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Planning Board Minutes 09/14/2011
MINUTES OF THE PLANNING BOARD MEETING

SEPTEMBER 14, 2011


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

MEMBERS ABSENT:  None

OTHERS PRESENT:  Wayne Amico, Michael Kane

All documents referenced in these Minutes are stored and available for public inspection in the Planning Board office, 127 Hartwell Street

NEW CINGULAR WIRELESS:  SIGN AMENDED SPECIAL PERMITS:  BEAMAN STREET AND LAWRENCE STREET CELL TOWERS

Following the vote taken at the August 10th meeting of the Planning Board to grant Amended Special Permits to New Cingular Wireless (DBA AT&T) to collocate on the cell towers on Beaman Street and Lawrence Street, Ms. Paré prepared draft Amended Special Permits for the Board’s review.  Following a brief discussion, it was agreed to sign the drafts and issue the Special Permits.

DISCUSS MINOR CHANGES TO ZONING BYLAWS:  SECTION 2.5, FLOOD PLAIN OVERLAY DISTRICT

Town Administrator, Mr. Gaumond, has asked that the Planning Board consider holding a public hearing in order to make two small changes to the language in the recently amended section of the Bylaws on the Flood Plain District.  In Section 2.5 D.1., in the first line, add the word “are” after the words “base flood elevations” and also in that line, to change the word “determinate” to “determination”.  Upon motion of Mr. Vignaly and second of Mr. Salate, it was unanimously voted to hold a public hearing on October 12, 2011 at 7:00 p.m. to discuss these proposed changes.  Mr. Gaumond has agreed to pay for the advertising of the public hearing from Town Administrator funds.




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September 14, 2011


DISCUSSION OF PRIORITY DEVELOPMENT FUND PLANNING ASSISTANCE

Mr. McKeon stated that this is a discussion proposed by Ms. Halpin concerning available funds from CMRPC.  Since Ms. Halpin was not at the meeting, it was decided to table the discussion.

OLD BUSINESS

Housing Production Plan:  Mr. Vignaly reported that progress on the Housing Production Plan (“HPP”) has been stagnant because of problems with the census data.  There is a huge amount of data but there are difficulties interpreting it.  Ms. Paré reported that the Town Wide Planning Committee was cancelled so there was no opportunity to meet with the census specialist.  Mr. Vignaly reported that he studied the HPP’s from Concord and their numbers for 40B’s and the jail.  There will be a CMRPC workshop on September 20th from 8:30 a.m. to 1:30 p.m. on the topic of census data.  Both Ms. Paré and Mr. Vignaly are interested in attending.

Further Discussion of West Boylston Funding Ideas:  Following up on the discussion last meeting with Ms. Domigan, Mr. Vignaly stated that the town needs preliminary designs before it can go ahead and apply for funds for Mixter and the widening of Route 140.  Mr. Salate stated that, as a member of the Sidewalk Committee, he accompanied Mr. Gaumond, the Fire and Police Chiefs, a representative from CMRPC and from the DOT on a tour of Route 140/Route 12.  Much of the discussion centered around signage.  The Police Chief pointed out problems with the intersection of Routes 12 and 140, especially with the signal lights.  Mr. Frieden suggested that the proposal to the state be rewritten to put this matter on a higher priority.  Mr. Salate stated that Chief Minnich and Mr. Baruzzi, DPW Director, are looking into this.  Mr. Vignaly queried whether the Planning Board needs to encourage this action and Mr. Frieden stated that it is not yet far enough along to endorse.  Mr. Salate stated that the current construction activity on Route 140 is to “T” off the intersections of Maple and Worcester Street to make them less dangerous and more easily negotiated.  

REPORTS FROM OTHER BOARDS

ZBA:  The ZBA will hold a public hearing on September 22, 2011 on the Petition of John and Cathy Hadley, 151 Malden Street to construct a new garage on their property that includes an accessory apartment.  Ms. Paré stated that the Bylaw for accessory apartments intends that the apartment be a part of the main house, not more than 10% of the floor plan and 700sf or less; but that is not how the Bylaw is being interpreted.  The Special Permit that is granted goes with the owner, not the property.  It appears that a Variance is needed for two habitable buildings on this site. This Petition also does not comply with the Zoning Bylaws.  There seems to be a need to rewrite the Zoning Bylaw to reflect what is actually being done in town and bring the proposal to Town Meeting.  The


Minutes of the Planning Board Meeting                                           3.
September 14, 2011

voters will then have the option to choose how this issue will be handled.  Ms. Paré queried how to differentiate between two-family housing and an accessory apartment.  Is the intent of the bylaw what people still want?  Mr. Vignaly asked whether the Board wishes to send a letter to the ZBA suggesting that the applicant needs a Variance.  Ms. Paré stated that she would like to send a letter because the Bylaws limit one habitable dwelling per lot and the proposed plan doesn’t meet this requirement.  The garage/apartment is not a part of the main structure.  Mr. Vignaly agreed to draft a letter for Mr. McKeon’s signature.  Upon motion of Mr. Vignaly and second of Ms. Paré, it was unanimously voted to authorize the Chair to sign and send a letter to the ZBA regarding the Petition for a Special Permit for 151 Malden Street.

Economic Development Task Force:  Mr. McKeon reported that the brochures have been printed and are being given to local realtors and others in a position to promote the town.  He presented a copy of the brochure for the Board’s perusal and gave a copy to Mr. Kane of “The Banner”.

OTHER TOPICS NOT REASONABLY ANTICIPATED BY THE CHAIR 48 HOURS BEFORE THE MEETING

Sewer Capacity:  Ms. Paré stated that the Board of Selectmen met on September 17th and discussed sewer capacity following a presentation by Weston & Sampson. The Board of Selectmen wishes to get a hold of the issue of capacity, Ms. Paré stated, and then the issues raised by the Planning Board can be better addressed.  A discussion of sewer capacity  will be put on the agenda for the next meeting.

As-Built Plans:  Mr. Vignaly inquired whether there is a list of projects which still need to submit as-built plans.  Ms. Paré stated that she heard from the Building Inspector that Gerardo’s and West Boylston Seafood have a case in Land Court seeking determination of ownership of the strip of land that is currently being used for parking between their two businesses. Following resolution of this question, the owners plan to prepare an amended site plan.
 
PAYMENT OF INVOICES/REVIEW OF MINUTES OF AUGUST 10, 2011

An invoice from VHB for engineering review services was approved for payment.  Upon motion of Mr. Vignaly and second of Mr. Salate, it was unanimously voted to approve as amended the Minutes of the August 10, 2011 Planning Board Meeting.  Upon motion of Ms. Paré and second of Mr. Frieden, it was unanimously voted to approve as amended the Minutes of the August 10, 2011 Public Hearing for Beehive Builders:  Application for Site Plan Review.  

At 9:50 p.m., upon motion of Mr. Vignaly and second of Mr. Salate, it was unanimously


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September 14, 2011

voted to adjourn.



Date Accepted:___________                       By:____________________________
                                                              Karen Paré, Clerk


Submitted By:_______________________
                   Susan Abramson