MINUTES OF WESTBOROUGH PLANNING BOARD
January 19, 2016
Regular meeting of the Westborough Planning Board held in the Forbes Municipal Building in the Room 23, 45 West Main Street. Members Bush, Silverberg, Diamond and Spencer were present. Member Ed Newton, Jr. will be present by Skyping.
Meeting dates: February 02, 2016 and February 16, 2016
Chairman Brian Bush said tonight we are taking discussions out of order because Member Ed Newton, Jr. and he both have to recuse themselves from certain discussions on the agenda.
Member Ed Newton, Jr. said he must recuse himself by Skype from the Preservation Acres discussion.
At 7:00 p.m. the Board met with Mr. Matt Zuker and Mr. Ken Chase from Preservation Acres to discuss the Covenant, Lot Releases and Bond Security.
Mr. Matt Zuker gave an update to the Board. The Bank that they are using preferred a Tri-Party agreement. However the amount of the loan offered was different than the amount of the estimate from the Town needed. We have to amend the amount with our lender. We are trying to find a solution to this issue. Is there a way we can start work on the remaining lots. Is there a way to protect the Town and still allow us to start the process of these remaining lots?
Mr. Ken Chase explained that we have 6 Purchase and Sales agreements signed. They are trying to create a time line with the buyers that we can stick to. We are victims of our own good fortune. We are not trying to put the Town in a negative position but just want to at least start the process for permits. We would like to do a written agreement with the Town.
Chairman Brian Bush explained that typically we don’t go outside the parameters of our Regulations. If a lot is released, it is not encumbered by the plan. He does not think you can get a building occupancy permit.
Mr. Ken Chase said the Town Planner would have to sign off on the occupancy permit form and if we didn’t have the security in place yet then he wouldn’t sign it.
Mr. Matt Zuker asked is there not a mechanism that we can use.
Chairman Brian Bush said with a subdivision it is the release of covenant with successful security bonding.
Mr. Matt Zuker said the sooner we are done with this subdivision the better it is for Town. We just didn’t know it would take so long with the bank.
Mr. Carl Balduf, Town Engineer said the decision allowed for two building permits right away.
Minutes of Westborough Planning Board
January 19, 2016
Page 2
Mr. Matt Zuker said the binder, drainage is all in and the Town Engineer signed off on it. We know you can’t occupy a lot until you put up security.
Mr. Ken Chase asked can we do a document that says lots are not released for occupancy until proper security is in place.
Chairman Brian Bush said that is possible. The Building Commissioner is governed by his jurisdiction of zoning. Our issues are not intended to create hardship. We just need to follow procedure and process. He can’t think of a good alternative to what is already there.
Mr. Ken Chase said part of the problem is the time of year. If we could start work we can still get in the ground. If we could create a recordable document, it would create clout in the title.
Mr. Matt Zuker suggested maybe we could apply for the permits.
The Town Planner said he spoke with Mr. Tin Htway, Building Commissioner. His regulations allow him process to proceed. If the new occupants sue the Town we have to give you the occupancy. We are in a catch 22. You could be done and ready for occupancy and still not have funds in place.
Mr. Matt Zuker said he does not think it is quite that cut and dry and really thinks it can be worked around. Some towns will issue the foundation permits first.
Mr. Ken Chase asked could the Planning Board okay us to be reviewed by the Building Department.
The Town Planner said you can do that now. Work with all the other departments for sign off.
Mr. Ken Chase said we want to ask the Building Commissioner to at least review the application with the exception of the Planning Board signature.
Chairman Brian Bush said at a previous meeting we voted on the bond amount and release of the remaining lots subject to a covenant and security in place.
Member Mark Silverberg said he does not see any formal request in writing. He is all for making the process as streamline as possible but he can’t talk for the Building Commissioner. We can ask the Building Commissioner to move on the process. He does not have an objection to them moving on the process.
Mr. Matt Zuker said the Planning Board has already given us two lots with the approved decision. He would like to be able to have more lots released.
Minutes of Westborough Planning Board
January 19, 2016
Page 3
Member Mark Silverberg said that might require reopening the Definitive Hearing on Preservation Acres. You can’t change from 2 lot releases to 5 lots being released up front.
Chairman Brian Bush agrees it would be a subdivision modification and require a reopening of the public hearing.
Member Mark Silverberg said as far as producing a deed and recording it, we would need Town Counsel to review this. He does not even know if the Building Commissioner would accept this. They need to go sit down and talk to the Building Commission on his procedure.
Member Charlie Diamond asked are they having a hard time getting the money.
Mr. Matt Zuker said it is a large sum of money. It is a long process. However, the quicker it is done is better for everyone. We will go talk to the Building Commissioner.
End of discussion.
Member Ed Newton, Jr. is now present by Skype for the remaining meeting.
Note: Chairman Brian Bush must recuse himself from the meeting on Toll Brothers.
At 7:35 p.m. the Board prepared to continue the Modification to Special Permit #T-OV-05-1 (Westborough Village). See attached minutes.
Chairman Bush rejoined the meeting for discussion on the Town Meeting Article.
At 8:20 p.m. the Board prepared to open the Public Hearing on a Town Meeting Article to amend the Zoning Bylaws and Zoning Map and by amending the Zoning Classification for the Parcel listed as a Municipal Town Owned Property (M-1) to Single Residential (R) shown on Assessor’s Map 20, Parcel 308, also identified as 7 Parkman Street:.
Chairman Brian Bush read the legal advertisement that ran in the Worcester Telegram and Gazette on December 31, 2015 and January 07, 2016 into the record.
Green Cards are fine.
Chairman Brian Bush summarized that this is a housekeeping matter from Fall Town Meeting. The voters at Town Meeting directed the Town to prepare the Spur House for public sale. The property has been used as a residence in the past. To facilitate its sale as a residence, its present zoning is Municipal (M-1) and it must be changed from use Municipal (M-1) to Residential (R) because all abutting properties are residential.
Minutes of Westborough Planning Board
January 19, 2016
Page 4
Member Mark Silverberg said he has no issue with change. Historically the property was used as a residence. What would be allowed there, a two family?
The Town Planner said if we change the zoning it will be governed by the new zoning, single family. A 2-family would be allowed by Special Permit from the ZBA.
Member Mark Silverberg asked is there no grandfathered uses?
The Town Planner said if it is more than 2 years from the zoning change it loses its protection.
The Town Planner explained that all uses surrounding that property are all residential. Neighbors might not be happy if it was a commercial use. Residential is more sufficient with surrounding uses.
Member Ed Newton, Jr. said he agrees with this. It was what Town Meeting voted on.
Member Mark Silverberg motioned to support the Town Meeting Article as written in the 2016 Annual Town Meeting Warrant. The motion was seconded by Member Charlie Diamond and unanimously voted.
Member Mark Silverberg motioned to close the Town Meeting Article public hearing to amend the Zoning Bylaws and Zoning Map and by amending the Zoning Classification for the Parcel listed as a Municipal Town Owned Property (M-1) to Single Residential (R) shown on Assessor’s Map 20, Parcel 308, also identified as 7 Parkman Street. The motion was seconded by Member Charlie Diamond and unanimously voted.
At 8:50 p.m. the Planning Board met with members of 146 & 148 Oak Street for a discussion on Site Plan Review.
Mr. Erik Vangsness from Waterman Design Associates; Ms. Linda Townsend, Release Well-Being Center; Mr. Todd Alexander, Five Partners LLC; and Mr. Daniel Lewis, Architect were present for discussion.
Chairman Brain Bush invited the proponents to update the Planning Board on changes to the site plan.
Mr. Erik Vangsness said there were comment letters attached to the Special Permit from the Town Engineer, Board of Health, Police Department and Fire Department and are Conditions of the Special Permit
Minutes of Westborough Planning Board
January 19, 2016
Page 5
Mr. Vangsness said that the site layout has not changed too much. Mr. Vangsness said they met with the Fire Department and the Applicants agreed that the Wellness Center and restaurant/retail building will have an automatic fire sprinkler system. The Fire Department is amenable to the proposed alternative travel route. The main interior circulation driveways have been designed to accommodate anticipated traffic patterns and have been revised per the Special Permit to accommodate a single-unit fire engine. Only lost one parking space and are now down to 92 spaces. We have already agreed to improvements to intersection of Park Street and Route 9 as requested by the Police Chief. The Board of Health had a comment about fencing around spa tubs. They have agreed to supply a
5-foot high solid wood fence around the area. The Board of Health was okay with that.
Mr. Vangsness said there were questions on signage and they have provided all the requests for signage. We have worked with Mr. Ron Mueller on speed humps which have been added to the plans along with the signage. The site is serviced by municipal sewer and water services accessible in Park and Oak Streets. They will maintain drainage pattern proposed before. The revised plans show detail. There is also a sign at the speed hump posting the speed. They did additional soil testing and reduced the footprint of drainage. They added walkways to the plan and the proposed patio has been removed. They shifted location of proposed trees but the numbers are the same. Grading and fill required was reduced. Mr. Vangsness said they have addressed all
comments in the letters submitted and also the Special Permit.
The Town Planner asked did you speck the lighting as requested in the Special Permit.
Mr. Erik Vangsness responded yes. All exterior lighting will conform to the requirements of the zoning bylaws. House side shielding is provided to minimize glare and light pollution and shown on the revised plans.
The Town Planner asked have you delivered easements to the Town Engineer.
Mr. Erik Vangsness said the Applicant’s Counsel can’t be here tonight. In order for this property to be developed, the two Applicants have to share cross easements for construction, access, and maintenance operations and responsibilities are required for the shared components of the facilities on Parcels E-1 and E-2. Because we could still be making changes to the site plans, developing a formal set of easement plans has not been done yet. They did an Easement Exhibit for a preliminary description of the required easements. Area 1, Cross Easement #1 encompasses all the paved areas and they developed a description of what will be required for cross easements. Area 2 is the rest of the site that is all non-vehicular areas, still areas for snow storage. They developed a
description on that too.
The Town Planner asked if the Town Engineer has any questions.
Minutes of Westborough Planning Board
January 19, 2016
Page 6
The Town Planner said we do not allow the use of Town water for irrigation, Make sure your plant species are drought tolerant.
Member Mark Silverberg said on the sprinkler system, just the new buildings will have sprinkler systems?
Mr. Dan Lewis responded that was a request from the Fire Department as a compromise.
Chairman Brian Bush said the Planning Board does get a chance to comment to Site Plan Review. It seems like you have complied with all the comments in the Special Permit. He understands the cross easement issue. He recommends that the easements get written in prior to building permits. Get the easements into documentation and recorded.
Mr. Carl Balduf, Town Engineer said the Easement Exhibit is fine. He will look at them again before they are recorded. He is not worried. He has reviewed the plans and they are in good shape. He will deliver comments next week on the site plans.
The Town Planner said he will look at redesign of turning, redesign of intersection of Rte 9 and Park Street, will mention cross easements, landscape plan. He will look at specs for lighting and then send comments to the Board of Selectmen. Easements are the only outstanding issue.
Member Mark Silverberg motioned to send comments to the Board of Selectmen on 146 & 148 Oak Street. The motion was seconded by Member Charlie Diamond and unanimously voted.
At 9:00 p.m. the Board prepared to continue the Public Hearing on the Downtown Planning Overlay District (DPOD) Rules and Regulations.
Member Mark Silverberg motioned to continue to the public hearing on the DPOD Rules and Regulations to February 2nd. The motion was seconded by Member Bill Spencer and unanimously voted.
OLD/NEW BUSINESS:
Update on State Hospital:
Chairman Brian Bush said the State Reuse Committee has discussed the Memorandum of Understanding and its related Conservation Restrictions for the parcels intended to remain Town owned. Parcels along the lake front identified as A-1, A-2, A-3 will be under the care of the Conservation Commission and Parcel E for the protection of endangered species. The Reuse Committee supported the Planning Board’s two zoning articles intended to designate use and
Minutes of Westborough Planning Board
January 19, 2016
Page 7
dimensional requirements for the future development of Parcel D for municipal buildings. Parcels B & C will be remain under the control of the Board of Selectmen.
The Town Planner said one point brought up at the last meeting was discussion to consider amending zoning classification for manufacturing. We would not allow manufacturing and truck terminals in the MUD District. High tech manufacturing is okay. Maybe add a footnote or change from (N) to (Y) under truck terminals. The Town Planner said he will seek Town Counsel on this. This Article already advertised and the hearing is scheduled for February 2nd.
Chairman Brian Bush said the intent of R & D is not meant to be large manufacturing.
Member Bill Spencer said getting clarification on a definition is good. We need to have this up front to be able to make decisions.
The Town Planner said he will request the Building Commissioner come to this hearing. He will also work with Town Counsel.
Member Charlie Diamond said there is a manufacturing firm in Shrewsbury that manufactures many prototypes.
Member Bill Spencer said there are a lot of biotech companies in town who do many different units of prototype. We need to firm up the definition of manufacturing.
Chairman Brian Bush said the intent is some sort of high tech engineering company would be permitted. How do you quantify the truck traffic for a use?
The Minutes of January 05, 2016 were approved.
Member Mark Silverberg said we had a resignation on the Open Space Committee and are now down to only 5 members. We would welcome new members.
There being no further business to discuss, the meeting adjourned at 9:06 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
January 19, 2016
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 and a continuation on January 05, 2016 and January 19, 2016 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.
Member Mark Silverberg invited the proponents to come forward with their presentation.
Member Mark Silverberg said that the Planning Board received this afternoon a letter from Toll Brother’s new Counsel Diane Tillotson of Hemenway & Barnes, LLP in Boston notifying the Planning Board in writing of their intent to withdraw their request to modify the Special Permit for Westborough Village. Letter is asking for withdrawal without prejudice from the Special Permit Applicant. Letter dated today, January 19, 2016. They plan to resubmit a request for a similar amendment at a later date.
Member Mark Silverberg said Toll Brothers is asking the Planning Board to accept their withdrawal without prejudice of their application.
The Town Planner explained that there are three choices that the Planning Board can do. First you can do what they are asking which is allow them to “withdraw without prejudice”. Or, you can allow them to withdraw “with prejudice” which places a condition on their reapplication; or, lastly you can just say no to their request to withdraw and act on the existing proposal by either approving or denying. The Town Planner strongly suggested the Board should vote to accept their “withdrawal without prejudice”. This will allow Toll Brothers to reapply when ready without encumbrance.
Member Ed Newton, Jr. said he is okay with the request for a “withdraw without prejudice”.
Member Bill Spencer and Member Charlie Diamond both agree with this.
Member Bill Spencer motioned to accept the request from Toll Brothers to “withdraw without prejudice” their original request to modify the Special Permit T-OV #05-1 for Westborough Village. The motion was seconded by Member Charlie Diamond.
Member Mark Silverberg addressed the audience and explained that the Applicant, Toll Brothers has asked to withdraw their Special Permit Application. They can reapply later.
Minutes of Special Permit Public Hearing
Modification to Special Permit T-OV #05-1
Westborough Village
January 19, 2016
Page 2
Audience:
Mr. Srikanth Tadi at 14 Simon Howard Way said that he is one of the Board of Directors in the Homeowners Association. He wants to make some comments. He has been present for the last two meetings. He is requesting that the Planning Board again allow the basements. Everyone here is a town resident and we all bought homes from Toll Brothers. Some have basements, some have rough plumbing in. He would like to be able to go forward with the use of their basements.
Member Mark Silverberg said the Planning Board can’t approve a portion of the modification request. There are lots of issues not worked out with the Applicant. He can’t support the amended permit as submitted. If we were to move forward today and not allow them to withdraw, he would not be able to support the application before them.
Mr. Srikanth Tadi at 14 Simon Howard Way asked what about our issues, do they not concern the Board?
Member Mark Silverberg said it greatly concerns us all but Toll Brothers has withdrawn their application. There are too many outstanding issues with no resolution. We were looking to improve many things more than just the basements. He will not support the amendment as written.
Mr. Srikanth Tadi at 14 Simon Howard Way said he understands but this is not helping the residents. It has been dragging on too long.
Member Mark Silverberg said we can’t act on this and also the Applicant is not here. They have asked for withdrawal from this Application. You just want the basement issue resolved but we have to treat this as a whole with all the other amendments. If we act on this and don’t grant it, they can’t reapply.
Mr. Srikanth Tadi at 14 Simon Howard Way said it is unfair that some homes have been approved and have finished basements.
Member Mark Silverberg said a Town Official made an error. It does not create precedence to continue on with the mistake.
Mr. Srikanth Tadi at 14 Simon Howard Way remarked that there are only supposed to be 3 buildings with no basements.
Minutes of Special Permit Public Hearing
Modification to Special Permit T-OV #05-1
Westborough Village
January 19, 2016
Page 3
Member Mark Silverberg said the Developer missed the condition for no finished basements in the Zoning Bylaw and the Building Commissioner missed it. Now the Applicant wants to withdraw. Member Mark Silverberg said he will not support the Application as requested so Toll Brothers is better off to withdraw. We have asked them for some things they have not agreed to yet.
Mr. Srikanth Tadi at 14 Simon Howard Way said there has to be a way to fix the mistake regarding basements.
Member Mark Silverberg said the Board is sympathetic to their situation. We will keep in mind everyone comments. He will give them more chance to allow residents to speak. It is better to allow Toll Brothers to withdraw their Application.
Mr. Srikanth Tadi at 14 Simon Howard Way said there he does not have any problem with this. It just seems a bit much to have the town to drag this out.
Member Charlie Diamond strongly suggested that the residents speak to Toll Brothers management. If we approve this withdrawal it will be up to Toll Brothers as to when they come back before us.
Member Mark Silverberg asked is this an issue with the Town for not giving you a building permit to finish basement or is it with the Developer who sold you something that they can’t deliver.
Mr. Srikanth Tadi at 14 Simon Howard Way said he trusts the Town to help him. You didn’t see the mistake but why should we have to pay for this
The Town Planner said that Toll Brothers told you erroneously that you could have a basement. The Town Planner said he understands their situation. The Board does not have enough information to make an affirmative decision. If they vote against this request to withdraw, then Toll Brothers can’t come back to the Board.
Member Mark Silverberg said he is concerned that the residents are relying on Toll Brothers to represent their best interests. He would have an Attorney to advise them what to do. There is only so much we can do. We can’t just pin point one issue, we must deal with the whole application. You will get notice when Toll Brothers comes forward with a new Application.
Minutes of Special Permit Public Hearing
Modification to Special Permit T-OV #05-1
Westborough Village
January 19, 2016
Page 4
Mr. Lakshmnarao Pallothu, 44 Simon Way said he has been here for the last 2 meetings. The first one he came to because there was a hearing and then it was continued to January 5th and then again tonight. Is it right to withdraw an hour before the hearing with no notification to residents.
Member Mark Silverberg said the Planning Board has a rule in place for all documents to be submitted the Thursday before the meeting date. This was a special request. We must act on it today.
Mr. Lakshmnarao Pallothu, 44 Simon Way said the original notification noticed there were 4 issues. It is one builder. In the first meeting we learned there were many issues. It looked like the basement was going to be approved. Toll Brothers did a lot of the things that was asked for and it made sense to grant the basement request. In the second meeting it completely flipped and the issue was on Building 48, taxes and senior housing. At the end of that meeting we knew it was not going to close today. Toll brothers put in 4 issues, now they have withdrawn the application. Toll Brothers wanted the basement approval as a request. What is the possibility we get it or don’t get it?
Member Charlie Diamond said Toll Brothers bought project this from a different developer and then made changes to the original decision in 2010. They came back recently asking for 4 items under one modification. Unfortunately we need Toll Brothers here to discuss. They have asked for a withdrawal without prejudice.
Member Mark Silverberg said some of the discussion with the previous meetings was about which basements we allow and not allow.
Mr. Lakshmnarao Pallothu, 44 Simon Way said it does not make sense that some people have basement and not the rest. There have been many discussions on taxes, senior housing and basements.
Member Charlie Diamond again suggested they talk to Toll Brothers. We can’t discuss this.
Member Mark Silverberg said he is not going to predict how we handle a future application. We can’t tell Toll Brothers what they want to request. He hopes they take into advisement the discussions that have occurred. He encourages the residents to go back and talk to Toll Brothers. The Homeowners Association needs to figure what is in their best interests and not rely on Toll Brothers.
Minutes of Special Permit Public Hearing
Modification to Special Permit T-OV #05-1
Westborough Village
January 19, 2016
Page 5
An abutter at 293 Turnpike Road asked do we have an option.
Member Mark Silverberg said that anyone can apply for a variance. You need to demonstrate a hardship. Member Silverberg recommended that they hire legal counsel to help with this.
The Town Planner said that Toll Brothers could request this variance for the homeowners or the homeowners can request it individually. The ZBA can only hear an Appeal from an action taken.
The abutter at 293 Turnpike Road said then the burden is on us and we don’t know how it will turn out.
Member Mark Silverberg again suggested you can go to Zoning Board of Appeals for a hardship because the Building Commissioner will not grant a building permit.
Member Mark Silverberg reminded the Board there is a motion on the table.
Member Bill Spencer motioned to accept the request from Toll Brothers to “withdraw without prejudice” their original request to modify the Special Permit T-OV #05-1 for Westborough Village. The motion was seconded by Member Charlie Diamond and 4 voted in favor and there was 1 abstention.
Member Charlie Diamond motioned to close the public hearing on the Modification to Special Permit T-OV A#05-1, Westborough Village. The motion was seconded by Member Bill Spencer and 4 members voted in favor and there was 1 abstention.
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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