MINUTES OF WESTBOROUGH PLANNING BOARD
December 15, 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, Diamond and Spencer were present.
Meeting dates: January 05, 2016 & January 19, 2016
Chairman Brian Bush stated that the first item on the agenda is for a public hearing on Toll Brothers but he must recuse himself from this discussion. Chairman Bush said we will take all the other agenda items first and place the Toll Brothers hearing last.
Member Bill Spencer noted that he signed the Mullen Waiver and reviewed the minutes of the December 01, 2015 meeting and feels comfortable to participate in all discussion tonight.
At 7:00 p.m. the Board prepared to discuss the Draft Special Permit Decision for 146 & 148 Oak Street.
Mr. Todd Alexander, Five Partners, LLC, Ms. Linda Townsend, Release Well-Being Center, LLC and Mr. Erik Vangsness from Waterman Design Associates were all present.
Chairman Brian Bush said you did a presentation at the public hearing and we closed the hearing on December 1st. Tonight we are here for discussion on the final draft decision.
Mr. Eric Vangsness asked if Attorney Marshall Gould’s comments had been included into the decision.
The Town Planner responded they have been included into this decision.
Member Mark Silverberg asked under “Description” to change the word “parcel” to “site”.
The Town Planner reminded the Board that this is a special permit for the use. It will be changed as they progress.
Member Mark Silverberg remarked that the applicants may file for a variance.
The Town Planner said that under “Findings”, these are findings we found when we reviewed the application. They may go for a variance for their signage. We will not oppose a request for a variance on signage.
Member Mark Silverberg said the project needs to stand without the variance. We need to look at the merits.
Chairman Brian Bush said the possible variance would be just for the sign. If they don’t get the variance, they can’t have the signs.
Minutes of Westborough Planning Board
December 15, 2015
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The Town Planner reviewed the decision with the Board and the proponents.
Member Mark Silverberg stated that when we went through the site plans, we talked about access from Route 9. He had stated that he wanted a speed bump.
Mr. Vangsness responded that it will be on the Site Plan Review Plan reviewed by the Board of Selectmen.
Member Mark Silverberg said this could be a safety issue. We can make recommendations to the Board of Selectmen. He thinks the egress curb cut needs to be set back from Route 9 and the speed bump needs to go in on the ramp.
The Town Planner responded if you put this into the Special Permit then it is required.
Member Ed Newton, Jr. said he does not think you can design the plans for the fire truck now.
Member Mark Silverberg said he is talking about a speed bump coming off of Route 9. We should add this into the decision.
Member Charlie Diamond asked can it be included in the drawing and not in the decision.
Member Mark Silverberg said if the speed bump can be referenced in this decision he would be happy.
Mr. Erik Vangsness said that there are three different kinds of speed bumps and we are going with one of them.
Member Mark Silverberg said he would be happy with the addition of verbiage saying “speed control measures”.
Mr. Todd Alexander said he has no problem with the inclusion of this language.
Chairman Brian Bush suggested adding on Page 6 the language that says the Applicant shall add a speed control measure coming off the exit ramp of Route 9.
Member Ed Newton, Jr. motioned to approve the Special Permit Decision for 146 & 148 Oak Street as amended tonight. The motion was seconded by Member Mark Silverberg and unanimously voted.
Minutes of Westborough Planning Board
December 15, 2015
Page 3
Preservation Acres discussion:
Member Ed Newton said he must recuse himself from this discussion.
Mr. Matt Zuker and Mr. Ken Chase were both present for discussion.
Mr. Matt Zuker said that they are finally finished the binder coat on the road known as Preservation Way. All the drainage is in but not yet functional. His plan is to activate the last two detention basins and catch basins. We have Lots 3 & 4 foundations in and plan to start construction on the homes shortly. We have 4 additional lots under agreement and would like to start construction on the additional houses so are requesting the lots be released.
Chairman Brian Bush said he knows they have met with the Town Engineer who prepared a bond estimate in the amount of $294,428.75. Chairman Bush said you wrote a letter on December 3rd and asked if the Planning Board would consider holding 2 lots as security for the work.
Chairman Brian Bush said the Planning Board does not use this as a form of security. You will need a covenant with a construction schedule and use a deposit of money, a lenders agreement or negotiable securities. Holding lots for security would be difficult for the Board to convert into cash if the applicant went bankrupt. In the past we had trouble with developers and it was hard to get the money out of the lots. This board prefers to have a posted bond with a covenant. You have to put up a security on the road work. A security or cash is good.
Mr. Ken Chase asked will they get lots released as work gets done. All their lots are appraised at $200,000 a piece.
Chairman Brain Bush said if you foreclose, we would have to sell the lots to get the money to finish the subdivision. This is not a safe thing for the town to do. This is why we prefer cash or security. We are not disputing the value of the lots.
Mr. Carl Balduf said he has discussed the bond amount with both Ken and Matt and knows his number is bigger.
Chairman Brian Bush explained that the Board does not an issue with the concept but the mechanism. He does not think it is practical. In order to expedite the process we can vote on the bond amount and then if they use a surety bond it must be reviewed by the Town Treasurer.
Mr. Ken Chase said he would appreciate the board voting on the bond amount tonight.
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December 15, 2015
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Member Mark Silverberg motioned to release the remaining lots subject to a security bond and covenant being in place. The motion was seconded by Member Charlie Diamond and unanimously voted.
Chairman Brian Bush suggested they use the recommended measures outlined in the Subdivision Rules and Regulations.
At 7:50 p.m. the Board prepared to continue the Public Hearing on the Downtown Planning Overlay District (DPOD) Rules and Regulations.
Chairman Brian Bush said because the Town Planner did not have sufficient time to prepare the documents needed, the Boar will continue the DPOD hearing to the next Planning Board meeting to be held on January 05, 2016.
Member Ed Newton, Jr. motioned to continue the public hearing on the DPOD Rules and Regulations to January 5th, 2016. The motion was seconded by Member Mark Silverberg and unanimously voted.
The minutes of November 17, 2015 and December 01, 2015 were reviewed and endorsed.
OLD/NEW BUSINESS:
Update on State Hospital:
Chairman Brian Bush said the State Hospital Reuse Committee met with Board of Selectmen and gave them a presentation update on progress. The Selectmen were supportive of the reuse plan showing parcel division and proposed zoning. We have succeeded going forward on what will be retained and what comes down. The Selectmen will have a formalized recommendation by January.
The Town Planner said the Planning Board will have to discuss the zoning options for a March Town Meeting. We would have to do public hearings in January or February.
ANR Plan – 210 East Main Street:
The Town Planner stated that this is an existing lot located at 210 East Main Street. The main lot is 6 acres and will have one split to create 2 lots. The new lot will be 1.38 acres leaving a modified existing lot with a house on it of 4.6 acres. Both lots have adequate frontage and meet our zoning requirements. Mr. Landroche has given the correct fee of $300.00.
Owner Mr. Don Landroche and Mr. Gary Pelling from ReMax were present.
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December 15, 2015
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Chairman Brian Bush said he understands that the division of this lot is for a residential use. Some of the uses on the street were used for farming.
Mr. Landroche responded that it is correct.
Member Mark Silverberg motioned to approve the ANR Plan prepared by Waterman Design Associates entitled “Plan of Land, 210 East Main Street, Westborough, Massachusetts” for Mr. Donald & Nancy Landroche, dated November 24, 2015. The motion was seconded by Member Ed Newton and unanimously voted.
115 East Main Street zoning discussion:
Mrs. Kimberly Rickman said that she and her husband just purchased this property and would like to rezone the property and go with the Gateway 2 extension. They want to do a mixed use, multiple family on their property. They have already spoken with architects and the Gateway District will open up opportunities for them.
Member Ed Newton, Jr. said we have talked about extending and getting the Gateway 2 District one. He likes using the mixed use element.
The Town Planner said we can just extend the Gateway District and do it as one whole Gateway District.
Member Ed Newton, Jr. agreed and said we should start working on this.
The Town Planner asked if they have checked with neighbors to make sure there is no opposition.
Member Ed Newton, Jr. said he knows their neighbors and they are interested in this extension. We should look forward to getting this done.
The Town Planner recommended that Mr. Rickman talk to their neighbors. Allowing commercial in the district would be how the Board would go.
Chairman Brian Bush said we could try to get it ready for Town meeting in March. However it is probably more realistic to be fall town meeting. Talk to your neighbors.
At 7:20 p.m. the Board prepared to hold a Public Hearing on a Modification to Toll Brothers – Gleason Street. See attached minutes.
Minutes of Westborough Planning Board
December 15, 2015
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There being no further business to discuss, the meeting adjourned at 9:17 p.m.
Respectfully submitted,
Sandy Spinella/Administrative Assistant
APPROVED:
--------------------------------------------------- -----------------------------------------------------Brian Bush, Chairman of Board Mark Silverberg, Vice-Chairman of Board
------------------------------------- ---------------------------------- -----------------------------------
Edward Newton, Jr. Charlie Diamond William Spencer
NOTICE OF PUBLIC HEARING
ON
Modification to Westborough Village (T-OV)
Gleason Street
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 15, 2015 on a Modification of its Special Permits. The original special permit for the project was issued in 2006 as Special Permit #05-1 and the special permit was modified in 2010. This application concerns the parcel referenced as Assessor’s Map and Parcel 18-5-0 located on Gleason Street, Westborough, Massachusetts.
Chairman Brian Bush read the legal advertisement which appeared in the Worcester Telegram and Gazette on November 30, 2015 and December 05, 2015.
Green Cards: Okay
Member Mark Silverberg invited the proponents to come forward with their presentation.
Attorney Christopher Senie, Mr. Shawn Nuckolls, Mr. Derek Wheeler were present for discussion.
Member Mark Silverberg thanked everyone for being so patient. It just made sense for the Planning Board to take all the other items first so that Chairman Brian Bush to could participate in the discussions. We will hear the presentation first, and then Board comments and then we will take your questions.
Attorney Chris Senie said he is here tonight to present the 4 part proposed modification. As you know Toll Brothers cannot finish the basements in their last phase at Westborough Village. We are requesting an amendment to the projects Special Permit #05-1 granted in 2006 and the amendment that was granted in 2010. There are four items that Toll Brothers is seeking a modification on:
- The first item is the interconnectivity of their neighborhood and the neighboring property called Westborough Commons. We should have cross easements between the two projects. Mr. Shawn Nuckolls has drawings that will be helpful.
Mr. Shawn Nuckolls of Toll Brothers presented the Board with 3 plans. The first plan is the ANR Plan that separates the parcel for the commercial building, making it separate from the Westborough Village. This parcel or Building #46 is not part of the Westborough Village Condo association. The second plan shows the location layout of Building $46; and the third plan is the proposed sidewalk connection designed by Waterman Design Associates. What is built as Building 46 is a 10,000 square foot building. When the building is constructed it might change how the building sidewalk looks.
Minutes of Modification to Special Permit #05-1
Westborough Village
December 15, 2015
Page 2
Mr. Derek Wheeler remarked that the owner of Village Commons has come to them to work out a contiguous walkway between the two properties.
- Attorney Senie said that the second request is to allow an alternative development program for Building #46 to allow a mix of age restricted dwelling along with commercial within Building #46. Attorney Chris Senie said it is disappointing that the commercial building has not been developed. Toll Brothers would like to develop it if they could find a good tenant. How can we speed up the absorption of this building? Maybe change it to 5,000 square feet of commercial and then 5,0000 square feet of age restricted. It might make it more attractive to prospective tenants as a mix use building. We wrote into the application the opportunity to come back before the Planning Board with a mix use for the building if we can’t get a tenant. Might want to allocate resources to bring the plan back
into building #46 quicker.
Member Bill Spencer said the original intent was to have the building built totally as commercial. He would like to see it continue this way. Can we do the age restriction at this location?
Member Charlie Diamond said the original intent was to have mix use to offset the cost of the children in the residential proponent.
Member Mark Silverberg said we have authority under the special permit as to whether mix use is allowed in this district.
The Town Planner said it is allowed under the T-OV zoning.
Member Charlie Diamond said he has no issue using this as an active adult proposal. He has no problem with this being an alternative.
Member Ed Newton, Jr. said he is concerned that when we created the Senior Living Overlay District, we studied it for a year and found that older people don’t want to be that far out of town.
Member Mark Silverberg said they are not proposing to reduce the commercial square footage. To him this is a win by adding an age restriction project. He wants to see the building built. He agrees that there is a need for senior housing for downtown. But he feels seniors would appreciate the train station and the retail that is being proposed.
Member Ed Newton, Jr. said if we have the commercial proponent still there then he agrees. Otherwise you defeat the purpose of the T-OV.
Minutes of Modification to Special Permit #05-1
Westborough Village
December 15, 2015
Page 3
Mr. Shawn Nuckolls said they are not proposing that they won’t build the building totally commercial.
Member Bill Spencer said he is fine with this proposal.
Attorney Chris Senie said this is an attempt to make the commercial more realistic.
- Attorney Senie said #3 is related to #2 in that Toll Brothers did listen to comments from staff. Again, they are disappointed that tax revenue from the commercial is not flowing in. Since development of Building #46 has taken longer than anticipated, Toll Brothers is considering a program called PILOT. They are seeking permission to make payments in lieu of taxes to the Town beginning in the current tax year, at the rate of $15,000 per year. Toll Brothers is willing to do this until Building #46 is built under the original or alternative development program approved by the Planning Board. Toll Brothers proposes a cap on PILOT payments of 5 years or a maximum of $75,000. The commercial building should be up before they hit 5 years.
Member Ed Newton, Jr. said he likes the idea. This is smart.
Mr. Shawn Nuckolls said he always envisioned that the commercial building would be built last. This community has put a larger strain on the school system than anticipated. We have come up with a payment to help dissolve this issue. $75,000 they are bringing to the table.
Member Ed Newton, Jr. said originally there was no requirement that the commercial building be built last. When you came in 2010 this is when it changed.
Member Charlie Diamond asked how we know that you won’t start this project before the 5 years.
Mr. Shawn Nuckolls said it is an encouragement to build it sooner.
Member Mark Silverberg said the purpose of this amendment is to fix some things that were overlooked in the amendment and the original special permit. We are looking at flaws and trying to fix them. The interconnectivity part is trying to fix the fact that the commercial piece is at the end where we get not tax relief. He understands what they are saying
- Attorney Senie said request #4 is asking the Board to waive Footnote 5 on the dimensional table under Section 5060 of the Zoning Bylaws. Note 5 would be considered to mean that there will be no bedrooms below grade. It may be finished with bathrooms but no bedroom closets, no bedrooms or kitchens.
Minutes of Modification to Special Permit #05-1
Westborough Village
December 15, 2015
Page 4
Attorney Chris Senie said there are 90 units that have basements. 71 have been sold and 19 are not sold. 35 have some degree finished basements. The building department approved plans to show finished basements. Toll Brothers didn’t expect the Town to interpret no below grade basement units. They prepared a fiscal impact analysis that was way off. They were looking at apartment rates and did not look at town homes. It is important to understand that this village is not a disaster for the town. The School Department has seen 75 children and 138 when built out. That cost is 1.6 million a year. There is a Homeowners Association that covers cost of snow plowing, maintenance of the roads. They take care of their own infrastructure. We got Veteran
Memorial Park out of this project. We thought it was okay to finish basements. Now there is a new interpretation that it does pay for itself. The request is to look at the equities and balance. The finished basement is really important space to people who live there. He is sorry if he read it wrong. This is what drives this catch up modification of the Special Permit. Other issues are cross easements. We have a wonderful community of people and they will contribute to the Town. He is asking the board to consider a waiver that is clear in defining finished bedrooms.
Member Ed Newton Said of the 90 basements, 35 are finished and19 have not been sold. He does have a problem extending anything on the remaining 19 units. For the 19 that are not sold he would prefer not to allow finished basements.
Attorney Chris Senie said of the 19 remaining units, 10 are single family homes. Would it be legal not to allow basements to be finished in single family homes? Zoning should stay out of the single family interior space.
Mr. Shawn Nuckolls asked the Board if they are suggesting carving out an area that says no finished basements.
Member Ed Newton, Jr. said he knows they are asking for a waiver. The Building Commissioner may not allow them to be done. The problem is we put Note 5 in there for a particular reason.
Member Mark Silverberg said we do not need to worry about why Note 5 is there. The question is whether we grant the waiver or not.
Member Charlie Diamond said the proposal for a compromise is reasonable. Go ahead with the 10 single-family homes and restrict basements on the 9 townhouses.
Member Bill Spencer said he has been struggling with this. He as a resident, he feels that you should be able to develop your property the way you want. A compromise might work, it feels comfortable.
Minutes of Modification to Special Permit #05-1
Westborough Village
December 15, 2015
Page 5
Member Charlie Diamond said the original argument was term of occupancy. In the original proposal, occupancy meant using the basement other than storage was not allowed.
Attorney Chris Senie said he wrote the first draft of the T-OV. Note 5 is the only note that does not relate to the dimensional table. There is no definition of occupancy in the Bylaw. The multi family section somehow got put into the T-OV district. In zoning there is not a strong definition of “occupancy”. The model units were built and everyone saw finished basements. It is very hard to figure out where Note 5 came from. He suggests no bedroom, no bedroom closets, and just extra space. The Homeowners Association agrees with this. He can’t imagine a basement not being used as buildable space like a family room, etc. The planning board can make a waiver on Note 5. This modification is fair and reasonable and he is asking the Planning
Board to think about doing the right thing.
Member Mark Silverberg reflected when we look back at 2010, if we had realized the impact this community would make, the applicant would have asked for a waiver back then. Mistakes were made on finishing basements without a waiver. We must either waive it or not. We have a project that is townhouse design that the expectation is to finish the basements. We should grant this waiver. It is not a question of fixing the mistake but what is good by making a good designed project. Member Mark Silverberg said he can’t tell the Board how to vote but take in to account his opinion. Member Mark Silverberg reminded Toll Brothers that another outstanding issue is the security gate. We have asked for the reinstallation of the Town’s security gate at the entrance to the Water
Treatment Plant access driveway.
Mr. Shawn Nuckolls said it is installed.
Member Mark Silverberg said at the crosswalk on the south side of Smith Valve Parkway, one side has a curb cut and other side is solid curb.
Mr. Derek Wheeler said Toll Brother’s agree that the solid curb should also have a curb cut to allow passage of bike and pedestrians.
The Town Planner said that Toll Brother’s has confirmed that the gate is in place. If acceptable to the Town Engineer, that is fine. There should be a commitment to create the cut to the other crosswalk to allow passage.
Mr. Shawn Nuckolls said he has been involved since the beginning on this project. We have talked a lot about interpretation. There was never a discussion about finished basements in any of the minutes. He brought in plans showing finished basement. We built models with finished basements. Not this issue comes up. He hopes the Board grants this waiver.
Minutes of Modification to Special Permit #05-1
Westborough Village
December 15, 2015
Page 6
Audience:
The resident at 49 Townsend Blvd stated that he lives in a townhouse unit and doesn’t have a basement. In general his belief is the value of homes would be more valuable with finished basements. It would be better tax revenue. Whatever Note 5 was intended to solve, with the added language can’t come to be in this location. It is senseless to try to follow to the letter. You should finish the units and be consistent. Not having bedrooms and kitchens in the basement addresses the problem. Take the tax revenue. He really is in support of approval of this amendment.
The resident at 6 Simon Howard Way stated that he has a finished basement but has neighbors that want to have their basements done too. It is wonderful to have the extra space for a family room. We don’t use this for sleeping but is used for playing and extra space.
The resident at 41 Simon Howard Way thanks all for this discussion. He moved in this year but does not have a finished basement but had the option of a bulkhead. A finished basement adds value to your property and he would like the Board to consider this waiver.
A resident at Simon Howard Way said he has a finished basement and bought last year. He uses his basement for extra entertainment. He is on the Board of Trustees. They agree with no kitchen, no bedrooms, etc.
Mr. Walter Ward who lives at 721 South Street asked why you questioned the security gate.
Member Mark Silverberg said it was originally taken down so that Toll Brothers could access their construction site.
Mr. Walter Ward asked why it has to be gated.
Member Mark Silverberg responded that this is not a public way but is access to the Water Treatment Plan. People from Toll Brothers can’t go into the Water Treatment Center. Toll Brothers was allowed to access to their property only during construction.
Mr. Walter Ward said he is wondering who gave them the approval to move the gate.
The Town Planner said this access is a town owned private way.
Mr. Walter Ward said but you moved a gate that was there to protect our water source. Why was it moved?
Minutes of Modification to Special Permit #05-1
Westborough Village
December 15, 2015
Page 7
Mr. Shawn Nuckolls said they have moved the gate back to its original site. There is no emergency access.
Mr. Carl Balduf, Town Engineer said that emergency response vehicles have the ability to open the gate. This has never been an issue.
The Town Planner recommends continuing the public hearing and drafting a decision.
Member Ed Newton, Jr. motioned to continue the public hearing on the Modification to Special Permit #051- - Westborough Village to January 5th, 2016 at 7:00 p.m. The motion was seconded by Member Charlie Diamond 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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