that zoning is based around the train and those who want to use transportation. Generally it was thought that it would be young professionals and not be with families. The single families are all 4 bedrooms at Westborough Village.
Member Charlie Diamond commented that at a Central Mass Regional Planning Commission meeting last week Mr. Denny Drewry is now on the Executive Committee. We are going to be able to get bike racks. They just need locations on public land (park, downtown, library, schools) from Towns.
Chairman Brian Bush noted that bicycling has become more popular.
Member Mark Silverberg said there are dedicated bike lanes in Towns all through Massachusetts. Roads need to be wider to accommodate bike lanes.
The Town Planner said that Mass DOT are doing surveys and interviewing town officials for input on bicycle lanes. He recently did a walk for several planners and showed them our downtown area. He used the power point pictures of the before and after pictures of the businesses and they were all impressed. 25 West Main Street was the biggest impact.
There being no further business to discuss, the meeting adjourned at 8:12 p.m.
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. Charlie Diamond William Spencer
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