WEST BOYLSTON PLANNING BOARD MEETING
DECEMBER 13, 2006
MEMBERS PRESENT: Chairperson Karen Paré, John Baker, Patricia Halpin, Vincent Vignaly, Elise Wellington
MEMBERS ABSENT: None
OTHERS PRESENT: Wayne Amico, Robert Longden, Robert Smith, Frank and Jane Estrada, David Brunelle, Joe Evangelista, Jeff Perkins, Chris Rucho, John Hadley
FREEDOM WORSHIP CENTER: VOTE TO APPROVE AMENDED SITE PLAN
Upon motion of Ms. Wellington and second of Ms. Halpin, it was voted, four ayes (Paré, Halpin, Vignaly, Wellington) one no (Baker), to approve the revised plan for Freedom Worship Center, dated December 11, 2006, amending Condition #7 of the Certificate of Site Plan Approval dated Oct. 9, 2002, to allow the emergency access road to be used as a service entry for church ministry and other general needs and to allow parking for such uses on the marked gravel parking area next to the church. Ms. Halpin suggested that a copy of the revised Approval be sent with a letter to the Building Inspector and the Fire Chief stating the concern of the Planning Board that the area be used as specified in the Approval. A mylar of the approved plan with a signature block will be submitted in time for the January meeting of the
Board. The Certificate of Approval for the revised site plan will also be signed at the January meeting.
ANR: KELLEHER: PINE ARDEN DRIVE
An ANR Plan was submitted by Ellen Kelleher and Eugene and Suellen Supernor on Pine Arden Drive. Ms. Kelleher previously obtained a Special Permit from the ZBA for her lot because it is in the Aquifer District and is a non-conforming lot (not enough frontage). The ANR Plan does not further reduce the area of the lot. A mylar, six copies of the Plan, two Form(s) A and an application fee for $400 were submitted. Upon motion of Mr. Vignaly and second of Mr. Baker, it was unanimously to sign the ANR for Eugene and Suellen Supernor and Ellen Kelleher for lots on Pine Arden Drive.
Minutes of the Planning Board Meeting 2.
December 13, 2006
ANR: ESTRADA: 98 PROSPECT STREET
An ANR Plan was submitted by Hayden and Jane Estrada for property located at 98 Prospect Street. A mylar, two Form(s) A and an application fee in the amount of $400 were submitted as well. The property is not in the Aquifer District and the Plan has adequate frontage and area. The parcel to be divided is registered with the Land Court. Copies of the signed mylar will be delivered to the Planning Board after it goes to Land Court. Upon motion of Mr. Vignaly and second of Ms. Wellington, it was unanimously voted to sign the ANR Plan for the Estrada property on Prospect Street.
ANR: EVANGELISTA AND BRUNELLE: SHRINE AVENUE
Joseph Evangelista and David Brunelle submitted an ANR Plan for property on Shrine Avenue. A Special Permit was previously received from the ZBA for reduced frontage for the lot. Mr. Evangelista noted that he had “recreated” a vernal pool on the site that had been damaged by silt from the road flowing into the wetlands. Ms. Wellington pointed out that the ANR Plan did not show plot lines from the original plan so that one could not see the change that was being made and she questioned whether the Plan would be accepted at the Registry. Mr. Evangelista requested that the Planning Board still sign this Plan, and he will assume the risk that it will not be acceptable to the Registry. He agreed to resubmit the Plan to the Planning Board, if that is the case, and pay the application fee as if it were
a new submittal. Upon motion of Mr. Baker and second of Ms. Halpin, it was voted, four ayes (Ms. Wellington voted no) to sign the ANR Plan for the applicants’ property on Shrine Avenue.
CENTURY FARM: REDUCTION IN PERFORMANCE BOND
The developer of Century Farm, Jeff Perkins, attended the meeting in order to finalize the proposed reduction of the Performance Bond for his subdivision to $47,000. This reduced amount was previously reviewed and recommended by VHB. Upon motion of Ms. Wellington and second of Ms. Halpin, it was voted, four ayes (Mr. Vignaly abstained) to execute Form K, Performance Bond, in the amount of $47,000 for Century Farm Subdivision, as prepared and submitted by Mr. Perkins’ attorney. A signed copy of the Form K will be returned to the Planning Board by Mr. Perkins.
Ms. Wellington noted that sand and dirt are still flowing from the mound of sand onto sidewalks and into the catch basin. Mr. Perkins stated that this happens every time the mound is “dug into”. Grass had been growing on it and heavy rip-rap is in place. Mr. Vignaly cautioned Mr. Perkins about the new EPA Regulations for stormwater. A “stormwater plan” is now required. Such a plan has been in place for the last three years for the town, and the EPA is now becoming stricter about enforcement. When an inspector comes to his subdivision, Mr. Perkins must be prepared to show him the document.
Minutes of the Planning Board Meeting 3.
ANGELL BROOK/HILLSIDE: SIGN BOND REDUCTION-SUSPEND INSPECTIONS
Two documents, both entitled “Amendment to Performance Agreement – Secured by Lender: Reduction in Holdback Amount” were presented to the Board for signature for Angell Brook and Hillside Village. The Angell Brook document reduces the holdback amount to $110,000. The Freemans have still not yet submitted a letter stating that they are satisfied with the work done to prevent runoff onto their property.
The Hillside Village document reduces the holdback to $10,000 and modifies the completion date to June 30, 2007. Upon motion of Ms. Halpin and second of Mr. Vignaly, it was unanimously voted to approve the above reduction amounts for Hillside Village and Angell Brook; to modify the completion date for Hillside Village to June 30, 2007 and to sign both Form(s) K.
Mr. Amico reported that Mr. Staiti today assured him that all previously noted inspection issues have been taken care of at Angell Brook. On November 2, 2006, VHB inspected the area in anticipation of ceasing all inspections for the winter. Six units, however, have been sold for Emily Drive and construction of the road has been started. Mr. Staiti will contact VHB for an additional inspection of the drainage before winter.
INSPECTION REPORTS
Gates Brook: Tack coat paving is complete and the project went well.
Manor: Mr. Vignaly will review the as-built plans when completed.
Gerardo’s: The basin has been seeded but hay and straw need to be strewn over the area that was cleared.
D&S Realty: Mr. Migradichian has been in contact with VHB by email but the site has not been recently inspected.
DISCUSSION OF ZONING ISSUES WITH CHRIS RUCHO AND JOHN HADLEY
Mr. Hadley is Chairman of the Economic Development Committee (“EDC”) in town. He and Selectman Rucho attended the Planning Board meeting in order to give input and get feedback on certain zoning issues in town. Mr. Hadley stated that the ECD plans to
conduct a survey of businesses in town, (the last one was done in 1999), in order to get ideas on how to upgrade Route 12 and Hartwell Street, and advise business owners how to spend their money on upgrading. Mr. Hadley noted that many lots on Route 12 are small and Mr. Vignaly stated that these are existing non-conforming lots. Improvements can be made to structures on these lots but the owners will have to go to the ZBA for a
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December 13, 2006
Special Permit. If the lots existed when the larger lot zoning requirement was enacted and are not merged, expansion can occur on these sites as long as the expansion adheres to the 10’ setback. The front yard setback has been reduced and our zoning seeks to encourage parking in the rear of the buildings.
A discussion ensued about site plan review and what triggers site plan review. The Planning Board hopes that the new Building Inspector will be able to undertake more inspections of smaller projects so review engineering costs are minimalized. Ms. Paré noted that the Board cannot ignore the zoning bylaws or be arbitrary in their interpretation and Mr. Baker noted that developers must use “due diligence” in planning their projects. Site plans are done for safety and to ensure that neighbors’ land retains its value. Building codes are the minimum standards set and projects should be designed to adhere to standards above the codes. The developer needs to have competent professionals to guide him or her through the process and prepare plans in accordance with the Zoning Bylaws and
Subdivision Regulations. Ms. Halpin suggested that the EDC create a vision for Route 12; compare it to Main Street in Holden; and get rid of the illegal (and ugly) signs about which everyone is complaining. The survey should be worded in such a way, she stated, to let people know that the bylaws exist for a reason. She also suggested that a member (or members) of the Garden Club be invited to join the EDC to give some input on how to make the town more attractive.
The signs are a problem, Mr. Hadley agreed, but standards should be the same for everyone. Ms. Paré stated that some of the signs are “grandfathered” but some of them, erected on the right-of-way, need to be moved 10’ back. Mr. Hadley also stated that it would be very helpful to have a written description of where to go and what to do when someone wants to start a new business in town. Ms. Wellington suggested that the new Building Inspector might have some documents/ideas from Framingham. Mr. Baker reiterated that it is not an easy process to build; there are a lot of people involved. The problem with a “checklist”, he stated, is that something important could be missed. A builder needs to hire competent help to get the expertise needed for a project. Ms.
Halpin also suggested that the EDC discuss the idea of an architectural review board.
Concerning the proposal for Village District Zoning, Mr. Hadley stated that a business
person needs to be located in an area where he/she will be able to make money. Ms. Paré stated that she would like to get input from the EDC on this zoningproposal. She added that the Planning Board is looking at the idea of “limited” site plan reviews, which are currently done by granting waivers. Ms. Wellington noted that any part of Section 3.6 (Site Plan Review)of the Zoning Bylaws can be waived.
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December 13, 2006
GOALS FOR 2007
A discussion of goals for the Planning Board for 2007 included:
Further study and implementation of Village Zoning
Revise the Zoning Bylaws
More details on site specifications for multi-family housing
Rules and regulations for incentive zoning
Create a packet with procedural rules and regulations (for new Board members)
File Board decisions on a computer
Study the need for office hours
Discuss how to implement “limited” site plan review
Complete revision of Subdivision Regulations
Create a new zoning map
Support the Building Inspector’s efforts at zoning enforcement
The Board will request, for Fiscal Year 2008, $10,000 for a line item to fund a new zoning map and professional and legal fees. Ms. Paré will discuss this proposal with Mr. Gaumond.
MEETING SCHEDULE FOR 2007
Upon motion of Ms. Halpin and second of Mr. Baker, it was unanimously voted to approve the Planning Board meeting schedule for 2007.
OTHER BUSINESS
Ms. Halpin reported on a recent meeting she attended on behalf of the Planning Board at which developers, bureaucrats and municipal officials discussed the ramifications of Chapter 40B projects.
Michael Staiti and Andrew Beardsley are proposing a Chapter 40B LIP development on Crescent Street, which was initially proposed for 20 units and has now grown to 29 units. There are wetlands in the back of the site, so the units will need to be crowded towards the front.
The new Building Inspector, Mr. Brodeur, has been invited to come to the January meeting of the Board. Ms. Halpin suggested that he should be invited after he has had time to read and digest the Zoning Bylaws. Issues to be discussed with him are “change of use”; zoning enforcement and signage. The Board will share with him a copy of the letter they sent to the Board of Selectmen, stating their reasons why they believe a full-time Inspector is necessary.
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December 13, 2006
New lights were installed at CVS on the building, which are reflecting onto the neighbor’s property. Mr. Vignaly presented a draft letter to CVS concerning this problem. Upon motion of Ms. Wellington and second of Ms. Halpin, it was unanimously voted that Ms. Paré will sign and send this letter, as amended.
Ms. Paré will contact Attorney Jeanne McKnight as to what further remains to be done by the town to finalize the road acceptances for Chino Avenue and Timberwood Estates.
MINUTES/BILLS
Invoices were approved for payment to Verizon Wireless and VHB. Upon motion of Mr. Vignaly and second of Ms. Wellington, it was unanimously voted to accept as amended the Minutes of the Planning Board Meeting held November 8, 2006 and the Minutes of the Public Hearing for Freedom Worship Center – Amendment to Site Plan, held that same date.
At 11:15 p.m., upon motion of Ms. Wellington and second of Mr. Vignaly, it was unanimously voted to adjourn.
Date Accepted:____________ By:____________________________
Elise Wellington, Clerk
Submitted By:________________________
Susan Abramson
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