MINUTES OF THE PLANNING BOARD MEETING
SEPTEMBER 26, 2007
MEMBERS PRESENT: Chair Patricia Halpin, John Baker, Karen Paré, Lawrence Salate, Vincent Vignaly
MEMBERS ABSENT: None
OTHERS PRESENT: Wayne Amico, Sue Meola, Mark Brodeur, Paul Sushchyk, John Hadley
MEOLA: REQUEST FOR INPUT ON SUBDIVISION OF LAND
Ms. Sue Meola, realtor for a landowner of an undeveloped site bordering Maple and Shrewsbury Streets, presented different options for development of the site and requested input from the Planning Board. After reviewing the plans and options, the Planning Board gave their observations, noting however, that the required frontage for a single lot could not be divided between Maple and Shrewsbury Streets.
MEETING WITH BUILDING INSPECTOR
Proposed Changes to Sign Bylaw: Building Inspector Mark Brodeur attended the meeting and brought with him photographs of signs erected along Route 12 that are in violation of the Sign Bylaw due to their proximity to the road. Mr. Brodeur noted that most of the signs have been in place for many years and he said that reducing the setback is not a solution. He stated that he is not inclined to regulate a problem out of existence and added that he wishes to withdraw his request to amend that portion of the Sign Bylaw concerning standing signs in Business and Industrial Districts and the Planning Board agreed.
There is a need to address the landlords of the property and pressure them to erect attractive and legally placed signs. Mr. Vignaly stated that it is unlikely that Mass Highway will force the owners of the signs to take them down unless they are working on that portion of the road. Ms. Halpin queried where the town goes from here in order to clean up Route 12. Mr. Hadley stated that it is not possible to force a landlord to spend money on new signs. He has spoken with many landlords with limited success. Mr. Brodeur noted that, after ten years, the sign is “grandfathered”. If any component of
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the sign is changed, then a new permit is required and at that point, a requirement can be made to move the sign. Mr. Brodeur has considered allowing signs to be shared between two properties and he continues to work with the Economic Development Task Force to find a solution.
The request to change Section 5.6 D. 3) of the Zoning Bylaws, which requires the Board of Selectmen to give permission for non-profit signs, will go forward. It is proposed to allow the Building Inspector to make that determination. A public hearing was set for October 24, 2007.
Olde Century Farm: Mr. Brodeur reported that he has received complaints from a homeowner on Olde Century Farm Drive about a curb cut that is not on the homeowner’s property. The curb cut will need to be moved. There are also questions about surface drainage in this development. Mr. Amico stated that perimeter drains are not shown on the plans. He will review the plans and contact Mr. Brodeur. The Board indicated that roof drains and perimeter drains should not be connected to the street drainage system.
ANR Laurel/Hosmer Streets: Mr. Brodeur obtained an opinion from Town Counsel on the proposed further land division of the property on Laurel Street on which the Planning Board previously signed an ANR Plan under Chapter 41, Section 81L. The applicant now intends another division, adding to the house lot a portion of the barn lot, thus creating a smaller Lot A. Town Counsel has advised that the Planning Board can either sign the new proposed ANR Plan or not, but if it is not signed, it can still be
registered in 60 days. Ms. Paré stated that this opinion needs to be filed and consulted in the future when deciding whether to sign ANR plans under Section 81L.
MERRIMOUNT SUBDIVISION: REQUEST TO RELEASE COVENANT
Attorney Paul Sushchyk attended the meeting on behalf of the owner/developer of Merrimount Subdivision, Mr. James Flagg. He stated that the ways have been completed and municipal services are installed. He now requests release of the Covenant for the land that was signed by the Planning Board on January 8, 2003. Mr. Vignaly asked whether a bond is in place for the subdivision, as was requested of Mr. Flagg last year, and noted that the Planning Board requires bond assurance until a roadway has been accepted at Town Meeting. Mr. Amico stated that the road is complete but the top course was put down without inspection by the Planning Board. The Board now needs the bond assurance in case the road is damaged during construction. Mr. Sushchyk stated that one house has already been constructed
and the potential buyer of the other lot is an abutter who intends to keep the property for open space. Mr. Vignaly also inquired whether a Restrictive Covenant was ever finalized and recorded for the 30-foot buffer between the subdivision and Flagg R.V., which document had been discussed with Mr. Flagg, his former attorney and Town Counsel. Mr. Sushchyk was advised to consult the town’s Subdivision Regulations in
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order to learn what needs to be completed for the Planning Board to recommend road acceptance at Town Meeting.
INSPECTION REPORTS
Hillside Village: Mr. Salate and Mr. Amico met at Hillside Village with Heritage Design’s engineer, Cheryl Richardson, Mr. Brodeur and Mr. Staiti. Heritage presented a sketch to modify basin #1 to a level spreader. On basin #2, the silt will be spread on the sides but the basin needs to be flattened. The engineer will submit the results of a soil testing report as well as a letter stating that all issues have been addressed, at which
time, VHB will re-inspect both basins. Ms. Halpin requested that copies of all correspondence be forwarded to Mr. Paul Bleau at the Hillside Homeowners Association. Mr. Vignaly inquired whether basin #1 will be enlarged and Mr. Amico stated that it will not be enlarged but the outlet will be raised.
Angell Brook: Mr. Amico reported that basin cleaning and other work has been performed but that VHB has not been notified to inspect. He will clarify whether further work needs to be performed at this time.
Century Farm: All required documents have not been prepared and submitted in time for consideration of the road acceptance for the October Town Meeting.
Ernie’s Car Wash: Due to a contested $108,000 sewer connection fee levied by the Sewer Commission, there has not been much progress at the site.
D&S Realty: Revised as-built plans have still not been submitted,
Oakdale Rehabilitation: Goodman Associates appear to be doing a thorough job of reporting activities at the site, which are proceeding according to plan.
ANGELL BROOK CCRC: APPLICATION FOR AN AMENDED SITE PLAN
An Application for an Amended Site Plan Review was submitted by Angell Brook CCRC. The application package was complete and the required fee submitted, so a public hearing was scheduled for October 24, 2007 at 7:10 p.m.
PROPOSED FORMATION OF AN AGRICULTURAL COMMISSION
Ms. Paré noted that the creation of an Agricultural Commission by the town will result in more “points” on the ComCap report. There are only a few farms left in Town, so the Commission may not be overly active. Mr. Vignaly has a document that has the wording for a proposed bylaw for the establishment of such a commission and he will bring it to the Open Space Commission meeting. Upon motion of Mr. Baker and second
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of Mr. Salate, it was unanimously voted to support the creation of an Agricultural Commission.
OTHER BUSINESS
At its December 2nd meeting, the Planning Board will report to the Town Wide Planning Committee on the progress it has made to implement measures proposed in the Master Plan.
Ms. Nanette St. Pierre expressed her disappointment that there will be no proposed zoning map change to be voted at Town Meeting to allow a Continuing Care Retirement Community at Worcester Corporate Center. Ms. Paré suggested that, if Ms. St. Pierre
wishes such a zoning change, she should make a request of the Board of Selectmen and have the proposal referred to the Planning Board.
Town Meeting: Mr. Chase will attend Town Meeting and speak to the proposal to rezone the portion of his property on West Boylston Street. Before next meeting, Mr. Baker will prepare a draft of comments to be made by him at Town Meeting in support of the other two proposed zoning changes. Mr. Vignaly will secure a map to be displayed showing the location of the proposal to rezone the area north of Route 190. Mr. Craig Fitzgerald at the DCR will be asked to help prepare a powerpoint of the map.
On September 19th, Mr. Vignaly and Ms. Halpin met with the Board of Selectmen and discussed the issue of the six non-conforming lots in town, created by merged lots, which certain Selectmen would like to be allowed to be divided. Mr. Vignaly stated his opinion that an effort to change the law to allow this would be “spot zoning” which is not allowed by state law. He added that the owners of these lots had five years in which to register their parcels as separate lots before the zoning law went into effect.
Minutes/Bills
An invoice was approved for payment to VHB for engineering review services. Upon motion of Ms. Paré and second of Mr. Salate, it was unanimously voted to approve as written the Minutes of the September 12, 2007 Meeting of the Planning Board and the Minutes of the Public Hearing on the Proposal to Amend the Zoning Map to Change the Single Residence District to Business District on 0.87 Acres of Land on the Northerly Side of Shrine Avenue and 300 Feet Westerly of West Boylston Street. Upon motion of Ms. Paré and second of Mr. Salate, it was unanimously voted to approve as amended the Minutes of the September 12, 2007 Public Hearing on the Proposal to Create a New “Business/Industrial” Zoning District. Upon motion of Mr. Vignaly and second of Ms. Paré, it was unanimously voted to
approve as amended the Minutes of the September 12, 2007 Public Hearing on the Proposal to Amend the Zoning Map North of I-190.
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At 10:15 p.m., upon motion of Ms. Paré and second of Mr. Salate, it was unanimously voted to adjourn.
Date Accepted:___________ By:______________________________
Karen Paré, Clerk
Submitted By:____________________
Susan Abramson
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