MINUTES OF THE PLANNING BOARD MEETING
AUGUST 22, 2007
MEMBERS PRESENT: Patricia Halpin, John Baker, Karen Paré, Lawrence Salate, Vincent Vignaly
MEMBERS ABSENT: None
OTHERS PRESENT: Justin Richardson, Christopher Pallotta, Arthur Chase, Micah Chase, John Hadley, Andrew Feland, Craig Fitzgerald, Paul Leonardi, Christopher Rucho
DISCUSSION OF CHECKERBOARD PROPERTY
Messrs. Arthur and Micah Chase, owner/managers of Checkerboard on West Boylston Street, attended the meeting in order to discuss rezoning a small, triangular piece of their property along Shrine Avenue where the Checkerboard building is situated. Mr. Arthur Chase stated that he would be going to Town Meeting by Petition and asking that this portion of property, currently zoned Single Residence, be rezoned to Business District, which is what the remainder of this lot is zoned. He stated that, although he currently has no plans to expand his business, he would like to be able to use that portion if he chooses to do so in the future.
Ms. Paré explained that procedurally he would need to first go to the Board of Selectmen with his request because this is a zoning change issue. After review, the Selectmen will vote (or not) to send the request back to the Planning Board for a public hearing. Mr. Baker stated that he fully endorses the request and clarified that there will be no change to the property line. Mr. Chase agreed to supply the Planning Board with a detailed description of the portion of his land in question and present it first to the Board of Selectmen. Due to time constraints, the Planning Board scheduled a public hearing on this matter for September 12, 2007 at 7:00 p.m. If the requested change is approved at this public hearing, it will be able to be voted at the October Town Meeting.
ERNIE’S CAR WASH – CHANGES TO APPROVED PLAN
By letter dated August 9, 2007, Justin Richardson, EIT from Thompson-Liston Associates reported that changes were made to the approved plan for Ernie’s Car Wash. They include the addition of three 1,000-gallon propane tanks with an accompanying minor grading
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change (because no gas main is located nearby); the addition of one 30,000 gallon water cistern to store water as needed for the car wash; a slight change to the footprint of the building as a result of the architect’s final design; a revised oil/water separator and a sand/water separator and, a relocation of a manhole approximately 10 feet north to avoid a fire hydrant. Mr. Richardson attended the meeting and stated that the revised plan received an Amended Variance Decision from the DCR and was deemed not to require an Amended Order of Conditions from the Conservation Commission. Since the nature of the changes is “de minimis”, the applicant requests that the changes be allowed without having to file an Amended Site Plan.
Ms. Paré inquired about a change to the water filtration system and Mr. Pallotta explained that it will be used for recycling and will be located inside the building. Water will not be draining into the sewer. Mr. Baker questioned whether the changes have been reviewed by the Sewer Commission and asked Mr. Richardson to explain the changes as they appear on the plan. Mr. Vignaly noted that they will have to get a separate sewer permit and be reviewed by the DPW. Ms. Paré confirmed that the changes will not affect the flow of traffic and reminded the applicant to show all these changes on the as-built plan. Ms. Halpin noted that Mr. Amico views these as minor changes, as did the DCR and the Conservation Commission.
Upon motion of Ms. Paré and second of Mr. Vignaly, it was unanimously voted to approve the changes to the approved plan of September 17, 2004, as detailed above and dated June 1, 2007, without the necessity of the applicant filing a formal application for an Amended Site Plan Review.
NEW ZONING MAP: CRAIG FITZGERALD, DCR
Mr. Fitzgerald agreed to attend the meeting in order to discuss progress that he has made on requested changes to the Town’s Zoning Map. The discussion centered upon the nature of the changes and the procedure that will be needed. Mr. Fitzgerald suggested that the Planning Board hand draw revisions to the base map and he will put these in digital format, which the Board will then review before presenting to Town Meeting. Ms. Paré stated that there are too many parcels requiring changes, if the Board wishes to make the changes in accordance with the Assessor’s parcels. After doing a query, Mr. Fitzgerald determined that there are 455 parcels involved. Ms. Paré pointed out that the Board would need to get 455 homeowners to agree to the changes. Mr. Vignaly stated that problems would be
created with large lots that are zoned Business and extend into the Single Residence zone. Mr. Fitzgerald noted that each lot will need to be changed separately or the entire map left as is. Mr. Andrew Feland, who was attending the meeting on behalf of the Economic Development Task Force, queried how often there is a problem with mixed zoning, but emphasized that changes need to be made to prevent projects such as the current Crescent Street development plan from being allowed. Ms. Paré stated that she doesn’t see how the Town will benefit from all the work involved in the changes, especially if 2/3 vote is needed to pass the changes at Town Meeting.
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Ms. Halpin stated that the Planning Board should report to the Town Wide Planning Commission that the Board looked at their proposal to make these changes (in the Master Plan) and deemed the idea an overwhelming task for the amount of benefit that would be derived.
PROPOSED ZONING CHANGES:
New Business District North of I-190
Mr. Vignaly noted that the Board is looking at a proposal to rezone land north of I-190, which will require a map change. He stated that an abutter is opposed to the change, but the DCR owns land at the site, which will provide a 150’ buffer between this landowner and any lots that will be developed. Ms. Paré suggested that all parcels in the area be included in the rezoning plan, and those owned by homeowners who object to the proposal may be removed at the public hearing. Mr. Fitzgerald can then render the changes to the Zoning Map. Mr. Hadley stated, on behalf of the Economic Development Task Force (“EDTF”), that they will support, and speak in favor of the proposal at Town Meeting. Mr. Hadley agreed to contact the Water and Sewer Departments to ascertain what services could be
available in that area. The date for the public hearing was set for September 12, 2007 at 7:15 p.m. (It was previously set for September 26th, but that is too late to get the Article placed in the Warrant for the October Town Meeting).
Changes to the Sign Bylaw
Mr. Brodeur, the Building Inspector, proposed modifications to the Zoning Bylaws in order to streamline the sign permit application process. The Board of Selectmen, on August 16, 2007, voted to forward the proposed changes to the Planning Board so that the required public hearing could be scheduled. Ms. Paré stated that there are two requested changes, the second of which she now supports. The first modification would allow a standing sign to be placed on the property line, without a setback. The second requested change grants the Building Inspector the responsibility for issuing permits for signs to public, civic and non-profit organizations (instead of the Board of Selectmen issuing the permits).
Ms. Halpin queried why the issue of the location of the standing sign wasn’t first discussed with the EDTF. Mr. Baker suggested that the Board ask the Building Inspector to supply pictures of those locations where the placement of these signs will be a positive change. Otherwise, he stated that he did not support the proposal. Mr. Hadley suggested that the landlord of the property where the business is located should be the one responsible for erecting a sign for all tenants. Ms. Halpin noted that the bylaw as now stated is all right if the landlords would comply. These proposed changes were sent to the Planning Board on August 16th, not allowing enough time for the Board to review the proposals and schedule a public hearing in time for approval before the October Town Meeting. It was
decided to schedule a public hearing for October 10, 2007 and ask Mr. Brodeur to discuss his proposal with the Planning Board on September 26th, with accompanying pictures.
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August 22, 2007
Meeting with Board of Selectmen re Changes to Schedule of Dimensional Requirements of the Zoning Bylaws
The meeting on August 15, 2007 at which the Board of Selectmen requested the presence of the Planning Board to discuss changes to Section 4.2, the Schedule of Dimensional Requirements, has been rescheduled to September 19th. Mr. Rucho stated that the Board of Selectmen plan to begin to inform/educate townspeople about the Tivnan Drive project at the beginning of October. Mr. Mulvey will attend the September 12th meeting of the Planning Board to discuss the project.
SHREWSBURY HOMES (CHINO DRIVE): REQUEST TO RELEASE BOND
Mr. Ron Aspero, developer of Chino Avenue, has requested by letter dated August 15, 2007, that the Planning Board release the balance of the bond money held on the project. Ms. Paré checked the wording of the Subdivision Regulations concerning the bond release and stated that the bond could be released one year from the date the road was accepted at Town Meeting (i.e. the date of the October 2006 Town Meeting). The DPW needs to be asked whether they agree and Mr. Aspero needs to be informed of the timing of the release.
PROPOSAL FOR VFW SITE: OPINION LETTER FROM TOWN COUNSEL
By opinion of Attorney Katharine Doyle from Kopelman and Paige, P.C. on July 30th, the transition of use of the former VFW site does constitute a “change of use” and therefore will require Site Plan Review. Ms. Halpin stated that she had discussed the issue with the Building Inspector and Mr. Amico, who proposed to meet at the site and evaluate the extent of the changes planned for the site to determine whether a thorough Site Plan Review is needed. Ms. Paré stated that Town Counsel has been consulted by the Building Inspector and has rendered a decision on the matter. It is now up to him to determine whether Site Plan Review is required. She stated that the reason is that the “nature of the business is different”. Mr. Paul Leonardi, owner of the property, asked why it is
different because food and alcohol were served previously. Ms. Paré stated that the difference is between a private club and a restaurant; and that the VFW was institutional. Mr. Leonardi then noted that he would be allowed to open a private club because nothing physical has changed. Mr. Baker stated that it is the responsibility of the Planning Board to look at projects from the standpoint of neighbors. When a restaurant opens, the neighbors need to be given a chance to express their opinions and concerns at public hearing and the Board must perform due diligence by obtaining their input. Ms. Halpin stated that the Planning Board will defer to the Building Inspector for a final decision.
CLUSTER ZONING
The Planning Board still has not received a copy of the Cluster Zoning bylaw from Framingham. Ms. Halpin expressed the need to move forward with this discussion
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because cluster zoning would have been another option for the Crescent Street property
and it is proposed in the Master Plan. Mr. Vignaly noted that cluster zoning was “shot down” at a previous Town Meeting. Mr. Salate volunteered to go to the Framingham Town Office and obtain a copy of the Cluster Zoning Bylaw and Regulations that apply to it. He will also try to secure a copy of their sign bylaw and schedule of fees, if possible.
WIND TURBINE
Ms. Paré stated that there are many proposed zoning changes currently under consideration by the Board and suggested that they need to be prioritized. They are as follows:
Open Space (Cluster) Zoning
Wind Turbine Bylaw
Sign Bylaw (probably for May 2008 Town Meeting)
Stormwater Bylaw (Mr. Vignaly will meet with DPW Superintendent John Westerling)
Village Zoning (a large undertaking which does not need to be immediate)
Multiple Buildings allowed on a residential lot (not popular)
Limited Site Plan Review (needs to be finalized soon)
Incentive Zoning Regulations (Ms. Paré previously sent out samples from the Town of Westfield….how to get affordable housing units under LIP)
Concerning the proposed Wind Turbine bylaw, Ms. Paré stated that there are many confusing articles bringing up such issues as commercial vs residential use. Mr. Vignaly suggested that it could be formulated like the cell tower bylaw, which would limit residential use. Mr. Salate stated that there is much information on this topic from England and Germany where they have been in use longer. Ms. Paré noted that the Municipal Lighting Plant applied for a Special Permit from the ZBA to construct wind turbines. This bylaw should be prepared and ready to be voted at the Spring, 2008 Town Meeting.
REPORTS FROM OTHER BOARDS
A letter was sent to the ZBA concerning the August 23rd public hearing for Keepers, 175 West Boylston Street. The Board supported the request for a Special Permit under Section 1.4.B, change of use to a restaurant, although it did emphasize that Site Plan Review is still required. The Board did not support the request for a Special Permit for the change in parking because a different tenant with a “more intense use may become the property owner in the future”.
NEW BUSINESS
The Angell Brook Application for an Amended Site Plan Review is ready and will be submitted. The review fee was reduced to $2,000.
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August 22, 2007
The Banner will be contacted about publishing informative articles on the proposed zoning change for the area north of I-190. Letters will also be sent to abutting property owners, informing them of the public hearing and the proposal. Mr. Baker suggested that a presentation should be written for the public hearing and for Town Meeting. Ms. Halpin suggested that the editor from the The Banner be asked to attend the public hearing. Mr. Vignaly stated that the sooner word gets out about the issue, the better it will be. Ms. Paré stated that she would like to see a large announcement printed in The Banner.
MINUTES/BILLS
Payment was approved for an invoice from VHB for engineering review fees. On motion of Mr. Vignaly and second of Ms. Paré, it was unanimously voted to approve as amended the Minutes of the Planning Board Meeting held August 8, 2007. Upon motion of Mr. Vignaly and second of Mr. Baker, it was unanimously voted to approve as written the Minutes of the Continued Public Hearing for Oakdale Rehabilitation and Skilled Nursing Center held August 8, 2007. At 9:35 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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