MINUTES OF THE WEST BOYLSTON PLANNING BOARD MEETING
MAY 11, 2011
MEMBERS PRESENT: Chair Vincent Vignaly, Patricia Halpin, Patrick McKeon, Karen Paré, Lawrence Salate
MEMBERS ABSENT: None
OTHERS PRESENT: Ron Thunberg, Dan Mercurio, Fred Thibeault, David Eckhardt
ANR: LANCASTER STREET: PUSATERI
Ref. Document: Plan of Land Located in Massachusetts owned by Vincent F. and Mary I. Pusateri, dated May 2, 2011
Mr. Ron Thunberg from Hub Survey and Mr. Dan Mercurio attended the meeting and presented the ANR Plan for a plot of land on Lancaster Street, owned by Vincent and Mary Pusateri. Mr. Vignaly asked to be recused because the property abuts DCR land. The two plots created by the ANR contain adequate frontage and access. A mylar, two copies of the plan, Form(s) A and the filing fee were submitted. Mr. Thunberg stated that he will deliver four additional copies of the plan. Upon motion of Ms. Paré and second of Mr. Salate, it was unanimously voted to sign the ANR Plan.
REVIEW OF WARRANT FOR TOWN MEETING/PREPARATION FOR TOWN MEETING
Ref. Document: Warrant: Town Meeting of May 16, 2011
Mr. McKeon stated that he attended the Bylaws Committee Meeting. Questions were raised about the proposed “Flood Plain” bylaw changes. Mr. Vignaly stated that the simple explanation for the changes is that, without approval and acceptance of the new Flood Insurance Rate Map and Worcester County Flood Insurance Report, those residents who need flood insurance will not be able to acquire it after July 1, 2011, if the town does not vote to accept the new map and WCFIR. In flood zones, flood insurance is required in order to get a mortgage.
If amendments to the proposed bylaws are made on the floor, there is a question whether the changes can make the bylaws more restrictive without input from Town Counsel. Town
Minutes of the Planning Board Meeting 2.
May 11, 2011
Counsel will be present at the meeting, so if this issue arises, the question can be posed at that time. Ms. Paré prepared a draft power point presentation for the Board’s three proposed bylaw changes. Mr. Vignaly suggested that the description for Article 36 should be less wordy, as should the one for the following Article. Ms. Paré stated that it is important to demonstrate that the changes to the Incentive Zoning Bylaw do not change what the Bylaw does. Mr. Vignaly suggested that there be a “Changes” slide, with density, more than one building per multi-family lot, and fees-in-lieu of units payments listed on the slide. Mr. Vignaly stated that he will prepare a drawing to demonstrate how the density bonus is calculated currently and as proposed (with wetlands). He proposed
showing the lots side-by-side. Ms. Paré stated her concern that this could generate more discussion. She suggested pointing out Kendall Green and Gates Brook construction as an example of what type of construction units this bylaw would change.
ANGELL BROOK: DETENTION BASIN #3
Ref. Document: VHB Review Letter dated April 19, 2011
Since Mr. Staiti is not at the meeting, Mr. Vignaly suggested that discussion of the review of Detention Basin #3 be tabled until next meeting. By that time, he hopes to have received a response letter from Mr. Staiti’s engineers at Heritage Design.
HILLSIDE VILLAGE: RELEASE OF PERFORMANCE AGREEMENT
Draft “Release & Termination” and “Release” Agreements were received by the Planning Board from Keystone Development for the release of the Triparty Agreement being held for Hillside Village. The “Release” states that the Hillside Village Condo Association agrees that construction of the roads and other municipal services is complete. Mr. Eckhardt and Mr. Thibeault attended the meeting and explained that the Condo Association wishes to take responsibility for the detention pond and feels that the $10,000 currently being held, should cover the costs of making the pond functional. Mr. Thibeault stated that the pond never empties “in 87 hours” following a rain storm. Their engineers state that the condition of the soil (clay) prevents rapid absorption. Rip-rap
laid by Mr. Staiti seems to have fixed the problem of drainage onto the Freemans’ property, abutting the site. There is a silt problem, Mr. Eckhardt added.
Mr. Vignaly stated that shortly before tonight’s meeting, he received an email from Town Counsel stating that the form of the Releases is compliant with the law and may be signed by the Planning Board (although there is no real need for the Planning Board to sign the Release by the Association Trustees. Mr. Vignaly will forward a copy of the email to Mr. Staiti. He suggested that, after Mr. Staiti and members of the Condo Association sign the Releases, they be left for the Planning Board to sign at their next meeting. Ms. Paré queried whether Commerce Bank will want the documents notarized. Mr. McKeon stated that he doesn’t believe that will be necessary, especially since it was not required by Town Counsel.
Minutes of the Planning Board Meeting 3.
May 11, 2011
HANIOTI AS-BUILT PLAN
Ref. Document: Plan of Property for Hanioti Properties: Mar. 11, 2011
VHB Review Letter of April 6, 2011
An As-Built Plan for Dairy Queen (Hanioti Properties) was submitted to the Planning Board and reviewed by VHB. Mr. Vignaly noted that traffic has been stopped on two occasions he witnessed on Route 12 in front of the Dairy Queen, while cars waited to go through the drive-up or into the parking lot. Too much was “shoe horned onto the lot”, Mr. Vignaly stated. Arrangement of the parking spaces and lack of enough spaces is creating a traffic hazard. This matter will need to be further discussed with the Building Inspector. Ms. Halpin suggested that a letter be written to the owner, pointing out the hazardous traffic situation. A letter enclosed with the Plan, sent by Matthew Brassard, PE, states that the “project has been completed in substantial conformity to the approved design”. The letter did not have Mr. Brassard’s engineering stamp affixed to it. Upon motion of Ms. Paré and second of Mr. Salate, it was unanimously voted to issue a Certificate of Completion, pending
receipt of the certified letter from Mr. Brassard. Ms. Abramson will contact Mr. Brassard and request that he affix his stamp to his letter of February 25, 2011 and return it to the Planning Board. Ms. Paré will draft a Certificate of Completion to be signed at the next meeting.
RULES AND REGULATIONS FOR INCENTIVE ZONING
No further progress has been made on this document. Ms. Paré stated that she thought of additional inclusions to be made to the Rules and Regulations as she was working on the power point demonstration for Town Meeting. The draft will again be discussed at the next meeting of the Planning Board.
OLD BUSINESS
Housing Issues: Mr. Vignaly stated that no further progress has been made on the 1.5% Land Exemption issue. Mr. Gaumond has been making progress on the status of Affordable Housing and organizing the tri-town housing committee, of which Mr. Barrell and Ms. Halpin will be delegates. The Housing Production Plan has been posted on the town’s website as a Word document, with the latest changes, Ms. Paré stated. It will need both Planning Board and Board of Selectmen approval. Mr. Vignaly stated that input is needed from the Board of Selectmen and Ms. Halpin agreed that this should come before the Planning Board holds a public hearing. Mr. Vignaly stated that a summarized version of the Housing Production Plan can be put into the Master Plan. The Board has not yet received any follow-up
from Mr. Barrell on issues concerning Chapter 40B Housing Financing and Monitoring.
Minutes of the Planning Board Meeting 4.
May 11, 2011
REPORTS FROM OTHER BOARDS
Town-wide Planning Committee: This Committee met last week, Ms. Paré stated, and the “Open Space” portion of the revised Master Plan was submitted. Results of the Census will need to be included in the revisions to the Plan.
Housing Partnership: Ms. Halpin reported that this Committee met in March, however, there was not a quorum. There is a need for more members to be on this board.
ZONING ISSUES
Il Forno has added an additional sign to the over-sized sign that is now in use.
Parking at Gerardo’s continues to be an issue. The parking is in violation of zoning.
The queue at Dairy Queen on Route 12 is a safety hazard.
INVOICES/MINUTES
Statements from the T&G and VHB were approved for payment. Upon motion of Ms. Paré and second of Mr. McKeon, it was unanimously voted to accept as amended the Minutes of the April 13, 2011 Public Hearing for Proposed Zoning Changes to the Incentive Zoning Bylaw. Upon motion of Mr. McKeon and second of Mr. Salate, it was unanimously voted to accept as amended the Minutes of the April 13, 2011 Planning Board Meeting.
At 8:55 p.m., upon motion of Mr. McKeon 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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