MINUTES OF WESTBOROUGH PLANNING BOARD
February 02, 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. was absent.
Meeting dates: February 16, 2016 and March 01, 2016
At 7:00 p.m. the Board prepared to open the Public Hearing on a Town Meeting Article to amend the Zoning Bylaws by amending Article 2, District Regulations, Section 2300, Use Regulation Schedule regarding the MUD District; and by amending Section 2600, Dimensional Schedule, Subsection 2620, Non-Residential Buildings in Non-Residential Districts by creating a new designation and new dimensional standards for the Mixed-Use District (MUD).
Chairman Brian Bush read the legal advertisement that ran in the Worcester Telegram and Gazette on January 15, 2016 and January 22, 2016 into the record.
Green Cards are fine.
Chairman Brian Bush asked the Town Planner to give an overview of this Article.
The Town Planner said the purpose of this amendment is create greater flexibility and more creative and imaginative design for the development of retail, office, restaurant, residential and open space than is generally possible under the Mixed Use District conventional zoning provisions. It is further intended to promote and facilitate redevelopment of certain portions of the former Westborough State Hospital and other State owned properties while providing harmonious variety of uses, a higher level of amenities, and stimulus to the economic development of the community and vitality to the district. The recommended zoning changes come from numerous public meetings and discussions of the State Hospital Reuse Committee that has met since 2013. We are dealing with Sections 2300, Use Regulation Schedule in
the MUD District and Section 2600, Dimensional Schedule, Subsection 2620, and Non-Residential Buildings in Non-Residential Districts by creating a new designation and new dimensional standards for the Mixed-Use District (MUD). The Mixed-Use District currently exists on the state owned property. In 2010 the MUD district was created.
Chairman Brian Bush said in reference on the Footnote 7, for the record, the intent of this Footnote is to incorporate the Senior Living Overlay (SLO) into the existing Mixed-Use District (MUD).
The Town Planner said a single family home would not be allowed except under the SLO District by Special Permit through the Planning Board in the MUD District. The only use that would change would be Nursery that is not allowed. Retail Sales and Services are not allowed unless as an accessory use to a permitted principal use and then only as a Special Permit. A hotel would be permitted by Special Permit. They could have a small store inside the hotel and it would be allowed under Special Permit accessory use. No home occupations are allowed.
Minutes of Westborough Planning Board
February 02, 2016
Page 2
Section 2300 – Use Regulation Schedule:
The Town Planner stated that last week at the State Hospital Reuse Committee, there was some concern noted under the industrial uses for trucking terminal, this is now changed to (N). However the next line under Manufacturing is also a (N). R & D is not typical. Do you want to change this to a special permit by use or by right only? Any changes would be entered into the warrant.
Chairman Brian Bush said that one of the Reuse Committee members made a suggestion that R & D should be an allowed use in this district. The question is under Industrial Uses, #3 (none of the above). It is a little ambiguous.
Member Mark Silverberg asked what is the intent of “none of the above”?
Chairman Brian Bush responded that the first two blocks deal with industrial uses and so do the last two. He thinks it means an industrial use with none of the listed above.
Member Mark Silverberg asked can we edit that line.
Chairman Brian Bush said we can only edit that line relevant to the MUD District. For our public hearing it is only addressing Section 2300 and Subsection 2620 for the MUD district only.
Member Bill Spencer what was the reason for (N) for storage. It is allowed by permit. Some areas need to be quarantined off due to hazardous waste.
The Town Planner said there is a difference in the uses. A trucking terminal is outside storage and so are earth, woodchips/mulch, stones and pallets. A contractor’s yard is storage of equipment. Warehousing is still storing product, material, but inside a building.
Member Bill Spencer said there is a lot of interpretation needed under this.
Chairman Brian Bush said to Member Spencer that his company has to do storage and handle biohazard materials until they are picked up. Some of the concerns that came up if regulated, are storage of hazardous materials near water. His thought for a Research & Development (R & D) use was dealing with computers, manufacturing. We did not come to a consensus. It might be a good use to allow because we are a tech community.
Member Bill Spencer said as someone that has gone through the process he has dealt with Board of Health but his company is industrial zoned. We just don’t want to be boxed into a corner. If you do both of those you are boxing people or businesses in.
Minutes of Westborough Planning Board
February 02, 2016
Page 3
Chairman Brian Bush said anything in the MUD district is by Special Permit. There are very few things exempt. Public education can go in any district.
Member Charlie Diamond said under R & D it would depend on the type of business. He mentioned CK in Shrewsbury who did many different prototype products. A Special Permit could set structured guidelines.
Member Mark Silverberg said he does not want to lose flexibility on this. You don’t know who will come in. Do we define R & D?
The Town Planner said if you change the (N) to (SP), you can say no if you did not like the proposed use. A special permit is discretionary. You can deny a special permit if you don’t like the use. It will be hard to define R & D.
Member Mark Silverberg asked how we can be selective if they come in with a warehouse proposal. How do we differentiate under a special permit?
Chairman Brian Bush said that manufacturing and warehouse are true uses. These are allowed in industrial zones. An R & D use should go in under Industrial uses. These are industrial uses, no matter what kind would come under that line item.
Member Bill Spencer asked if they considered the wording. What about separating development and research.
Chairman Brian Bush said it was something that was brought up in the end of the meeting. He believes it is already covered. R & D would require a special permit.
Member Mark Silverberg said as long as the Building Commissioner is clear as to what we want, and then he is fine with the changes.
Member Bill Spencer asked about under Commercial Uses, Other Retail Sales and Services.
The Town Planner said only by special permit is this permitted. We are not looking for an office space or a strip mall. We needed the footnote to allow a hotel which is a good use, so they can have a store inside the hotel. The footnote allows secondary use as long as it agrees with the principle use.
Member Mark Silverberg said if we are allowing hospital uses, there could be a need for a heliport for med flights.
Minutes of Westborough Planning Board
February 02, 2016
Page 4
The Town Planner responded that they would need a variance for a heliport.
Chairman Brian Bush said that under Industrial Uses they are talking about an airport stand alone or a heliport stand alone use. It would require a special permit for that use. We have the ability to grant leniency if we want. It is not without precedent.
The Town Planner said in the ID district it is a permitted use. Many businesses have private heliports.
Member Mark Silverberg said he thinks a waiver should be placed on the heliport.
Chairman Brian Bush said they would have to go to the Zoning Board of Appeals for a hardship for a heliport use.
Mr. Syed Hashmi, resident and running for Board of Selectmen said he thinks it is critical to separate the research from the development. The State Hospital property is near a water supply and we need to be careful. It is also a very scenic area and why ruin it with a heliport. There is already easy access to hospitals along Route 9. This area should be kept in scenic beauty.
Member Mark Silverberg said he is curious as to what type of development Mr. Hashmi would permit?
Mr. Hashmi said if you would have business then he likes a computer company, senior living community, hotel, etc. If you had an imaginative developer, it could be beautiful. It is surrounded by residential areas. Why destroy what is there?
Mr. Earl Storey, Reuse Committee member said he is not opposed to the heliport.
Member Mark Silverberg said we had a movie studio proposal. He wouldn’t want to see a heliport to go with the use. What if a big corporation came in and wanted access to a heliport.
Mr. Earl Storey said he had never thought about that.
Member Mark Silverberg said we could limit the hours. It isn’t that close to any residential property.
Mr. Earl Storey stated that helicopters are loud.
Chairman Brian Bush said it is a good point.
Minutes of Westborough Planning Board
February 02, 2016
Page 5
Section 2620, Non-Residential Building in Non-Residential Districts (BA,BB,IA, IB, DPOD, IC, ID, G2, MUD):
The Town Planner explained that when the MUD district was created in 2010, it was not under Section 2620. We are amending this section by adding a new District Column MUD. In this district the minimum lot area is 10,000 square feet with 100 feet of frontage; a minimum of 10 feet in the front yard and on the side yard and rear yard is 0 square feet. The reason for high density is overall density will not exceed 40%. The rest of the property is owned by the Town. The maximum building height is 60 feet and the maximum number of stories is 4. This is only allowed by the Special Permit authority which is the Planning Board.
Member Mark Silverberg pointed out that this whole chart with changes is predicated that the SLO District will be extended, since we have not discussed the SLO yet, should we not keep the hearing open until we do.
The Town Planner explained that the changes to the MUD District can go without the SLO passing, but if you don’t approve this change, you can combine together but he prefers you don’t. He would like the Planning Board to handle this by itself. Currently the SLO is allowed by special permit. The SLO article is to change from requiring 2 acres to requiring 5 acres. It encompasses the area.
Chairman Brian Bush said that the Town Planner is right. If this proposed change in the MUD district doesn’t pass then residential housing could go in. We can make a different recommendation at Town Meeting if needed. The sequence of the articles is important. It could be a nightmare trying to make changes at Town Meeting. We need to pass this now. We don’t want to go out to an RFD.
Mr. Earl Storey agreed and said it is critical we get going on this land. The buildings are falling down.
Member Charlie Diamond motioned to close the Town Meeting Article public hearing for amending the MUD District. The motion was seconded by Member Mark Silverberg and unanimously voted.
Member Bill Spencer motioned to support the Town Meeting Article as written in the 2016 Annual Town Meeting Warrant. The motion was seconded by Member Mark Silverberg and unanimously voted.
Minutes of Westborough Planning Board
February 02, 2016
Page 6
At 8:50 p.m. the Planning Board met with members of 165 Flanders Road – Cumberland Farms for a discussion on Site Plan Review.
Mr. William Goebel of Bohler Engineering was present for discussion.
Mr. Goebel said this is an expansion of their existing project. Cumberland Farms is located at 165 Flanders Road and the site contains approximately 94.4 acres within the Industrial B zoning district. The property currently has a 545,485 square foot distribution center building along with 2 smaller outbuildings, driveways, parking, lighting and landscaping. This proposal is to convert a portion of the existing distribution center to use as Cumberland Farms corporate offices. This will include renovation to the existing 2-story office space located within the northerly portion of the distribution center building as well as a new 2nd floor mezzanine. There will be no change in the building’s square footage. The project requires expanded reconfiguration of parking and
circulation patterns. This will include the restoration of the original truck access that was removed in 2013. They will also relocate expanded tractor trailer parking areas, expand the existing truck parking which will become new parking for employees; make improvements to lighting and landscaping and a new storm water management system designed to meet MASS DEP and Town of Westborough standards. They also plan to expand the loading docks, taking away some of the truck loading area and will provide some tandem truck parking.
Mr. Goebel said they want to rebuild the road by separating the truck traffic from the employee traffic. The wetland portion of the project side is difficult and they are working with the Conservation Commission on this. A reduction in the overall storm water runoff and improved water quality.
Chairman Brian Bush said the traffic circulation seems to have changed. You want to segregate the traffic of trucks from the staff. Is that feasible?
Mr. Goebel said they are reinventing themselves. They are working the existing space to make it better for their employees. Their goal is to make it like a more conventional office space.
Member Charlie Diamond said with the modification to roadway, are you widening the roadway surface.
Mr. Goebel said the roadway will stay the same width.
Member Charlie Diamond asked how much of the warehouse has been converted to office space and will this increase their water demand.
Mr. Goebel replied about 10 to 15%. It is just office employees so there won’t be that much more water use.
Minutes of Westborough Planning Board
February 02, 2016
Page 7
Member Charlie Diamond asked what about Cedar Swamp, it wraps around you.
Mr. Goebel replied this is why they are working closely with the Conservation Commission and next week will be receiving their Notice of Intent.
Member Mark Silverberg asked what is the open space coverage? Also can you go through the lighting plan?
Mr. Goebel replied 70.2 % is left for open space. We will provide light poles in the parking lot and we may have to relocate some of the existing poles.
Member Mark Silverberg said there are specific requirements on lighting. Does the area for employees have lighting.
Mr. Goebel replied we will have more lighting installed for employees and also where the trucks park. There are landscaped islands being put in.
Member Mark Silverberg asked if they will have a cafeteria.
Mr. Goebel they are putting in a store, basically a convenience store, no cooking will be done in there.
Member Mark Silverberg asked about trash dumpsters and where will they store their snow for removal
Mr. Goebel replied that snow will be stacked around the edges of the parking area that they have areas set up to store snow until removed.
Member Mark Silverberg asked how many employees will be there.
Mr. Goebel said about 225 employees will be on site.
Member Mark Silverberg said with that many more employees, what about an increase in traffic?
Mr. Goebel said the starting time for work ranges from 5 a.m. to 9 a.m. coming in. There is hardly any traffic during their normal morning commute traffic.
The Town Planner said they have a good line of sight from their driveway.
Minutes of Westboro Planning Board
February 02, 2016
Page 8
Member Bill Spencer said he applauds their efforts and welcomes them. He is concerned about all the wetland area being so close to Cedar Swamp with the expansion of the parking lot. Only traffic concern, it is not the cars coming in but the trucks. He has not seen any large backups. Good luck with the project.
The Town Planner said we had a lengthy staff meeting with Cumberland Farms. They will have a lighting plan in the parking field and snow storage was discussed. The center island could be used for snow storage. They don’t need a traffic study for this. With 2.1 million square feet of space of R & D, this is a small expansion.
At 9:00 p.m. the Board prepared to continue the Public Hearing on the Downtown Planning Overlay District (DPOD) Rules and Regulations. (See attached minutes)
Minutes of January 19, 2016 were reviewed and endorsed.
OLD/NEW BUSINESS:
Member Mark Silverberg suggested March 8th and March 22, 2016 for the next two meeting dates.
There being no further business to discuss, the meeting adjourned at 9:00 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
RULES AND REGULATIONS FOR
DOWNTOWN PLANNING OVERLAY DISTRICT (DPOD)
February 02, 2016
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 and continued on December 15, 2015, January 05, 2016, January 19, 2016 and February 02, 2016 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 said that the Town Planner has drafted proposed rules and regulations for the Downtown Planning Overlay District (DPOD). As stated in the Westborough Zoning Bylaws, Section 4910, the purpose of the DPOD District is to permit greater flexibility and more creative and imaginative design for the development of retail, office, and restaurant, residential and open space than is generally possible under conventional zoning provisions. It is also intended 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 to the economic development of the community and providing vitality to the downtown area.
Chairman Brian Bush said that there are 13 items to be considered into the Rules and Regulations for the DPOD District. These items would be addressed by an Applicant applying the DPOD District. They are as follows:
- Purpose: Chairman Bush said that a proposal must demonstrate compatibility with the surrounding Downtown District uses in their architectural style and site design.
- Setback or “build-to” lines: Chairman Bush said this will help create a uniform street line where buildings are proposed to front on an existing street, keeping the structure at the back of the sidewalk. Parking would be in the back or on the sides of the building.
Chairman Bush said that the space between the sidewalk and building facades should be considered public or quasi-public space. An example of this is trees and park benches off the sidewalk. This will encourage better aesthetic as the District becomes redeveloped.
- Pedestrian activities should be encouraged in the Downtown: Chairman Bush said connectivity of a new DPOD site to surrounding sites shall be a requirement such as providing sidewalks, walking paths, bike paths, bike racks and supporting infrastructure.
- Land set aside in a separate location if necessary for open space or active recreation: Chairman Brian Bush said it is important in the DPOD District to create alternative methods of travel (walking, biking, etc.). Sometimes the site location does not make it possible to do this. The Applicant will be required to provide an area concept plan showing how its proposal interrelates to existing or other planned open space or paths.
Minutes of Public Hearing
Downtown Planning Overlay District (DPOD)
February 02, 2016
Page 2
- DPOD proposals should promote traffic safety to and from proposed site: Chairman Bush said an Applicant shall provide a traffic study to analyze the impact of the proposal to the surrounding neighborhood and connecting roadways as well as to address potential vehicle and pedestrian conflicts. Expenses for this study will be borne by the Applicant.
- Parking Requirements: Chairman Bush said in this District we are trying to encourage walking and bikes. Parking spaces should be designed at the rear or sides of proposed buildings to leave the front along the street open to emulate the building and provide interest and open space for walkways, planting or seating.
Member Charlie Diamond asked can we put in a guideline for parking spots. No more than 1 ½ spaces for each apartment or set a type of limitation.
Chairman Brian Bush said he likes the way the Town Planner wrote it. We are trying to achieve creativity. You don’t want too many rules. There will be times we could be concerned about parking but we can work that out under the permit. You could do shared parking. In Maine you can rent space for parking and it works. You need to allow creativity. We have the ability to have consultants review proposed projects. He recommends not being that descriptive on parking.
Member Charlie Diamond said he was also worried about lack of vacancy for parking with homes and business.
Chairman Brian Bush said we need to see what the proponents suggest. He wants to see thoughtful, creative design.
The Town Planner mentioned that Dunkin Donuts on East Main Street does not have enough parking spaces but people park at Colonial Plaza and this is shared parking. If each of those uses came to us with a clean slate, you would say Colonial needed less parking and Dunkin Donut needed more.
Member Charlie Diamond noted that you have egress on to East Main Street and it is a little unsafe. Can we write in something about an alley way or bicycle path or access to Colonial Drive for pedestrian traffic?
The Town Planner said it will depend on the site. You have to consider the traffic and the intersection. Traffic across the back could work there if you can connect adjoining parcels it could work.
Minutes of Public Hearing
Downtown Planning Overlay District (DPOD)
February 02, 2016
Page 3
The Town Planner said there would be space behind Arturo’s Plaza. If they were ever to redevelop, we could move the buildings forward and put the parking in the back.
Chairman Brian Bush said when he thinks of Bay State, it is much more pedestrian friendly and safer to travel through both by car and foot. This was designed correctly.
Member Mark Silverberg asked is there provisions for a waiver? He does not want to see a small project have to do a traffic study. The way it is written now it is a requirement.
The Town Planner suggested that maybe we need to put it in the rules and state we have the right to waive these rights.
Chairman Brian Bush said he recommends keep the public hearing open. We do not need to close the hearing tonight.
Member Mark Silverberg motioned to continue the public hearing for the DPOD Rules and Regulations to February 16th. The motion was seconded by Member Charlie Diamond and unanimously voted.
There being no further business to discuss, the meeting adjourned at 9:00 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
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