MINUTES OF THE PLANNING BOARD MEETING
MAY 26, 2010
MEMBERS PRESENT: Chair Vincent Vignaly, Patricia Halpin, Patrick McKeon, Karen Paré, Lawrence Salate
MEMBERS ABSENT: None
OTHERS PRESENT: Wayne Amico, Chris Gagne, John Lugo, Charles Witkus
INSPECTION REPORTS
Hillside Village: Mr. Amico has asked Mr. Staiti to contact the Condo Association for an update on their plans concerning the detention basin.
Angell Brook: Yankee Testing will be sinking 8 – 10 bores in the pavement and submitting a pavement report.
Gerardo’s: The contractor finally contacted VHB and stated that he will keep VHB informed in the future. The sub-surface drainage system has been installed. The house on the property has been demolished.
Wachusett Plaza: The striping needs to be finished. Paving has taken place on the right-hand side of the building. Mr. Vignaly asked Mr. Amico to confirm that this was done according to the approved plan. The landscaped islands are constructed of stones. Ms. Paré noted that the requirement is for the islands to be permeable. Soil with shade trees are preferred, although not explicitly stated in the Zoning Bylaws. Mr. Amico will follow-up to ensure that the stone base is permeable.
Star Tower: Mr. Amico will send them a construction letter and one will go out to 16 Woodland Street as well.
REPORTS FROM OTHER BOARDS
ZBA: Mr. Charles Witkus, who is a member of the ZBA, attended the meeting and shared with the Board a copy of a letter which he intends to submit to the other members of the ZBA and to the Board of Selectmen about his concerns with a vote taken by the ZBA on
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May 20th. This vote will allow the Dairy Queen on Route 12 to erect an 80 sf sign, which is twice the size allowed in the Zoning Bylaws. Although the Planning Board submitted a letter to the ZBA not endorsing a Variance for this request, this letter was not distributed to ZBA members, although parts were read at the meeting. A prior petition by CVS for a large sign was denied by the ZBA. Mr. Witkus will ask members of the ZBA to reconsider their decision. Ms. Halpin stated that the letter from the Planning Board should be read into the Minutes, as testimony in the hearing process. A Variance requires that the applicant show evidence of hardship if a Variance is not granted. Mr. Vignaly queried whether the Sign Bylaw needs to be changed, although the Master Plan and past town surveys indicate that
townspeople want to see Route 12 made more attractive, not less so by the erection of huge signs. A letter to the ZBA will be drafted in support of Mr. Witkus’ request to reconsider the vote.
ZBA: On June 3rd, the ZBA will hold a public hearing on the request of Chris Goodnow Auto Sales LLC for a Special Permit to conduct a used car business at 174/180 West Boylston Street. There is some question whether Mr. Goodnow intends to pave the parking lot and whether he will erect a permanent building for his office, or use a trailer. He will need to come before the Planning Board for Site Plan Review if he receives a Special Permit. There is a concern that grease and oil from the used cars will seep into the wetlands area that is protected by the Cohen Bill. There are also concerns on this site with drainage (especially if the lot is not paved), traffic and public safety access. Its use as a used car lot would be in opposition to the Master Plan, which encourages the enhancement of
Route 12. Mr. Salate suggested that perhaps a time limit could be placed on the Special Permit and if the site is an eye-sore, the ZBA could revisit the granting of the Permit after three years. Mr. Vignaly stated that it might help if the Economic Development Task Force writes a letter to the ZBA, encouraging attractive businesses. Mr. McKeon will draft a letter giving input on this request.
Economic Development Task Force (“EDTF”): Mr. McKeon reported that, according to the state, West Boylston is not an “economic target area” for new businesses because there are not enough vacancies in the business community. (280 towns are “ETA’s”). The town cannot therefore offer TIP’s to proposed new business enterprises. The EDTF is having a brochure prepared to advertise the town.
CLUSTER ZONING
Mr. Vignaly prepared and submitted to the Board another draft for discussion of a proposed Cluster Zoning Bylaw. Ms. Halpin questioned the need for a Cluster Zoning Bylaw and Mr. Vignaly responded that the town will get points on the ComCap application in addition to providing more open space for the town. Ms. Paré noted that such a bylaw will not increase density of residential housing. Within the same amount of space as a traditional subdivision, there is a limit to the sprawl of residences. Ms. Halpin expressed concerns about “unintended consequences” of this proposal, such as giving too much power to the Planning Board, and asked for a definition of the expression “by right”. Ms. Paré stated that
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“by right” is any act allowed by the Zoning Bylaws or by Special Permit. Ms. Halpin requested that certain terminology be changed under the “Purpose” section, to explicitly
state “single family housing”. A discussion ensued on such issues as whether the Planning Board should be able to grant waivers (to the standards); whether outbuildings should be allowed and whether preliminary subdivision approval is required. Mr. Vignaly will make suggested changes to the text of this proposal and it will be discussed again at the next meeting of the Planning Board.
INCENTIVE ZONING/ACCESSORY APARTMENTS
In previous meetings, changes to the Incentive Zoning Bylaw were discussed. Mr. Vignaly prepared a draft proposal for these changes and submitted it for review. He added terminology that stated “…the number of habitable buildings on a lot and the maximum number of dwelling units permitted per habitable building shall be determined by the Planning Board on a case by case basis”. Ms. Paré stated that the addition of this sentence will ensure that not all condominium units will have to be in one building. Mr. Vignaly also submitted proposed amendments to the Accessory Apartment Bylaw stating that “…the number of habitable buildings on a lot may be increased to two (2) under this section on a case by case basis. An accessory building may be used to provide one apartment.”
MINUTES/BILLS
A voucher for payment to VHB for engineering services was approved. Upon motion of Mr. McKeon and second of Ms. Paré, it was unanimously voted to approve as amended the Minutes of the May 12, 2010 Planning Board Meeting. Upon motion of Mr. Salate and second of Ms. Halpin, it was unanimously voted to amend the previously approved Minutes of the Joint Meeting with the Housing Partnership of March 16th. At 9:45 p.m., upon motion of Mr. Salate and second of Mr. McKeon, it was unanimously voted to adjourn.
Date Accepted:____________ Approved By:_______________________
Karen Paré, Clerk
Submitted By:_____________________
Susan Abramson
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