MINUTES OF THE WEST BOYLSTON PLANNING BOARD
OCTOBER 8, 2008
MEMBERS PRESENT: Chair Patricia Halpin, John Baker, Karen Paré, StatePostalCodeLawrence Salate, Vincent Vignaly
MEMBERS ABSENT: None
OTHERS PRESENT: Wayne Amico, Eric Phelan, Simon Brighenti, Gerardo Sarli, Jeff Perkins, Chris Rucho
Ms. Halpin opened the regular meeting of the Planning Board at 7:16 p.m.
OMNIPOINT/T-MOBILE: VOTE TO APPROVE
Upon motion of Ms. Paré and second of Mr. Salate, it was voted, four ayes, to issue a Special Permit and Site Plan Approval for Omnipoint T-Mobile’s application to co-locate on the communications tower on Lawrence Street with the condition that Omnipoint submit a $10,000 Performance Bond to the Board to ensure removal of their equipment, if necessary. The Approval will be signed next meeting and submitted to Mr. Brighenti upon receipt of the Bond. Mr. Vignaly abstained from voting.
APPLICATION FOR PRELIMINARY SUBDIVISION REVIEW: KENNEWAY,
220 FAIRBANKS STREET
An application for a Preliminary Subdivision Plan has been submitted by Richard and Kathleen Kenneway for property on the east side of Fairbanks Street (220 Fairbanks Street). The appropriate number of plans, Form(s) C and the filing fees were submitted by Mr. Kevin Hardiman of David Ross Associates. Copies of the Plan were given to Mr. Amico which he will review in time for the November 12th meeting of the Board. No public hearing is required for a Preliminary Plan, but Mr. Hardiman will be contacted with the suggestion that the applicant gather abutters’ input so that when the Definitive Plan is submitted, there will be no surprises.
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GERARDO’S BAKERY: REQUEST TO EXTEND SITE APPROVAL
Mr. Gerardo Sarli attended the meeting so that he could request that his Site Plan Approval be extended for one year in order to give him time to arrange for proper financing. Due to the national financial crisis, banks are unwilling to give out loans at this time for projects such as his. The bank does plan to release funds by April, when Mr. Sarli stated that his project will go forward. Mr. Sarli added that he received poor advice from his engineer, whom he has since dismissed, concerning the length of time his Approval would be in place. Although Mr. Sarli did not obtain any permits, he did begin construction on his basin.
Ms. Paré stated that she is amenable to extending the Approval for one year from this date since there are extenuating circumstances and limited construction has started. Upon motion of Mr. Vignaly and second of Mr. Baker, it was unanimously voted to extend the Site Plan Approval for Gerardo’s until October 8, 2009. In the interim, Mr. Gerardo was advised to obtain a Building Permit or a Demolition Permit to start the construction process.
DISCUSSION OF WARRANT FOR OCTOBER 20TH TOWN MEETING
The Board reviewed the Warrant for the October Town Meeting, which contains no proposed changes to the Zoning Bylaws. The only Article on which the Board will be required to make a recommendation is Article 21, Petition to Accept Olde Century Farm Road and Garside Drive. Article 16, authorization to create an Agricultural Commission, is a component of the Master Plan and the Open Space Plan, which the Board supports.
OLDE CENTURY FARM ROAD AND GARSIDE DRIVE: ROAD ACCEPTANCE DISCUSSION
Mr. Jeff Perkins attended the meeting in order to discuss final details of the road acceptance process for his subdivision. On May 14, 2008, VHB inspected the project and noted several areas that needed to be addressed. Mr. Perkins reported, and Mr. Amico agreed, that these issues have now been properly addressed. The streets have been swept; more trees have been planted than required; the issue with the railroad spike on Lot 16 has been addressed and the detention pond has been cleaned and raked. Mr. Mercurio, the construction superintendent, will use a compressor to clean the valves on the sewer installations. Mr. Westerling has promised a letter on behalf of the DPW to the Board stating that he is satisfied that all his requirements have been met. Mr. Coveney has already submitted such
a letter from the Water Department. The as-builts were submitted last May, Ms. Paré noted. Mr. Amico stated that every lot will abut the town road and each lot has enough frontage for a driveway. Mr. Perkins stated that not all curb cuts are in. A buyer will have to apply to the DPW for a driveway permit. Upon motion of Ms. Paré and second of Mr. Baker, it was voted, four ayes to
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support Article 21 for the acceptance of Olde Century Farm Road and Garside Drive at Town Meeting. Mr. Vignaly abstained from voting.
HILLSIDE VILLAGE: DRAINAGE ISSUES
There is a need to respond to a recent email from Mr. Staiti indicating that he has finished remedial work on the detention basins at Hillside Village. Mr. Vignaly stated that he will check the current condition of the basins. There are potential issues with Basin #2, Mr. Amico stated, with the stability of the outlet and its drainage ability. The Planning Board has still not received a copy of the engineering report prepared for the Hillside Village Condo Association concerning the functionality of the basins. Mr. Amico advised the Board not to release the remainder of the bond for the project until this engineering report is received. Ms. Halpin will so inform Mr. Staiti.
ANGELL BROOK: Mr. Amico will contact Mr. Staiti and inquire whether there has been any recent work on the project requiring inspection.
MUNICIPAL LIGHTING PLANT: PROPOSAL TO CONSTRUCT A SOLAR FIELD
Information was received from the Building Inspector concerning plans of the Municipal Lighting Plant (“MLP”) to install solar collectors about 2 feet off the ground, covering about ½ acre, plus a small building on land owned by the MLP off Shrewsbury Street, in order to create “Green Energy”. Mr. Vignaly expressed his view that Site Plan Review would be required because this is a “new, non-residential building”. Ms. Halpin stated that abutters need to be informed of this project and a public hearing should be held. Ms. Paré stated that Mr. Brodeur thinks Site Plan Review may not be required because public utilities may be exempt from town zoning. She reported, however, that under Chapter 40A, Section 3, utilities have to petition the state in order to be
exempt. This process appears to be more onerous than Site Plan Review would be, Mr. Vignaly noted. The extent of an application for Site Plan Review in this case would be minimal. The MLP can ask to waive engineering review fees because there appears to be no impervious areas added or drainage problems. Mr. Salate questioned whether a fence would be necessary to avoid vandalism. Ms. Halpin agreed to contact the MLP and Mr. Brodeur with the results of tonight’s discussion, i.e. that Site Plan Review is required, She will invite them to the next meeting in order to discuss the issues.
EXPEDITED PERMITTING: CH. 43D
The “meeting” between the Planning Board, Board of Selection and Economic Development Committee turned out not to be a working meeting but a regular Selectmen’s meeting with presentations on Ch. 43D from representatives from CMRPC, the Worcester Economic Development Council and the Executive Office of Housing and Economic Development. Mr. Rucho noted that a lot has to have the potential to be 50,000 sf and Ms. Paré added that all lots must be appropriately zoned. There is a
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website that now exists, Ms. Halpin noted, on which the town can advertise for free. Otherwise, if the town accepts Ch. 43D, the state will do the marketing for the town. Since this was not a working meeting, the Planning Board did not have the opportunity to give any input.
OTHER BUSINESS
Follow-up: Cell Tower: There may be a need to limit the number of co-locators on the cell tower on Lawrence Street. Mr. MacCullum from Crown Castle stated that the structural analysis includes a future co-locator, but it does not appear to be so. Mr. Amico will check on this. Mr. Vignaly stated that a new structural analysis may be needed.
REPORTS FROM OTHER BOARDS
Economic Development Commission: Mr. Rucho reported that the Commission met the other night. Since the economy has slowed, they are planning for steps to be taken when the economy improves.
Open Space: The Open Space Advisory Commission will request that the Board of Selectmen rename it to be the “Open Space and Recreational Implementation Committee”. Letters of recommendation have been received from all requisite entities, so the Open Space Plan will be sent to the Department of Conservation Services for approval. The members intend to work with the Water District on a proposal to acquire 4.5 acres of land on Lee Street (which would remain open space) and 7.5 acres of open space land on Prospect Street, across from Applewood Road (which could potentially be used for athletic fields). Both parcels are of interest to the town. An application must be submitted by November 1st to the Community Preservation Commission. A land purchase using those
funds is more complicated that other uses, so the Open Space committee will be assisted by the Trust for Public Lands, with whom Mr. Vignaly has been communicating. A proposal should be ready for the spring Town Meeting.
MINUTES/BILLS
No invoices were submitted for payment. Upon motion of Mr. Vignaly and second of Ms. Paré, it was unanimously voted to approve as amended the Minutes of the September 24th Planning Board Meeting and the Minutes of the September 24th Continued Public Hearing for Omnipoint Communications.
Date Accepted:____________ By:_______________________
Karen Paré, Clerk
Submitted By:______________________
Susan Abramson
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