Planning Board Meeting Minutes

        

                                        

The regularly scheduled meeting of the Planning Board was called to order at 7:00 pm by Mrs. Terry. She stated that the meeting was being recorded and asked if anyone in the audience was recording the meeting.

1. Attended a PVPC meeting discussing Smart Growth and the benefit of creating parking districts.

2. Finalized changes to Chapter 315.

3. A new owner has purchased #55 Hudson Drive and plans to operate the same type of business allowed in the zone. The special permit goes with the property.

4. Had questions on a vacant property on #32 Sam West Road for proposed plumbing/storage building. The property is in the IR zone. The applicant was made aware that the site plan and special permit would be required.

5. Reviewed a proposed ANR revision to parcel 2.1 Hillside Road addition to the property.

6. Answered calls on Town Overlay District.

7. A “Natural” pharmacy retail sales business is locating in #549 College Highway. The property is in the BR zone. No changes will be made to the building.

8. The owners of #79 Davis Road questioned the restriction of 1,000 square feet ground mounted photovoltaic system in the Residential zone (R40). They are requesting 1,300 square feet.

 

Mr. Steve Estock of 79 Davis Road and Pamela Estock are hoping to install 1,300 square feet of solar panels on their 5 acre lot which is located in the Residential zone. Mr. Estock said that the panels cannot be seen by any of his neighbors. He said that he heats with electricity and the solar panels would help with his high electric bills. Mrs. Terry said only a site plan review is required that for less than 1,000 square feet of panels in the residential zone. Mrs. Terry said that the request made to the Planning Board was not something that can be done by the Planning Board. She said the solar bylaw committee did a great deal of research regarding the needs of the average home before they came to the conclusion to limit homes in all the residential zones to 1,000 square feet of ground mounted solar panels. Mrs. Estock said her neighbors were in support of the project. She said that it will not affect anyone but us. She said that she did not understand the section in the bylaw. Mrs. Terry said perhaps she was looking at the section that said the Planning Board may waive the bylaw for a visual barrier. She said that she is not sure if a waiver is possible. Mrs. Terry said she is concerned about setting precedence. She said waivers are allowed for the large scale solar arrays. Mrs. Terry asked if they could go on a roof. Mr. Estock said the house is facing the wrong way. Mrs. Terry said that she does not think what they are asking for is within the law for their property can be done. She said she was not sure if the waiver applied to residential zone and needed some time to review the Solar Bylaw. She quoted the bylaw “that all waivers to the bylaw shall be discussed at a public hearing” She said that this if for a large solar farm. Mr. Doherty said that large solar farms cannot be located in a residential zone. Mrs. Terry said the Board cannot make a decision tonight. She said that if there was going to be a waiver it would have to go through a public hearing process. She said that she did not think there is a public hearing process for the residential zone. She said that she will research the bylaw some more. She said that she does not think there is a way around the bylaw for residential zone.

Mr. Fox gives his support to Mr. and Mrs. Estock.

APPOINTMENTS:

 

The Planning Board proposes to create a new Town Center Overlay District. Mrs. Terry said some of the topics to discuss are mixed use, required current standards for building design, landscaping, parking and other topics to preserve the New England town features. She said there was a public hearing to discuss the topic. The Board decided to close the hearing and open a new hearing inviting all property owners in the proposed District so they could provide some input into the discussion. The Board has had discussion about this topic in the past and has not been able to address the issues with the present bylaws. The overlay district would not change the uses presently allowed other than the possibility of adding mixed use. She said if someone was going to tear a building down the Board would have more say in what was being built in its place. The Board would like building replacement to look more like New England style. She said it could also affect someone who is planning a major change and needs to modify a special permit. She said the Board adopted a design guideline awhile ago. She said that it is a guide and the Board can encourage applicants to follow it. Mrs. Terry invited the attendees to make comment on the proposal.

Diane Arnold, of 286 College Highway, said she was in favor of the proposal and liked the mixed use idea. Mrs. Terry said that in the Board discussion they see mixed use as having the business on the ground floor and the residence on the upper floor with a back entrance.

Fred Arnold, of 286 College Highway, said he is in favor of the proposal. He asked if the bylaws had changed and does the Board have the input to a change in a building. Mrs. Terry said it can be addressed but the owner can push back. She said the Board does not have the power to enforce it. She said the Board cannot deny the use because they do not like the appearance of the structure.

Eric Carroll, of 569 College Highway, said he was in favor of the description of the intent of the overlay district. He said his house is a residence and plans to keep it that way as long as he owns it. He said from what he is hearing this is not going to impact him much. He said it is basically for the businesses and the growth. Mrs. Terry said that currently if this is adopted it could be also mixed use. If he decides to sell his house he could sell it as a residence or as business property. She said someone may buy up three houses and plan to put in a larger business and the Board would like to have some control of that.

Marcus Phelps, of 28 Depot Street, submitted a statement supporting the overlay district and the extension to the north (SEE ATTACHMENT A).

Russell Fox, of 65 Davis Road, said he thinks this is a good idea. He said the business owner would only be concerned with how restrictive the overlay district would be that it might preclude someone from purchasing the property. Mrs. Terry said if can come in and review the “Design Guidelines Handbook”. She said that the Board would like to apply some of theses guidelines to the Overlay District. She said it gave the Board a little something to work with.

Tim Karathanasopoulos, owner of 521 College Highway, asked how restrictive the guidelines are and where does it stop. He said he was in support of the concept. Mrs. Terry showed him on the map where the district would start and end. She said she would try to get the Design Guidelines on the web site so everyone would have a chance to review it Mrs. Terry reminded those present that they would not get an abutter’s letter again. She said the hearing will continue until a draft is approved. She said she would like as many residents as possible giving their input.

A MOTION was made By Mr. Utzinger and seconded by Mr. Doherty to continue the Hearing to January 26, 2016 at 7:35 pm The motion passed unanimously.

 

A letter was received requesting a continuation of the public hearing for 625 College Highway by the owner of property on College Highway.

A MOTION was made By Mr. Utzinger and seconded by Mr. Donahue to continue the Hearing to January 26, 2016 at 7:31 pm The motion passed unanimously.

 

Mrs. Terry said that this is a previously approved special permit. Mr. Hesketh a licensed professional engineer represented the applicant Big Y Solar Array. He reviewed the history of the Big Y project. He said the electrical issues and some legal issues were resolved. He said the panels will be installed soon. He said there were issues with drainage and some neighbors. He said he has a plan to install a drainage swale that will pick up water and take it to the runoff down into the detention basin.  He explained his plan to make changes to the drainage He is trying to control the runoff to the houses beneath the solar system. He said there was a swale on Mrs. Baillargeon property on 167 College Highway that was about 50 years old.  He is going to resurrect the swale. He met with Mass. DOT to review the problem. He explained what he would do to collect the runoff from the hill. He said there was a fifteen foot grade. They check with Tom Fitzgerald the Health Director and he approve of the proposed changes. Mr. Slessler said it is housekeeping of what was not completed on the project. Mrs. Baillargeon said she was happy with the plan as long as it works for her property. Mr. Doherty said the permit covers the property of the applicant. Mrs. Terry said technically the permit does not cover the other properties. She read an Email from Tom FitzGerald (ATTACHMENT B). Mrs. Terry said she did not feel that this is not enough of a change to the plan to warrant a modification to the permit. Mr. Slessler said that it is housekeeping from what was not completed on the original plan. Mrs. Baillargeon  said that she wants to wait to see if this works for her property. Mr. Brown, the DPW Director, said the MASS. Dot has not given their final approval. They wanted to wait for the approval of the Planning Board. Mrs. Terry requested any information they received be forwarded to the Board. She said that ultimately an as built will be required. The Planning Board was OK with the revised changes.

 

Mrs. Terry reminded the Board member that they each have a copy of the pages that have changes from Chapter 315. She said that the sections that are being eliminated are underlined and the sections that are being added are in are bold. She asked the Board to review the pages for an in depth conversation st the next meeting. Mrs. Terry asked for a continuation of the public hearing.

A MOTION was made by Mr. Utzinger and seconded by Mr. Sutton to continue the hearing to January 26, 2016 at 7:45 pm The motion passed unanimously.

 

Mrs. Terry took this discussion out of order so the Tree Warden would not have to stay any longer. Mrs. Terry said that Fred Jackson Road is a scenic road which requires a joint public hearing with the Tree Warden and special permit is required. Mr. David Whalley has proposed to remove two trees on Fred Jackson Road. He wants to remove two hardwood trees near his driveway for public safety. Mr. Whalley said that when he pulls out of his driveway he cannot see oncoming traffic because of the two trees. He said this is a safety issue so he is requesting to remove the trees. Mrs. Terry read a letter from Kirk Sanders, Safety Officer, stating his approval for removing the trees (ATTACHMENT C) Mr. Whalley provided pictures of the driveway. Mr. Brown had visit to the site and has no problem with the removal of said trees. Marcus Phelps, of the Conservation Commission, said he looked at the site and said there is no issue with cutting the trees down He said that another issue may be sprouting. He recommends the area be treated with an herbicide to prevent re-growth. He said otherwise it will become a continuous maintenance issue.

A MOTION was made by Mr. Utzinger and seconded by Mr. Sutton to close the joint hearing with the Tree Warden for 151 Fred Jackson Road. The motion passed unanimously.

A MOTION was made by Mr. Doherty and seconded by Mr. Sutton to approve the plan to remove the tree on the scenic road in proximity of 151 Fred Jackson Road.

Roll Call Vote:

Randy Brown, Tree Warden, yes   Mr. Sutton, yes,   Mr. Utzinger, yes   Mr. Doherty, yes   Mr. Terry, yes

The motion passed unanimously. Mrs. Terry noted that the Tree Warden voted yes.

 

Mr. Vincent Moccio, owner of 6 Industrial Road, proposed a site plan required for a license. He said he works with old cars from 1920 to the late 1950’s. He said he wants a license to sell old cars and antique tires on 6 Industrial Drive. He said he wants a class I license because he also wants to sell trailers. When people buy a car they will need a trailer to transport them. The cars will be stored inside. Mrs. Terry said that he needs a site plan approval to get his license from the BOS. Mrs. Terry said the property is located in the Industrial zone (I). He said he is not changing anything in the building or the parking space. He will have no employees. He does have an office space inside. He will have one handicapped parking space. Mr. Slessler said he has 12 parking spaces and the rear area will be vacant. Mrs. Terry said that he will be limited to 12 parking spaces. The Planning Board approved the plan with 12 parking spaces, including one handicapped space 11 employee/customer parking spaces. He was advised to get a sign application from the Building Inspector.

A MOTION was made by Mr. Utzinger and seconded by Mr. Doherty to approve the site plan for 6 Industrial Drive. The motion passed unanimously

 

Mr. Peter Watson of Hillside Road has proposed purchasing an additional piece of property from his neighbors for his leaching field. Mr. Slessler said it is a property line revision.

A MOTION was made by Mr. Doherty and seconded by Mr. Sutton to accept the ANR plan for Hillside Road. The motion was accepted unanimously.

 

A MOTION was made By Mr. Utzinger and seconded by Mr. Doherty to accept the minutes of December 8, 2015. The motion passed unanimously.

Being no further business to be brought before the Board, A MOTION was made by Mr. Sutton, SECONDED by Mr. Utzinger to adjourn at 9:00 pm  Vote was unanimous.

Respectfully submitted,

Ruth Preston

Planning Board Administrative Assistant