MINUTES OF THE PLANNING BOARD MEETING
NOVEMBER 8, 2006
MEMBERS PRESENT: Chair Karen Paré, John Baker, Patricia Halpin, Vincent Vignaly, Elise Wellington
MEMBERS ABSENT: None
OTHERS PRESENT: Wayne Amico, Bill Moulton, Bob Williamson, Mike Staiti
PHEASANT HILL ESTATES II: REQUEST TO RELEASE COVENANT
Attorney Bob Williamson attended the meeting on behalf of Ralph Hall, who is requesting that the Planning Board execute a “Rescission and Release of Covenant” for Pheasant Hill Estates Subdivision. Mr. Williamson submitted a copy of the plan that laid out the state highway (I-190), dated November, 1975. Sheet four shows what was left of the two adjacent lots at 575 Prospect Street after the taking by the State. No portion of the subdivision was ever constructed. Mr. Hall now wants to sell the remaining property, which is an approximately 33,000 sf lot, merged in 1974 so this lot was in effect merged with the adjacent lot Mr. Hall owns at 575 Prospect Street. Minimum lot size at that time was 30,000 sf. There has been no change in ownership since the lot was recorded in 1975.
Mr. Vignaly noted that the ZBA issued a Special Permit for Lot 575B on the 16th of May, 2006, to Joseph Evangelista, optionee owner of the property. This is an existing non-conforming lot . The owner is only allowed to change the existing building, not add a second building on the lot. Upon motion of Ms. Wellington and second of Mr. Baker, it was unanimously voted to ask Ms. Paré to sign the “Rescission and Release of Covenant” on behalf of the Planning Board. A letter will be sent to the Building Inspector with a copy to the ZBA noting that one house should be built on Lot 102 and no house on Lot 101.
HILLSIDE VILLAGE: REQUEST TO REDUCE BOND
The only outstanding issue at Hillside remains the retention basin that has been the cause of runoff onto the property of Mr. and Mrs. Freeman. Mr. Staiti contends that the
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Freemans are satisfied with Basin #1. He will obtain a letter from the Freemans stating that they are satisfied with the efforts he has made to prevent runoff from Basin #2. By
letter dated October 30, 2006, the Hillside Village Condominium Association stated that they are also satisfied with the completion of the site stabilization work. Mr. Vignaly stated that Keystone still needs to “wheel harrow” the area adjacent to Basin #2, but agreed that a reduction to the bond in the amount of $10,000 sounds reasonable. Upon motion of Mr. Vignaly and second of Ms. Halpin, it was unanimously voted to reduce the Phase I Tri-Party bond amount that is held by Commerce Bank to $10,000.
By email from Mr. David Eckhardt, it was learned that the Conservation Restriction for Hillside Village was never given by the Board of Selectmen to the Conservation Commission for their signatures.
ANGELL BROOK: REQUEST TO REDUCE BOND
Following discussions with VHB and Mr. Staiti, VHB recommended on Nov. 7th that the Bond Estimate for Angell Brook be reduced to $123,000. Mr. Staiti confirmed that he is in agreement with all but the $10,000 that is being set aside for “Maintenance – snow removal and street sweeping” for a year. The Angell Brook Condo Association has already assumed responsibility for those tasks. Upon motion of Ms. Halpin and second of Ms. Wellington, it was unanimously voted to reduce the Angell Brook Tri-Party Bond amount from $285,000 to $110,000. Mr. Amico confirmed that he is satisfied with the amount of the reduction. VHB inspected the area last week and, although they have not yet received current environmental reports, the basins seem to be working as designed.
ANGELL BROOK: REQUEST TO SUSPEND INSPECTIONS
Mr. Staiti has asked that inspections by VHB be suspended until spring because the building activity at the site will be halted during the winter months. By inspection report dated Nov 2nd, VHB noted that there are still some outstanding issues with areas that need stabilization and installation of additional silt sacs. Mr. Vignaly suggested that another “drive through” inspection take place in early December by VHB and if the developer has addressed these issues, then the Planning Board will vote at its next meeting to suspend inspections until construction resumes in the spring.
CRESCENT STREET: ZONING QUESTIONS
Mr. Staiti has been conferring with the owner of the two-parcel property at 19 Crescent Street concerning a plan to construct multi-family housing at the site. He discussed zoning questions with the Building Inspector and confirmed that the rear of the lot is zoned Single Family and includes wetlands. Mr. Staiti now hopes to obtain a friendly LIP from the town and construct 20 units on the 3.7 acre site. Ms. Paré stated that the Planning Board would support a good project constructed at this site. Ms. Halpin queried
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whether Mr. Staiti has any knowledge concerning who qualifies for this type of housing and how the selection process works in other towns. Mr. Staiti reported that in Wayland,
the Housing Partnership does the selection. Mr. Baker noted that the developer of the Chapter 40B project on Shrewsbury Street has the role of identifying and qualifying residents for the affordable housing. Mr. Staiti added that the town has the authority over this selection process.
INPUT FROM DCR REPRESENTATIVE
Mr. Bill Moulton, liaison from the DCR, attended the meeting in order to discuss projects of mutual interest in the town. He stated that nothing has been received from Flagg R.V. in response to the DCR requirement that they file for a Variance for work to be done on the detention basin (because it is within the 200’ zone). They first need to file with MEPA.
A request for a Variance hearing will be held on November 17th on the Chapter 40B project on Franklin Street because the current design contains too much impervious surface. An isolated pond across the street from the project made it jurisdictional and triggered the requirement for a hearing. The DCR is requiring infiltration and stormwater data.
CENTURY FARM: REQUEST FOR BOND REDUCTION
VHB submitted a letter on October 24th addressing the request for a bond reduction by Century Farm. The developer will attend the next meeting of the Planning Board to discuss this matter.
STILLWATER HEIGHTS/TIMBERWOOD ESTATES ROADWAY PLAN
Upon motion of Ms. Wellington and second of Ms. Halpin, it was unanimously voted to sign the road acceptance plans for Stillwater Heights (Timberwood Estates) and Chino Avenue. The roads were accepted as public roads at Town Meeting in October. The Board of Selectmen also need to affix their signatures to the plans which then must be recorded at the Registry.
INSPECTION REPORTS
Gates Brook: There are concerns with people moving into the condos before the project has been completed. The top course for the driveway still has not been laid down.
Gerardos: Mr. Amico discussed with Mr. Sarli the need to mulch the area before winter. Mr. Moulton stated that Mr. Sarli needs to come up with a “replanting plan” for the paper
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street, which was cleared of vegetation. Mr. Moulton will be invited to attend the next hearing held for Gerardo’s.
D&S Realty: Ms. Paré sent a letter to the developer agreeing that they do not need to install the landscape islands per the original plan and they do not need to submit an amended site plan at this time because their landscaping on the periphery is more than adequate.
VHB has a new format for their invoices which should provide the applicants with more information concerning who performed what task and how many hours it took.
NEW BUSINESS
Abby Kelley Foster Charter School: A Roundtable was held on November 6th to discuss the proposed construction of the Abby Kelley Foster Charter School at the Worcester Corporate Center, attended by Ms. Paré and representatives from the Police and Fire Departments; the Municipal Lighting Department; the Board of Health; ZBA; Schools; and Economic Development Board as well as the Town Administrator and representatives of the Charter School. Ms. Paré reported that the school will house 49 high school students, with an emphasis on music development. All children will be bussed. The school will be built on the last, remaining lot at Worcester Corporate Center, which is a steep lot abutting the grounds of the jail. Blasting will be necessary to develop the lot. Sergeant Papandrea
cited the need for fencing to screen the jail. Deputy Chief Cairns expressed concern because there will be no way for fire and emergency vehicles to drive around the back of the building. Ms. St. Pierre has promised to finish construction of the road to the site before construction of the school begins. Ms. St. Pierre also committed to replacing the under-sized drainage pipe for detention basin #2 that was allowed to be installed by Weston & Sampson. There will be 140 parking spaces; not enough for all students cars. Ms. Halpin queried where parents and friends would be able to park when attending performances of the students or parent-teacher conferences. Ms. Wellington queried whether the town can expect any PILOT money, because this is the second non-profit (non-tax paying) building to be constructed at the site. She reminded the Board that this industrial subdivision was heavily subsidized by the taxpayers so that it would attract
businesses that would bring property taxes to the town. This is an area to pursue, Mr. Baker stated, noting that the town needs a new swimming pool and more playing fields. Ms. Paré stated that she discussed this issue with Mr. Gaumond. The concern for more police and fire staffing is one that must be taken up by the Board of Selectmen.
Ms. Wellington noted that, when the road to this part of Worcester Corporate Center was planned, the land was declared “blighted” by the Planning Board with the intention that its development using state funds would generate jobs for needy citizens. She questioned how many jobs for needy citizens the school will provide. Ms. Paré noted that
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the town cannot prevent a school from locating in Industrially zoned land because schools are considered a “protected” class, such as churches, for development purposes. Ms. Paré responded to questions raised by the developer about the height of the building. Ms. Wellington stated that drainage regulations must be enforced for this project.
BUDGET PLANNING: F/Y 2008
Mr. Gaumond wishes to begin the budget process in January and would like input from the Planning Board concerning their needs and goals for F/Y 2008. Members definitely want to request funds for any legal fees, generated by consultation or litigation, to be paid to Town Counsel. Money also needs to be set aside for the creation of a new Zoning Map for the town. The DCR has mapping capabilities to create a map delineating parcels in the town. Mr. Moulton agreed to explore the matter further with Ms. Nancy McGrath at the DCR to see whether their assistance would be available. Ms. Halpin stated that help would also be needed with the Assessors Maps in those areas where there are merged lots. Mr. Moulton stated that there are no current plans to sell any DCR land and those lands it holds will continue to
be open for “passive recreation”.
There was discussion whether the Board needs a Planner and if so, what the responsibilities would be of the position. Ms. Halpin noted that it would be helpful to have a Planner who could do the research for the Board that members have little time to do for themselves. Ms. Paré noted that a Planner could write letters and decisions for the Board, thereby freeing the Chair of some of the onerous responsibilities of that position. Mr. Baker stated that it might be advantageous to hire a Planner on an hourly basis, since the workload of the Board is bound to vary in the years ahead. Ms. Wellington also queried whether the Building Inspector could work ¼ time for the Planning Board, since the Board has been so concerned about the lack of zoning enforcement. Ms. Halpin suggested that a Planner might be able
to assist in qualifying people for affordable housing and further suggested that the Board members write down a list of tasks that need to be done, such as writing letters, drafting bylaws and decisions, etc. to generate further discussion on a job description for a Planner.
In summation, the tentative proposal calls for a professional Planner, to be hired on a per diem basis, at $20,000 budgeted for the year. A line item for “legal expertise” is proposed at $20 - $40,000 for the year and funds for a new zoning map, if necessary.
Ms. Paré will write a list of goals for the next year. Ms. Wellington noted that the state gave out many grants for the development of Village District Zoning to towns in the Commonwealth. A grant writer would be very helpful for the Board, she added.
CVS: NEW LIGHTING
CVS has received permits for new lighting from the Building Inspector and the abutter,
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Mrs. Noyes, contacted Ms. Paré with her concerns, since the building was recently constructed with an approved site plan. CVS should have appeared before the Planning
Board with their intentions. Ms. Halpin stated that it is time for the Noyes family to go to the Board of Selectmen with their legitimate complaints. Mr. Vignaly will write a letter to the Building Inspector, with a copy to Mrs. Noyes and the Board of Selectmen, questioning why CVS was allowed to install new lighting.
MINUTES/BILLS
Invoices were submitted for payment to the T&G and Verizon Wireless. Upon motion of Mr. Vignaly and second of Ms. Halpin, it was voted to accept as written the Minutes of the October 25, 2006 Planning Board Meeting.
Upon motion of Mr. Baker and second of Ms. Wellington, at 10:15 p.m., it was unanimously voted to adjourn.
Date Accepted:___________ By:___________________________
Elise Wellington, Clerk
Submitted By:________________________
Susan Abramson
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