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MINUTES OF THE PLANNING BOARD PUBLIC HEARING
HELD SEPTEMBER 12, 2007
PROPOSAL TO AMEND THE ZONING MAP NORTH OF I-190
MEMBERS PRESENT: Chairperson Patricia Halpin, John Baker, Karen Paré, Lawrence Salate, Vincent Vignaly
MEMBERS ABSENT: None
OTHERS PRESENT: Michael Muir, John Hadley, Dave Eckhardt, Maryann Schelin, Bobby Matthews, Barbara Wyatt, Michael Kane, Chris Rucho, Patrick Healy, Brenda Bowman, Kathryn Callahan, Leon Gaumond, Barry Esteves, Mindy Esteves, Lincoln Barton, David Mercurio, Paula Mercurio, Danielle Erickson, Edwin Erickson, Gary M. Erickson, Matthew Mulvey, Allen Phillips, George O’Toole, Raymond Quinn
Ms. Halpin opened the public hearing at 7:50 p.m. and Ms. Paré read the legal notice of public hearing that was published in the Telegram & Gazette on August 29th and September 5, 2007. Ms. Paré noted that the proposed amendment to the zoning map, following vote and discussion at the prior public hearing, is to now call the new district “Commercial/Limited Industrial”. Ms. Halpin again reiterated that the purpose for this proposed change to the zoning map is to attempt to create an area in town where economic development can occur under controlled conditions, thus generating more revenue for the town. Mr. Baker summarized the proposal, which is to change a triangular-shaped parcel of approximately 352 acres, bounded on the south by Raymond Huntington Highway, the west by the Holden town
line and the north by the Sterling town line, from a Single Residence District to the newly proposed “Commercial/Limited Industrial” District. This is seen as a way to gain revenue without adversely affecting a large portion of the town. The bulk of the traffic that will be generated will gain access from I-190. Other towns along that corridor are growing their tax base by allowing development near the highway. Mr. Baker added that the Planning Board notified property owners in the affected area of this public hearing and the proposal that will be discussed tonight and at Town Meeting in October. Ms. Halpin added, that of the 352 acres, only about 90 are not owned by the DCR or have residences thereon.
Mr. Barry Esteves, 1 Raymond Huntington Highway, questioned whether residences will be forced to tie into water service. (They are currently on wells). This question needs to be pursued with the Water Department. He stated that local traffic from West Boylston, Holden and Sterling currently frequents the road, often speeding, and queried whether there will be
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Sept. 12, 2007 – Amend Zoning Map North of I-190
an increased safety hazard from traffic if the area is further developed. He also noted that there is the potential for a loss in property value for his land, as well as for that of the other two homes on the street. Ms. Paré stated that the Board questioned whether to rezone his property and that of the other owners but felt that the rezoning might give the homeowners an opportunity to sell their land at a profit. Mr. Esteves questioned whether he would be economically harmed or benefit if he decides to sell to a developer.
Mr. Vignaly stated that he would be inclined to support the owners of the subject property if they all agree to the zoning change and Mr. Baker questioned whether he will support the measure when it comes to a vote. Mr. Gaumond stated that, if the Planning Board does not support this proposed map change by so voting this evening, then he has no ability to put the proposal on the Warrant. Mr. John Hadley, Chair of the Economic Development Task Force, stated that the committee was created to promote proposals such as this and this area of town is where there will be the least impact on the majority of the people in town. The DCR owns a large portion of this area, Ms. Paré noted, and some of it lies between the residences of the current homeowners and the proposed area to be developed.
Mr. Edwin Erickson, 11 Raymond Huntington Highway, questioned whether the DCR is aware of this proposal to rezone. Ms. Paré explained that the DCR does not become involved in local zoning but any lot developed in this area would have to go before the DCR for approval because the lot would abut DCR land. Ms. Halpin noted that Mr. Craig Fitzgerald from the DCR attended the last Planning Board meeting and approved of the proposal. Mr. Erickson then questioned whether this change would also change his tax bracket and Mr. Vignaly explained that there is no “split” tax rate in town: both business and residential tax rates are the same.
Mr. David Mercurio, the largest landowner in the area, stated that his family is aware that the town is looking for revenue and the creation of more areas for business needs to start somewhere. This is in the far corner of the town and traffic can be more easily controlled. He does have concerns, however, and noted that this land has belonged to his family since 1944. He has two children and a sister-in-law who now resides on the street. He wondered whether his children will still be able to build homes on this property. Ms. Halpin replied that single residences will still be an allowed use but queried whether his children would wish to build in an area where there is the potential for this type of development. Mr. Mercurio stated that he is against big retail development in the area, such as WalMart or
Target, and would never sell his land to such organizations. Traffic is a concern for him and he would look to the Planning Board to restrict traffic flow. Mr. Vignaly pointed out that the Planning Board can restrict truck traffic (such as Waste Management trucks), however, the Board cannot restrict public vehicles.
Mr. Esteves stated that when he first heard of the proposal, he was “dead set” against it. He built his home in that area because he wanted to be in the woods. He does have some buffer, however, but he still has concern about spring floods if more trees are removed. There is always flooding now in the spring and he doesn’t want it worsened. Ms. Paré
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noted that state law prohibits any development from worsening the flow of water onto adjacent property and Mr. Esteves replied that this is controlled only with “above ground” drainage and not water that seeps through detention basins and flows underground. Mr. Hadley noted that there are no proposals yet for this land and it would be at least two years before any construction could start. Mr. Mercurio added that he has no plans in the near future to do anything with his land. He questioned whether a biotech or business park wouldn’t be better at the site than 60 – 70 homes sites if he were to sell to a residential developer. That would cost the town much more to support than a commercial development. He has had lots of calls over the years, asking if he would be willing to
sell.
Mr. Vignaly stated that, if any homeowner is against the proposal, he would not vote for it. Mr. Mercurio stated that he is personally in favor of the proposal but wants to see some controls on how it is developed. Mr. Lincoln Barton, 650 Manning Street, Holden, stated that he owns a “couple of acres” within the parcel. He agrees there are traffic and water issues and questioned the environmental impact. He does not want to hear trucks, nor does he want to see smoke stacks and smell textiles. Mr. Vignaly stated that all proposals will go through a Site Plan Review and Special Permit process during which the Planning Board will hold a public hearing. Neighbors can raise these issues at that time. Restrictions can be placed on the development. Mr. Barton stated that any development
will increase the flow of commuters on what used to be a dirt road. Ms. Danielle Erickson, 11 Raymond Huntington Highway, questioned why action is being taken at this time if nothing is being proposed. Mr. Hadley replied that the Economic Development Task Force (“EDTF”) has been looking for an area to develop in order to increase revenue without cost to the town. Mr. Vignaly noted that the Open Space Committee is also in favor of the proposal. Mr. Dave Eckhardt, 109 Hillside Village Drive, stated that the Planning Board suggested the proposal; the EDTF agreed and now the property owners have options, but the Planning Board controls the fate of this proposal tonight. Selectman Chris Rucho stated that the Town Wide Planning Committee has been talking about this proposal for years. He noted that more than 250 acres will still be left undisturbed.
Ms. Barbara Wyatt, 132 Sterling Street, stated that she would be “more comfortable” if the DCR-owned land were not rezoned because the DCR might be tempted to sell the land if they thought they could realize a hefty profit. Mr. Vignaly stated that if the DCR sells, the town would still profit more if the land is zoned Commercial/Limited Industrial. Mr. Gary Erickson, 139 Hosmer Street, stated that his family had 11 acres they wanted to develop, but the state took it and used it for I-190. There was a lot of ledge, which necessitated much blasting. There is the suspicion that nitrates from the blasting sickened cows nearby. Mr. Barton stated that he has over 50 horses on his land and will do whatever he needs to do to make sure that they stay healthy. He is against this proposal. Mr.
Esteves questioned whether there is any case law, and what it is, concerning blasting. Mr. Vignaly stated that the issue now is zoning. Other issues will be examined during the Site Plan Review process. Mr. Hadley stated that blasting will be necessary even if the land is sold for residential development. Mr. Mercurio stated that the DCR wanted to take the land by eminent domain in 1992. At that time, he checked on the feasibility of the property being developed and did 42 perk tests, showing good flow.
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Ms. Paula Mercurio, also a resident of Raymond Huntington Highway, stated that she, too, was initially against the proposal, especially due to traffic concerns. Oakdale was always an appealing place to live. Now, she is undecided whether to support the proposal but she still has many concerns.
Upon motion of Mr. Salate and second of Mr. Baker, at 8:50 p.m., it was unanimously voted to close the public hearing.
Date Accepted:______________ By:____________________________
Karen Paré, Clerk
Submitted By:_______________________
Susan Abramson
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