MINUTES OF THE PLANNING BOARD MEETING
JANUARY 26, 2011
MEMBERS PRESENT: Chair Vincent Vignaly, Patricia Halpin, Patrick McKeon, Karen Paré, Lawrence Salate
MEMBERS ABSENT: None
OTHERS PRESENT: Mark Frieden
All documents referenced in these Minutes are stored and available for public inspection in the Planning Board office, 127 Hartwell Street
Goodell Development LLC: Return of Performance Bond
Ref. Document: Form K, Performance Secured by Lender’s Agreement,
Dated Feb. 11, 2009
By email dated January 9, 2011, Ms. Paré asked Mr. Westerling to certify that no defects exist in the roadways of the Century Farm development and no repairs are needed now, more than 12 months after the roads have been accepted. She also prepared a draft letter to accompany the return of the Form K, Performance Secured by Lender’s Agreement, in the amount of $25,000. This will be sent to United Bank upon Mr. Westerling’s certification. No complaints have been heard about the roads in the past year. Upon motion of Ms. Paré and second of Mr. Salate, it was voted (four ayes) to release the bond. Mr. McKeon asked to be recused. The members of the Planning Board signed the letter in anticipation of Mr. Westerling’s response. If no response is received in a timely
manner, the document will be returned to the bank.
NEW BUSINESS
Schedule Public Hearing: Amendments to Section 2.5 A of the Zoning Bylaws
The Board of Selectmen has requested that the Planning Board hold a public hearing to consider amending Section 2.5 A of the Zoning Bylaws to conform to the new Flood Insurance Rate Map and Flood Insurance Study. Ms. Paré will prepare the wording for the amendment. The public hearing will take place March 9, 2011 at 7:00 p.m.
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Extension of Subdivision Plan: Worcester Corporate Center
Ref. Document: Letter dated 12/9/10: Donna Truex, Bowditch & Dewey
By letter dated December 9, 2010, Ms. Donna Truex of Bowditch & Dewey informed the Board that the Approval for the Definitive Subdivision Plan for the Worcester Corporate Center was automatically extended until February 1, 2014 due to the passage of the Permit Extension Act, Section 173 of Chapter 240 of the Acts of 2010. This Act operates to automatically extend regulatory approvals in force during the period August 15, 2008 through August 15, 2010, for a period of two years.
OLD BUSINESS
Closure of River Road: Role of Planning Board
Mr. Vignaly will send out another, follow-up email requesting details of the proposed closure of River Road. Mr. Salate stated that the Transportation Committee was asked to come up with a plan for the closure and that the Committee will be meeting in the near future. A legal definition for the closure is needed, Mr. Vignaly stated, and Ms. Paré added that Town Counsel needs to look into ownership of the land. If the road closes, will ownership revert to the DCR? There are questions about the transfer of the deed when the County turned over the land to the town. There is also a need for an engineering survey of the property and a rationale for the closure, Ms. Paré added.
Schedule Public Hearing: Zoning Change Sec. 1.4 C of the Zoning Bylaws
The Board of Selectmen has requested that the Planning Board hold a public hearing to consider amending Section 1.4 C of the Zoning Bylaws to replace the words “Board of Selectmen” with “Building Inspector” , as the entity who “may permit a non-conforming temporary building or use incidental to the development of a neighborhood…” The public hearing was scheduled for March 9, 2011 at 7:10 p.m. Mr. Vignaly will prepare a description of the amendment, which wording will be used in the notice of public hearing.
Proposed Wind Turbine Bylaw: Review of Past Discussions
Mr. McKeon reported that he recently attended a seminar held by CMRPC on the topic of wind technology at which local wind projects were discussed. He noted that there is a model zoning ordinance online which should be reviewed. Any bylaw needs to make a provision for a “testing” or wind monitoring pole. Mr. Frieden reported that, as a member of the Sustainability Committee, he had done some research on the topic but no definitive information has been received by the Planning Board. Mr. McKeon will request, via email, that Mr. Gaumond assist the Planning Board in contacting the Sustainability Committee for their input on any proposed bylaw. A “Memorandum”, dated January 20, 2011, was
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received from Kopelman and Paige, P.C. concerning “Siting Solar and Wind Energy Facilities Under the State Zoning Act and the Green Communities Act”.
Chapter 40B: Questions re Financing and Monitoring
No response has been received to the questions posed in Mr. Vignaly’s email of November 16, 2010 to the Town Administrator, the Building Inspector, Ms. Settles and various other town boards, concerning questions raised by the Planning Board about the financing and monitoring of Chapter 40B projects in town, especially relative to Freedom Village. The DHCD has provided no information either. Mr. Vignaly will send a follow-up email to the same parties, and will copy federal representatives, such as Rep McGovern.
Housing Production Plan: Discussion of Updates
Ref. Document: West Boylston Housing Production Plan 2010 (“HPP”)
Mr. Vignaly and Ms. Halpin spent many hours reviewing the proposed HPP, in particular Appendix E, the land area calculation. The most significant finding, he stated, is that the town seems to meet the Chapter 40B standard that 1.5% of the available town land be in “Affordable Housing”, so that appeals cannot be made to the state by developers. Conservation land such as the Kent property on Lee Street and “water” property of 50 acres should be added to the calculation. State land (the jail) and federal land, as well as acreage on Lancaster Street, Ardmore Road and Fairbanks Street, which were purchased by the DCR, should also be included when determining the amount of town land actually available for development. CMRPC needs to check out all of this property, as well as Conservation Restrictions
at Angell Brook and Hillside Village. The cemetery, railroads and power lines also need to be included.
Ms. Paré noted that the Housing Authority needs more Section 8 projects. This may be an area that should be further explored in order to bring in more money. The possibility of developing affordable housing for the elderly at the site of the Mixter Building is a proposal that merits serious discussion. Maple Street collects such a small amount of rent that repairs and upkeep are ill-afforded. In conclusion, this document should be a housing “needs assessment” which accurately describes the current housing situation. Ms. Halpin stated that the document should reflect the point of view and housing goals of the residents of the town. The Mixter project should be pursued regardless of whether the town meets the 1.5% standard, she added.
Further comments on the HPP included the suggestion that SHI numbers need not be mentioned so often but they should be checked. The question was asked whether the data included in this HPP should be updated since the summer of 2010. Mr. Vignaly stated that the end of the calendar year should be the cut-off date for the data. If the town does not meet the 1.5% standard, then it is our intended goal to increase affordable housing by 0.5%
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per year and not 10% in five years, Ms. Paré stated. The use of more graphs instead of all the tables may help to clarify the presentation of some of the data, Mr. Vignaly stated.
Ms. Paré stated that she is still not clear what the town’s actual housing needs are and Ms. Halpin stated that data is needed to define and support with evidence the perceived housing needs. Mr. Vignaly will send out an email with comments on his revisions as well as a summary, to various administrators and board members, as well as Ms. Settles, all of whom will be attending a meeting on February 7, 2011 to revise the HPP.
Reports From Other Boards
Economic Development Task Force will meet on Monday, Mr. McKeon reported, to discuss the slogan results and hear from Ms. Rosemary Scribbens from the Mass. Office of Business Development. The location of the “West Boylston” signs will also be discussed.
Open Space Advisory Committee: Mr. Vignaly reported that the acquisition of the Kent property on Lee Street has been completed. The Greater Worcester Land Trust and the Water District will both hold Conservation Restrictions on the property.
Review of Draft Minutes of 12/8/10/Approve Payments to VHB for Engineering Review Services
An invoice for payment to VHB for engineering services was presented and approved for payment. Upon motion of Mr. Salate and second of Mr. McKeon, it was unanimously voted to accept as amended the Minutes of the December 8, 2010 Meeting.
At 9:30 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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