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Planning Board Minutes 11/14/2012
MINUTES OF THE PLANNING BOARD MEETING

NOVEMBER 14, 2012


MEMBERS PRESENT:  Chair Marc Frieden, Chris Olson, Patrick McKeon, Vincent Vignaly

MEMBERS ABSENT:  Karen Paré

OTHERS PRESENT: None

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

BUSINESS LICENSE RENEWALS:  REVIEW OF APPLICANTS

A request was received from Ms. Lucier, Municipal Assistant, to review the listing of businesses scheduled for renewal and determine whether any have issues with our Board which might affect their renewal.  Gerardos, Fynders and Keepers all have incomplete site plan reviews and concerns with parking.  Nouria Energy (the Shell Gas Station) has had frequent sign violations.  Mr. Frieden will respond to Ms. Lucier and let her know the results of the discussion.

REVIEW OF MEETING WITH TOWN ADMINISTRATOR RE ZONING ENFORCEMENT ISSUES

Mr. Frieden met with the Town Administrator and the Building Inspector to discuss outstanding issues with zoning enforcement that have become a concern of the Planning Board.  The most significant issue concerns the temporary occupation permit given by the Building Inspector to the property at 242 Woodland Street.  The developer has consistently ignored requests by the Planning Board to have the site’s infrastructure inspected, in accordance with the town’s Zoning Bylaws. Mr. Brodeur understands the concerns of the Board, however he believes that he cannot legally deny the owner the ability to conduct business on the site.  He added that some of the interior inspections have not yet been completed.  The occupancy permit remains temporary.



Minutes of the Planning Board Meeting                                   2.
November 14, 2012

The illegal parking between Gerardo’s and West Boylston Seafood will be pursued by Mr. Gaumond.  Supposedly, the matter of the “paper street”, where the parking takes place, is being pursued in Land Court.  Mr. Gaumond will secure the docket number of the case so it can be determined whether any progress is being made.  The owner of Gerardo’s contends that he cannot do anything about the parking situation until the matter is settled in Land Court. Mr. Vignaly stated that there is still parking in the setback and the abutter’s setback, which is illegal no matter where it takes place.  Mr. McKeon added that Mr. Gerardo should, at the least, be made to put up screening (arbor vitae, for example) around the area facing the neighbors.

Mr. Vignaly stated that there is also parking in the setback at the Pediatric Center. Mr. Frieden added that the illegal sign across the street for Pinetree Landscaping has remained for months on the side of the truck that is parked there. The illegal signs at Dairy Queen and the nearby hot dog stand were also discussed at the meeting.  Both entities have been fined by the Building Inspector.  The Building Inspector noted that citizen complaints make it easier for him to pursue zoning infractions so that his actions do not appear to be harassment.  He noted that zoning enforcement is his third assignment.  There are online forms on which citizens can complain.  Mr. Brodeur stated that seeing more than one complaint makes him more apt to respond.  Mr. Vignaly noted that it is his belief that the Building Inspector must by law respond to complaints within 21 days.  Mr. Brodeur expressed the hope that the new permitting software that is being installed will make it easier to determine problem areas.

OLD BUSINESS:  242 Woodland Street:  Engineer’s Letter, Inspection Issues

No stamped letter has been received from the engineer representing 242 Woodland Street, certifying that the construction has been completed in “substantial compliance” with the approved plan.  Mr. Frieden asked Mr. Amico to see that the letter gets submitted.  VHB is sending out an inspector to the site today.

Televising Planning Board Meetings:  Response from Town Administrator

Mr. Frieden will communicate with the Town Administrator, informing him of the results of the Planning Board discussion of the matter of televised meetings, which took place on October 26th.

REPORTS FROM OTHER BOARDS

Mr. Vignaly stated that he will be attending the meeting of the CMRPC Central 13 on November 28th at Union Station, when the group’s list of priority projects will be announced.

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


Minutes of the Planning Board Meeting                                           3.
November 14, 2012


CMRPC has asked for an immediate vote from its member municipalities to obtain authorization to apply for one million dollars for hazardous waste cleanup funds from the EPA, to be used for grants and loans to its member communities.  Chapter 40B gives Regional Planning Commissions the authority to do so, however, no formal vote has been taken to adopt this activity.  Upon motion of Mr. Olson and second of Mr. McKeon, it was unanimously voted to give CMRPC the authority to apply for these funds.

No one entered the lottery for the subsidized units available at Afra Terrace.

PAYMENT OF INVOICES/REVIEW OF DRAFT MINUTES OF OCTOBER 24, 2012

An invoice from VHB for engineering review services was approved for payment.  Upon motion of Mr. Olson and second of Mr. McKeon, it was unanimously voted to approve as amended the Minutes of the October 24, 2012 Meeting of the Planning Board.

At 7:45 p.m., upon motion of Mr. Olson and second of Mr. McKeon, it was unanimously voted to adjourn.

Date Accepted:___________                       ________________________________
                                                        Patrick McKeon, Clerk


Submitted By:_______________________
                   Susan Abramson