MINUTES OF THE PLANNING BOARD MEETING
APRIL 25, 2012
MEMBERS PRESENT: Patrick McKeon, Marc Frieden, Karen Paré, Vincent Vignaly, Lawrence Salate
MEMBERS ABSENT: None
OTHERS PRESENT: None
All documents referenced in these Minutes are stored and available for public inspection in the Planning Board office, 127 Hartwell Street
DISCUSSION OF PROPOSED CHANGES TO SECTION 2.7 OF THE ZONING BYLAWS:
WIRELESS COMMUNICATIONS SERVICES DISTRICT
In response to a March 20, 2012 advisory letter from Kopelman & Paige on “Telecommunications Act Amendment – Existing Facilities – Approval of Modification”, Mr. McKeon prepared for discussion draft changes to the Zoning Bylaws, Section 2.7, so that co-locators must make application to the Planning Board for a Special Permit only if the Building Inspector determines that the modifications would “substantially” change the physical dimensions of the existing tower. Ms. Paré reported that she had discussed the proposed change with the Building Inspector and he stated that he would like a clear delineation of what is required for a co-location. He would like to see a separate section of the Bylaws strictly concerning co-location. If he determines that there are substantial changes
requiring a Special Permit, the applicant should be allowed to appeal his decision to the ZBA. Ms. Paré noted that all applicants must apply for a Building Permit, so the Building Inspector will be aware of all co-locations.
The sentence, “All co-locations shall have the same lease term” will be deleted from the text of the current Section 2.7 4.) a.). Mr. Vignaly proposed that the changes be made and discussed at the next meeting of the Board. Ms. Paré will prepare the changes and forward them to Mr. McKeon for review.
Minutes of the Planning Board Meeting 2.
April 25, 2012
ACCEPTANCE OF F/Y 2011 ANNUAL REPORT
Ms. Paré prepared the Fiscal Year 2011 Annual Report of the Planning Board and presented it to the Board for review and discussion. The Board accepted the Report with thanks to Ms. Paré for preparing it.
16 HERITAGE LANE: DISCUSSION OF PROPOSED FORECLOSURE
A communication was received from the Department of Housing and Community Development that the property being foreclosed at 16 Heritage Lane was purchased for a sum less than the fair market value and carries a Deed Rider requiring that the property be sold in the future only to an eligible purchaser located by DHCD or the town. DHCD will ensure that the deed rider is not extinguished by the foreclosure.
OLD BUSINESS: HOUSING
Status of Housing Production Plan (“HPP”): Mr. Vignaly reported that the HPP is 80% complete. He now has the census data and hopes to have it incorporated and ready for review on June 13th. The focus will be the actual needs of the town and not those needs that the state dictates. The suggestion will be made not to have Section 8 housing in town. There are conflicts at Orchard Knolls between the needs of the elderly population and those of the families. There is available land in the back section of Orchard Knolls where additional housing can be constructed and the two different populations separated. Mr. Vignaly stated that he wants all the town boards and applicable departments involved in the review of the HPP.
Status of the 1.5% Land Exemption to 40B Housing: Mr. Vignaly stated that he is still waiting for information from the Assessor’s office on what percentage of town land is owned by the state or the county. He doubts the town will meet the 1.5% exemption due to the loss of the Oakdale affordable project. Ms. Paré stated that she has data from 2007. All the Assessor can get is data on the assessed land. Mr. Vignaly stated that he can get the water area and the area owned by the DCR. Mr. Salate inquired whether paper streets have been included and Mr. Vignaly stated that they were taken out with the roads. Mr. Vignaly and Ms. Paré will continue to work on getting the necessary data to determine the percentage of land exemption.
Status of Regulations for Incentive Zoning: Incentive Zoning Regulations were discussed last year but never finalized. Ms. Paré will research the latest draft and the topic will be discussed at the next meeting of the Board.
Sign ByLaw: Changes to the Sign Bylaw also need to be discussed at a future meeting.
Accessory Apartment Bylaw: Mr. Vignaly sent out proposed changes to other boards and departments for review.
Minutes of the Planning Board Meeting 3.
April 25, 2012
Ms. Paré also stated that she is working on the Land Use portion of the Master Plan.
Receipt of Removal Bond: MetroPCS: MetroPCS submitted the required $5,000 removal bond for their co-location on Century Drive. The signed Approval was sent to the applicant. The original bond will be turned over to the Town Treasurer for recording and safekeeping.
NEW BUSINESS:
West Boylston Achieves Biotechnology Ready Designation: By Memo dated April 13, 2012, Mr. Gaumond announced that the town has received word that its application to the Mass Biotechnology Council has been positively received and the town has achieved “Bronze” status as a Bio-Ready Community. He suggested that the remaining site on Century Drive would be a prime location for a biotech company. Mr. McKeon noted that the EDTF is attempting to make West Boylston an “economic target area”.
REPORTS FROM OTHER BOARDS
ZBA: Letter re 68 Newton Street: A letter was sent to the ZBA, dated April 13, 2012, by the Chair, noting that certain sections of the Bylaws should be reviewed by the ZBA during their deliberations at the public hearing on the application for a Special Permit for an accessory apartment at 68 Newton Street. It is unclear what transpired at the public hearing (or whether a public hearing was held).
OTHER TOPICS NOT REASONABLY ANTICIPATED BY THE CHAIR
Dairy Queen: Mr. Salate noted that he has heard complaints from abutters and neighbors of the Dairy Queen, that trash is blowing on their property and headlights are shining onto their yards. Trees planted as a buffer will eventually block the headlights but there is no easy solution to the trash situation. Ms. Paré suggested that the neighbors write a letter to Dairy Queen, noting their concerns and copy the Planning Board, the Building Inspector and the Town Administrator. They should ask Dairy Queen to make sure that their dumpsters are secure.
Wachusett Plaza: Ms. Paré stated that she has learned from the town Treasurer, Ms. Yasick, that many people are receiving parking tickets at Wachusett Plaza for parking in handicapped spots. Lines need to be repainted to make the location of the handicapped spots clearer. Lines also need to be relined in front of Vivians. Mr. Vignaly will email Mr. Surabian concerning this issue. He will also check on the construction of the rain garden, which he believes not to be per DEP standards.
Minutes of the Planning Board Meeting 4.
April 25, 2012
PAYMENT OF INVOICE TO VHB/REVIEW OF MINUTES OF MARCH 28, 2012
An invoice was approved for payment to VHB for engineering services. Upon motion of Mr. Frieden and second of Ms. Paré, it was unanimously voted to approve as written the Minutes of the March 28, 2012 Meeting of the Planning Board.
At 8:40 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
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