MINUTES OF THE PLANNING BOARD MEETING
JANAURY 25, 2006
MEMBERS PRESENT: Chairperson Karen Paré, John Baker, Patricia Halpin, Vincent Vignaly, Elise Wellington
MEMBERS ABSENT: None
OTHERS PRESENT: Wayne Amico, Christopher Pallotta, Jeff Perkins, Albert Barbieri, Kathy Beshai, Robert Sudmyer, Kevin McCormick, Nanette St. Pierre-Locke
CHINO AVE. – CHANGES TO APPROVED PLAN
The applicant has requested that this matter be postponed until the February 8th meeting.
ERNIE’S CAR WASH: REQUEST TO EXTEND SITE PLAN APPROVAL
By letters, both dated December 19, 2006, the applicant’s attorney, Samuel R. DeSimone, requested an additional nine-month extension to commence construction on the Site Plan Approval for Ernie’s Car Wash, 114 West Boylston Street. The applicant, Mr. Christopher Pallotta, attended the meeting and stated that, due to adverse economic conditions, he will not be able to begin construction until the spring of 2007. Upon motion of Mr. Baker and second of Ms. Halpin, it was unanimously voted to extend the Site Plan Approval for Ernie’s Touchless Car Wash Systems, Inc. until April 27, 2007, with the condition that as-built plans be submitted within one year of completion of the construction.
CENTURY FARM: REQUEST TO AMEND COVENANT & PERFORMANCE BOND
The applicant, Mr. Jeff Perkins, and his attorney, Mr. Albert Barbieri, attended the meeting. Mr. Vignaly asked to be recused. Mr. Barbieri submitted Form K, “Performance Secured by Lender’s Agreement” in which the amount has been reduced to $190,000.00. The Planning Board voted on December 13, 2005 to accept the reduction in the amount of the obligation. Mr. Baker inquired whether the town (DPW) has indicated
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that there are any problems with what has been constructed to date. Mr. Perkins stated that it is his goal to get the town to accept the road before next winter. The bank would like the amount reduced to decrease their obligation. Mr. Amico stated that ultimately, the Planning Board may have to ask for a small bond for the top course pavement. Upon motion of Ms. Wellington and second of Mr. Baker, it was unanimously voted to sign the Form K, Performance Secured by Lender’s Agreement, in the amount of $190,000, as submitted. Mr. Barbieri will record this document and submit a copy to the Planning Board.
The next item to be discussed was a requested “Amendment to Century Farm Declaration of Covenants for Drainage Easements”. This document has already been approved by the Board of Selectmen, conditional upon Planning Board approval. Mr. Barbieri explained that, when this document was originally prepared, it was not looked at from the point of view of the individual lot owners. In paragraph 1., the original document permits access to the Drainage Easement by crossing private property, while it is easily accessible by other easement areas in the subdivision. The amended language allows access to the Drainage Easement area only by entry upon the easement areas themselves. These other easement areas are easily accessible from the Subdivision roadways or other public ways and “therefore no
private Lots need to be entered upon for access to the Drainage Easement”.
The language in Paragraphs 2. and 3. was found to be redundant and/or confusing. Mr. Barbieri proposes to combine the two paragraphs into one in order to make the responsibilities of the lot owners clearer. Following a discussion of the proposed changes, Mr. Barbieri stated that he will fix the “typos” found in the document and submit it to Mr. Gaumond for signature by the Board of Selectmen. Mr. Gaumond has already forwarded the document to Town Counsel for review. Ms. Paré stated that she will email Mr. Gaumond, informing him of the approval of the amendments by the Planning Board.
WORCESTER CORPORATE CENTER: REQUEST TO EXTEND SUBDIVISION APPROVAL
Attorney Robert Sudmyer and Ms. Nanette St. Pierre-Locke attended the meeting in order to request that the Planning Board extend its Subdivision Approval for an additional three years. In return, Mr. Sudmyer stated, the owner agrees to complete the remaining section of the roadway once the sale of Lot 54 is finalized. St. Pierre Associates (“St. Pierre”) continues to vigorously market the sale of the lot. Although they investigated the possibility of obtaining a bond to ensure roadway completion, St. Pierre found the cost of the premiums to be prohibitive. Mr. Sudmyer stated that the applicant wants the roadway completed and has contacted the Fire and Police Chiefs to ensure that there are no safety issues pending completion of the road. Ms. St. Pierre-Locke is committed to completing the
roadway, Mr. Sudmyer stated.
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Ms. Paré raised the issue of the sale of the Emuge lot without the approval of and signature of the Planning Board on the partial Release of Covenant. Mr. Sudmyer stated that “this was an oversight on our part” and he stated that this Release was not required for Emuge to purchase their lot. Ms. Paré questioned what protection the town now has and Mr. Sudmyer stated that the Request to Release is still before the Board.
Ms. Paré moved to extend the Subdivision Approval for only one year and Ms. Wellington seconded the motion. Mr. Baker inquired what proposal Ms. St. Pierre-Locke intends to make to the Planning Board. Ms. St. Pierre-Locke presented a draft letter, dated January 25, 2006, stating that St. Pierre “intends to complete construction of the remaining section of roadway once funding or a buyer for all or any buildable portion of Lot 54, is procured.” Ms. Halpin stated that a year is not a lot of time and asked Ms. St. Pierre what realtor is handling the proposed sale of Lot 54. Ms. St. Pierre recalled the activities of St. Pierre in developing the lots and marketing the site. The realtor, Meredith & Grew, has brought in FedEx, Mass Materials Research and others. Several potential buyers have
been brought to the site, as recently as today, she stated. St. Pierre pays Beals & Thomas to do site work for prospective clients.
Mr. Vignaly stated that three years is agreeable if St. Pierre “commits” to the construction of the roadway. Mr. Baker stated that there should be no contingencies in the letter from Ms. St. Pierre to the Planning Board. She needs to state that St. Pierre will complete the roadway. Ms. Wellington reminded the Board that they had the same commitment three years ago and she wondered whether this letter of commitment would stand up in court. Ms. Paré suggested that, as a condition of approval, the letter be rewritten to state that St. Pierre “commits to complete” the roadway. Mr. Baker added that St. Pierre shall complete the roadway once a buyer is procured, within 24 months. After discussion, it was agreed to add the sentence: “Roadway work will be completed
within thirty-six (36) months of the sale.” Instead of “St. Pierre intends to complete construction…” the letter shall state that “St. Pierre commits to complete construction…” The words “funding, or” shall be deleted so that the letter states “once a buyer for all or any buildable portion of Lot 54 is procured.”
Ms. Paré’s original motion was withdrawn. Upon motion of Mr. Vignaly and second of Mr. Baker it was voted, four ayes, to extend the Subdivision Approval for Worcester Corporate Center Definitive Subdivision Plan for three years until February 1, 2009, upon the written commitment of Ms. Nanette St. Pierre to complete the roadway construction within thirty-six (36) months of the sale of Lot 54. Ms. Wellington abstained from voting. The Extension will be drafted and submitted for signature at the next meeting of the Planning Board. Mr. Vignaly reminded the applicant that stormwater treatment will be required for the development of the new lot. Mr. Amico will communicate this issue to Mr. Bensley at Beals & Thomas.
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INSPECTION REPORTS
Hillside Village: Mr. Amico reported by email that he was satisfied with the steepness of the slopes. This issue was also addressed by Eric Bazzett, PE, who reported that none of the slopes is steeper than 2 horizontal to 1 vertical. Mr. Amico will send a copy of his email to Mr. Paul Bleau, President of the Hillside Village Condo Association. By letter dated January 17, 2006, Mr. Dan Hogan from the Hillside Village Condominium Association, submitted pictures of many areas of erosion and other concern at Hillside Village. A letter and accompanying pictures were also received from Hillside resident Mr. Francis McHugh, expressing his frustration with the closeness of his furnace vent to the ground; steep banking and the condition of the detention ponds. Mr. Amico offered to review the letters and
pictures, however, Mr. Vignaly suggested that he send Mr. Staiti copies of the documents and allow him a month to respond before VHB becomes involved.
Gates Brook Landing: Mr. Amico sent a letter, dated January 18, 2006, to Mr. Evangelista requiring him to submit to the Board evidence that the pavement base course he constructed is consistent with the design plans approved by the Board. The evidence needs to be submitted within six weeks or the Planning Board will take action.
Chino Avenue/Bonnieview Drive: VHB reviewed the as-built plan that was submitted, but an amended subdivision plan needs to be submitted. Many details were left off the as-builts. Mr. Amico noted that the access drive to the detention basin is at more than a 27% slope. Mr. Amico will inform the DPW of the issues with the slope.
Emuge: Emuge has a temporary occupancy permit until Spring. No further site work is anticipated before then.
PAPER STREETS
Ms. Paré received information from the Worcester Planning Department indicating that Mr. Lenkarski had Attorney Jim Bourgoyne do a title search and review the ownership of “Magnolia Drive” before Mr. Lenkarski paved it. Mr. Lenkarski contends that he owns 25’ into Magnolia Avenue and 15’ into Pendleton Court, as an abutting landowner, and has the right to use the entire way for street purposes, subject to the rights of other owners. Mr. Vignaly suggested that copies of the letter from the Worcester Planning Department be given to the Assessor and Town Counsel for review. Ms. Paré reported that the Worcester Fire Department made Lenkarski put up the “Magnolia Ave.” street sign.
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COMMUNITY PRESERVATION ACT (“CPA”): Ms. Halpin reported that, at the last meeting of the Housing Partnership, it was voted to encourage the town to seriously consider adopting the CPA. Ms. Halpin stated that the Board of Selectmen will consider
its adoption at their meeting to be held on February 1st and she encouraged members of the Planning Board to attend in support. Emphasis will be placed on the housing and recreation aspects of the CPA by supporters from the Housing Partnership. Upon motion of Ms. Halpin and second of Ms. Wellington, it was voted, four ayes, to encourage the town to seriously consider the adoption of the CPA, in order to further the goals of the town’s Master Plan. Mr. Vignaly abstained from voting. Ms. Halpin added that the Housing Partnership will be meeting on February 28th at 6:30 p.m. in the Board of Selectmen’s room and members of the Planning Board are encouraged to attend.
VILLAGE ZONING: A lengthy discussion of proposed “Village Zoning” was held. This zoning would benefit areas with residences that are currently zoned business. Future businesses can be confined and their size limited. It was suggested that the Central Street and Pinecroft area would benefit from Village Zoning. Parking is an issue that must be addressed along with how to limit the kinds and size of businesses moving in. Ms. Wellington stated that she sees the goal of Village Zoning to preserve existing homes while giving developers the incentive to preserve older buildings. Other issues concern how to limit the size of a business if the lot is bigger than others and, whether there should be size limits based on percentage of the lot used. Ms. Wellington suggested that the
Board request the CMRPC to draft a Village Zoning proposal and Mr. Vignaly noted that drainage requirements must be included.
MINUTES/BILLS
Payment vouchers were approved to Verizon Wireless and VHB. Upon motion of Mr. Baker and second of Mr. Vignaly, it was unanimously voted to approve as amended the Minutes of the January 11, 2006 Executive Session of the Planning Board and Board of Selectmen. Upon motion of Mr. Vignaly and second of Mr. Baker, it was unanimously voted to approve as amended the Minutes of the January 11, 2006 Meeting of the Planning Board. The meeting adjourned at 10:40 p.m.
Date Accepted:_____________ By:_________________________________
Elise Wellington, Clerk
Submitted By:_________________________
Susan Abramson
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