MINUTES OF WESTBOROUGH PLANNING BOARD
April 12, 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: May 03, 2016 and May 17, 2016
At 7:00 p.m. the Planning Board prepared to discuss the draft decision on #T-OV 5-1 for Toll Brothers. See attached minutes.
Attorney Diane Tillotson, Hemenway & Barnes LLP, Mr. Derek Wheeler and Mr. Shawn Nuckolls representing Toll Brothers were present for discussion on the draft Special Permit for #T-OV 05-1, Westborough Village.
Chairman Brian Bush stated that at the last meeting the Planning Board closed the public hearing and since that time Town Counsel and Attorney Diane Tillotson representing Toll Brothers have drafted the decision. We just received it this afternoon.
The Town Planner said we started with the base decision that he drafted many months ago. It was then reviewed by Town Counsel and Toll Brothers Attorney. All are in agreement with the draft.
The Town Planner reviewed the draft with the Board. There are three conditions of approval with this Modification and one waiver.
- Pedestrian connection with adjacent parcel: Approval of this amendment is conditional on Applicants consent to implement pedestrian access between its commercial/retail parcel (Building 48) and the adjacent retail/commercial portion of Village Commons. This access shall be documented by a Declaration of Easements shat shall set forth the approximate location of the pedestrian access easement and shall be submitted to the Westborough Planning Board for review and approval prior to execution and recording. The easement will shall identify who is responsible for actual construction of the access or specify that such construction is a shared responsibility. Location and design shall be reviewed by the Design Review Board. Declaration of Easement shall be recorded prior to issuance of the building permit for
the last residential unit/building for occupancy.
- Commercial/retail Parcel: The construction of Building 48 which will contain the commercial/retail uses only. Beginning with Fiscal Year 2017, Toll Brothers will make payments to the Town of Westborough as payment in lieu of taxes (PILOT) until building is complete. Upon issuance of certificate of occupancy for a constructed building on this parcel these PILOT payments will terminate.
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April 12, 2016
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Member Mark Silverberg asked do we need to state what the PILOT was for. If they build the building and the assessment is more do they need to pay what the difference is.
The Town Planner responded NO
- Applicant shall create a curb cut on the south side of Smith Valve Parkway to provide access to the current sidewalk on this south side and directly opposite the multiuse path created to serve Westborough Village on the north side of Smith Valve Parkway. This curb cut shall be designed and installed under the supervision of Town Engineer and DPW and shall conform to state and federal requirements for handicap accessibility.
The Town Planner said that all previous conditions granted in Special Permit #T-OV 05-1 (April 18, 2006) and the amendment in 2010 shall be brought forward and will remain in force and effect in this Amendment. The Planning Board acknowledges that this decision may be subject to modification in the future. The Planning Board would determine whether any proposed modification to the Project requires a formal amendment or whether the modification is consistent with the special permits issued by this decision and the purposes and intent of the applicable conditions sought to be modified and therefore a public hearing is not required.
Member Mark Silverberg in the Conclusion there is verbiage that says “the use of basements is in harmony with the general use of the bylaw”. He is not comfortable with this statement. This is a special circumstance for Westborough Village and not part of the bylaw.
Attorney Diane Tillotson said she can rewrite this sentence and will send the revision to the Town Planner.
The Town Planner said there is one waiver from Section 5060, Note 5 of the Westborough Zoning Bylaws provided that no bedrooms, kitchens or closets shall be constructed below grade (in the basement), but basements may be finished. Closets shall not include enclosures intended to screen sump pumps, water heaters and other pipes or utilities.
Member Charlie Diamond asked if any of these units have walkouts.
Mr. Shawn Nuckolls responded there are a few units that that walkouts, 3 sides below grade and one at grade.
Member Mark Silverberg asked if their interpretation if part of the basement is above grade then they can have bedrooms? He can live with the language as written.
Attorney Diane Tillotson said they have tried to reflect the concerns of the Planning Board.
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Chairman Brian Bush said relative to Condition #1, whoever builds the commercial building will have the burden of the easement that must be in place before this. It will fall upon the owner of that land. The Easement must be drafted to get your permits.
Attorney Diane Tillotson said she has discussed this Condition #1 with the Town Planner. The easement language must show who is responsible and the obligation is binding to all successors and provide for potential amendments as needed for grades.
Chairman Brian Bush agreed that the obligation of construction will fall on the landowner of this parcel.
Attorney Diane Tillotson said that the construction responsibility will be shared by the owners of these two properties.
Mr. Shawn Nuckolls said he has spoken with the neighboring property and they agree but it will be built at different times to connect.
The Town Planner asked will you have a plan that is referenced in the Easement.
Mr. Shawn Nuckolls responded YES.
Member Mark Silverberg motioned to approve the Modification to Special Permit #T-OV 05-1 dated April 12, 2016 with revisions. The motion was seconded by Member Charlie Diamond and unanimously voted.
Preservation Acres: Mr. Ken Chase and Mr. Matt Zuker for Preservation Acres were on the agenda for their Covenant, Tri-Party Agreement, Construction Schedule and Lot Releases.
They did not show.
The Town Planner said that at the last meeting they asked for lot releases but we could not do it because we did not have a security bond or covenant to allow for release of the lots. The Planning Board at that meeting explained to them they could not hold land as a security. They were told to get a bond, lot release forms, construction schedule and covenant. We have received all required forms but the covenant was not signed and notarized by the bank.
The Town Planner proposes the Planning Board vote the lots be released to him and that the Board sign the Tri Party Agreement. The Treasurer will receive money as soon as it is signed by the Planning Board.
The Town Planner said Mr. Zuker and Mr. Chase did this out of order. He would like to have the Board sign all and then give it to them after they get the Covenant endorsed by the Bank.
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Member Charlie Diamond said he is okay with this.
Members Spencer, Paris, Silverberg and Bush all agreed.
Member Mark Silverberg motioned to approve and endorse the Tri Party Agreement, approve the Construction Schedule and approve the Covenant upon it being signed by the Bank and release Lots # 2, 5, 6 and 7. The motion was seconded by Member Charlie Diamond and unanimously voted.
Note: The Planning Board signed the Tri Party Agreement and the 4 Lot Releases (Lots # 2, 5, 6, & 7).
The Town Planner explained that they have brought in a Covenant, Tri Party Agreement in the amount of $294,428.75, a Construction Schedule approved by the Town Engineer and Lot releases for Lots 2, 5, 6, and 7. The Town Planner said he signed off on these lots, building permits conditional upon the Board approving and executing the project covenant.
At 8:00 p.m. the Board met with representatives of The Ridings Subdivision on the next phase of their project off of Harvest Way. They are proposing a loop road that will extend into Grafton.
Mr. James Tetreault of Thompson and Liston Associates said this is for a 19 lot development and the Applicant would like to build an Open Space Community.
Mr. James Tetreault said he is here representing Casa Builders and Developers on a 55 acre parcel of land in Westboro off of the westerly end of Harvest Way with frontage on the existing terminus of the road and extending to the Town Line in Common with Grafton. This project intends to extend west into the Town of Grafton eventually intersecting with Adams Road in Grafton. This will create 2 means of egress from the project, to the east through the existing portion of Harvest Way or to the west to Adams Road in Grafton.
Mr. Tetreault said they have already filed a Preliminary Subdivision Plan in Grafton for the creation of a 39 lot subdivision on 71 acres.
The property contains wetland resource areas the boundaries of which were previously confirmed by the Westborough Conservation Commission. The site is a wooded hill which slopes to the south to a relative plateau opposite the end of Harvest Way and then again toward land of the Massachusetts Turnpike.
Mr. Tetreault said the Applicant prefers to build an Open Space Subdivision with 19 homes.
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Conventional Yield Plan:
All the lots will be 50,000 square foot lots in the conventional subdivision. This project abuts the former Riding Subdivision and has frontage on Harvest Way. Water service to the lots would be from extending the existing municipal service in Harvest Way. In the conventional subdivision the lots would be served by individual septic systems. There will be one or more detention basins south of the extension of Harvest Way to ensure. Drainage will go into the wetlands and to the south. They are asking for no waivers.
Additional Open Space Plan:
An open space subdivision would be served by extending the existing sewer service in Harvest Way. Water service would tie into the existing municipal service on Harvest Way. There are wetlands behind lots off of Appleseed. All 19 lots would be on one road with 3 spurs to Adams Road in Grafton.
Open space version:
This is an open space subdivision with 19 lots on single cul-de-sac on less than 1,000 square feet. All 19 lots meet the open space requirements. There is a choice of two shorter cul-de-sacs with 294 feet of road and 990 feet for the other cul-de-sac. The open space plan allows for more open space to be left in its natural form. North of this, the Town owns a parcel. We would be adding 80 acres to existing Town property and New England Forestry. The grades are not as good here and there are more alterations in this version. They prefer the one longer cul-de-sac with 3 spurs.
The Town Planner said Mr. Tetreault has been in to meet with him, the Town Engineer, Building Commissioner and Conservation Commission Agent. The Town Planner agrees that the one cul-de-sac open space plan is more sensitive to the land. There will be less grading, less disturbance and less disturbance to the existing neighborhood (The Ridings). If the Applicant pursues the preferred alternative, he would suggest letting him extend the length of the cul-de-sac. It would require a waiver of the 12 lot limit. It would also require increasing the length of the road.
The Town Planner said we all looked at these lots very closely. Mr. Tetreault has already adjusted the lots. The Alternate Open Space Plan is a better design for the Town.
Mr. James Tetreault said at the public hearing he will show 3 separate plans that the Planning Board can review and choose which plan they want.
Member Tim Paris asked how far away is the Charm Bracelet Trail?
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Mr. Don Burns representing Sudbury Valley Trustees and the Land Trust responded that it is pretty close to the Charm Bracelet.
Mr. James Tetreault said the plan has not been stamped by landscaping architect because they are keeping the open space in natural state.
The Town Planner said that this would have to be a waiver.
Chairman Brian Bush said in the Subdivision Rules and Regulations the process is outlined. The first step for creation of a subdivision is the Concept Phase which must show both a Conventional ‘Yield” Plan and an Open Space Plan. The next Phase is the Preliminary Plan and the last Phase with all the detail is the Definitive Phase. The Applicant can build a conventional or open space subdivision. It is unusual to ask for a waiver before a formal submission.
Mr. James Tetreault thought having the roads staked so people could walk the property might be worthy.
Chairman Brian Bush asked do we grant this waiver.
The Town Planner responded he has to file for a special permit to get the open space community. He is required to have a landscape architect stamp on the plans. He is asking that this get waived so they can do a submission. Mr. Tetreault is asking get permission to proceed without it.
Member Mark Silverberg said informally he does not have a problem. Members Bill Spencer, Tim Paris, Charlie Diamond and Brian Bush all agreed.
Member Charlie Diamond said he prefers the long cul-de-sac because everyone has a buffer.
Mr. Don Burn – 58 Flanders Road representing Sudbury Valley Trustees and the Land Trust said if the open space land is given as one parcel, then Sudbury Valley is interested. If the plan is to have two parcels then give to the Town. There is no place to park for trails. Maybe a parking lot off the road could be provided.
Member Mark Silverberg said if a parking lot is provided, then a sidewalk and crosswalks would have to be provided.
Mr. Don Burn responded that there are over 200 acres of open space that people walk and we need parking area. There is an old road that crosses; it might connect to the Libby property.
Mr. James Tetreault said that this all can be reviewed further as a possible option.
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April 12, 2016
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Mr. James Tetreault said on the Grafton side it is only on septic system. We have already filed and already had 1 preliminary hearing and are due to go back soon. The Grafton Planning Board is leaning towards the open space version.
Chairman Brian Bush asked are there issues to access and egress if you don’t get the through roads?
Mr. James Tetreault responded that each Town does need the other. Mr. Venincasa in the past tried to purchase land from the LaFlemmes. On the Grafton side we have prepared a plan showing going into Westborough. The plans are similar in both towns.
Chairman Brian Bush pointed out that where you pick up Harvest Way, the road you are constructing is a long road. Each Town needs the other Towns approval to avoid a dead end road.
Mr. James Tetreault said we have had a lot of feedback from Mr. Carl Balduf, Town Engineer and the Town Engineer in Grafton.
Member Mark Silverberg asked what you are proposing in Westborough.
Mr. James Tetreault said that the DPW will allow the 19 lots to connect to existing pump station. This whole hill is an average soil, till and was maybe a gravel pit in the past. We have passed soils tests on all the lots.
Chairman Brian Bush asked if the state is okay with the extension of the sewer in Westborough.
The Town Planner responded yes.
The Town Planner said that Westborough’s design standards are more forgiving with our open space roads.
Mr. James Tetreault said that Grafton is willing to go 24 feet for roadway width.
The Town Planner asked what the line of sight is.
Mr. James Tetreault said we can see 400 feet in both directions using the ASHTO. We need to show easement to land that will be given to the Town.
The Town Planner said to bring in the Concept Phase filing.
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New Business:
State Hospital ANR:
Mr. Randy Waterman, Waterman Design Associates was present for discussion. This ANR is for the Westboro State Hospital. He has been working with town departments especially the Town Engineer. The purpose of the ANR is to divide Parcel 1 into Lots A1, B and D and Parcels A2, A3, C and E. Lot B and Parcel C will remain with the Town of Westborough. Lot A1 and Parcels A2, A3 and E will be under the care of the Conservation Commission for conservation purposes. Lot D will be offered by the Town of Westborough for sale (TM Article 14). We are creating 3 building lots A1, B and D parcels and creating small parcels along the lake. There are 4 sheets.
Mr. Waterman said the Town Planner noticed an old note was left on the last three sheets which is incorrect. These sheets need to be replaced. The notes on the front sheet are correct. He will bring in a new Mylar for the Town Planners signature tomorrow. The largest lot is 36 acres and is the development parcel.
Chairman Brian Bush asked about the proposed access.
Mr. Randy replied that the first ANR Plan created the perimeter of the site but not the interior site. We are replacing the original plan with these new plans.
The Town Planner said during the process, DCAM wanted to move the access. The Plans are on 3 sheets because there are so many new points. Mr. Waterman did a great job of correcting all the errors.
Chairman Brian Bush asked are the boundaries set.
Mr. Randy Waterman said they will be going out to set the points next week.
Member Bill Spencer asked is the land out for bid yet?
Mr. Waterman replied that yes the Selectmen will be putting out an RFD.
Member Mark Silverberg asked is there are rear exit?
Mr. Randy Waterman said this is extended on the back of the site.
Member Mark Silverberg asked why we need this rear access on Parcel B.
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Mr. Randy Waterman responded that the Town Manager did not want it on the conservation parcel. Years ago it made more sense to come around from the side.
Member Mark Silverberg motioned to endorse the ANR Plans on the State Hospital for the Town of Westborough prepared by Waterman Design Associates and dated April 08, 2016 and waive the filing fee. The motion was seconded by Member Bill Spencer and unanimously voted.
Eli Whitney Street ANR Plan:
Mr. Randy Waterman of Waterman Design Associates said the property belongs to Fawaz & Jo Ellen El Khoury. The purpose of the ANR is to divide lot 1-C into Lot 2-D and Parcel B-2. Parcel B-2 is not to be considered a buildable lot and is to be combined with Parcel B1 to form one contiguous Parcel B-3. The existing lot extends back. They sold the house and created an ANR Plan for just the house lot. The land combined will remain Mr. Fawaz El Khoury’s.
Chairman Brian Bush asked are we creating two parcels.
Mr. Randy Waterman responded that we are dividing a lot to sell with the existing house and combining two unbuildable lots into one for Mr. El Khoury to keep.
Member Bill Spencer said his concern is the parcel in the back will get lost. It is a responsibility having that property behind you.
Chairman Brian Bush said Mr. El Khoury is granting no rights to the two parcels in the back. He does not have enough frontages to build in the back. He is keeping the unbuildable land combined.
Mr. Randy Waterman said iron pins have been set out in the field so new owners know they don’t own the land in the back.
Member Mark Silverberg motioned to endorse the ANR Plan for Fawaz & Jo Ellen El Khoury on Eli Whitney Street prepared by Waterman Design Associates and dated April 01, 2016. Member Charlie Diamond seconded the motion and it was unanimously voted.
The Minutes of March 22, 2016 were approved and endorsed.
There being no further business to discuss, the meeting adjourned at 8:41 p.m.
Member Bill Spencer commented that items for meetings are coming in late, this should not be happening. We should not be so accommodating.
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Member Mark Silverberg said he agrees with this.
Chairman Brian Bush said he agrees but in this particular case it was because the Town Planner was away for 2 weeks. He thinks all details and information must be in ahead of time. We will not take up any discussion on an item if not in at the right time.
Respectfully submitted,
Sandy Spinella
Administrative Assistant
APPROVED:
--------------------------------------------------- -----------------------------------------------------Brian Bush, Chairman of Board Mark Silverberg, Vice-Chairman of Board
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Charlie Diamond William Spencer Tim Paris
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