MINUTES OF WESTBOROUGH PLANNING BOARD
March 22, 2016
Regular meeting of the Westborough Planning Board held in the Westborough Public Library in the lower Conference Room, 55 West Main Street. Members Bush, Silverberg, Diamond, Spencer and Paris were present.
Meeting dates: April 12, 2016
At 7:00 p.m. the Board met to discuss a site plan on the Wastewater Treatment Plant located at 238 Turnpike Road. This is for a solar array.
Mr. .Jack Goodhall, Engineer for Westborough Treatment Plant and Mike Lotti from Innovative Engineering Solutions, Inc. were present for discussion.
Mr. Lotti stated that this project is located at the Wastewater Treatment Plant. The Applicant Kearsarge Solar, LLC is proposing to install a solar energy generation facility at the Westborough/Shrewsbury Wastewater Treatment Plant located at 238 Turnpike Road. The photovoltaic array will be installed to generate renewable solar energy which will be converted to renewable and emission free electricity and connected to the National Grid distribution system and used by the Wastewater Treatment Plant.
Mr. Lotti said the site is 43.9 acres located on the south side of Turnpike Road in Westborough, MA. The Wastewater Treatment Plant operates 24 hours a day and 7 days a week. The portion of the property currently used for the Wastewater Treatment Plant is located within a perimeter fence. There is a former filter bed area located to the south of the fence that is comprised of about 3.5 acres of land. The former filter bed area is located outside the fence. There is currently a mound of excess soil (20,000 cubic yards) on a portion of the site. The filter beds were abandoned and are currently overgrown with large trees and brush. The Assabet River is near the site and we have already met with the Conservation Commission in regards to the buffer zones. We have filed for a
Request for Determination of Applicability with the Conservation Commission and submitted an application for a Storm Water Permit with the DPW. Work under this application involves the installation of approximately 950 kW of PV modules which will be installed ground-mounted in rows, two modules in Portrait orientation. The modules will be mounted on posts that are driven into the ground. The panels will be tilted 25 degrees facing south and will be 3 feet off the ground surface. Each row will be separated by 15 feet to eliminate shading of one row upon the next. The total area of structures on the ground is 600 square feet. Prior to installation of the rows of panels, tree trimming and clearing will be completed to create a shade free area to install the photovoltaic modules. Once the work area is cleared of trees and stumped, the excess soil pile will be spread and seeded. A new 8-foot high chain link fence will be
installed around the solar installation. We will have a few 1,000 solar panels on site. We are 750 feet from the closest resident. All setbacks are noted on the plans. We have walked the site with the Fire Department to have proper turn around. We will do maintenance checks once per month and quarterly inspections will include site walks and checking the panels. During construction we will be on site 2-3 months and then just monthly visit by a technician.
Minutes of Westborough Planning Board
March 22, 2016
Page 2
Chairman Brian Bush said just for clarification, this project is going to site plan review for the solar array.
The Town Planner said he has met on site with Mr. Jack Goodhall on this project and the site has good security and the bike committee has walked the site with the Project Engineer. The Plan as proposed can accommodate their bike path in the location chosen by the bike committee. The path will need to be located in the field with the Project Engineer, Town Planner and representative of the Bike Committee. We have received comments from the Town Engineer.
Member Mark Silverberg asked if they meet the 60% open space coverage.
Mr. Mike Lotti responded that the entire parcel is 43 acres. They are well over 60% open space
Member Mark Silverberg asked who is paying for the cost.
Mr. Lotti responded that Kearsarge Energy is putting up the money for building this. There will be no cash outlay from the Town.
Member Mark Silverberg asked if the Treatment Plant will get credits for the electricity. What kind of benefit will the Town see?
Mr. Mike Lotti responded benefit from property taxes and the electricity.
Member Mark Silverberg asked if the Treatment Plant is going to get lower cost energy, will the sewer bills go down?
Mr. Jack Goodhall said the projected metering goes in at the old rates. The Treatment Plant will save 60-70 thousand dollars a year and the Town will get $20,000. You have to share the benefits with Shrewsbury.
Member Mark Silverberg asked why we have to share.
Mr. Jack Goodhall said there is an Agreement with the Treatment Plant and the Towns of Shrewsbury and Westborough.
Member Bill Spencer asked has the Town Engineer reviewed the project.
Mr. Carl Balduf, Town Engineer responded yes we reviewed it and sent a comment letter dated March 22, 2016. We have already completed our review for site plan review. Their comments were on Storm water, sediment control and security. We want to make sure the security is in place for dismantling the panels when done.
Minutes of Westborough Planning Board
March 22, 2016
Page 3
Mr. Mike Lotti said there is an Agreement with the Treatment Plant that will include an option for them to purchase it, renew lease or decommission. If decommissioned, we will remove all the equipment so it does not rust on site. The life span for these units is over 20 years.
Member Bill Spencer said it looks like the panels typically run horizontal, north and south.
Mr. Mike Lotti said they always try to face due south.
Chairman Brian Bush asked if their 20 year initial lease is up then a possible renewal is available?
Mr. Jack Goodhall said the lease is for 20 years. If you have to go through state law, Town Meeting would have to address the issue of going over 20 years. It is not a given.
Chairman Brian Bush asked is there a maintenance agreement.
Mr. Mike Lotti responded yes. Kearsarge Energy will own the system and we have the maintenance program
Mr. Jack Goodhall responded that there will be a Lease Agreement and General Supply Power Agreement. They guarantee 80% of the estimated amount of electricity. If it doesn’t meet that amount then they will make up the difference.
Mr. Lotti said when you have a system like this you produce 1.3 million kW hours of power per year. They will guarantee 80% and if the system does not make that mark, they will make up the difference. There is a provision for this in the contract.
Mr. Jack Goodhall said we receive 9.2 cents per kW hour.
Member Tim Paris said the south side wetlands are close, will the trees shade this?
Mr. Mike Lotti said they will be clearing some of the trees. Some of the trees are 50 feet tall. We have 100-150 clearing line. We use a computer models to tell where shade will be. In the winter time there are no leaves. Only the first and second rows of panels might have some shadow. January is a poor production month.
Chairman Brian Bush said we will send comments for Site Plan Review.
At 7:20 p.m. the Planning Board prepared to open the Special Permit Modification Hearing to #T-OV 5-1 for Toll Brothers. See attached minutes.
Minutes of Westborough Planning Board
March 22, 2016
Page 4
New Business:
The Town Planner said he has had meetings with Waterman Design Associates on the ANR Plan of the State Hospital in regards to where we put access. Waterman Design has already placed pins in the field where the turns will be. This will be coming to the Planning Board shortly.
The Town Planner said he has met informally with the Thompson Liston Associates representing Casa Construction to extend “The Ridings” into Grafton. The Plan shows 18-19 lots in an open space plan. There will be a loop road that will extend into Grafton. He will meeting on this Thursday with a representative from Thompson Liston. They are looking for a hearing for this will be in April for the first phase, the Concept Phase. You will get a submittal soon.
Chairman Brian Bush pointed out that the Orchards have a section of the roadway that is still not accepted by the Town. They have two years to finish those roads. They will have to come in before the Board and give us an update and we need to make them finish the roads.
The Town Planner said that the Orchards started in 1998. It has taken 18 years to complete and the roads were finished 3 years ago.
Chairman Brian Bush said this is not good for the residents who have to live there.
The Town Planner said he has not heard of any complaints from residents.
The Town Planner mentioned that Tuft Machine on East Main Street, the design we saw for this is going to be redesigned as a mix use development. The original design and structural cost was too much.
The Minutes of March 08, 2016 were approved and endorsed.
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
------------------------------------- ---------------------------------- -----------------------------------
Charlie Diamond William Spencer Tim Paris
MINUTES OF SPECIAL PERMIT MODIFICATION TO #T-OV 5-1
WESTBOROUGH VILLAGE (TOLL BROTHERS)
Gleason Street
March 22, 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, March 22, 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. The petitioner is proposing to modify its special permits in four respects: (1) to require interconnectivity between the commercial building at the Project known as “Building 48” and the abutting mixed-use
development located directly to the east of the Project, the cost of installation of such connectivity on the petitioner’s property to be borne by petitioner, petitioner to cooperate with abutting property owner to record cross-easements allowing such connection; (2) since development of such Building 48 has taken longer than anticipated, the petitioner will make payments in lieu of taxes (PILOT) to the Town beginning with Fiscal Year 2017 for a time to be determined or until a certificate of occupancy for Building 48 is issued, whichever first occurs; (3) petitioner shall create a curb cut on the south side of Smith Valve Parkway to provide access t the sidewalk on the south side of said parkway directly opposite the multiuse path created to serve Westborough Village on the north side of Smith Valve Parkway; and (4) to request a waiver of Section 5060 of the Zoning Bylaws, specifically Note 5 to the dimensional table contained in the T-OV Zoning Bylaw, such that the impact of
such Note 5 shall be the following:: “No bedrooms in a dwelling unit may be below grade of the adjoining ground at any place on its perimeter. As to dwelling units which have basements below grade, these may be finished including bathrooms, but shall not have bedrooms, closets or kitchens.”
Chairman Brian Bush read the legal advertisement into the record that appeared in the Worcester Telegram & Gazette on March 4, 2016 and March 11, 2016.
Green Cards are fine.
Attorney Diane Tillotson, Hemenway & Barnes LLP, Mr. Derek Wheeler and Mr. Shawn Nuckolls representing Toll Brothers were present for discussion. Attorney Joel Bard, Town Counsel was present representing the Town of Westborough.
Chairman Brian Bush said this is a Modification to a Special Permit granted to Mr. Fran Zarette in 2006 and a Modification to the Special Permit in 2010 when Toll Brothers bought the project. The Planning Board will hear from the proponents and then will go to public comment.
Attorney Diane Tillotson stated that she is representing Toll Brothers, LLC which are here tonight seeking a Modification of the original Special Permit issued in 2006. Toll Brothers did not own the project then which contained 350 units. Toll Brothers purchased the project in 2010
Minutes of Modification to Special Permit #T-OV 5-1
Westborough Woods – Gleason Street
March 22, 2016
Page 2
with an Amendment to the #T-OV 5-1 Special Permit in 2010 to 276 units. Approximately 90% of the units have been sold. The plans have always showed finished basements and the models showed finished basements. This fall the Building Commissioner denied a building permit for a finished basement for one of the units. It caused a great deal of problems for Toll Brothers and the homeowners who purchased finished basements and those who purchased units thinking they could finish their basements. Toll Brothers has been working with the Planning Board since last October. Recently they applied for a Modification to the Special Permit which was “Withdrawn without Prejudice” when they could see the Board was not behind granting the permit. We are now back with informal discussions
and have been before the ZBA who have continued their hearing. The ZBA feels the Planning Board should address this issue. Before you tonight, we have modified the proposal and are seeking an amendment in the form of Waiver from Note 5, Dimensional Requirements for finished basements. Also to apply retroactively for building permits already issued and units already constructed and cure any question of a zoning deficiency. We have proposed three conditions that would be subject to this Modification: 1. Require interconnectivity between the commercial building known as “building 48” and the abutting mixed use development, subject to review by the Town Planner; 2. PILOT payments for projected loss revenue on the commercial parcel. Payments will run up to 8 years or until commercial building gets constructed; they will begin in August of this year and run for up to 8 years up to $800,000. This is reasonable and gives the Town
additional consideration for what we are asking for. This would reflect the fact that the Town will get tax revenues for the commercial parcel. The commercial building has always been intended to be built last. and 3. The curb cut on the south side of Smith Valve Parkway is agreeable to Toll Brothers. Based on their understanding and discussions, this is a reasonable request.
Attorney Tillotson said we can challenge this if necessary. All homeowners have purchased their homes with the understanding they would have a finished basement. The model units had finished basement in them. Having a finished basement in a single family is a normal use. They are not looking to add bedrooms to these units. A finished basement in a single family dwelling is very standard feature and adds value to the house or town home in question. It will also create a higher tax real estate value for the Town. This request is reasonable and Toll Brothers has gone as far as they can go in meeting the Towns concerns for this discretionary relief. She suggests a reasonable finding would be finished basements are consistent with homes. They will not add sleeping
area but provide amenities to homeowners. Finished basements are allowed in other zoning districts and will not be detrimental to surrounding neighbors. They will be consistent with the proposal and fair to residents that purchased. One note on closets, they would like to be able put a closet partition around mechanicals, not for storage.
The Town Planner said it is common for an enclosure for mechanicals.
Attorney Diane Tillotson said she knows that Boards hate to see the end of discussion but please close the public hearing tonight. The topic has been discussed sufficiently.
Minutes of Modification to Special Permit #T-OV 5-1
Westborough Woods – Gleason Street
March 22, 2016
Page 3
Public Comment:
Mr. Srikanth Tadi, 14 Simon Howard Drive said he has been to all the hearings and listened to the recordings on Cable. He has nothing new to add but just hopes we can all come to an agreement on the basement issue.
Mr. Vikas Singhvi, 10 Simon Howard Drive said he has the same sediment and wants a finished basement. Just to be fair, some residents already have basements but others have to go through this process. He requests the Board to consider this waiver. Connecting the residential and the commercial should be a different issue. As far as getting a fair solution, let them have the basements.
The Town Planner said he just listened to Attorney Diane Tillotson’s proposed findings. He has not had a chance to review it yet. We should grant a waiver. He is concerned about the findings speaking of basements in other developments. This is a stand-alone permit for a special permit. He wants our Town Counsel to review this and then bring back to the Board.
Attorney Diane Tillotson said she wanted his input on the findings. She will work with Attorney Joel Bard. She still requests the hearing be closed and then work on the decision.
The Town Planner pointed out that the Building Commissioner will want to review the interpretation on the basements.
Member Mark Silverberg said that the Town Planner has voiced his concern on the findings. He is disappointed we don’t have comments from the Building Commissioner and he would like his input. As far as closets go, if they are going to use it as a bedroom, they will do it anyways. We should strike the word “closets”. Keep kitchens and bedrooms. A waiver should be granted universally to the whole project and not individually. The PILOT in lieu of the current land taxes, he is disappointed with their numbers. We had talked about higher numbers.
Member Bill Spencer said he is set.
Member Charlie Diamond said on the interconnectivity issue, you are not going to build it?
Mr. Shawn Nuckolls said it is between the two commercial buildings in Westboro Village and Westboro Commons.
Member Charlie Diamond asked who builds the ramp.
Mr. Shawn Nuckolls replied that the responsibility is on the property owner.
Minutes of Modification to Special Permit #T-OV 5-1
Westborough Woods – Gleason Street
March 22, 2016
Page 4
Attorney Diane Tillotson said the cross easements would provide for the construction of the ramp by the owner of the commercial property to the property line.
The Town Planner recommended that they talk to the project next door. The owner of Westboro Commons has provided an area for that connection. You need to speak to them about responsibilities on both sides. It needs to be coordinated between the two properties and it needs to be clear who is doing what.
Mr. Shawn Nuckolls said we have had discussions with the abutter.
The Town Planner said there needs to be more detail present on the plans. We will need to have site plan review of this parcel to make sure they interconnect. We need to firm up the language. We should have the engineers propose something for review.
Attorney Diane Tillotson pointed out that if Toll Brothers sells to a commercial builder to construct this building you need to leave some flexibility for the new owner.
Mr. Shawn Nuckolls said they will build what is on the plan.
Attorney Diane Tillotson agrees that it needs to be explicit.
Attorney Joel Bard, Town Counsel said you would want an easement instead of a license.
Member Charlie Diamond said he is glad that Mr. Shawn Nuckolls did the footwork on the revenue. But he wants to see something built beyond year 8. The foundation could be built within 3 years for the commercial building. You said you would build this at the very end of the residential build out. He is concerned you will sell the property and then the building will not be built.
Attorney Diane Tillotson said if you put in a foundation, what if the new owner doesn’t want it.
Member Mark Silverberg disagrees with putting in a foundation. The best way to do that is the escalator in money. We have to look to see if a building is even required.
Member Charlie Diamond said then he has a problem because it is not the intent of the T-OV. He is having second thoughts about this.
Attorney Diane Tillotson said we will use our best efforts for marketing, to lease or buy to a commercial developer. It is a commitment to do our best.
Minutes of Modification to Special Permit #T-OV 5-1
Westborough Woods – Gleason Street
March 22, 2016
Page 5
Member Charlie Diamond said we talked about this. This is a waiver unique to Toll Brothers at Westboro Village.
Member Tim Paris said he does not have the history on this project, but Note 5 was intended to have empty basements or a slab to be used for storage? The adjoining properties are on slabs with no basement space. Enforcing this is up to their Homeowner Association. How else do we enforce this?
The Town Planner said we have a bylaw that says if you are in violation you can be fined.
Chairman Brian Bush had questions for Attorney Joel Bard. Is this an appropriate venue for a modification through the Special Permit? It looks to be more of a zoning issue with the ZBA. Is this appropriate to talk about this at this hearing? Does it apply to units already occupied due to the fact they are under a different decision.
Attorney Joel Bard, Town Counsel said there is a separate proceeding with the ZBA. Yes it is appropriate for the Planning Board to be looking at it. The Bylaw calls out the authority for the Planning Board to grant a waiver. It does not talk about timing. The timing aspect is neutral by the Bylaw. The Planning Board has the Authority to grant this waiver. As for the confusion, properties already granted when this decision is granted will be recorded and earlier ones will be noted in the title search.
Chairman Brian Bush said his opinion is that the process for modification is an opportunity to go around the ZBA. He does not want this Board to be involved in this on a regular basis. This case is different in that the Building Department issues permits. Is it appropriate to write these kinds of findings in the decision? We want to make sure we don’t have to address this in other cases.
Attorney Joel Bard said there was a change in interpretation midstream and it is what makes this request different. This would go into the findings and be only for this situation with this project.
Chairman Brian Bush said he wants to make sure we do not set precedent and make sure this is a unique situation only to Westborough Village.
Chairman Brian Bush said the interconnectivity issue must be in the interest of making it secure in that Toll Brothers shall work with abutting properties and share the responsibility. He wants to have a work arrangement to make this happen with the Town Engineer and Town Planner. He wants to see this written in the decision and resolved to the satisfaction of the Town Engineer and Town Planner and also put a time guideline on this.
TP – need to sit down to talk about this.
Minutes of Modification to Special Permit #T-OV 5-1
Westborough Woods – Gleason Street
March 22, 2016
Page 6
Chairman Brian Bush said it would be nice to have some progress made on this.
The Town Planner said look at the number of building permits left. The plan design is pretty much there. Work with your neighbor and get it done.
Chairman Brian Bush said this is part of the deal and will be structured into this decision. It has to get done.
Attorney Diane Tillotson said we will need to have a basic agreement with the cross easements on who will build it to get it done.
The Town Planner said your neighbor already has a design on his side. You need to complete your side to join. He does not have to amend his permit.
Chairman Brian Bush suggested what about doing $13,500 for all 8 years.
Mr. Shawn Nuckolls said we are proposing money to have the building built sooner than later. That was why the money escalates as time goes. We are not commercial spec builders.
Chairman Brian Bush pointed out that they need to get rid of the word “interpret”. This is a waiver only for your project alone.
Attorney Joel Bard said we can substitute for the word “interpret” the word “waived”.
Chairman Brian Bush said he is not in favor of allowing closets. If you look at zoning in other towns, closets are not allowed. He prefers to keep the language as is. If there has to be an enclosure for mechanicals, it is an enclosure to hide mechanical equipment.
The Town Planner said zoning says we have to stay away from closets.
Member Mark Silverberg asked if the existing finished basements have closets.
Mr. Shawn Nuckolls responded they have enclosures for mechanicals.
Chairman Brian Bush said he wants to address the comment about everyone else in Town has basements. This District was meant to be unique, a different zone with higher density.
Mr. Vikas Singhvi, 10 Simon Way said the model house had a basement and gave the impression to all that basements were allowed.
Minutes of Modification to Special Permit #T-OV 5-1
Westborough Woods – Gleason Street
March 22, 2016
Page 7
Chairman Brian Bush said you as residents have been put through the ringer.
The Town Planner thinks Attorney Diane Tillotson should work with Attorney Joel Bard and get comments back to him. Then we will let the Board review. If you close the hearing you can’t discuss any new information but can discuss what has been discussed tonight.
Attorney Joel Bard cautioned something could come up and then you could not discuss it.
Attorney Diane Tillotson said she is concerned as long as the hearing is open she feels residents feel obligated to come back. If you don’t take new information, they would not have to come back.
Attorney Joel Bard said there have been no new comments and it is less likely something new will come up; if it does you have to re-advertise the public hearing.
Member Mark Silverberg said since the Building Commissioner is not here, would his comments be allowable?
The Town Planner said we have his letter in October. He can comment on discussion.
The Town Planner said he usually advises the Board to keep the hearing open until we have a decision written. His question to Attorney Tillotson is, are you worried about the 90 days? You are not going to get a decision early in April.
Attorney Diane Tillotson said we just want to get things rolling. She is confident we are going down the right path. She feels we are so close and wants to get it done. She would like to avoid another appearance with the ZBA. We are looking to get closure for everyone. She respects his desire to get it done right.
The Town Planner said if there is anything new on the connectivity issue, is that outside of the public hearing.
Attorney Joel Bard responded it would take a specific fact of new things discovered, something uncovered site specific. Otherwise he sees it as a continuation.
Chairman Brian Bush remarked that the Applicant is more at risk than the Planning Board.
Member Mark Silverberg motioned to close the Special Permit Public Hearing on a Modification to # TOV 5-1. The Town Planner will work on a draft decision. The motion was seconded by Member Bill Spencer and unanimously voted.
Minutes of Modification to Special Permit #T-OV 5-1
Westborough Woods – Gleason Street
March 22, 2016
Page 8
Chairman Brian Bush said the next Planning Board Meeting will change to April 12th and possibility of April 26th
Attorney Diane Tillotson said she will try to firm up a decision and get it to Attorney Joel Bard and the Town Planner by the end of the week. If she can satisfy both then maybe do a conference on Monday, April 11th at 1:00 p.m.
Respectfully submitted,
Sandy Spinella/Administrative Assistant
APPROVED:
--------------------------------------------------- -----------------------------------------------------Brian Bush, Chairman of Board Mark Silverberg, Vice-Chairman of Board
------------------------------------- ---------------------------------- -----------------------------------
Charlie Diamond William Spencer Tim Paris
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