MINUTES OF THE PLANNING BOARD MEETING
OCTOBER 12, 2011
MEMBERS PRESENT: Chair Patrick McKeon, Marc Frieden, Karen Paré, Vincent Vignaly, Lawrence Salate
MEMBERS ABSENT: None
OTHERS PRESENT: Kevin McCormick, Andy Beardsley, Hossein Haghanizadeh, Crystal Carr
All documents referenced in these Minutes are stored and available for public inspection in the Planning Board office, 127 Hartwell Street
The Chair opened the meeting at 7:00 p.m.
FINDERS PUB: DISCUSSION WITH OWNER
Mr. McCormick brought the site plan for Finders Pub to the meeting and described what changes have been made since receiving Site Plan Approval. Catch basins and dry wells have been installed and all drainage work has been completed. A snow storage area has been cleared behind Orciani’s Welding and the driveway has been expanded to 24’ wide. Since Mr. McCormick now owns the adjoining property (“Keepers”), there are no longer any encroachment issues with angled parking behind Finders on the south side along the back of the Keepers building. A sidewalk was installed leading from Finders to Keepers. A fire lane was created along the south side of Finders.
Having sufficient parking remains an issue. There are 89 parking spaces (21 more than the required 68 spaces), but Mr. McCormick is still paying to lease a lot for employee parking, further down Route 12. There is a small area at the rear of the property, which Mr. McCormick may be able to lease from the owner and fill in with pea stone. Mr. McCormick asked for feedback from the Planning Board on ways to expand the parking within the parameters of the site plan. Ms. Paré stated that the Board’s concerns are access for emergency (fire) vehicles and safe ingress and egress for customers and employees at the restaurant. There is the possibility that parking plans for Finders and Keepers could be
Minutes of the Planning Board Meeting 2.
October 12, 2011
combined. Mr. Vignaly suggested that Mr. McCormick ask his engineers to come up with a draft sketch(es) of proposals for changing the parking. He cautioned that a portion of the back lot may be affected by the Cohen Bill. A public hearing may be required if major changes are made and more than 15 parking spaces added. However, if the lots are connected and a few more spaces added, a public hearing may not be required. Ms. Paré cautioned that the Fire Chief needs to be satisfied that both buildings are accessible in the event of an emergency. Mr. Frieden suggested that Mr. McCormick also submit a letter stating his knowledge of and agreement with parking encroachment against the side of the Finders building.
BEEHIVE BUILDERS APPLICATION FOR SITE PLAN REVIEW: SIGN APPROVAL
Mr. Haghanizadeh, engineer for the applicant, attended the meeting and brought with him the soil log forms for the most recent testing. He also resubmitted the same letter (dated September 28, 2011) that was submitted previously, explaining the testing process. Apparently, the June soil evaluator had another commitment, so she sent her husband to check the holes and he never went into the holes to look at the soils. On September 16, 2011, Shelley E. Hammond, SE#993, performed three additional test pits and HS&T Group was there to observe. “It was determined that groundwater was much deeper than the original testing indicated”, the letter stated. Two additional tests were performed on 9/22/2011. Mr. Haghanizadeh stated that the soil is Type A, with pockets of shale.
Mr. Vignaly observed that the soil test logs from Ms. Hammond are unsigned. Ms. Paré reminded Mr. Haghanizadeh that his engineer, Ms. Wilson, had promised to get the Board and VHB these results the day after the last meeting (September 29th) so the Planning Board and VHB would have the opportunity to review them. Mr. Salate stated that it is his understanding that all test pit results need to be counted when evaluating the type of soil present. Mr. Vignaly stated that he wants to see a letter from HS&T Group explaining that the two original pits were evaluated by a non-certified employee of Clearwater Environmental, and so the results need not be counted.
Mr. Haghanizadeh agreed to submit this letter tomorrow (Thursday, October 13, 2012) along with a signed (by Ms. Hammond) Form 11, “Soil Suitability Assessment for On-Site Sewage Disposal”. At that time, the Site Plan Approval will be released to Mr. Beardsley. The Planning Board members then signed four copies of the approved plan.
DISCUSSION OF RAMIFICATIONS OF SEWER CAPACITY
Mr. Vignaly suggested that the Planning Board send a letter to the Board of Selectmen detailing the questions the Board would like to see answered by Weston and Sampson about sewer capacity. Ms. Paré stated that she thinks the Selectmen have finished discussing sewer capacity, but she would like to know, for economic development reasons, what the capacity is in certain parts of town where a large development is possible. If an applicant comes in with a proposal for a large hotel, for instance, will the sewer be able to
Minutes of the Planning Board Meeting 3.
October 12, 2011
handle the increased usage. The Board needs to consider the type of development and if it will actually benefit the finances within the town. Lots that have changed their use, such as West Boylston Seafood, generate a greater flow than that for which the lot was originally calculated (residential). Although this business is clearly a benefit to the community, it affects the remaining reserved capacity, Mr. Vignaly stated. The plan for the Village at Oakdale contains over 100 residential units on land assumed to have nine residential lots. The case is similar for Franklin Village. Mr. Vignaly will draft a letter to the Board of Selectmen for review at the next meeting.
DISCUSSION OF PROPOSED ACCESSORY APARTMENT BYLAW AMENDMENT
Ms. Paré presented for review and discussion, a “Model Bylaw for Accessory Dwelling Units” which she obtained from the “Smart Growth/Smart Energy Toolkit”. She noted that accessory apartments that are not located within a single family dwelling are allowed in this model only by Special Permit of the Planning Board. Mr. Vignaly queried whether the Planning Board would want to be the granting authority. Ms. Paré stated that the ZBA is the right board to be the granting authority for this Special Permit. The Board needs to determine the “trigger” for Special Permits. Apartments can be restricted to just family members, however, that restriction would be impossible to enforce. The most difficult distinction to make is between the definition for an accessory
apartment and that of a two-family dwelling. The “definitions” section of the bylaw needs to be especially clear. The Board of Health would support the proposal to limit the apartment to one bedroom, Ms. Paré stated. If the accessory apartment is created within the home, “As-of-Right” permitting (with review by the Building Inspector) will facilitate the permitting process and encourage the creation of units that have limited impact as seen from the street. Mr. Frieden questioned whether the bylaw should address the issue of “income generating” so that the apartments are created for family members and don’t become income-producing rental units. This requirement could be stated in the “Definitions” section.
Ms. Paré noted that this model is a generous bylaw. The Planning Board needs to determine what can be enforced, such as the size of the apartment. In the past, people have applied for accessory apartments in accessory buildings. The question of whether an accessory apartment should be allowed in an accessory building should be put on the floor at Town Meeting, Ms. Paré stated. Other restrictions could include the disallowance of any expansion after the apartment plan has been approved and no more than three people living in an apartment with only one bedroom. Off-street parking is assumed, because on-street parking overnight is not allowed in West Boylston. The model states that the apartment should be no larger than 900 sf with an entrance on the side or the back. Only one accessory
apartment is allowed per single family house lot. Mr. Vignaly volunteered to prepare a draft bylaw for the December meeting.
DISCUSSION OF OUTSTANDING AS-BUILT PLANS
The following projects have not yet submitted as-built plans:
Minutes of the Planning Board Meeting 4.
October 12, 2011
16 Woodland Street: Site Plan Approval was granted 6/2010 and will be in effect until 6/2012, due to a state regulation allowing an extension due to the suffering economy. Construction has not yet begun.
Angell Brook and Hillside Village: No as-built plans yet received.
Finders Pub: Potential changes being discussed with owner.
Gates Brook: An as-built plan was submitted in March, 2007 and reviewed by VHB. Problems with this plan were noted by VHB. Another as-built plan was subsequently submitted in March, 2011, but this plan was, in essence, the same as the previous plan. Ms. Paré will review the correspondence from VHB and send a follow-up letter to Mr. Evangelista.
Letters will also be sent to Mass Materials Research, Webster Credit Union and Meadowbrook Plaza.
REPORTS FROM OTHER BOARDS
Affordable Housing: Ms. Paré met with Ms. Isgro and Mr. Gaumond to discuss SHI units in town. The goal is 272 units. Currently, there are 130 (including Franklin Village, nine from Afra Terrace and another five from the DMR). The town is currently at about 5%, which is a lower figure than previously calculated because the Oakdale project has been removed until it is actually built. Mr. Vignaly is still collecting data for the 1.5% land exemption, as well as working on the draft Housing Production Plan.
Open Space and Planning Implementation Committee: The committee met recently and discussed its willingness to maintain Conservation Restriction records for the town, Mr. Vignaly reported. He communicated that offer to Mr. Gaumond, who is taking it into consideration. The committee will be meeting with the Agricultural Commission to discuss a proposed bylaw for keeping chickens.
Affordable Housing Trust: Mr. Frieden reported that the Trust met recently and discussed plans to construct an affordable unit at Orchard Knolls, using funds from the Trust. This unit would be for the elderly and the building could also possibly house the senior center. Ms. Paré stated that she mentioned to Mr. Gaumond that the town-owned plot of land at the corner of Evans and Prospect Street would be a good place to consider donating to Habitat for Humanity or constructing an LIP.
PAYMENT OF INVOICES/REVIEW OF MINUTES OF SEPTEMBER 28, 2011
No invoices were submitted for payment. Upon motion of Ms. Paré and second of Mr. Salate, it was unanimously voted to approve as amended the Minutes of the September 28,
Minutes of the Planning Board Meeting 5.
October 12, 2011
2011 Continued Public Hearing for Beehive Builders. Upon motion of Mr. Salate and second of Mr. Frieden, it was unanimously voted to approve as amended the Minutes of the September 28, 2011 Meeting of the Planning Board.
At 10:10 p.m., upon motion of Mr. Salate and second of Mr. Frieden, it was unanimously voted to adjourn.
Date Accepted:________________ By:___________________________
Karen Paré, Clerk
Submitted By:_________________________
Susan Abramson
| 
