MINUTES OF WESTBOROUGH PLANNING BOARD
November 17, 2015
Regular meeting of the Westborough Planning Board held in the Forbes Municipal Building in the Room 23, 45 West Main Street. Members Silverberg, Diamond and Spencer were present. Members Brian Bush and Ed Newton, Jr. were absent.
Meeting dates: December 01, 2015 and December 15, 2015
7:00 p.m. the Board met informally with Mr. Farooq Ansari, owner of Village Commons T-OV at 1 Gleason Street
Vice-Chairman Mark Silverberg explained that the Planning Board asked Mr. Ansari to come before the Board due to a Cease and Desist order showing Mr. Ansari to be in violation of the Special Permit. Vice-Chairman Silverberg asked for an explanation from Mr. Ansari.
Mr. Farooq Ansari said he was not involved in the original approval process. He purchased the property from Mr. Fran Zarette after the subdivision was approved. We depended on the Engineer we hired to lay out the boundary and buffer zones. Mr. Ansari said there was no mention of having to leave the buffer alone. The buffer zone was proposed by the Planning Board who wanted to keep the buffer the way it is. Mr. Ansari said that the drainage work to be done was in the buffer zone. It would have been impossible to keep the trees and still do the drainage work. We started work and didn’t think it would be a problem to clear trees to do the drainage. After the Town Planner told him he was in violation of the Special Permit, he asked Mr. Mike Scott what was going on. Mr.
Scott explained to him it was the intent of the Planning Board that we keep the trees in the buffer zone. Mr. Ansari said shortly thereafter he received a Cease and Desist order from Mr. Tin Htway, Building Commissioner who explained that he was in violation of the Special Permit. This must get cleared up because it has been about 12-13 days that we had to stop work.
Member Bill Spencer said he read through all the emails. The relationship of the Town and the Special Permit needs to be followed even if you are not the original owner. It makes the Planning Board view things that you do warily. Do you have a project manager to keep track of the things you need to accomplish?
Mr. Farooq Ansari replied that he visits the site and his son-in-law, Shamy is also out on site to make sure things go properly.
Mr. Bill Spencer said he read the original Special Permit today. It is very clear that Mr. Ansari went amuck.
Mr. Farooq Ansari said he was made aware that there was a thing about saving the birch trees. We did everything we could to tag the trees by an arborist. This cutting of the trees was completely unintentional and he does not want to strain the relationship with the Planning Board. That was done based conversation with his engineer who is at fault and should have come in before the Board and asked if it was okay to do the cutting of the trees.
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Member Bill Spencer noted that looking through the construction schedule, a lot of the work performed was underground work. You are now entering winter. We are now seeing deviations from what the Special Permit entailed.
Mr. Rick Shawney, Shawney Consulting said he is doing site work. He planned on doing all drainage in the month of November. We lost that chance because of the Cease and Desist.
Member Charlie Diamond asked are you responsible for removal of trees? Besides the buffer area there were two lots set aside. Were you working from a plan?
Mr. Rick Shawney said there were a lot of trees that were tagged.
Member Charlie Diamond asked what was referenced for removal of trees besides the buffer.
Mr. Rick Shawney replied that he walked the property lines with Waterman Design. He was told it was fine to clear up to the property lines.
Member Charlie Diamond said we had a person from Waterman Associates who signed off on a plan.
Mr. Farooq Ansari said there was never a plan depicting what trees were to be saved. It was a number, 77 trees that were all birch. He hired an Engineer from Waterman Design Associates who came and marked each and every tree. He marked 80 trees which were done on Thursday. Two days later it was Halloween and on Monday the tags on the trees were all on the ground. When he found out about it, he told Mr. Sweeney not to touch trees. Leave them as is. We have been working around the trees. Some of the trees are 20+ in height.
The Town Planner said the trees in the areas saved are in some of the 3 areas. The issue is you did the clearing when the tags were on the trees. The ones that were supposed to be saved were. You were supposed to stake on all 4 corners. It was only done on one site. There are areas you could have saved some more trees.
Member Bill Spencer said that Member Charlie Diamond visited the site after the clearing; did you see what you expected?
Member Charlie Diamond responded that there were many trees but the trees to the right were gone and the trees in the buffer were gone.
Mr. Farooq Ansari pointed out that to the northeast there was brush which was removed.
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Member Charlie Diamond responded that your predecessor worked on details of the trees with the Design Review Board. All we are asking for is for you to inform us of any changes and if you have questions talk to the Town Planner, Planning Board and/or Building Commissioner.
Mr. Farooq Ansari said again this act was not intentional.
Vice-Chairman Mark Silverberg said it is clear that the buffer zone is gone. What his immediate concern is that you don’t understand the Special Permit. You referenced the buffer on the construction schedule. You talk about drainage on November 9th. If you had intended to do the drainage then, you should have spoken to us then. You should have told us you wanted to get your drainage done before the winter. The neighbors are suffering because they no longer have a buffer screen. As far as the Cease and Desist order goes, what do we do now?
The Town Planner explained that the Cease and Desist remains in place until abated or restored. It is too late to restore the buffer trees but we need to make sure Mr. Ansari complies with the Special Permit and is going forward with each item on the construction schedule. However, this shall be reviewed by the Building Commissioner, Town Engineer or Town Planner before he can proceed on to the next item on the construction schedule. The Town Engineer will have an inspector on site.
Vice-Chairman Mark Silverberg asked what is your intention for the site at this point, given the delay, are you intending to move forward on the site.
Mr. Tin Htway, Building Commissioner said he wants to sit down with the Town Planner, Town Engineer, Mr. Ansari and work out these issues and then he will feel comfortable to allow Mr. Ansari to move on.
Vice-Chairman Mark Silverberg said he wants to take into consideration the construction season is shortly coming to an end. Communicate with the Town Engineer, the Town Planner and Building Commissioner when you take steps in the construction schedule. We spent a lot of time on the original Special Permit, it was well thought out. If you can’t stick with that, we will have problems. He can let this go as a mistake and there is no way to re-grow the trees in the buffer zone. We will have complaints from the neighbors. There is also a question of the quality of the fill material being delivered on site. We have experts in Town who can advise you on what we expect for fill. There are many qualified people that can help you with this.
Mr. Carl Balduf, Town Engineer said prior to this buffer incident, Mr. Ansari had lined up everything and done everything he had asked. The construction schedule for the site was submitted and it got approved. One remaining item was getting permission for grading off this site.
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Vice-Chairman Mark Silverberg said we approved the construction schedule at the last meeting on November 9th. We got an email on the Grading Easement today so we will not be able to discuss this tonight
Mr. Carl Balduf, Town Engineer said he wants the Planning Board to take it up tonight.
Mr. Farooq Ansari said he has been working on obtaining this easement for over a week. The Town Planner asked to have an email sent about the grading easement. We have a legal document entitled “Temporary Landscape and Grading Easement” and a plan attached to it. He engaged Waterman Design Associates to do the drawings which are being submitted to Toll Brothers for signature.
Vice-Chairman Mark Silverberg remarked that the easement allows you access to Toll Brothers property where the commercial building #48 is to be build and to grade and do landscaping. He can see you have to go on their property to get the grading done.
Mr. Farooq Ansari said he should have signed agreement in about a week and the temporary landscape and grading easement entails about 22,805 square feet.
Mr. Carl Balduf, Town Engineer noted that the Toll Brother plan showed a wall and during the permit process it was made a condition that the two projects connect by the commercial building. You have to have permission and get the easement. All is set to go on this. Get the easement out of the commercial building footprint. There will be an expiration date that says it expires when the work is complete.
The Town Planner said that the approved site plan contemplates him working in that area. It shows grading from the commercial area to the commercial building at Westboro Village. There will no longer be a need for a retaining wall and there will be a foot path there instead. Mr. Ansari has the right to do the work but Toll Brothers has the right to change it if they need to when they build their commercial building (#48). It may not have any impact.
Member Bill Spencer noted that there is an expiration date of December 2017 on this grading easement.
The Town Planner noted that he copied Toll Brothers on this grading easement but Toll Brothers has not yet responded.
Vice-Chairman Mark Silverberg directed Mr. Ansari to present the signed Temporary Landscape and Grading Easement to the Town Engineer. He asked the Town Engineer to check the expiration date.
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Mr. Tin Htway, Building Commissioner said that Mr. came into his office when he saw the Cease and Desist order. Mr. wants to remove his trees on the back of the buffer area that are spruce trees. He had a verbal agreement with Mr. Zarette that he could plant trees there and take them when he needed them. However, he has no written agreement on this.
Vice-Chairman Mark Silverberg said it sounds like it was a private agreement with Mr. Fran Zarette. He has no issue with him pursuing this with Mr. Ansari as long as they are not the tagged trees.
The Town Planner said the trees of concern are in the back of the site beyond where the drainage is.
Mr. Farooq Ansari said that once the Cease and Desist is lifted, he can take the trees.
Vice-Chairman Mark Silverberg asked why are we doing this and taking away the buffer zone. It will be worse to remove his spruce trees. You could leave their trees until construction but suggests having a discussion with Fran Zarette. If any more trees are taken out of the buffer zone without us knowing it, Mr. Ansari will get another Cease and Desist. The agreement with Mr. Zarette has nothing to do with the Planning Board and giving you those trees. You need to talk to Mr. Ansari. His feeling is that the buffer zone is pretty much gone. He is more concerned with future development on the site. Mr. Ansari needs to get together with the Town Departments.
Mr. Farooq Ansari said he will make good on Mr. Zarette’s agreement as long as the trees are not in the buffer zone.
The Town Planner said he has a plan for the landscaped development and it will be landscaped.
Vice-Chairman Mark Silverberg noted he does not have an issue with them taking the trees. He wants to make sure it will not cause another Cease and Desist. The buffer zone was intended to be temporary. The functionality of the buffer zone has been eroded. He does not think the 8 trees (4 in the buffer, 4 out) will make a difference.
Member Charlie Diamond motioned to allow removal of 8 spruce trees from the Village Commons property northwest corner, including the 4spruce in the buffer zone. The motion was seconded by Vice-Chairman Mark Silverberg. 2 voted in favor and 1 was opposed. Motion fails.
Vice-Chairman Mark Silverberg said you need to get permission from the owner on removing the spruce trees.
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Vice-Chairman Mark Silverberg instructed Mr. Ansari to get together with town officials and work out a new construction schedule. Once satisfied, the Cease and Desist order will be lifted. The revised schedule will be presented to the Planning Board for our approval before the Cease and Desist is lifted.
Mr. Tin Htway, Building Commissioner said he will provide instructions to the applicant in what they have to do. Mr. Ansari needs to have clear understanding of what is intended.
Mr. Carl Balduf, Town Engineer said we can revise the schedule as needed.
Mr. Farooq Ansari said that waiting two weeks is too long a time.
Vice-Chairman Mark Silverberg motioned that any revised construction schedule needs to be approved by the Town Planner and then it is okay with Town officials lifting the Cease and Desist order. The motion was seconded by Member Bill Spencer and unanimously voted.
8:00 p.m. the Board met informally on a new project at 146 & 148 Oak Street, formerly the Nathan Fisher House. Present were Attorney Marshall Gould, Gould and Ettenberg, P.C.; Mr. Dan Lewis, Dan Lewis Architect; Mr. Todd Alexander, Five Partners, LLC; and Ms. Linda Townsend, Release Well-Being Center, LLC and Mr. Erik Vangsness of Waterman Design Associates were present for discussion.
Attorney Marshall Gould stated that the Applicants have acquired the Nathan Fisher property. The Nathan Fisher House has been owned by town for a long time. Recently the town put out requests for proposals on development of the property and Ms. Linda Townsend and Mr. Todd Alexander reacted. The Nathan Fisher house is still there. Work has been going on for quite awhile. There was a big meeting recently on October 23rd and it was discussed the unique aspects of the project. One unique aspect is Route 9, Park St and Oak Street access. There are no real residential or normal abutters to this project. Across Route 9 is Penta Communications. They want to do something similar to preserve the original Nathan Fisher House and make it part of the project.
There will be an entrance from Park Street, Oak Street and Route 9. We will need signs to identify each entrance. Mr. Ron Mueller, Traffic Consultant is not here tonight.
Ms. Linda Townsend said she is hoping to keep the Nathan Fisher House and work it into her campus theme and put in a new 6,700 square foot building which will be a wellness center that will include all types of exercise, diet, therapy, saunas, relaxation rooms, coaching. There will also be outside space dedicated to workout space and medication. The Nathan Fisher House will have flexibility to open up and offer a community feel. There will be nice terracing, an amphitheater, cooking classes, etc.
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Mr. Todd Alexander said he is constructing a one-story 7,000 square foot building which will have 3,000 square feet of restaurant. He went to Town Meeting and received a liqueur license. He is currently looking for a local farm to table restaurant. The remaining 4,000 square feet is open to see what will come to help create a wellness campus.
Mr. Erik Vangsness brought original stamped plans submitted and revised plans with modification to light design and realignment of Park Street.
Mr. Erik Vangsness said Mass DOT is working with Mr. Ron Mueller on Route 9 traffic. They are looking at a one-way right-in-only driveway on Route 9 westbound. Mass DOT seemed amenable to this idea with the stipulation they produce a wider shoulder so traffic can slow down on a deceleration lane down to Park Street; a two-way access and egress drive onto Oak Street; and a two-way access and egress drive onto Park Street. They have provided the maximum number of parking spaces required by zoning for each use individually and to meet or exceed the demand anticipated by the facilities. The parking requirements for classrooms and common areas within the Wellness Center and portions of the renovated Nathan Fisher House are to be determined by the Town. There is no need to share spaces. The
Building Commissioner said the best ratio to use would be 1 per 4 bodies.
Mr. Erik Vangsness said that the 2nd floor of the Nathan Fisher House is dedicated to office space. The proposed buildings, since it is a Wellness Campus will provide pedestrian connections that connect the two buildings. There will be a dedicated pedestrian route to the 7,000 square foot building.
Mr. Erik Vangsness said they pulled the parking back from Route 9 to increase safety. Additional site improvements include landscaping, and signage will be requested as a variance for additional signs.
Attorney Marshall Gould agreed that they will require a variance for the number of signs needed.
Mr. Erik Vangsness said this is because of the number of streets that will have access to this project and require signage.
Attorney Marshall Gould said the area has thick vegetation and will need more signage to identify the campus in time.
The Town Planner said a variance is necessary because under our zoning you are only allowed 1 standup sign.
Vice-Chairman Mark Silverberg said maybe this is something we should look into for a campus property.
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Attorney Marshall Gould said the Applicants are local people. Traffic study will be done. Would the Board be willing to waive the requirement for a separate Peer Review Study to keep costs down since the State will be doing a study.
The Town Planner said there was an onsite traffic meeting last week. We visited the site and watched the traffic. We discussed the shoulder being added as a deceleration lane. The Police Chief agreed to that.
Member Charlie Diamond asked is it on the downhill slope of Route 9?
Attorney Marshall Gould responded that it is beyond that and flatter level area.
Mr. Erik Vangsness said this rendering highlights the change the Police Chief requested. He wants us to cut out a section of pavement and repave it on Park Street. The Town repaved a portion of that road and there is one area that is older pavement. It will make a smoother turn. They are planning an outdoor patio which will be a seasonal amenity. There will be other outdoor areas, hardscape and more lawn passive areas. They are proposing unique lot lines so both lots keep the 60% open space.
Mr. Todd Alexander said this property it is already two lots as a result of an ANR Plan.
Mr. Erik Vangsness said the Nathan Fisher House is a pre-existing nonconforming building. One of the new buildings will be closer to the Road. The parking will be behind this proposed building.
Attorney Marshall Gould said the entire area is 3.3 acres and split into 2 lots. The parcel has lots of frontage. The Zoning Bylaws provide setback and sidelines. We will go through this during the Special Permit hearing. The end product with many revisions will be great.
Mr. Eric Vangsness said to provide overflow parking there will be a subsurface reinforced turf in some areas which can be used by the fire department as well.
Member Charlie Diamond asked can the fire department get around the buildings.
Mr. Dan Lewis responded that they don’t have to be able to access every side of the building. There will be on site fire protection.
Mr. Eric Vangsness said there was an existing building on this site and it is a previously disturbed site. The site will be serviced by municipal sewer and water services, which are readily accessible within Park Street and Oak Street. Storm water will be managed on-site utilizing a closed drainage system consisting of deep sump hooded catch basins, a water quality
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treatment structure and two subsurface infiltration systems. The subsurface infiltration systems provide the required infiltration volume and recharge of groundwater. One infiltration system is located behind the proposed restaurant and retail building and the other two infiltration systems are located to the east of the Wellness Center.
Vice-Chairman Mark Silverberg asked when Spectrum put in their buildings, did we require sidewalks?
Mr. Carl Balduf, Town Engineer said there are a sidewalk on the south side of Oak Street, and a country sidewalk near the new facility.
Vice-Chairman Mark Silverberg said as far as the Peer Review, he agrees and is willing to address that later in the public hearing.
Member Bill Spencer said this is a nice design and proposal plan and is in line with what we have been envisioning. What is your maximum of people? Parking always ends up being a problem.
Attorney Marshall Gould said 93 spaces are being provided.
Member Charlie Diamond said the ratio is 1 to 4 for parking. He would think it would be 1 to 1.
Mr. Dan Lewis said a lot of the spaces you will be using once. Scheduling of events would be at different times.
Ms. Linda Townsend said the evenings will be the only time it might be busy. This concept was modeled after a project in Cranston, RI. We have to provide parking for people.
Mr. Erik Vangsness said there will be an outdoor area that is a hot/cold splash which would be surrounded by a screening fence. We are trying to give this campus a residential feel to a business use.
Vice-Chairman Mark Silverberg said he encourages that you direct traffic down to the light on Milk Street and not through residential neighborhoods.
Attorney Marshall Gould said tonight is to give you an idea of what is going on with this project. This is a great way to preserve the Nathan Fisher House. Also, we are hoping to get a vote on no second Peer Review.
At 8:40 p.m. the Board prepared to discuss the Planning Board Rules and Regulations for DPOD Applications as referenced in the Westborough Zoning Bylaws, Section 4900
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Member Bill Spencer said we should have more members present for this discussion.
Member Charlie Diamond said he wants to defer this to another meeting with more members present.
Vice-Chairman Mark Silverberg stated that both Members Charlie Diamond and Brian Bush have given great written comments. East Main Street is too skinny to put wide sidewalks and bike lanes out front. Maybe as projects come in to be redeveloped, we could see if they would run a bike path to the east side. Could you do a pedestrian underpass? The bike trail will be coming out on Flanders Road. We could go behind Rogers Road.
The Town Planner said if you could get behind all the properties along East Main Street, and then get to the railroad tracks, it could be done but it would be very expensive.
Vice-Chairman Mark Silverberg said it could be done on a case-by-case basis and see if we could get easements in the back of each site.
Member Charlie Diamond thought you could have a path running with the sidewalk for cycling with bike racks on the side, a 12 foot space.
Vice-Chairman Mark Silverberg said there is a Town Ordinance that you can’t ride bikes on sidewalks. Maybe the bike racks could be in the back of the properties. He would like to see sidewalk cafés.
The Town Planner said those are all elements you need to think about. If you do a build-to-line you need be précis when you determine the build-to-line and what activities you want. You want to allow them to open to the front. We need to think about the uses and what you put in that area. You can allow waivers if they have a great idea. We don’t want parking out front.
Vice-Chairman Mark Silverberg said there needs to be uniformity. We can always entertain a waiver from a proponent, The Rules and Regulations need to state we can issue a waiver.
Member Charlie Diamond this is done in Denmark where they analyze different areas. They put in little shops and the back of businesses that break up the scenery. It created more visual impression. It is a good starting point. You want something to catch your eye with stores, architecture. We should have that latitude. Chairman Brian Bush wants boldness and creativity, uniqueness.
The Town Planner said one other idea; the rear of buildings becomes front of building. They create a meandering sidewalk to following the landscape. It would be a long vision plan that
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could be developed. Whenever someone sells, you make the back of building be as inviting as well.
Member Charlie Diamond said you should be able to walk the backs of the building as well.
The Town Planner noted it would be great to redo the plazas and we would need to do a whole East Main Street Corridor Study. We could create a plan for the area and then think about the regulations and how they apply. Then as properties come in, help them address how they can conform to the plan.
Member Charlie Diamond suggested a light by Bay State Commons and two lanes up to Lyman Street. Then add a third lane, a turning lane. Put that lane in the middle.
Vice-Chairman Mark Silverberg said he would rather extend two lanes from Lyman Street down to Willow Street.
Member Charlie Diamond said we already get stuck at the bridge and at the rotary. He would like to have turning lanes.
Vice-Chairman Mark Silverberg said the bridge will slow down everything.
The Town Planner suggested that the Board come to the Safety Audit this Thursday morning, November 19th held by Mass DOT.
Member Bill Spencer commented that he will be gone for the December 1st meeting. If he can find a video conference room in the hotel in France, he will Skype but if not he will get ideas to the Board.
NEW BUSINESS/OLD BUSINESS:
State Hospital Update:
The Town Planner said there is a meeting Thursday night to discuss the zoning and then it will go to a public hearing. There will eventually be an ANR Plan.
The Town Planner said the EDC Annual Awards Event will be held on 11/30/15 at 5:30 p.m. at the Double Tree Hotel. They will recognize the growing business community and give them awards expansion, creating new jobs, etc. There are many winners and awards that will be going out. Lt. Governor Karen Polito will be present. The Planning Board members are invited to attend.
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Member Bill Spencer mentioned that he recently spoke with Superintendent Amber Bock. There was an article put out and presented about Fales School and they need to decide options. We should probably have someone from the Planning Board on this committee. He will speak to the moderator.
Vice-Chairman Mark Silverberg remarked that there is not a seat on the committee for a Planning Board member. He would encourage Member Bill Spencer if he can find the time to attend. He was disappointed we were not included on this committee. He would also like to be kept abreast of what is going on.
There being no further business to discuss, the meeting adjourned at 9::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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