MINUTES OF THE PLANNING BOARD MEETING
JUNE 9, 2010
MEMBERS PRESENT: Chair Vincent Vignaly, Patricia Halpin, Patrick McKeon, Lawrence Salate
MEMBERS ABSENT: Karen Paré
OTHERS PRESENT: Brian MacEwen, JoEllen Quigley, Rebecca Knapp
The Chair called the meeting to order at 7:10 p.m.
16 WOODLAND STREET: SIGN CERTIFICATE OF SITE PLAN APPROVAL
The “Certificate of Site Plan Approval for 16 Woodland Street”, was signed. This Approval was drafted by Ms. Paré following at vote at the Planning Board held on May 26, 2010.
REQUEST FOR INFORMATION: 47 PROSPECT STREET
Mr. Brian MacEwen from Graz Engineering attended the meeting with his clients, Ms. Rebecca Knapp and Ms. JoEllen Quigley, who have purchased the house at 47 Prospect Street with the intention of converting it to office space. Mr. MacEwen reported that the architectural layout is still in the process of being completed so the exact number and placement of the parking spaces has not yet been decided. There will be a gravel, circular driveway through the back of the property, off of which the parking spaces will be arranged. Handicapped access will be from the side of the house. It is the intention of the owners to leave untouched as much foliage as possible, although it will probably be necessary to clear some trees for the parking.
Mr. MacEwen is still not certain that the project will trigger Site Plan Review. It will be decided by the number of parking spaces required. There will only be part-time employees at the site, Mr. MacEwen stated, so the number of parking spaces will need to be determined after looking at the work schedule and office requirements. Mr. Vignaly stated that, if Site Plan Review is necessary, waivers should be requested for most of the requirements in Section 3.6 of the Zoning Bylaws. In response to a question from Ms. Knapp, Mr. Vignaly stated that Site Plan Review is still necessary with 15 parking spaces,
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even if some of them are permeable. The land slopes to the rear, so Mr. MacEwen will be studying the drainage as well, including the need for a retaining wall.
REPORTS FROM OTHER BOARDS
Earth Removal: Mr. Salate reported that the Earth Removal Board met this evening to renew a permit for Mr. Mercurio on Raymond Huntington Highway.
ZBA: Ms. Halpin reported that she attended the ZBA hearing on May 27th at which the reconsideration of the Hanioti Decision was discussed, in response to a letter to the ZBA from one of its members, Mr. Charles Witkus, and also in response to a letter from the Planning Board. Ms. Halpin stated that the reasons stated by the ZBA for the allowance of a Variance for an 80 sf sign were that Route 12 is wide at that point so the sign will be need to be situated further back on the property; the “Tarot” sign next door may partially block Hanioti’s sign; and, across the street, there will also be an over-sized sign for a business center. The Planning Board’s letter was read. Consideration of the goals of the Master Plan and beautification of Route 12 were discounted.
Mr. Vignaly reported that he discussed a possible Appeal of this decision with Mr. Gaumond, including the possible transfer of funds into the Planning Board’s account to cover the filing fee and incidental expenses. The question of representation by Town Council is a matter for debate. Hanioti will need to defend the Variance in Land Court, not the ZBA. The Planning Board is looking for input from the Board of Selectmen. The Planning Board doesn’t seek out litigation, but members were elected to ensure that the Zoning Bylaws are upheld. Mr. Vignaly stated that the sign bylaws may need to be changed, but there have been no requests of the Planning Board to do so.
This is a Variance that does not meet the letter of the law, Mr. Vignaly stated, and asked for input from other members of the Board. Mr. Salate expressed his concern that, since this Variance was granted, a “chain reaction” will be started with other applicants requesting Variances for over-sized signs as well, and the looks of Route 12 will continue to deteriorate. A lot of other applicants whose businesses are located on Route 12 “did it right” and installed attractive signs, sized in compliance with the bylaw. Mr. McKeon postulated that the Board should wait for a more “egregious” case but stated that he would support an Appeal if the other members of the Board agreed.
Ms. Halpin inquired of Mr. McKeon if the Economic Development Task Force (“EDTF”) has a sense of what it perceives the Business District on Route 12 should look like. She noted that Holden, which has a very attractive and prosperous Main Street, has a sign bylaw limiting size to 30 s.f. There has not been much discussion by the EDTF about how Route 12 should be developed, Mr. McKeon stated. Ms. Halpin asked if Mr. McKeon could raise the topic of the Master Plan at the next meeting of the EDTF and find out their position on it.
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Mr. Salate moved, seconded by Mr. McKeon, to appeal the ZBA Decision to grant a Variance to allow Hanioti to erect an 80sf sign for their proposed Dairy Queen. Mr. Salate stated that this Decision is not fair to other business owners who complied with the sign bylaw and it is the responsibility of the Planning Board to represent those citizens who voted to approve these bylaws at town meeting. Reasons not to appeal the Decision are that the Planning Board will appear to be “anti-business”; and that Hanioti went through the proper process.
Mr. Vignaly called for a Roll Call Vote:
Mr. Vignaly: Yes
Ms. Halpin: Yes
Mr. Salate: Yes
Mr. McKeon: Yes
Mr. Vignaly will attend the June 16th meeting of the Board of Selectmen in order to request the services of Town Council by the Planning Board, as well as a transfer of funds to cover the cost of the filing fee and incidental expenses for this Appeal.
Goodnow Auto Sales: A discussion also ensued concerning the application by Mr. Chris Goodnow for a Special Permit to move his used car business to 174 West Boylston Street. Ms. Halpin attended the meeting on behalf of the Panning Board. Mr. Goodnow intends to put a trailer on the site and not pave the parking lot. He is in a hurry to get his permits because the lease on the land where his business is now situated has run out. The ZBA is inclined to grant the Special Permit, with conditions, and not require Site Plan Review. Apparently, when Mr. Goodnow located his business behind Randy’s on Route 12, the then-Code Enforcement Officer did not require Site Plan Review. Mr. Attela, attorney for Mr. Goodnow, argued that Site Plan Review is not necessary because the trailer is not “new
construction” and the cars on the lot represent part of an “external display”. He presented an Order of Conditions from the Conservation Commission allowing construction on the site. This Order was issued more than three years ago, rendering it invalid, but this fact was not acknowledged by anyone. Mr. McKeon noted that the trailer will require plumbing and electrical connections, which indicates new construction. Mr. Vignaly queried who would be reviewing the stormwater plan? The ZBA has requested that the Planning Board submit suggested conditions to the Special Permit. Mr. Vignaly stated that the conditions should be that the plan comply with the Zoning Bylaws. There needs to be oversight of the landscaping, drainage, traffic and site plan for placement of the vehicles. Mr. McKeon stated that the Board should argue for a three-year lease. Mr. Goodnow is making a minimal investment which could result in an eyesore
for the town. Ms. Halpin noted that this hearing was continued until June 10th following a request by Mr. Colangelo that the applicant submit an instrument survey. The plan that was submitted was incomplete.
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Assignments to Other Boards: It was decided that Mr. McKeon would be the Planning Board’s representative to CMRPC, EDTF and report activities of the ZBA. Mr. Salate is not available Thursday nights to attend any ZBA meetings.
Minutes/Bills
Upon motion of Ms. Halpin and second of Mr. McKeon, it was unanimously voted to approve as amended the Minutes of the Continued Public Hearing for 16 Woodland Street, dated May 26, 2010. Upon motion of Mr. Salate and second of Ms. Halpin, it was unanimously voted to approve as amended the Minutes of the May 26, 2010 Meeting of the Planning Board.
At 9:30 p.m., upon motion of Ms. Halpin and second of Mr. Salate, it was unanimously voted to adjourn.
Date Accepted:____________ By:____________________________
Karen Paré, Clerk
Submitted By:_______________________
Susan Abramson
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