MINUTES OF THE PLANNING BOARD MEETING
JUNE 22, 2011
MEMBERS PRESENT: Chair Patrick McKeon, Marc Frieden, , Karen Paré, Vincent Vignaly
MEMBERS ABSENT: Lawrence Salate
OTHERS PRESENT: None
All documents referenced in these Minutes are stored and available for public inspection in the Planning Board office, 127 Hartwell Street
GATES BROOK LANDING: AS-BUILT REVIEW
Ref. Document: Existing Conditions Plan Located in West Boylston, MA Prepared for Gates Brook Landing Condominium, dated March 28, 2011
An email was received from Mr. Amico at VHB stating that he had reviewed the “As-Built Plan” for Gates Brook, dated March 28, 2011 and it is virtually the same plan as that which was submitted in March 2007 (except for a revised date and the removal of a stamp and signature). Comments made in VHB’s letter to the Planning Board, dated April 24, 2007, concerning the original As-Built Plan, were not addressed. Mr. Vignaly suggested that Mr. Amico’s email be forwarded to Hub Survey and Mr. Joe Evangelista, the developer. Mr. McKeon stated that he will contact Mr. Amico and ask him to forward the email.
Mr. McKeon queried whether the Planning Board has any recourse if the As-Built issues are not addressed. Ms. Paré stated that the Planning Board has recourse before an occupancy permit is issued. She suggested that the Planning Board consider requiring residential condo developers to post a bond for the roadway and access to the development, in case the developer quits the project before completion. Mr. Vignaly stated that its important to make sure that the residents have access to their homes, if they have already moved into the units. If the developer fails before selling any units, then there is not a problem. Mr. McKeon stated that a bond is usually required when the developer wishes to sell a unit or when he wants occupancy, but it is a difficult process to call in a
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bond. Mr. Vignaly suggested that the Board should look at the Zoning Bylaws with the idea that they may need to be amended to require a bond from residential condo developers.
AFFORDABLE HOUSING TRUST: PLANNING BOARD INVOLVEMENT
Mr. Frieden has been appointed to the Affordable Housing Trust, and will also represent the Planning Board at CMRPC. Ms. Paré stated that it is important that a Planning Board member also be a member of the Affordable Housing Trust.
RULES AND REGULATIONS…FOR INCENTIVE HOUISNG SPECIAL PERMITS: REVIEW OF DRAFT
Ref. Document: Draft “Rules and Regulations for Incentive Housing Special Permits”
A draft “Rules and Regulations” document was prepared by Ms. Paré and reviewed by members of the Board. Mr. Frieden stated that he would consider taking out Section 6. “Affordability Requirements”. Mr. Vignaly also wondered why they are needed in the Regulations. He added that reference should be made to the Housing Production Plan. Ms. Paré and Mr. McKeon agreed that this section is benign and it does no harm to leave it in the Regulations. Mr. Frieden stated that the issue of setting prices in the years ahead should be included, i.e. the “durability” of affordability. Ms. Paré stated she is no longer certain that the information found in Section 8, concerning “Inclusion in the Local Initiative Program” is still true. She stated that she had
discovered, in her research, that LIP projects include both comprehensive permits and local action projects. All requirements apply to both except for the application process. Those two types of housing are supported by the LIP process.
Section 4. “Fees” should include payment for a legal review of the Monitoring or Regulatory Agreements, Mr. Vignaly suggested. The only responsibility of the Board of Selectmen in this process is to sign the Regulatory Agreement, Ms. Paré stated. The language concerning the “Construction Schedule” was taken from the “Smart Growth Model, Inclusionary Zoning Bylaw”, Ms. Paré stated. It should be added in Section 9.3. “Elements”, Mr. Frieden stated.
Mr. Vignaly stated that he was having trouble with “the flow” of the document. The application process should be first and Section 8. should be at the front. (Or, insert an introduction and leave Section 8. where it is). Information on the application and its distribution, then the review, public hearing and the Appendix should be the order, Mr. Vignaly stated. Additional Forms included in the Appendix A. section should be the Application Form and the Standard Permit Form. Mr. Frieden suggested that a flow chart could be included, describing the process. Mr. McKeon asked whether a “Definitions” section should be included. Ms. Paré stated that she is more concerned about what is not in the document. There are not a lot of descriptions of what a Special Permit looks like. Also, the information on Page 9.may be out of date, she stated, because it came from Kopelman & Paige several years ago. Ms. Paré stated that she may have to contact the
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DHCD and ask about the process for local action units. Ms. Paré will continue to revise the draft based upon the discussion this evening.
UPDATE: 1.5% LAND CALCULATION
The data collected in support of the 1.5% land calculation was completed and emailed to CMRPC.
OLD BUSINESS
Update: Housing Production Plan: Ms. Halpin continues to work on the re-write of the Plan. The Executive Summary and the Introduction have been completed.
Zoning Issues: Gerardo’s and Dairy Queen: Mr. McKeon stated that the comments of the Building Inspector were as he expected. When West Boylston Seafood expands, a plan will be submitted for parking on the paper street. At this point, the queuing problem at Dairy Queen seems to be a traffic matter for the police to oversee. Pediatric Behavioral Services: When the renovations were being made to their building, the owners told the Planning Board that only 14 parking spaces would be needed so they were not required to go through Site Plan Review, yet a new parking area has now been opened up.
REPORTS FROM OTHER BOARDS
Open Space Implementation Committee: Although Mr. Gaumond suggested that the Conservation Commission maintain the updated list of Conservation Restrictions in town, Dr. Tashjian feels that it would be more appropriately maintained by the Open Space Committee. He will email Mr. Gaumond with this suggestion.
CMRPC: Mr. McKeon attended the annual meeting of CMRPC held at the Manor Restaurant.
STAR TOWER
Mr. Amico sent an email inquiring as to the status of the Star Tower project. He suggested that the Board ask them to complete the paving. Mr. McKeon will contact Mr. Amico and suggest that he forward to the Star Tower engineer a copy of his email.
PAYMENT OF INVOICES/REVIEW OF MINUTES OF JUNE 8, 2011
An invoice was approved for payment to VHB for engineering services. Upon motion of Ms. Paré and second of Mr. Frieden, it was unanimously voted to approve as amended the Minutes of the June 8, 2011 Meeting of the Planning Board.
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At 9:15 p.m., upon motion of Mr. Vignaly and second of Mr. Frieden, it was unanimously voted to adjourn.
Date Accepted:______________ By:__________________________
Karen Paré, Clerk
Submitted By:_____________________
Susan Abramson
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