MINUTES OF PLANNING BOARD MEETING
AUGUST 27, 2008
PRESENT: Chair Pat Halpin, John Baker, Karen Paré, Lawrence Salate, Vincent Vignaly
ABSENT: None
OTHERS PRESENT: Wayne Amico (VHB), Jeff Perkins, Al Barbieri
Ms. Halpin opened the regular meeting of the Planning Board at 8:25 p.m.
OLDE CENTURY FARM ROAD ACCEPTANCE
Ms. Halpin noted that Mr. Perkins is requesting that Olde Century Farm Road and Garside Drive be accepted at the town meeting this October. Mr. Barbieri stated that he received our e-mail of August 21, 2008 concerning the documents that he has submitted to the board. Mr. Barbieri supplied an edited copy of the Conveyance of Easements and Utilities that references the Roadway As-Built Plan instead of the Design plans. He has not yet sent it to Town Counsel. Ms. Paré reminded him that Counsel will require a full-sized set of the plans to conduct a proper review and provided him with the board's second copy of the plans to send to Counsel. Mr. Barbieri will provide these documents and plans to Town Counsel.
Mr. Perkins relayed to the board that he is waiting for a list of final outstanding issues from Mr. Westerling at the Department of Public Works and expressed frustration that he has not yet received it despite several calls and emails. Mr. Baker reminded him the Planning Board has no responsibility to mediate between an applicant and other town bodies or departments where we have no authority. Mr. Barbieri asked who was responsible to coordinate this process and Mr. Baker responded that the applicant was.
The Planning Board engineer is awaiting notification from the application that the site is ready for final inspection. Mr. Amico noted that he provided Mr. Perkins will an email on May 16 that included a list of items of which Mr. Amico was aware. These items included raking the bottom of Basin 2; addressing the issues that Mr. Westerling had with sewage and drainage structures; addressing any remaining issues from the Water District; problems with sewer and water gate valves; questions about the accuracy of the As-Builts; and problems with the catch basin granite curb inlets. Mr. Perkins replied that there was no problem with the submitted As-Built plans because, although the plans were submitted before the work of raising the sewer and water valves to grade was started, the structures had already been located.
Mr. Perkins complained that Mr. Westerling is requiring him to straighten the sewer gate valves and that Mr. Perkins thought this was not normally required until a property connected to the system.
Ms. Halpin expressed her concern about the timing required to get this issue on the Town Meeting Warrant. Ms. Paré asked why the required work that was already known, like addressing the problem with the catch basins, had not been completed yet. Mr. Perkins stated that he did not want to bring in his contractor until the total scope of the job was known and he needed the lists from Mr. Westerling and the Water District. Ms. Paré noted that the Water District provided a letter back in March 2007.
Responding to a question from Ms. Paré, Mr. Amico explained the problem with the catch basin granite curb inlets. The catch basins are set in the road so that under normal conditions most of the stormwater will flow into the grate. However, when the volume of water is larger, the water should spill into the inlet located under the granite curb. Mr. Westerling noted during one of his inspections that this overflow spillage is not occurring. Mr. Amico explained that this might be due to silt build-up, possible temporary structures installed during construction, or that the contractor installed the wrong type of grate. Mr. Amico then gave Mr. Perkins a few suggestions as to how he could determine the nature of the problem.
Ms. Halpin brought the discussion back to the question of timing for the Town Meeting warrant. Mr. Vignaly noted that the deadline for submitting Town Meeting articles is September 9 with the Board of Selectmen preparing the warrant at their meeting of September 17. Mr. Barbieri indicated that he is not familiar with the requirements for getting a road accepted by the Board of Selectmen. Ms. Paré noted that Massachusetts General Law determines the requirements, but she will forward a draft of a document that the Planning Board is working on that incorporates the requirements for both boards. Mr. Barbieri will check with the Town Administrator's office on timing and if they have the correct copy of the plans.
The board will wait to be notified by the applicant regarding the final site inspection by the Planning Board engineer.
THE MANOR RESTAURANT
Ms. Paré asked to address the board as a resident and abutter. She asked that the board investigate the scope of work that is being conducted by the owners of The Manor Restaurant. This work, which is not part of the approved site plan, was rumored to be a gazebo that was to be used for photographs. Trees have been cleared behind 47 Franklin Street, which is at least 60 to 75 feet into the Residential Zone. Ms. Paré reported that her neighbor at 47 Franklin asked the workers what the plans were and he was told that they are building a gazebo to allow weddings of up to 200 people. Ms. Paré reports that she and her neighbors are concerned about this business use in the residential zone, especially since it wasn't part of the site plan. Mr. Vignaly questioned whether a building permit was issued. Ms. Paré does not know for sure but assumes so, since the Building Inspector spoke of the gazebo for pictures. Mr. Vignaly stated it was his opinion that there needs to be a new Site
Plan Approval for this additional work and that the dead trees in the buffer zone should be replaced. Ms. Halpin asked that the other neighbors send an email or letter about their concerns before the board acts.
BYLAWS MEETING
Mr. Gaumond is conducting an "information session" on ways in which the people of the Town would like to see the bylaws improved on September 4th. Ms. Halpin will attend for the Planning Board. Mr. Vignaly suggested that we ask Mr. Gaumond for copies or information about any suggestions that he has already received so that we can be prepared and consider them as well.
ADOPTION OF CHAPTER 43D: EXPEDITED PERMITTING
The board has looked again at the information on adopting Chapter 43D. Ms. Halpin re-iterated her email of March 20 to Mr. Gaumond in which she reported that the Planning Board is supportive of the concept. However, there are some questions regarding this process. For example, where is a possible Priority Development Site (PDS) proposed? The law requires us to identify a qualifying parcel and obtain permission of the owner, if we adopt the law. The PDS must be commercially or industrially zoned, eligible for development or re-development of a building of at least 50,000 square feet and designated as a PDS by the state Interagency Permitting Board. The board identified a couple of possible areas: the newly zoned CLI district north of 190 and the remaining parcel on Century Drive. However, it is
not clear whether we could get owner approval of these parcels. The board questioned what the Economic Development Committee thought about it or if they have contacted any owners. Mr. Salate thought that the EDC had not decided on the issue. Mr. Vignaly questioned how this would work with the property north of 190. Much of this property is under Chapter 61, which requires a 120-day waiting period for the town's right of refusal for any proposed development. How does this 120-day waiting period work with the 180-day approval period?
Ms. Halpin noted that she reviewed our spreadsheet on Site Plan Approvals and that most of them were approved in less than 180 days already. However, she stated her review was cursory. Mr. Baker noted that Excel will allow you to get this information and volunteered to do so.
Ms. Paré wondered about the benefit that the town would receive compared with the amount of effort that required to establish the law. One possible benefit might just be to advertise to developers that we have adopted the law. The question arose as to whether it was required to have a PDS identified before you adopt the law and if so, where?
INSPECTION REPORTS
Ms. Halpin remarked to Mr. Amico that the board was glad that he attended the meeting. Mr. Amico reported on the status of various outstanding projects.
HILLSIDE VILLAGE: Mr. Amico reported that he has not been there for some time. Mr. Vignaly reported that he requested information from Heritage's engineer on how the basins were designed to function. This was a result of an email to Mike Staiti after a break in the spillway on Basin 2 in the spring. Mr. Vignaly was hoping to get elevation information so that we can evaluate how the basins are working. While Mr. Vignaly was hoping for a summary, the engineer responded with a narrative that he will review and then go out and look at the basins. This week is good time since it has not rained recently.
ANGELL BROOK: No inspections. Mr. Staiti sent Mr. Amico an email asking about processing on-site rock for use in completing the second phase of the road. Mr. Amico responded with information on the steps he would need to take.
GATES BROOK: Still awaiting a response to the comments on the As-Built review.
FINDERS PUB: Nothing. The work that was on the approved plan has not been done.
CENTURY FARM: Discussed above.
GERARDOS: No activity. This Site Plan Approval has expired.
ERNIES CAR WASH: Construction is ongoing. No site inspections.
OAKDALE NURSING HOME: This project is almost complete and will be supplying As-Builts soon.
HONEY DEW: No work. The rumor is that Honey Dew has dropped their plans in both Worcester and West Boylston.
REPORTS FROM OTHER BOARDS
Mr. Vignaly reported that the Open Space Plan revision is not quite complete, but will be soon.
Mr. Salate relayed that the Economic Development Committee discussed putting signs up in the Industrial area, directing people to the business district shopping area.
MINUTES AND BILLS
Upon the motion of Mr. Salate and second by Ms. Paré, the board voted to approve, as amended, the Minutes of the Planning Board Meeting of July 9, 2008.
Upon the motion of Ms. Paré and seconded by Mr. Salate, the board voted to approve the Minutes of the Public Hearing for Metro PCS on July 9, 2008, as written.
The board signed an invoice for VHB.
The board voted to adjourn at 10:27 p.m. upon a motion by Mr. Vignaly and seconded by Mr. Salate.
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