MINUTES OF WESTBOROUGH PLANNING BOARD
December 01, 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 and Diamond were present. Member William Spencer was absent.
Meeting dates: December 15, 2015
At 7:00 p.m. the Board prepared to hold a Special Permit Public Hearing on 146 & 148 Oak Street (former Nathan Fisher House). See attached minutes.
At 7:50 p.m. the Board prepared to hold a public hearing on the Downtown Planning Overlay District (DPOD) Rules and Regulations. See attached minutes.
OLD/NEW BUSINESS:
Update on State Hospital:
Chairman Brian Bush said that the State Hospital Reuse Committee is done. The Committee would like to see an Over 55 community only. We are now looking and discussing the Senior Living District to see if that would work. Some agree with the concept and believe that it would be easy to extend the Senior Living District to be included in the Mix Use District (MUD). During this discussion we decided that you want to concentrate on seniors that would be using independent living.
Chairman Brian Bush explained that independent senior housing is residents that do not requiring health services for constant care on location. The state hospital site would be perfect for an active senior population. Maybe we could make it an over 55 and not 60 community. The State Hospital Reuse Committee does not want to tell anyone how to rewrite definitions in the zoning bylaws. In this District, no one under 18 can live in a house for more than 2 weeks at a time. This would not allow younger family members to live in an area that was intended to be senior living. We will look into this.
Member Ed Newton, Jr. said we need to make sure you are not getting in trouble with state law by age discrimination.
Chairman Brian Bush said there will be a limit on height of buildings. The idea is that 60% of the property will stay as open space. We can go up 4 stories. We would have to change zoning first before we can develop. Right now you can do single family housing in this District and we are trying to change that. The Committee wants to incorporate senior housing into that district. We are meeting again on Thursday, December 3rd on how we can write changes into the Senior Living Overlay District that won’t violate state law.
The Town Planner said he has been given authority to call Town Counsel.
Member Mark Silverberg asked what about just leaving independent senior housing out of it.
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December 01, 2015
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The Town Planner said that the State Hospital site is perfect for independent seniors to live. We created the zone for active seniors.
Member Mark Silverberg said Section 5340 would have to include the MUD District.
Member Ed Newton, Jr. said you are basically tying two overlay districts together.
The Town Planner said you don’t want to create the MUD District anywhere except where it is now.
Member Mark Silverberg cautioned we might be accused of spot zoning. It would be a zone specific extension and not the whole district.
The Town Planner explained that the MUD district is large and goes out to North Drive, out to Route 135.
Chairman Brian Bush said the Design Review Board criteria may not be appropriate for redevelopment the way the MUD zone is currently written. This is still being discussed. The Town Manager suggested using the same people currently on the Design Review Board but give them different criteria for this district.
The Town Planner said that Chairman Debbie Schradieck of the Design Review Board agreed that there has to be a separate set of guidelines for the State Hospital property for Design Review Board. Maybe we should design something into the guidelines that keeps in view the former use.
Discussion on Spur House:
Chairman Brian Bush said on the Spur House, we will have to change the zoning. It can’t be sold as is. We will begin drafting a bylaw on that.
Member Ed Newton, Jr. said the bid has to be a minimum of the assessed value. So it needs to be rezoned.
Member Mark Silverberg said currently there is a market for fixer uppers.
The Town Planner asked what you think about it being a multi-family. We can’t keep it as a three-family in a residential district. However it could be grandfathered use.
Member Mark Silverberg said he does not think there is a big market for three-family homes. It is a renovation project and maybe could be turned into a single family.
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December 01, 2015
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The Town Planner said the feeling from abutters is they don’t want a business next to them. They want the Spur house to remain a residential use. Residential uses in a business district are currently allowed. We should rezone this to a residential district.
Open Space Plan:
Member Mark Silverberg said he is the Planning Board’s member on the Open Space Committee. He has recently been doing work on the updated Open Space Plan. The Advisory Finance Committee in 2012 referenced that they supported the plan. However he can’t find any minutes that state this happened. The Open Space Committee must come back before the Planning Board requesting a formal vote. Hopefully the state will accept this. The Open Space Committee needs letters of support from the Town Manger and the Town Planner. They will probably resubmit it soon to the state.
The Minutes of October 27, 2015 were reviewed and approved.
There being no further business to discuss, the meeting adjourned at 10:27 p.m.
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December 01, 2015
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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
NOTICE OF SPECIAL PERMIT PUBLIC HEARING
ON
146 & 148 Oak Street (Formerly the Nathan Fisher House)
December 01, 2015
Pursuant to the Rules and Regulations relative to Special Permits, under Section 1330, 2300, 2400 and 2600 of the Zoning Bylaws of the Town of Westborough and M.G.L., Chapter 40A, Section 9, the Westborough Planning Board held a public hearing on Tuesday, December 01, 2015 on a Plan to obtain Special Permits for Office, Restaurant, and Other Retail Sales and Services Uses, in the Highway Business Zone as described under Section 2300 of the Zoning Bylaws to obtain a Special Permit to alter a pre-existing non-conforming structure as described under Section 2400 of the Zoning Bylaws, and to obtain a Special Permit for Dimensional Regulations in the Highway Business Zone as described under Section 2600 of the Zoning Bylaws, at 146 & 148 Oak Street, Westborough, Massachusetts.
Chairman Brian Bush read the legal advertisement which appeared in the Worcester Telegram and Gazette on November 11, 2015 and November 18, 2015.
Green Cards: Okay
Chairman Brian Bush invited the proponents to come forward with their presentation.
Present were Attorney Marshall Gould, Gould and Ettenberg, P.C.; Mr. Dan Lewis, Mr. 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 and James E. Winn, Traffic Engineer of Ron Muller 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 a while. There was a big meeting recently on October 23rd and November 17, 2015 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.
Ms. Linda Townsend, Co-Applicant said her intent is to restore the existing Nathan Fisher House and then add a new 6,900 square foot building and outdoor area for a comprehensive wellness center that will include space for spas, cooking areas, acupuncture, healing treatments and retail to support all the efforts in the building and a coaching center,
Mr. Todd Alexander, Co-Applicant said he will use the remaining portion which is 7,000 square feet to be 3,000 square feet for a garden to table restaurant and the remaining 4,000 square feet to
Minutes of Special Permit #2015-1
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December 01, 2015
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be a retail building. At the last Town Meeting he recently obtained a liquor license. 4,000 square feet retail space will be to get retail tenants that will be interest in the wellness center.
Attorney Marshall Gould said they are looking for permits for Use and Dimensional Requirements and a Section 6 Finding and under Sections 2620 and 24510, so the Nathan Fisher which is pre-existing non-conforming use can be expanded on site.
Mr. Erik Vangsness, Waterman Design Associates said the parcel is currently divided into two parcels of which one, E-1 will be the Wellness Center and the other, E-2 will contain a restaurant and retail use. 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. There will be a total of 93 parking spaces.
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. Other components said they anticipate setting up an area for overflow parking. This is not needed to meet the bylaw. Landscaping is per zoning and we will have dedicated areas for snow storage. The Lighting Plan was submitted to the Planning Board on November 09, 2015, We met on site with the Town Engineer, Police Chief and Town Planner and discussed improvements to be made on Park Street. This will require removal on broken pavement and then repave a section of paving which will make turning easier. This is shown on the revised Plans dated November 18, 2015. We did a Preliminary Review with Mass DOT showing a Right entrance from Route 9. Mass DOT wants to widen the shoulder to use as a deceleration lane.
Mr. Jim Winn, Traffic Consultant for Ron Mueller Associates stated that a Traffic Impact prepared in October of 2015 to evaluate the traffic impacts of a proposed mix-use development to be located on a parcel of land between Route 9, Park Street and Oak Street.
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December 01, 2015
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Mr. Jim Winn said there are 3 access points, a right-in-only from Route 9, a full access/egress driveway on Park Street, and a full access/egress driveway on Oak Street. The two existing curb cuts along Route 9 for the Nathan Fisher House will be closed. They looked at Route 9 as part of their study area and looked at crash rates and did not find but only a few accidents. There is ample sight distance exist along the study roadways to allow safe operation of the new driveways based on measured vehicle speeds. It is recommended that any landscaping or signs in the vicinity of the driveways be low to the ground or set back so as not to impede sight distances for drivers exiting the site.
Mr. Jim Winn said new traffic entering onto roadways is minimal. The development is expected to generate between 103 and 113 total peak hour vehicle trips. However some of the traffic is expected to be drawn from the existing traffic on the adjacent streets. The project will result in an increase in traffic of 81 new trips (45 entering and 36 exiting) on the adjacent street during weekday PM peak hours and 85 new trips (43 entering and 42 exiting) during the Saturday peak hours.
Mr. Jim Winn said the development will add up to 30 peak hour trips to Oak Street to/from the west, 12 additional trips on Oak Street to/from the east, and 19 additional trips on Route 9 westbound. All site driveways will operate at Level-B. The Oak Street/Park Street is expected to operate at acceptable levels under all conditions. The project will result in increases in vehicle delays of less than 2 seconds on any approach and increase vehicles queues by no more than one vehicle. Right turns from Park Street onto Route 9 are expected to operate at level E during peak hours. Ample capacity will still be available under the Build condition with a vehicle queue of two vehicles or less. A Preliminary Review was done with Mass DOT and they did ask for a 10-foot wide paved shoulder for a
distance of 200 feet in advance of the driveway. The intent is to use this as a deceleration shoulder to extend to Park Street.
Attorney Marshall Gould said we were here at last meeting on November 17, 2015 informally. At that time we did request that a waiver be given from the requirement of Peer Review on the Traffic study. With Ron Mueller Associates and Mass DOT all reviewing this project, we felt that they will adequately address the traffic issues. The Planning Board members at the last meeting seemed to find this request acceptable. He is looking to see if the Planning Board is willing to grant the waiver request. Also in summary, we are looking for a Special Permit for Use; a Special Permit to alter, change and add on to non-conforming structures; a Special Permit to allow the other building be placed closer to Route 9; Sections 2410.a.e, and Section 2620, Footnote e. The
second building will not be quite as close as the Nathan Fisher. We will go to Board Of Selectmen for Site Plan Review. Other unique factors is signage. They will need a variance for signage. You can get to the site from 3 streets, the side facing Route 9 is designed with no parking on Route 9. We would like signs up front facing Route 9 and signs in the parking lot marking buildings. Signs on Route 9 identifying business near driveways and in
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December 01, 2015
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front of Parcel E-2, they want a directional sign and the name of this business. Vehicles will come from Oak Street and we need signage there as well. The multiple signs will require that they go to the ZBA for a variance.
The Town Planner said we amended the sign bylaw at Town Meeting and we now allow directional signage off site. That is something the Building Commissioner could determine as to whether they need to go to the ZBA. They still would have to go for a variance for multiple signs on one lot but probably not the directional signage.
Attorney Marshall Gould said there have been meetings since the spring, summer and in August a big meeting with Department Heads. Work Sessions and informal meetings have been held with the Planning Board. Early on there was a question on whether we needed share driveways and it was determined that we did not. However they will have shared parking. This is a campus style development. The two buildings will add uniqueness of building and use of buildings. There is a very unusual lot line for this parcel.
Attorney Marshall Gould said they will have cross easement agreements prepared on parking. They are coming together on this. This project will look like one big campus with a wellness center and restaurant and retail. It is being designed to meet zoning.
The Town Planner said that he has discussed with Attorney Marshall Gould the required special permits and perimeters shown to the Board. He has already begun a draft decision but because of the alteration on non-conforming uses he will be working with Attorney Marshall Gould who will draft the language for this condition. Mr. Ron Mueller did a very thorough site visit. He spent a lot of time watching traffic behavior. There is a proposal to relocate the drainage manhole and the site condition is probably enough to navigate the turn. They do not need to widen that intersection. What they presented is what was agreed upon. He does not feel they need to do a Peer Review.
Attorney Marshall Gould stated that all town departments have been very helpful with this project. This has been a very nice project to work on. Everyone was extremely helpful.
Questions from the Planning Board:
Member Ed Newton, Jr. said he agrees there is no need for peer review. This is a really good project.
Member Mark Silverberg said he had questions on open space but now knows that both will meet the 60%. Member Silverberg said there are letters from the Board of Health, Fire
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December 01, 2015
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Department and the Town Engineer. Member Silverberg questioned if maybe it is necessary to put in speed bump to get people to slow down when taking a right hand turn.
Mr. Erik Vangsness said when we met, the November 18, 2015 plans were already submitted. He will mention this to Waterman Design to place on the plans.
Mr. Jim Winn, Ron Mueller Associates agreed and said he would recommend a speed table or speed bump.
Member Mark Silverberg said he is really worried about traffic coming off Route 9.
Mr. Erik Vangsness said he would recommend tapering the road down to grade on the east and west sides to prevent damming effect on drainage to occur.
Member Mark Silverberg said the lot lines confused him. He thinks there is lot of shared access points and snow storage. Utilities are serviced by municipal water, a loop system to Oak Street. These are all shared amenities which will have to be properly deeded.
Attorney Marshall Gould agreed and said he will oversee this.
Member Charlie Diamond said his only concern is to make sure that the speed bump is not too close to Route 9. Also where you pulverized asphalt on Park Street was that due to drainage?
Mr. Jim Winn responded that this has been fixed for reasons of drainage.
Chairman Brian Bush asked if ANR Plans will be presented?
Attorney Marshall responded yes because you already have two lots but they are being reconfigured.
Mr. Todd Alexander said that both he and Ms. Linda Townsend are Westborough people. He know Ms. Townsend was looking for land and presented this property to her. When we looked at the property he had her devise a plan for her use and he offered to take the access space. The focus of the project is the Wellness Center and refurbishing the Nathan Fisher House. We want to create a campus center.
Chairman Brian Bush questioned this will be one special permit encompassing two lots?
Attorney Marshall Gould explained that it is one application to encompass both properties but split into 2 separate parcels with 60% open space with some shared access and utilities.
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December 01, 2015
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Chairman Brian Bush asked do the parking counts meet on the proposed lots? Or are they needed to be combined.
Mr. Erik Vangsness said he believes maybe a space or two may need to be on E-2. 40 parking spaces are required for the uses proposed on Lot E-2 and 50 spaces for Lot E-1. Ms. Linda Townsend might need 3or 4 spaces to be placed on Lot E-2. It is depending on final ratios. Some of the spaces could be surplus, open for general use.
The Town Planner said that he and the Building Commissioner brainstormed on the worst scenario. Either with retail or restaurant, the most parking needed would be 70 spaces. They are offering more than what is needed. We don’t expect too many peaks between the wellness and the restaurant where they both will have max occupation.
Chairman Brian Bush said we have had people come in with Special Permit modifications for parking on older Special Permits. If you are to have these allowed uses and shared easements, you need to lump as much as you can into the original decision so someone in say 10 years will understand what happened. It will be written into the decision document. Parking is something we address in our condition. This should be written in especially where the uses are unknown.
Ms. Linda Townsend said a place of assembly is most common use. She works with people, business people.
Chairman Brian Bush asked are their going to be small counsel rooms?
Ms. Linda Townsend responded they will have both small and larger rooms for group participation.
Mr. Dan Lewis said the new plan shows new elevations on the Wellness Center. The Nathan Fisher House will have small uses, kitchen, or offices. The kitchens will be similar to residential conditions in a kitchen. The Nathan Fisher House will almost look the same. A common walkway from the parking lot will go right to the Nathan Fisher House and then to the left for the Wellness Center which will house the fitness rooms, treatment rooms, saunas, relaxation room, intensive uses. Their goal is to create a campus effect compatible to Nathan Fisher House. Each building will be a little unique and have a nice composition.
Chairman Brian Bush remarked that there will be shared uses, is there shared maintenance also?
Mr. Todd Alexander responded that yes, snow removal, maintenance on grounds and buildings will all be shared.
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146 & 148 Oak Street (formerly Nathan Fisher House)
December 01, 2015
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Mr. Carl Balduf, Town Engineer stated that he addressed this in his comment letter dated November 25, 2015. He agrees with common shared drainage, etc. Mr. Balduf added that the Board include his letter as a condition in the decision.
Chairman Brian Bush said that common shared drainage is an appropriate condition that needs to spelled out. Also the decision needs to also contain language on shared maintenance. We need to lay down the groundwork now for the future so that all successors going forward understand the intent of all shared parking, access, maintenance, etc.
Chairman Brian Bush asked if they have a landscape plan.
Mr. Dan Lewis responded that they are proposing what is required by zoning bylaw in the parking areas with trees 1 per 12 spaces. Trees will remain for privacy requesting species native to New England. Armstrong Maple will be planted along Route 9. We do want some flexibility for location of trees. Depending on final visibility, we may clump some trees in one area. Shade trees will be over parking areas. Grading in order to provide drainage will require slopes. We will stabilize the slopes with a native conservation mix. This also encourages wildlife habitat. We are keeping with style to promote natural wild life.
Chairman Brian Bush said he also agrees with waiver on peer review.
Mr. Carl Balduf also agrees.
Chairman Brian Bush said you mentioned setback from Route 9 being closer than75 feet. He likes the plan they are showing instead of honoring the 75 feet. He is not clear who are you looking for a waiver from on the setback requirement. What are you looking for in relief?
Attorney Marshall Gould noted that under Section 2620, there is a footnote b, when you go to e, the Nathan Fisher is closer than 75 feet to Route 9. Footnote e supersedes Footnote b. If you interpret the same, he would like acknowledgement but not as a condition for the front lot setback. The final site plan will show the setback to be about 10-20 feet further back than the existing Nathan Fisher House.
Mr. Erik Vangsness said the Nathan Fisher House is 30 feet from Route 9 and the new building on Parcel E-2 will be about 50 feet setback from Route 9. The 148 Oak Street building will be closer to Route 9 but not as close as the Nathan Fisher House.
The Town Planner said you don’t need a special permit for making a finding on it.
The building will be altered and extended as a pre existing use on the Nathan Fisher House. That needs a special permit for Use and Dimensional Permit and alter an existing building, Section 2410, a & d and Section 6 of findings. We do this every time there is a new auto dealership.
Minutes of Special Permit #2015-1
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December 01, 2015
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Mr. Carl Balduf said there is sewer service coming from 150 Oak Street so they won’t need easement from Spectrum to this project.
Mr. Carl Balduf noted that he will provide extra comments later. Utility connections can be executed in the site plan. He has made suggestions about sewer layout and also talked about drainage and will entertain removing some materials for infiltration basin. This is working the way it is presented. He has no problem with going forward.
Member Mark Silverberg asked as far as the special permit decision goes, in the future, when a new owner comes in for a change of use, what provisions does the remaining co-owner have or do they come in together.
Attorney Marshall Gould said this permit is asking for retail, office, restaurant, wellness, place of assembly uses. If the new owner wants one of those uses it is fine.
Member Mark Silverberg asked what if one owner wants to modify the special permit, does the other owner have to agree to this?
Attorney Marshall Gould responded that he has not given this a lot of thought. You have to have the two co-owners work this out together. If future boards are looking at a co-developer development, the co-owners need to get our own house in order first then come back to the town.
The Town Planner said if the new use intensifies, it would not be in the scope of the original Special Permit. They need to go forward and occupancy triggers maintenance. Once lots are separated, the Special Permit is for the uses. As long as the proposed use change is allowed by special permit you will not see it again.
Mr. Erik Vangsness said if the Board wants a speed table measure, can it can it be used at site plan review?
Chairman Brian Bush said that is okay with him. He would like to close the hearing and deliberate on a decision. Make a condition of the special permit to include as a condition the speed table. Email to us the information. One thing the proponent needs as only consideration is you need 4 out of 5 votes. There are only 4 Planning Board members sitting here.
Member Mark Silverberg said that Member Bill Spencer can vote under the Mullen Rule. However, maybe leave open the hearing so Member Bill Spencer can review the hearing.
Member Ed Newton, Jr. disagreed and thinks we can close it. Member Spencer was present on the informal discussion.
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December 01, 2015
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Member Charlie Diamond asked will this prevent the Town Planner from writing the permit.
The Town Planner responded no. Any member who missed a meeting can review the tape, minutes, can ask questions but can’t ask for additional information.
Attorney Marshall Gould said they just received comment letters, some letters will need more discussion before Site Plan Review. There are some technical review comments that just changed especially Fire Department. We will meet with the Fire Department before Site Plan Review.
The Town Planner said we have dealt with an issue like this before and we moved public comments to the rear of the decision and say comments are provided.
Member Ed Newton, Jr. motioned to close the Special Permit public hearing on 46 & 148 Oak Street. The motion was seconded by Chairman Brian Bush.
Member Mark Silverberg remarked that he does not see a drawback to leaving the hearing open. But by closing it, we have 3 letters we are looking at tonight and why not leave open for Member Bill Spencer. We can bring Member Bill Spencer up to speed and then close the hearing at next meeting and do the draft decision. He will not support closing the hearing tonight.
Member Ed Newton, Jr. motioned to close the Special Permit public hearing on 46 & 148 Oak Street. The motion was seconded by Chairman Brian Bush and there were 3 votes in favor of closing hearing and one opposed. Motion Passed 3 to 1.
The Town Planner remarked that he will prepare the decision for discussion at the December 15, 2015 meeting.
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
NOTICE O PUBLIC HEARING
ON
RULES AND REGULATIONS FOR
DOWNTOWN PLANNING OVERLAY DISTRICT (DPOD)
December 01, 2015
Pursuant to the Rules and Regulations for the Downtown Planning Overlay District (DPOD) of the Town of Westborough, a public hearing was held on Tuesday, December 01, 2015 to consider the establishment of the Planning Board’s Rules and Regulations for the Downtown Planning Overlay District (DPOD) as required under the Town of Westborough Zoning Bylaws, Section 4900.
Chairman Brian Bush read the legal advertisement which appeared in the Worcester Telegram and Gazette on November 19, 2015 and November 23, 2015.
Green Cards: Okay
Chairman Brian Bush said that the Town Planner put together a draft of what we might want to include in the DPOD guidelines. We are obligated to have the Guidelines for this under our Zoning Bylaws, Sections 4910, 4940 and 4950. We need to reference the portions of the Zoning Bylaw where DPOD has criteria. Chairman Bush said he put down his comments and Member Charlie Diamond also gave his written comments. We will first review all these comments.
Chairman Brian Bush said under Section 4910, Purpose, we create a greater flexibility and more creative and imaginative design for the development of retail, office, restaurant, residential and open space than is generally possible under conventional zoning. We wish to promote and facilitate redevelopment of certain portions of downtown Westborough while providing a harmonious variety of uses, a higher level of amenities, a stimulus t the economic development of the community and provide vitality to the downtown area.
- Chairman Brian Bush said first we could create a specific Application for a DPOD Special Permit.
Member Mark Silverberg said the Application is great idea. The Town Planner would have to draft this. The purpose already gives the intent of what we want. He wants to see a draft of this application.
Member Charlie Diamond noted that purpose of this Application would give the developer direction and to know what is expected of him.
The Town Planner responded that creativity, architectural, size, number of bedrooms, application of fee structure to be used. We can always change the fee for a consultant. If it is an unusually large project, it would be subject to an escrow account.
Chairman Brian Bush said that the Town Planner will draft the application for the DPOD.
Minutes of Public Hearing
Modification to Subdivision Rules and Regulations
December 01, 2015
Page 2
- Establish dimensional standards:
Chairman Brian Bush said that the DPOD has fairly relaxed requirements and if we were to have something that is too close to the dimensional standards then it would require a variance.
Member Ed Newton, Jr. said we could waive it.
Chairman Brian Bush said he disagrees. Some people are close to the sidewalk due to pre existing non conforming.
Chairman Brian Bush said that the Town Planner can do research on being closer than 10 feet to sidewalk. It would be beneficial to have buildings closer to the street for esthetics and parking would be in the back. We need to encourage prospective applicants to move buildings closer to the street. If we keep the 10-foot setback, that space should be quasi public space.
If you put it in a pocket park, even if on private property, it could be available to the public. If the setback too far you will lose the effect of what we want. The back of the sidewalk is typically the property line.
Member Mark Silverberg said he likes the idea of sidewalks meandering. He also likes the idea of taking parallel parking space in front of a restaurant and then allowing the restaurant to spill into the parallel parking space with outdoor seating.
The Town Planner agreed. If we change the curb it then becomes an extension of vender.
Member Mark Silverberg suggested that even retail could turn into a outdoor market feel. 10 feet is not negative.
Chairman Brian Bush agreed. Our build-to-line could be 10 feet. In that10 feet we are looking for creativity, a space that will have access for the public. We encourage that development is built at 10 feet.
Member Mark Silverberg agreed that we should encourage the applicants build-to-line is 10 feet but the Planning Board has the right to waive for a creative design, idea.
Member Charlie Diamond said last meeting he mentioned 12 feet, he wanted to have buffer between traffic and walkway. Have an open walk, provide a buffer for pedestrians. He would like creative design. Buildings with vestibules, garden entrance, he doesn’t want to see monolithic boring buildings. He wants it interesting visually. There was a study done in Denmark on an area where they had long stretches of office buildings. There was nothing of interest and people were depressed. This was then compared with development of visually pleasing buildings. People did much better with less depression.
Minutes of Public Hearing
Modification to Subdivision Rules and Regulations
December 01, 2015
Page 3
Member Mark Silverberg said the setback minimum is 10 feet. He prefers they be allowed to build right up to the lot line. Require the build-to-line be 10 feet.
Member Charlie Diamond pointed out that the space could it be temporary or seasonal such as cafés with trees and grass, bike racks.
Chairman Brian Bush said he wants to be careful not to tell a developer what to do. You don’t want to stifle someone creative. Let a creative developer do what he can. We should encourage developers to be creative. If buildings are built at that line it will still look like a old fashion downtown.
Member Ed Newton, Jr. said it would look like what South Street Diner did with a little grass strip in front of that building.
The Town Planner said we look at similar exercises in Design Review Board. The DPOD only has 5 streets that can allow a project. You should look at good examples and provide it in the regulations. Dunkin Donuts is completely different. The building is only 30 feet from back of the lot. Look at the examples, we want you to try to build at 10 feet but will listen to ideas. Try to create a continuous walkway around the buildings. You build in the back of a building if there are points of interest. Give equal consideration to both front and back of buildings. Make them equally interesting. Public art is near all buildings in cities and they all try to get your attention. Create something interesting.
Chairman Brian Bush said lets all take a stab at feedback and then some members go with the Town Planner to walk around to get ideas. These regulations are moving in the right direction.
In summary, buildings are to be built at the 10 foot setback, and any of these regulations can be waived.
Chairman Brian Bush said in the downtown there is a wetland issue that affects the rear of many lots.
Member Ed Newton, Jr. said he is afraid they will be like Toll Brothers where they want everything closer to the front.
Member Mark Silverberg said to stick to interconnectivity between sites to be mandatory.
Member Ed Newton, Jr. said we could end up with a road that goes to nowhere. The plan has to be more of a master plan.
Chairman Brian Bush said to avoid this, we need to look where we might want those connections to be in advance.
Minutes of Public Hearing
Modification to Subdivision Rules and Regulations
December 01, 2015
Page 4
Member Mark Silverberg said he would like to see Colonial Drive loop and come out behind Downtown Crossing and come out at CVS.
The Town Planner said this could be possible for non motorists. We could do a GIS study to see where the wetlands are and then do a walk to see what is available for pathways.
Member Ed Newton, Jr. pointed out that you would have to go lot by lot and this would be expensive.
Member Mark Silverberg suggested that the Board put in a general regulation that interconnectivity will be required unless waived by the Board. This could be directed by the Town Planner as to whether it will be required. We could start looking at these sites in the back to see where the wetlands are.
Chairman Brain –Bush said that traffic and access is a big deal and where we will have intensive uses, we should spell this out. Parking requirements should be less stringent and more flexible and the burden should be on the developer to show what would be required. A good example of this is 25 West Main Street. The burden should be on the developer to prove what he needs.
Land set aside for open space is important and should be considered even though some of the spaces are small.
Member Mark Silverberg said there are other solutions if they don’t have the open space. Maybe we could ask for a contribution to an open space fund.
The Town Planner said you could ask but not require.
Chairman Brian Bush said there should be a minimum lot size before you address open space. You can’t tell people they have to make a contribution if they have a small lot. If you have 2 curb cuts and parking in back, a very appropriate open space would be a pocket park between the buildings or a shelter for a school bus where people can sit. Location would be a reason for open space.
The Town Planner said in New York there is open space that the public uses that looks like an alley for people to pass through to an open space area.
Chairman Brian Bush cautioned that when you do this you are also walking across public property that connects with neighbors. Use a 2 acre minimum on open space.
Minutes of Public Hearing
Modification to Subdivision Rules and Regulations
December 01, 2015
Page 5
Member Mark Silverberg said maybe look at the number on a case by case basis.
The Town Planner responded that you can change your regulations and also waive.
Chairman Brian Bush recommends encouraging mixed use but at what percentage? It should have a meaningful amount of retail in it. His vision would be commercial on the street level and parking lot side. Maybe half of that would be retail. 7-10% should be a minimum of retail in a mixed use. If a particular project does not work in a zone, then they will have to go away. Take on ones with a will do what is envisioned in that district. There needs to be a minimum if you are putting in a residential component.
Member Ed Newton, Jr. agrees that it should be around 12%.
Chairman Brian Bush said he is trying to figure out what percent of retail to residential is at 25 West Main Street; also Bruce Forrestall’s building.
Member Mark Silverberg agrees and put in a number of 10-12%.
Chairman Brian Bush said that offices do not create interest and are strictly destination. Office use would be okay on the second floor or in the back. Ground floor needs to be retail in doing a mixed use. Any building with residential has to have 9-12 % on the ground floor.
Chairman Brian Bush asked about the bedroom mix. He recommends a mix of unit types that include studios, one or 2 bedrooms. We can’t mandate ownership vs. rental.
Member Ed Newton, Jr. agrees that for the downtown area we should not go with a three bedroom.
Member Mark Silverberg said some mix in the downtown is good. You do want to still encourage families in the downtown,
The Town Planner said 2 bedroom units if the square footage is enough could potentially attract young families.
Chairman Brian Bush said the mix of bedroom styles will be studio, one and two bedrooms.
Chairman Brian Bush said under environmental issues, they are already stringent.
Member Ed Newton, Jr. agrees.
Minutes of Public Hearing
Modification to Subdivision Rules and Regulations
December 01, 2015
Page 6
Chairman Brian Bush thanked all for taking a stab at these regulations and we will retake up at the next meeting.
Member Mark Silverberg motioned to continue the public hearing on the DPOD Guidelines and Standards to December 15th. The motion was seconded by Member Ed Newton, Jr. 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
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