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Planning Board Minutes 09/10/2008
MINUTES OF THE PLANNING BOARD MEETING
SEPTEMBER 10, 2008


MEMBERS PRESENT:  Chair Patricia Halpin, John Baker, Karen Paré, Lawrence Salate, Vincent Vignaly

MEMBERS ABSENT:  None

OTHERS PRESENT:  Wayne Amico, Karla Hanna, Mike Coveney, Ron Pong, Kyle MacCullum

Ms. Halpin opened the regular meeting at 7:22 p.m.

METRO/PCS:  VOTE TO APPROVE SPECIAL PERMIT AND SPR

Ms. Paré requested that Ms. Hanna secure a copy for the Planning Board of the Agreement between Metro and Crown Castle.  Ms. Hanna agreed to do so.  Upon motion of Ms. Paré and second of Mr. Salate, it was unanimously voted to approve the Special Permit and Site Plan Review Application of Metro/PCS to collocate on the wireless communication tower on Lawrence Street, with conditions as stipulated at the public hearings.  Metro/PCS agrees to post a bond with the town to insure proper dismantling and removal of their installed equipment, in the amount of $10,000.  Crown Castle agrees to post a bond with the town for $25,000 to insure the propert dismantling and removal of the tower, if necessary. Crown Castle will also post a performance bond in the amount of $30,000 to insure proper construction of the access road.

OLDE CENTURY FARM ROAD ACCEPTANCE:  UPDATE

Ms. Paré reported that Attorney Sherrin Everett, Town Counsel, has determined that the Board of Selectmen does not have to again layout the road for the Century Farm development, as the wording was changed on the plan.  Ms. Everett revised the Warrant Article but Mr. Perkins was required to submit a ten-taxpayer petition to be place on the Warrant.  The Water Department still has two remaining issues with the
project and is awaiting word that they have been resolved and the site can be inspected.  VHB, as well, is awaiting word that the site is ready for final inspection.

OLD BUSINESS:

BYLAWS MEETING

Ms. Halpin reported on the Bylaw Revision Meeting that she attended.  The bylaws under consideration at that meeting were not Zoning Bylaws, but General Bylaws.

EXPEDITED PERMITTING

A meeting was held on September 3, 2008 with the Board of Selectmen concerning Ch. 43d, expedited permitting legislation and its potential for adoption for West Boylston.  The Board of Selectmen appeared to have no particular site in mind.  A meeting will be held in the near future with other applicable town boards.  CMRPC held a session, attended by Ms. Paré today, presenting software for Planning, Zoning and Building Permitting, which the Town of Grafton will soon make available.  The question is how West Boylston could market with 43d in place.  

Of 29 applications reviewed by the Planning Board, statistics show that 25 were approved in less than 180 days.  Of those projects that were delayed, problems occurred because the applications were submitted to the Planning Board before getting approved by other boards and/or the DCR.  Ms. Halpin stated that having 43d on the books in this town will help with ratings by the state.  Ms. Paré stated that there should be one “go to” person in town and the Planning Board should not accept any applications until all other permits have been obtained.  This process will result in more responsibility for the Board of Selectmen.  The Economic Development Committee should be made aware that the Planning Board approved Emuge in 35 days and the Red Cross in 42 and 96 days (they filed an amended application).

WORK AT THE MANOR RESTAURANT

Ms. Paré asked to be recused as she is a neighbor to the restaurant. The Building Inspector, Mr. Brodeur, communicated with the owner of The Manor Restaurant by letter dated September 2, 2008, informing Mr. Fotiades that any new construction associated with a business use cannot be allowed to extend into the Residential Zone more than 30 feet.  The parking lot, however, already extends into the residential zone.  Mr. Vignaly noted that the business use needs to remain behind the stockade fence.  Mr. Vignaly will discuss the situation with Mr. Brodeur.

WIND TURBINE BYLAW

Ms. Halpin queried whether the Planning Board needs to be working on a proposal for a wind turbine bylaw.  Such a bylaw was recently passed in Boston, Ms. Paré noted. She added that solar panels should also be considered as part of this bylaw.  A turbine is considered a structure, Mr. Vignaly noted, and Zoning Bylaws do not allow a structure to exceed 35’ in height.  A wind turbine does not function under 35’, so the existing bylaw will need to be reviewed.  Ms. Paré queried whether the Board should encourage individual wind turbines but Mr. Baker stated that they could be a problem due to noise, ice being thrown from the blades and the possibility of one falling over and causing property damage or injury.  The Municipal Light Department is no longer looking to construct a turbine on their property on Shrewsbury Street, as they found it economically more feasible to join a consortium in Western Massachusetts.  Mr. Vignaly questioned whether the town needs a new bylaw or do the current Zoning Bylaws provide enough protection.  This question will be discussed at a later date.

REPORTS FROM OTHER BOARDS

Townwide Planning Committee:  Ms. Paré reported that the Committee met on September 2nd and discussed updating the Master Plan.  The questions are what level of update is needed and how will input be obtained. Is there a need for another survey?  Other boards will again need to be involved.

Community Preservation Committee:  Mr. Salate reported that the Committee is considering applications for use of the funds generated by the CP Act.  Their approach is to review ideas presented to them: not create their own ideas for how the money should be spent.  Mr. Vignaly noted that there are 4.5 acres of land for sale next to the town wells on Lee Street and the purchase of that property would enhance the town’s open space as well as help preserve the quality of the wells.  Due diligence would be required before any purchase, such as a title search, deed review and confirmation of  the absence of any chemical pollutants.  An appraisal would also be needed. The CPA allows a town to spend up to the value of those services ($7 - $10,000).  The Open Space Committee would be available to fill out the required documents and would seek the assistance of the Water Department.  Mr. Salate noted that there may be a problem with boundaries because of the state’s (abandoned) plan to widen Lee Street.  Mr. Vignaly noted that the 7.5 acres of land across from the end of Applewood Road is also being looked at by the Water Department.  This land would make a good soccer or other sport field.  

Economic Development Committee:  Mr. Salate will ask that Mr. Baker assume the Planning Board representative’s role with the Economic Development Committee as Mr. Salate is serving on four committees at this point.

CMRPC:  Mr. Vignaly distributed an updated Zoning Map for the town, created with the assistance of CMRPC.

MINUTES/BILLS

No bills were submitted for payment.  The following Minutes from the August 27, 2008 meetings were approved as written:  Minutes of the Public Hearing for Omnipoint T-Mobile and Minutes for the Continued Public Hearing for Metro/PCS.  Minutes of the Planning Board Meeting of that date were approved as amended.

The meeting adjourned at 9:30 p.m.

Date Accepted:____________                      By:____________________________
                                                              Karen Paré, Clerk


Submitted By:_____________________
                      Susan Abramson