MINUTES OF THE PLANNING BOARD MEETING
HELD NOVEMBER 14, 2007
MEMBERS PRESENT: Chair Patricia Halpin, John Baker, Karen Paré, Lawrence Salate, Vincent Vignaly
MEMBERS ABSENT: None
OTHERS PRESENT: Mark Brodeur, Kevin McCormick
DISCUSSION WITH BUILDING INSPECTOR: CHANGES TO SIGN BYLAW/
ZONING ISSUES
Mr. Brodeur attended the meeting in order to discuss and clarify his proposed changes to the Zoning Bylaws concerning signs. The members of the Planning Board first questioned the proposed amendment to Section 5.2.A. f) provisions for off-street parking and asked why 8,000 pounds was the maximum GVW (gross vehicle weight) to be allowed to park overnight in a residential district. Mr. Brodeur explained that he did not wish to prohibit the parking of pick-up or smaller trucks used by contractors and parked at their homes. Because some contractor trucks exceed 8,000 pounds, it was agreed that 9,000 pounds GVW be the cut-off weight for overnight residential parking.
Changes to Section 5.6 D. 3) will allow the Building Inspector to issue a sign permit to public, civic and non-profit organizations for temporary signs, instead of the Board of Selectmen. Ms. Paré inquired what guidelines the Building Inspector will use in the permitting of such signs, and he stated that the guidelines will be the same as for other temporary signs, with a 30-day limit. In the matter of signs for the Bicentennial, questions can always be brought to the ZBA and Planning Board. Mr. Vignaly inquired whether these signs will be allowed in Residential Districts and Mr. Brodeur stated that they would be if they follow the setbacks restrictions and are non-objectionable. Ms. Paré suggested that Mr. Brodeur might want to write up “guidelines” to give out to applicants. All current bylaw regulations still apply with this proposed change. It simply takes the Board of Selectmen out of the permitting process, Mr. Brodeur stated. Mr. Baker suggested that language be added
stating “these signs shall meet all other guidelines/provisions of this bylaw”.
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Proposed amendments to Section 3.5 B.1) prohibit display, storage or other exterior indication of the home occupation, including commercial vehicles. People don’t like commercial signs/vehicles in their residential neighborhoods, Mr. Brodeur stated. This amendment seeks to cut down on exterior displays of home occupations. Ms, Halpin inquired whether there are any fines associated with violations of this bylaw and Mr. Brodeur stated that there are provisions for fines. She added that it is necessary to be consistent in the enforcement. After discussion, it was agreed to add “except as noted in B.2 and Section 5.2. A. f) above.
Ms. Paré inquired whether all renewals are for five years and requested that the language be made clearer concerning the length of time a permit is valid. In response to a query from Mr. Salate, Mr. Brodeur stated that billboards are legislated by the state. Mr. Brodeur will make some further changes to his proposal and then email them to the Planning Board and also the Economic Development Task Force.
The matter of the landscaping business on the corner of Route 12 and Chapman Avenue was also discussed. This business enterprise was erected without site plan review because the owner told the former Building Inspector that he was going to use the building he erected for storage and rent the house fronting on Route 12. The owner now proposes to clear and clean-up the part of the parcel facing West Boylston Street and landscape it with low growth shrubs, to be used as a display area. This is a new use, Ms. Paré stated, a sales area. Mr. Baker agreed that this is a change of use and questioned whether there are any issues with the DCR. Mr. Vignaly stated that the owner may need to go back to the DCR for an additional permit because only so much impervious was allowed during the previous
construction. Mr. Brodeur added that the owner wishes to clean up the site and display sheds and swing sets and later take down the house. The Building Inspector will write a letter to the owner and inform him that the Building Inspector and Planning Board require an as-built plan for the existing property, clearly defining the green area and parking spots. The definitive plan can be compared to the proposed changes. Mr. Vignaly added that an as-built was supposed to have been supplied to the DCR.
The Shell Gas Station will be adding one spot for vacuuming cars. Ms. Paré commented that they never submitted an as-built plan after construction of the car wash was completed. There are problems with the queueing for the car wash and the lack of a handicapped parking spot.
ONE SEVENTY-FIVE LLC SUBMITTAL OF APPLICATION FOR SITE PLAN REVIEW
Mr. Kevin McCormick attended the meeting to submit his application for site plan review and discuss his proposal for a restaurant and office building at 175 West Boylston Street, site of the former Sona Motor Inn. He stated that the restaurant (with seating for 99 people) will be at the site of the former house at the front of the property and the offices will be in the former motel rooms. Mr. McCormick described the offices as six
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units per floor of approximate dimensions of 15’x20’. Permits have already been received from the ZBA to operate the restaurant and use the parking lot as it now exists. The entry to the parking lot will be changed. The DCR has agreed that this project is not within the 400’ jurisdictional zone.
Ms. Halpin noted that drainage and traffic studies will still need to be undertaken. Ms. Paré suggested that Mr. McCormick request waivers for those requirements of Section 3.6 of the Zoning Bylaws that he believes are not necessary. Mr. Vignaly, after looking at the proposed plans, did state that lighting has to be in a downward direction, in order not to reflect onto neighbors’ property or into traffic on West Boylston Street. Mr. Baker noted that elevations on the plans are not present. In order to avoid incurring mor engineering fees, Mr. McCormick agreed to resubmit the plans at the next meeting of the Planning Board, with those corrections made. The public hearing was tentatively set for January 9, 2008.
ANGELL BROOK: CERTIFICATE OF AMENDED SITE PLAN APPROVAL
The draft of the Certificate of Amended Site Plan Approval for Angell Brook was not yet ready to be signed. Upon motion of Mr. Vignaly and second of Mr. Baker, it was unanimously voted to approve the amended site plan with conditions as stipulated and authorize Ms. Halpin to sign on behalf of the Planning Board.
REPORT TO TOWN-WIDE PLANNING COMMITTEE
On behalf of the Planning Board, Ms. Paré will update the Town-wide Planning Committee on December 4, 2007, on activities of the Board during the year to implement the Master Plan. A Bylaw was passed in October, 2006 facilitating multi-family dwellings. In Hillside Village, land has been set aside for open space. Cluster zoning is an ongoing discussion on which much groundwork has been undertaken. The issue of sidewalks has been discussed as well, although no requirements for them have been conditions of project approval. Subdivisions Regulations were revised as of March 15, 2007 and street width standards were reduced and connectivity improved. A member of the Planning Board is a delegate to CMRPC, which organization helped the Board when it was forming its new Zoning Bylaw for the
Commericla/Light Industrial District.
Under the topic of “Land Use” the Planning Board seriously explored the idea of adopting a new zoning map with assessor’s parcels. After much investigation and research, it was decided not to go ahead with a new zoning map at this time. If a landowner (such as Checkerboard) wishes to have his/her parcel rezoned, the Planning Board will consider the request on an individual basis.
Village Zoning is also under consideration as is Cluster Zoning. The feasibility of mixed use projects is supported by the Board. A thorough review of the Zoning Bylaws is a
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project which must await a Town Planner as the Board does not have the financial or administrative support to sustain such a project.
INCLUSIONARY ZONING: MEETING WITH SELECTMEN JANAURY 2ND
The Board of Selectmen wish to discuss “Inclusionary Zoning” with the Planning Board on January 2, 2008. The Planning Board has already supported and seen pass an “Incentive Zoning” Bylaw, which the Board believes to be more supportive of developers. Strict Inclusionary Zoning Bylaws have been shown to stifle regular development in towns such as Shrewsbury, so developers have turned to predatory Chapter 40B projects in order to continue in business. Ms. Paré noted that there is very little land left in this town for large subdivisions. Mr. Vignaly queried whether this concept competes with Cluster Zoning. It is possible that CMRPC would be willing to go to ComCap and fight for Inclusionary Zoning, Ms. Paré stated, however, it will likely attract more Chapter
40B developments.
AMENDMENTS TO ZONING BYLAWS
Ms. Paré drafted and presented language for the proposed Zoning Bylaw amendment for the Continuing Care Retirement Community Overlay District to be extended to include the area south of Hartwell Street. The Board added “Section E.” which will require that a certain portion of affordable units be a condition of site plan approval for new CCRC projects.
The language for the change in the ZBA membership portion of the Zoning Bylaws will be made to “clarify and be in compliance” with the town’s General Bylaws, Article II, Section 1.
OTHER BUSINESS
Lawrence Street Cell Tower: Mr. Baker and Mr. Vignaly still await a plan from the Water Department for improvements to the access road to the cell tower on Lawrence Street. Mr. Amico met with Mr. Coveney and discussed the scope of the project and the Planning Board’s concern that it be done in a way that will prevent further erosion and deterioration. Mr. Vignaly will follow up with Mr. Amico.
MINUTES/BILLS
An invoice from VHB for engineering review services was approved for payment. Upon motion of Ms. Paré and second of Mr. Salate, it was unanimously voted to approve as amended the Minutes of the October 24, 2007 Meeting. Upon motion of Mr. Salate and second of Ms. Paré, it was unanimously voted to approve as written the Minutes of the October 24, 2007 Continued Public Hearing for Honey Dew Donuts Site Plan Review
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and the Minutes of the Public Hearing for Angell Brook CCRC Amended Site Plan Review.
Upon motion of Ms. Paré and second of Mr. Salate, at 9:45 p.m., it was unanimously voted to adjourn.
Date Accepted:_____________ By:_____________________________
Karen Paré, Clerk
Submitted By:______________________
Susan Abramson
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