MINUTES OF THE PLANNING BOARD MEETING
HELD OCTOBER 10, 2007
MEMBERS PRESENT: Chair Patricia Halpin, John Baker, Karen Paré, Lawrence Salate, Vincent Vignaly
MEMBERS ABSENT: None
OTHERS PRESENT: Norman Melendy, Paul Sushchyk, Ron Thunberg
MERRIMOUNT SUBDIVISION: REQUEST TO RELEASE COVENANT
Ms. Paré asked to be recused and left the room. Attorney Paul Sushchyk represented the owner of the land, Flagg Realty LLC. He submitted a copy of a Quitclaim Deed for Lot 2 in the subdivision transferring ownership to Norman and Patricia Melendy. He also presented a “Declaration of Restrictive Covenant” for signature of the Board, to restrict the use of the 30’ buffer of land between the subdivision site and Flagg R.V. in order to screen present and future landowners from the lights and activities of the R.V. Center and Route 12. The Planning Board members expressed their surprise that this Covenant had not already been recorded, as it had been exhaustively reviewed and discussed last year.
Mr. Vignaly stated that language should be included in the Covenant that ensures the replacement of shrubs and trees if the current vegetation dies, in order to always maintain a visual buffer. Mr. Sushchyk argued that “nature” should be allowed to replace dying vegetation and the owners should not be under obligation to replace shrubbery. Mr. Baker referred to the “Plan of Vegetative Buffer” and asked if there are a certain number of trees indicated on the Plan. Mr. Sushchyk agreed to add the following sentence to the Covenant to address the Board’s concerns: “Trees or shrubbery shall be replaced as necessary to maintain the visual barrier.” Because Mr. Sushchyk was pushing to have all the documents recorded the next day, the Planning Board obliged him by signing
the Covenant, with the assurance that he would add the language about replacing the trees and shrubbery, record the Covenant and email a copy of same to the Planning Board.
A Form G, “Performance Secured by Deposit of Money” was also submitted along with a check in the amount of $15,000.00, to be held in escrow until the road is deemed to be satisfactorily completed and accepted by the town. Upon motion of Mr. Baker and second
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of Mr. Vignaly, it was unanimously voted to accept Form G, as prepared and submitted by Flagg Realty LLC in the amount of $15,000.00, to be held in an interest-bearing escrow account until the road is accepted.
Being satisfied that the proper documentation and filings have finally been submitted, the Board agreed to issue and sign Form I, “Release of Lots” so that the Covenant, dated January 8, 2003, on both lots will be released and ownership can be transferred. Upon motion of Mr. Vignaly and second of Mr. Salate, it was unanimously voted to sign the Release from Covenant for Lots 1 and 2 on the Definitive Subdivision Plan, dated June 10, 2002, contingent upon the receipt of evidence that Form G and the “Declaration of Restrictive Covenant” have been recorded.
ANR: 136 LAUREL STREET
Mr. Ron Thunberg presented an ANR Plan to the Board for signature for 136 Laurel Street. He indicated that he bought Parcel 1 and Mr. Joe Evangelista is the owner of the lot on which the house now stands. He stated that the site is in the Aquifer District. This is the second ANR Plan this year submitted for this site. The members of the Planning Board noted that this is a follow-up to a Section 81-L land division previously presented, and is a Plan that is circumventing the bylaws of the town. However, after consultation with Town Counsel, they are required by law to either to sign this Plan or let the “constructive approval” process proceed, in which case, the Plan will be deemed approved after 21 days and members would be required to sign it anyway. Upon motion of Mr. Baker and second
of Ms. Paré, it was voted, four ayes, to sign the Plan. Mr. Vignaly voted no.
REVIEW OF WARRANT FOR TOWN MEETING
Mr. Baker questioned whether Warrant Article 2 is the right use for the land on Tivnan Drive, but he added that, if the town is covered by a bond and the contract documents are properly secured, he could support the transfer station project. Ms. Paré stated that the Board has already stated its support of Articles 2, 3, 4 and 5. Mr. Vignaly stated that “we will have to trust our elected officials” to enter into contracts that are for the good of the town and Ms. Halpin added her support “in concept” but she is concerned that many of the details have not been worked out. Ms. Paré suggested that the Planning Board state that they have relayed their concerns to the Board of Selectmen and would advocate that all the cited “details” be worked out prior to ratification of the
contract. She suggested that the Board of Selectmen hold a public meeting before executing the contract with answers to questions raised by the Planning Board.
Mr. Baker will speak on behalf of the Planning Board in support of and explanation of Articles 13 and 14. He will also prepare a hand-out for Town Meeting and email the Town Clerk a file for a powerpoint presentation. Mr. Chase or his representative should speak in defense of Article 15, but the Planning Board will make the motion to approve. The Town Clerk needs to be informed that Mr. Chase will be speaking and is not a resident of the town. Article 16 should be passed over because this zoning change was not properly
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referred to the Planning Board, nor was a public hearing ever held. The Board of Selectmen will have to formally refer this matter to the Planning Board in the future.
The final version of the Stormwater Bylaw, Article 19, was never reviewed with the Planning Board but changes suggested by the Board by email were included. Ms. Paré stated that the Planning Board should support this Article because this Bylaw is required by state law and it is better than nothing. Neither the Board of Selectmen nor Mr. Gaumond should be included in the scope of Article 20 and the Planning Board will not vote to support it as a Board. Article 26 needs to be supported because trash will still need to be picked up in town.
OLD BUSINESS
On October 24, 2007, the Planning Board will vote to release the bonds on the Chino Avenue and Timberwood Estates Subdivisions. Mr. Vignaly will email both parties and let them know of this intended action by the Planning Board. Mr. Westerling has inspected those streets involved and found them to be in full compliance.
Worcester Corporate Center: By letter dated September 28, 2007 to the Board of Selectmen, Donna M. Truex, on behalf of St. Pierre Associates, formally requested that the Town of West Boylston reinstate Worcester Corporate Center in the CCRC Overlay District at its next Town Meeting. Ms. Paré stated that this matter needs to be referred to the Planning Board by the Board of Selectmen and a public hearing will then need to be held. Ms. Paré volunteered to ask Ms. Lucier if the matter will be referred to the Planning Board.
Sign Bylaw: At the public hearing to be held on October 24th, the Planning Board will announce that the applicant withdrew his request to amend that portion of the sign bylaw concerning standing signs.
Hillside Village Conservation Restriction: Ms. Halpin received an email from Attorney George Bernardin on behalf of the Land Trust, concerning the fact that the CR for Hillside Village has yet to be finalized. Ms. Halpin stated that the Planning Board is now waiting to hear from the state on their review of the document.
CLUSTER ZONING
Ms. Paré explained the concept of Cluster Zoning as a possible future zoning bylaw amendment. It is a form of development that allows houses to be erected with smaller frontages and/or setbacks but with the same overall project density. This can reduce development costs and hopefully provide for more affordable housing. Open space is still required to be included as part of the development, but is allowed to be set aside in the back portion of the site. This type of development is advocated in the town’s Master Plan. A proposed Cluster Zoning bylaw previously failed at
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Town Meeting but the timing now appears to be better in light of development proposals such as the one on Crescent Street. Having a Cluster Zoning bylaw will also gain points for the town on the ComCap review. Mr. Vignaly stated that such a bylaw usually reduces lot size requirements as well as frontage requirements but the numbers are based on a “by right” analysis of the property. Mr. Baker suggested that such a bylaw be drafted since all members agree that it would be advantageous for the town. Mr. Salate agreed to work on such a draft, after conferring with the Building Inspector and reviewing the bylaw in place in Framingham. He did express his concern that, although more open space will be acquired, more houses will be built and more services and schools will be needed. Mr. Vignaly stated that
there are still square footage requirements and Mr. Baker noted that there will be fewer impervious roads; the developer’s costs will be less and there will be fewer roads to plow and maintain by the town. He suggested that lower floor square-foot ratios be included to prevent “McMansions” from being built on too-small lots.
MINUTES/BILLS
No invoices were submitted for payment. The fact that there is very little money left in the Board’s “General Salaries and Wages” account was duly noted. Due to the slow down in development, fewer fees are being paid, yet the Planning Board continues to be busy with zoning changes and other issues related to the Master Plan. Ms. Paré stated that the work of the Board will of necessity be slowed down if limited administrative help is available. Upon motion of Ms. Paré and second of Mr. Salate, it was unanimously voted to accept as amended the Minutes of the September 26, 2007 Planning Board Meeting. Upon motion of Ms. Paré and second of Mr. Salate, it was unanimously voted to accept as written the Minutes of the Public Hearing for Honey Dew Donuts Site Plan Review, held September
26, 2007.
Upon motion of Mr. Salate and second of Mr. Vignaly, at 9:30 p.m., it was unanimously voted to adjourn.
Date Accepted:_____________ By:_________________________
Karen Paré, Clerk
Submitted By:_______________________
Susan Abramson
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