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Planning Board Minutes 04/13/2011
MINUTES OF THE PLANNING BOARD MEETING
APRIL 13, 2011

MEMBERS PRESENT:  Chair Vincent Vignaly, Patrick McKeon, Karen Paré, Lawrence Salate

MEMBERS ABSENT:  Patricia Halpin

OTHERS PRESENT:  Carl Barstow, Marc Frieden, Linda Isgro, Ted Beckner, Steve Muscente, Charles Witkus, Bob Barrell

ANGELL BROOK CCRC:  QUESTIONS BY RESIDENT CARL BARSTOW

Mr. Carl Barstow asked, less than 48 hours prior to the meeting, to attend the meeting in order to clarify certain conditions surrounding the permitting of Angell Brook CCRC.  He reported that Mr. Staiti had said that he has until 2012 to complete building at the site, and if the building is not complete, he will need the residents to vote to extend his building rights.  Ms. Isgro stated that all building permits have been extended state-wide as a result of economic conditions in the Commonwealth.  Ms. Paré stated that the Planning Board does not issue a “completion date” for projects unless they are subdivisions.  Mr. Barstow stated that the residents have “no power”.  Mr. Staiti is the sole trustee of the condo association and will continue to be until 75% of the units are sold.  

OLD BUSINESS

Chapter 40B:  Follow-up on Discussions re Financing and Monitoring:  Mr. Bob Barrell, a resident of West Boylston and Director of the Hudson Housing Authority, attended the meeting in order to offer the Board general information on the process of developing Chapter 40B affordable housing.  He stated that there is generally a Regulatory Agreement online, but Freedom Village does not have this because these are all rental units.  It has received a Comprehensive Permit and a Decision has been rendered by the ZBA.  He suggested that the Board review the terms of the Comprehensive Permit, but costs can only be reviewed through the DHCD.  In the case of Freedom Village, there is concern about the cost of the individual units and Mr. Barrell stated that he is not sure how that


Minutes of the Planning Board Meeting                                   2.
April 13, 2011

funding flowed.  Mr. Barrell does work with some consultants who monitor Chapter 40B developments.  Monitoring does include reviewing the wait list for the units and incomes of prospective renters.  Costs should be certified by the developer.  Mr. Vignaly inquired whether there is a requirement for a certain percentage of town residents to first be offered leases.  Mr. Barrell stated that there should be 70% town residents.  

He suggested that reviews should start with the Comprehensive Permit and proceed from there.  Afra Terrace should have a Regulatory Agreement because the units are being sold, not rented.  Freedom Village will not be affordable housing in perpetuity, but will remain so for the next 30 years.  The DHCD or Mass. Housing will do the cost certification.  Our concern, Ms. Paré stated, is how tenant choices will be made at Freedom Village.  People move between different towns, Mr. Barrell stated, so it is difficult to determine a lot about their financial status.  Mr. McKeon stated that Freedom Village will have to re-certify their affordable status and qualify every year.  Mr. Vignaly stated that he questions the tenancy selection there.  $8.4 million for 24 units is a tremendous amount of money, he stated, and questioned who in town is monitoring the development.  Ms. Isgro stated that the units are modular so the state, instead of the town, inspects the interiors.  The Occupancy Permit, however, is still issued by the Building Inspector, Mr. Barrell stated.  The definition of a resident doesn’t necessarily mean that a person lives in town.  He/she could be a child of a resident or a student or a former resident.  Ms. Isgro stated that local housing authority has no control over the tenancy selection.  

Mr. Barrell stated that he will check into different questions and concerns raised by the Planning Board and report back.  

DISCUSSION OF RULES AND REGULATIONS FOR INCENTIVE HOUSING SPECIAL PERMITS

Ref. Document:  Rules and Regulations of the West Boylston Planning Board for Incentive Housing Special Permits, draft 4/13/2011

Mr. Vignaly suggested that the terms “Affordable Housing” and “Subsidized” be capitalized throughout.  In Section 1.1, at the end of the last paragraph, it should be stated that State regulations always apply in the event of any conflict with the towns’ determinations.  Under Section 2.2.2, the applicant shall submit ten (10), not seven,  copies of the application.  On page 4, DHCD standards should be used for the first two bulleted items.  Under the fourth bulleted item, it should state that “a condition requiring perpetual affordability is required, not “preferred”.  Ms. Paré stated that the Planning Board should especially discuss “Procedural Requirements” with Mr. Gaumond and the Board of Selectmen before proceeding any further.  Mr. Salate queried whether the Board of Selectmen should vote on the intent of the LIP.  The Housing Authority should be added under Section 10., as the Monitoring agent.  Ms. Paré suggested that a Schedule of Construction be added to the conditions of approval or make an appendix including construction timing.



Minutes of the Planning Board Meeting                                  3.
April 13, 2011

PREPARATION FOR TOWN MEETING

The real changes in the Incentive Zoning Bylaw should be highlighted for Town Meeting, Ms. Paré stated. Mr. Salate suggested preparing a handout explaining the changes.  The Board needs to explain density, the timing of construction and the “fees-in-lieu” section.  A slide presentation should document the major changes.  Ms. Paré will contact Ms. Settles at CMRPC to get an explanation of the importance of the “fees-in-lieu” section.

VOTE TO APPROVE CHANGES TO INCENTIVE ZONING BYLAW

Upon motion of Ms. Paré and second of Mr. Salate, it was unanimously voted to accept and approve the changes made to the Incentive Zoning Bylaw at tonight’s public hearing and to submit the request for these changes to Town Meeting.

REPORT FROM OTHER BOARDS

There were no reports on the activities of other Boards.

OLD BUSINESS

The re-scheduled “Roundtable”, which was supposed to have been held on April 5th to discuss a possible housing development off of Davidson Road, was again cancelled, Mr. Vignaly reported.

PAYMENT OF INVOICES/BILLS

Invoices were approved for payment to the Telegram & Gazette for a legal ad and to VHB for engineering review services.  Upon motion of Mr. Salate and second of Mr. McKeon, it was unanimously voted to approve as amended the Minutes of the March 23, 2011 Meeting of the Planning Board.  At 10:30 p.m., upon motion of Mr. Salate and second of Mr. McKeon, it was unanimously voted to adjourn.

Date Accepted:________________          By:______________________________
                                                                 Karen Paré, Clerk


By:___________________________
    Susan Abramson