MINUTES OF THE PLANNING BOARD MEETING
JUNE 13, 2007
MEMBERS PRESENT: Chairperson Patricia Halpin, John Baker, Karen Paré, Lawrence Salate, Vincent Vignaly
MEMBERS ABSENT: None
OTHERS PRESENT: Wayne Amico, Jennifer Lougee, Holland Shaw, Kevin Hardiman, Kate Kenneway, Paul Bleau, Paul Leonardi, Matt Hilton, John Boyce
DISCUSSIONS WITH CODE ENFORCEMENT OFFICER/BUILDING INSPECTOR
SECTION 81-L EXEMPTION
Building Inspector Mark Brodeur attended the meeting in order to discuss Section 81-L of MGL Chapter 41, as a follow-up to the May 23rd meeting of the Planning Board when members signed an ANR Plan for 136 Laurel Street, creating two lots in the Single Residence Aquifer District, one of which was only 9,000 sf. Mr. Brodeur questioned the applicability of Section 81-L in this instance because case law requires two “substantial” buildings” on a property when it is divided under this Exemption. On this particular site, there existed a barn and a house. After consultation with Town Counsel, Mr. Brodeur reported that the Planning Board acted properly and was required to sign the ANR, but he feels that Section 81-L is a part of the Subdivision Law that needs to be amended by the Legislature and within
the town’s Subdivision Regulations. The law should state that there needs to be “two separate residential buildings” on the same lot. He added that the creation of a 9,000 sf lot in an Aquifer District is an “egregious” interpretation of the law and fears that it will be manipulated so that a septic system will be built via easement on the adjoining lot after Title 5 fails on the smaller lot where the residence now stands. Ms. Paré noted that the Planning Board, when considering whether to sign an ANR Plan, must only concern itself with adequate frontage and adequate right-of-way.
Minutes of the Planning Board Meeting 2.
June 13, 2007
EMILY DRIVE: FIRE DEPARTMENT ACCESS
The Planning Board was informed by the Fire Department that Emily Drive, the access road to the Angell Brook development, was constructed such that it was too narrow and could not accommodate a large fire truck. Mr. Brodeur stated that he went to the site and witnessed a fire truck as it attempted to negotiate the road. Areas where the truck went off the road will be rebuilt, Mr. Staiti assured the Building Inspector. Mr. Amico questioned whether the road was constructed per the approved plan and noted that a loader was not able to stay on track while driving down the road. Mr. Salate questioned whether the base under the newly added portion of the road will be sufficient and Mr. Brodeur assured him that this will not be a problem. The Fire Department was also questioning the viability of the gates. Mr. Amico
will contact Keystone and ask that changes to the road be included on the as-built plan they are preparing to submit for the addition of the berm.
FREEMAN PROPERTY, HARTWELL STREET
The problems with drainage onto the Freemans’ property from Hillside Village were also discussed. Mr. Brodeur agreed to inspect the area and then consult with Mr. Amico on possible solutions.
CHANGES TO VFW BUILDING: 27 PIERCE STREET
Mr. Brodeur stated that he met with the new owner and discussed changes that will need to be made to the building before it is allowed to be opened as a restaurant. He stated that under the Building Code, there is no distinction made between a private and public dining facility. Ms. Paré noted that the town’s Zoning Bylaws do make a distinction. Private clubs are allowed under Section 3.2 D.8 and “Eating Places” are allowed under Section 3.2 F.3. so there is a clear “change of use”, requiring that the applicant apply for Site Plan Review.
NOISE COMPLAINTS: WACHUSETT COUNTRY CLUB
Police Chief Minnich has received noise complaints about early-morning (before 6:00 a.m.) mowing operations at Wachusett Country Club and has asked for input from the Planning Board. Mr. Baker queried why this mowing operation didn’t fall under the classification of “business use”, which prohibits any outside “noise-generating” activity prior to 6:00 a.m. Ms. Paré questioned whether this activity differs from that of snow plowing in the winter. Mr. Brodeur stated that the golf course is an “outdoor recreational use”, not governed by the “Business Use” section of the Zoning Bylaws. He agreed to speak with the owner of the golf course and see what adjustments could be reached for the mowing schedule.
Minutes of the Planning Board Meeting 3.
June 13, 2007
ANR: HERITAGE DESIGN: ARDMORE
Designer Holland Shaw from Heritage Design attended the meeting in order to get input on a proposed plan for the division of the Anthony property on Ardmore Road. The proposal includes improving and paving the road to meet town standards. Ms. Paré stated that the plan he proposes does constitute a subdivision. Mr. Vignaly added that a request can be made for a waiver of the road design standards if the road is going past one house, but requirements will be different if the road is constructed in a loop.
DAVID ROSS ASSOCIATES: REQUEST FOR INPUT ON PROPOSED DEVELOPMENT
Mr. Kevin Hardiman from David Ross Associates attended the meeting in order to get input from the Board for a proposed development on 35 acres on Fairbanks Street. The owner of the property wants the land to be developed in a way that is responsible and considerate of the abutters, while rendering the best economic value for the land. A five-lot subdivision is being considered. Mr. Hardiman questioned whether, in exchange for a Conservation Restriction on some of the acreage, the Planning Board would consider a waiver of the road length. Another proposal would be for a Chapter 40B development with 21 units, which would result in more than eight units per acre.
Mr. Vignaly questioned whether Incentive Zoning has been explored and noted that issues with ledge, steep slopes and the ability of the land to perk all need to be considered. The Board recommended that Mr. Hardiman look at Incentive Zoning for frontage and increased density; speak with the Fire and Police Chief concerning density, road length and space needed to negotiate a fire truck.
REQUEST FOR INPUT: 27 PIERCE STREET
Mr. John Boyce, architect, and Mr. Paul Leonardi, owner, attended the meeting in order to get input concerning the former VFW building on 27 Pierce Street, which Mr. Leonardi intends to make into a restaurant. Mr. Boyce stated that the footprint of the structure will remain the same as will the purpose, i.e. to serve food and drinks. The lower level will be abandoned and the pavement will not be changed. Only the “category” of use will change. Ms. Paré stated that the change of category (Section 3.2 F to D) does constitute a change of use and requires site plan review. Mr. Vignaly suggested that the applicant come in with a preliminary plan and request waivers of certain site plan review requirements. Traffic will be coming in and out of Route 12, Mr. Baker stated, so he will be looking
for a traffic study. Other sites developed along Route 12 have had to comply with these requirements, so Mr. Baker strongly believes that this site should be treated the same. Mr. Vignaly agreed that this is not an easy site and certain standards need to be met, but waiver requests can be looked at.
Minutes of the Planning Board Meeting 4.
June 13, 2007
INSPECTION REPORTS
Hillside Village: Basin #2 does not appear to be infiltrating, Mr.Amico stated. It is breaching and there should not be so much standing water. A pump is needed to drop the water level so sediment can be cleaned out. Mr. Amico informed Mr. Staiti that he needs to pump and excavate the sediment. The basin was cleaned before the site was completed, so now there is more siltation. Mr. Paul Bleau, representing Hillside Village Condo Association, emphasized that Mr. Staiti needs to meet the obligation of correctly building the basin. Mr. Bleau added that the Association has also received complaints about the grading around the bulkheads of certain units, allowing water to overflow the concrete into residents’ cellars. Additional problems with inaccurate as-built plans and drainage into storm
drains were also cited by Mr. Bleau.
The Association never received a valid copy of the Conservation Restriction until May 11, 2007, Mr. Bleau stated, so it has not yet been signed. On previous copies, the Hillside Village Condo Association was not shown as “Guarantor”. Ms. Paré explained that the Conservation Restriction asks that the West Boylston Land Trust monitor the land on behalf of the town. Someone needs to make sure that there is no building taking place or trees being cut on the site, and the Land Trust is the entity to do this, Mr. Vignaly explained. People from the condo association need to sit down with representatives from the Land Trust and discuss procedure, he added.
In summary, Mr. Baker stated that the Planning Board needs to take control over those issues that are under their jurisdiction and validate that all items listed on the punch list that was assembled last year with the help of Mr. Amico and Mr. Vignaly were addressed. There are only two remaining issues that concern the Planning Board, he continued: the Conservation Restriction and the drainage onto the Freemans’ property. Ms. Halpin stated that the issue of the bulkheads needs to be addressed with the Building Inspector. The as-built plan was accepted by the Planning Board, Mr. Amico stated, although the scale was not good and certain information on the location of utilities wasn’t detailed because the Municipal Lighting Plant never supplied it to Keystone. Mr. Amico added that he and Mr. Vignaly
walked the site and agreed that it was stable and the grading properly flowed away from the units.
Angell Brook: Mr. Gaumond is working with the Housing Authority (Mr. Duguay) to establish a lottery for the three affordable units at Angell Brook.
Ernie’s Car Wash: The location of the hay bales has been corrected and the building demolished. There is a question whether an amended site plan is needed for the changes concerning the relocation of the manhole and the location of propane tanks. Mr. Amico will contact the applicant to ascertain the scope of the changes.
D&S Realty: As-built plans were received today and will be reviewed by VHB.
Minutes of the Planning Board Meeting 5.
June 13, 2007
Oakdale Nursing and Honey Dew Donuts: VHB is reviewing both projects and hopes to have a review letter go out next week. Documentation for the Honey Dew application was incomplete.
ROUNDTABLE MEETING – PROPOSED WIND TURBINE PROJECT
Ms. Paré reported on the results of a roundtable meeting on the plan of the Municipal Lighting Department to construct wind turbines on their property off Shrewsbury Street. The test wind turbine will be 160’ feet tall and require a Special Permit from the ZBA. The location adjoins the site of the proposed waste recyling facility on Paul X. Tivnan Drive. Eventually, the town needs to consider having a wind turbine bylaw, Ms. Paré stated. Hull and Paxton have already enacted a bylaw. The matter of a bylaw will be further discussed at the next meeting of the Planning Board.
NEXTEL COMMUNICATIONS OF THE MID-ATLANTIC: APPLICATION FOR SPECIAL PERMIT AND SITE PLAN REVIEW: TOWER ON DAVIDSON
An Application for Special Permit and Site Plan Review was received from Nextel Communications of the Mid-Atlantic for co-location on the wireless communication tower on Davidson/Lawrence Streets. Ms. Paré noted that this applicant needs to communicate with the Water Department concerning the condition of the access road. Mr. Salate volunteered to visit the site and get a measurement of the length of the pavement onto Lawrence Street that needs to be repaired. A public hearing was scheduled for July 11, 2007 at 7:30 p.m. An application fee in the amount of $900 was received as well as a review fee in the amount of $4,500.
OTHER BUSINESS
Mr. Salate will represent the Planning Board on the Community Preservation Plan Committee. Mr. Salate queried why there is no representation of a Planning Board member of the Economic Development Committee.
MINUTES/BILLS: An invoice for payment to VHB was submitted for approval. Upon motion of Ms. Paré and second of Mr. Salate, it was unanimously voted to approve as amended the Minutes of the May 23, 2007 Meeting of the Planning Board. At 10:50 p.m., upon motion of Mr. Salate and second of Ms. Paré, it was unanimously voted to adjourn.
Date Accepted:_____________ By:__________________________
Karen Paré, Clerk
Submitted By:______________________
Susan Abramson
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