MINUTES OF THE PLANNING BOARD MEETING
JANUARY 9, 2008
MEMBERS PRESENT: Chair Patricia Halpin, John Baker, Lawrence Salate, Vincent Vignaly
MEMBERS ABSENT: Karen Paré
OTHERS PRESENT: Mark Brodeur, John Hadley, Chris Rucho
DISCUSSION WITH BUILDING INSPECTOR
Marcello Landscaping: Mr. Brodeur reported that the owner of Marcello Landscaping, on the corner of Route 12 and Chapman Avenue, which property was developed without site plan review, wishes to make changes to the site including seven parking spaces, the addition of sheds, a retaining wall, landscaping and a display on the side of Route 12. The proposed site of this activity is now open space or overgrown. Mr. Baker inquired whether this will add more impervious material but Mr. Brodeur stated that the additions will mostly include landscaping. Mr. Vignaly stated that this is the site of a former paving company so there is the likelihood that crumbled paving materials already exist in the soil. He cautioned that the 10’ setback from Route 12 and the house must be maintained. The seven parking spaces
do not qualify for site plan review. Mr. Brodeur will inform the owner that the displays must be changed at least annually or they will be considered permanent structures.
Water Quality on Route 12: Ms. Halpin stated that the Economic Development Task Force (“EDTF”) needs to be aware that any development, especially along Route 12, must heed water quality issues involving the DCR. Mr. Salate stated that this information should be made available to developers ahead of time but Mr. Baker cautioned that the town needs to be careful of information it gives out or it may be held liable for any statement of information that is challenged and found to be incorrect. Information concerning the “process” could be made available, Mr. Vignaly stated, but Mr. Baker contended that it is the responsibility of a developer to hire a consultant, such as an engineer or lawyer, to verify all the facts about the process. Ms. Halpin noted that the EDTF is inviting Mr. William
Moulton, planner for the DCR, to speak at their meeting and address the topic of water quality and development.
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January 9, 2008
Proposed Changes to the Sign Bylaw: Mr. Brodeur distributed the latest changes he supports for the Zoning Bylaws. Previously in October, at the request of Mr. Brodeur, a public hearing was scheduled for proposed changes to the Zoning Bylaw concerning signs for public, civic and non-profit organizations. Mr. Brodeur withdrew this request when the T&G failed to publish the notice of public hearing in a timely manner. Subsequently, Mr. Brodeur met with the Planning Board and discussed additional proposals to which he made further amendments and which he presented this evening to the Board.
In Section 5.2.A.f. “no commercially licensed vehicle in excess of 11,000 lbs. gross vehicle weight” shall be parked overnight in a residential district. The change to 11,000 pounds will still allow the parking of a (large) personal pickup truck but will prevent the parking of large “semi’s” at a residence. Amendments under Section 5.6.F.2.a) Permits, will put the permitting process under the direction of the Building Inspector, while the Board of Selectmen set the fee.
Proposed Changes to Section 3.6.B.3) Site Plan Review: Mr. Brodeur has proposed an additional change to the Zoning Bylaws concerning criteria for requiring site plan review in which the number of parking spaces is reduced to “ten (10) or more additional parking spaces” for the “construction, rehabilitation, or change of use of a building” or the “construction or renovation of parking facilities”. Mr. Vignaly stated that he is not opposed to these changes but felt that sentiment at Town Meeting would be that this makes it more difficult for businesses by creating the need for more site plan reviews. The change will be seen as being more restrictive. Mr. Brodeur stated that he sees it as an opportunity to be a little more involved and to create development that
makes sense. Site plan review and appearing before the Planning Board is negatively perceived, Mr. Brodeur stated. Fees are a big part of the negativity. Mr. Baker stated that the Planning Board’s role is to make sure the developers are “good neighbors”, and to protect the townspeople. Mr. Vignaly noted that the larger companies that have recently developed in West Boylston and gone through the process of site plan review have had no problems with the system, and have, in fact, thanked the Board for its assistance. Mr. Brodeur noted that the bigger companies have engineers and attorneys and “do it right”. Ms. Halpin noted that reducing the number to 10 additional parking spaces would trigger more site plan reviews but Mr. Brodeur pointed out that there is not that much more developable land on Route 12 to accommodate 10 additional spaces. Mr. Brodeur noted that his proposed change intends to make the language
of the bylaw clearer. Mr. Vignaly noted that the “driveway” bylaw is not currently being applied.
Mr. Baker suggested that these proposals be divided into two Articles: one for the sign bylaws and one for change of use for the section on site plan review. He inquired whether this is an effort to fix some existing use and Mr. Brodeur stated that this is an opportunity to fix past problems with interpretation of the law. The town will still have control during the reconstruction of a parking lot. Ms. Halpin inquired what the word “involving” is supposed to mean in the reading of these proposals. Mr. Vignaly noted that “Keepers” proposed changes involve 15 parking spaces and added that Mr. McCormick never requested any
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January 9, 2008
waivers from the requirements of site plan review nor did he present any argument to the Board that site plan review was not needed. Mr. Brodeur stated that Mr. McCormick received permits from the ZBA for the parking setback and changes of use to a restaurant, eight months ago. Mr. Brodeur advised him that site plan review was needed in response to a letter from the Planning Board. Mr. Vignaly stated that the Board has to follow regulations. If the Building Inspector says no site plan review is required, then the Planning Board cannot require it. Keepers plan has received ZBA approval for the parking, the lighting has not changed and the square-footage has been reduced, Mr. Brodeur reiterated. Mr. Vignaly queried why it was necessary to receive a Variance from the ZBA for parking that is already there. This made the Planning Board think that changes were being made to the parking.
Ms. Halpin queried how the Board is to proceed. Mr. Baker stated that there is an application before the Planning Board for site plan review. Ms. Halpin replied that the Board needs to respond to Keepers as to “why” site plan review was required. In the future, Mr. Vignaly stated, it should be necessary for the applicant to come and show why site plan review is not deemed to be needed. Mr. Brodeur stated that the “additional parking” trigger is appropriate. Mr. Baker stated that a trigger is needed and parking is a good one. He suggested that the change be made from fifteen to ten spaces and the word “additional” be added in order to correct any misinterpretation. Mr. Salate inquired what would prevent a developer from adding five spaces one
year, then five the next year and so on, in order to avoid site plan review. Mass General Law, Mr. Brodeur stated, and also he has “latitude to control this”, as well as its being inconvenient for businesses to be disrupted every year.
A public hearing was set for these proposed changes, to be held on February 13, 2008 at 7:00 p.m. Mr. Brodeur suggested that it would be helpful to review criteria for site plan review from the Zoning Bylaws of other towns.
Lawrence Street Cell Tower: No permits have been issued for any additions to the tower.
HONEY DEW DONUTS: SIGN CERTIFICATE OF APPROVAL
Ms. Halpin presented to the meeting a draft Certificate of Site Plan Approval for Honey Dew Donuts. The document was reviewed and signed by the members of the Board, except for Mr. Vignaly, who asked to be recused. He did note, however, that the ZBA has not received any applications from Honey Dew.
PROPOSED CHANGES TO ZONING BYLAWS FOR THE CCRC OVERLAY DISTRICT
Upon motion of Mr. Salate and second of Mr. Vignaly, it was voted to approve the proposed changes to the CCRC overlay district as discussed at the public hearings, to be presented at Town Meeting as two Articles.
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PROPOSED CHANGES TO THE ZONING BYLAWS CONCERNING ZBA MEMBERSHIP
Upon motion of Mr. Salate and second of Mr. Vignaly, it was voted to approve the proposed changes to the language of the Zoning Bylaws concerning ZBA membership, done at the
request of the Board of Selectmen, in order that this language be in conformity with that of the General Bylaws of the town.
REPORTS FROM OTHER BOARDS
EDTF: Mr. John Hadley, chair of the EDTF, attended the meeting and described his committee’s goal to make West Boylston a business “target area”.
Board of Selectmen: Ms. Halpin, Ms. Paré and Mr. Salate joined a meeting of the BOS in early January to discuss Inclusionary Zoning, at the behest of the BOS. After the Incentive Zoning Bylaw (already a part of the town’s Zoning Bylaws) was explained, BOS members agreed that adding an Inclusionary Zoning Bylaw would be a redundancy. Mr. Vignaly noted that the ComCap evaluation gives more points for an Inclusionary Bylaw.
Open Space Committee: Mr. Vignaly reported that work continues on the revisions to the Open Space Plan, although there are difficulties getting maps done.
OTHER BUSINESS
The town offices will be moving to 127 Hartwell Street at the end of next week. Since the Planning Board has been assigned to a small room, to be shared with all the other boards and committees in town, Ms. Abramson requests assistance from members in determining what files are essential to be moved.
Merrimount: The lawyer representing Merrimount subdivision has contacted the Planning Board and requested information on the process for road acceptance by the town. Mr. Vignaly noted that review of documents will be necessary (legal metes and bounds, liens paid off, bonding for one year). Mr. Vignaly will request additional fees to be added to the $288.54 already in the review account.
Minutes/Bills
An invoice for payment to VHB was approved and signed. Upon motion of Mr. Salate and second of Mr. Vignaly, Minutes for the December 12, 2007 meeting were approved as amended.
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January 9, 2008
At 9:50 p.m., upon motion of Mr. Baker and second of Mr. Salate, it was unanimously voted to adjourn.
Date Accepted:___________ By:____________________________
Submitted By:______________________
Susan Abramson
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