Planning Board, September 30, 2014
PLANNING BOARD
September 30, 2014
TOWN HALL MEMORIAL HALL
Members Present: William Ritter, Tina Stratis, Jeff Head, Otto Lies, John Michalak, Scott Carlson
Not Present: David Lindberg
Staff Present: Pam Harding, Town Planner, Elizabeth Fotos, Recording Secretary
Others Present: Douglas Andrysick, Jefferson Mill; Brian Forts, Kyoto Attorney; Anthony Costello, White Oak Land Conservation Society; Valerie Sampson, MPP, Kim Petalas; the Landmark
7:00PM Meeting called to order by W. Ritter
Public Hearing
Site Plan/ Special Permit- Extension of Time
Jefferson Mill- 1665 Main Street
Mill Pond Realty Trust
W. Ritter read the public hearing notice and asked if the developer was present.
Mr. Leo McCabe the attorney representing the trust stepped forward. He stated that Mill Pond Realty Trust was requesting an extension of time that was due to expire on October 23, 2014. L. McCabe stated that the project originally halted based on the downturn in the economy but that the trust was currently working with an architect and with D. Lipka in order to bring the renovations to current day building codes.
W. Ritter asked if there were any comments from the Town.
P. Harding stated that in addition to the extension of time, the trust submitted a request to withdraw the plan that had originally carved off the dam (Parcel A). She stated it had been officially withdrawn.
W. Ritter asked if there were any comments from the public. No members of the public stepped forward.
O. Lies asked the likelihood of completing this project with the amount of time already dedicated to it.
L. McCabe stated that he believed it would be completed as he had positive signs from Mr. Roiff. He stated that with an additional two years, the project would be completed.
S. Carlson asked if this project would fall under the new storm water management rules.
P. Harding confirmed it would as a redevelopment project and that it had already been approved by DPW, DCR and Conservation Commission.
W. Ritter stated that this motion needed a super majority to pass.
Motion by J. Head, seconded by S. Carlson, it was UNANIMOUSLY VOTED TO CLOSE PUBLIC HEARING.
Motion by J. Head, seconded by O. Lies, it was UNANIMOUSLY VOTED TO APPROVE THE EXTENSION OF TIME FOR THE SITE PLAN/SPECIAL PERMIT APPROVAL TO OCTOBER 23, 2016 FOR JEFFERSON MILL, 1665 MAIN STREET, MILL POND REALTY TRUST WITH FAILURE TO COMPLETE WITHIN THE TIME FRAME RESULTNG IN AUTOMATIC RESCISSION
Public Hearing
Definitive Subdivision- amendment
Stanjoy Estates- January Lane
W. Ritter read the public hearing notice.
S. Fenton the attorney for the Winter Hill Development was present. The amendment that was being requested was to revise a previously approved definitive subdivision plan entitled Stanjoy Estates. The application was for an 11 lot definitive subdivision plan for the January Lane cul-de-sac located off Winter Hill Road. The amendment was to remove a 60’ right of way and replace it with a 30’ wide utility easement. S. Fenton stated that this amendment was being asked for at the Towns request.
W. Ritter asked if this change would result in an increase in the amount of lots.
S. Fenton stated it would not.
S. Carlson asked where the water would drain to.
S. Fenton replied that it would drain to the original subdivision.
S. Carlson voiced his concern about this amendment. He wanted to ensure that the town was not giving up land that it would need in the future for expansion and felt as though it made more sense for the Town to maintain the 60’ right of way rather than lowering it to 30’ and giving the remaining land to personal property. He also voiced concern about future needs of water sewer lines and accessing the detention pond on the property.
P. Harding verified that 30’ was sufficient to access water and sewer lines and that the detention pond had a separate easement. She stated that DPW did not need/ want the 60’ easement.
P. Harding verified that the Town was asking Stanjoy Estates to change this.
W. Ritter asked if there were any comments from the public.
Mr. Bill Stanton, 162 Winter Hill Road stepped forward. He asked if there was going to be an extension put on Winter Hill and if there was a fire lane that extended through the property.
S. Fenton confirmed that it was not going to happen and that there was not going to be direct access from January Lane. He also stated that at one time a fire lane was contemplated, however because the Oak Hill Subdivision had 2 points of access, that fire lane was no longer needed.
J. Head asked if the 2 lots at the back of the cul-de-sac had been conveyed.
S. Fenton confirmed that they had been and that he would amend the deeds to read 30’ instead of 60’. He stated he had already been in contact with the necessary people to alert them of the change.
P. Harding verified that the easement would need to be conveyed. S. Fenton verified that the deeds would be amended.
S. Carlson stated that easements were very difficult to obtain and this property was developed with easements built into it. He again stated that he did not think the Board should approve this amendment.
P. Harding stated that DPW did not want the 60’ easement.
S. Carlson stated that he was looking to the future needs of the town.
P. Harding stated that 30’easement is more than is usually retained and that 60’ was unnecessary.
Motion by J. Head, seconded by T. Stratis, it was UNANIMOSLY VOTED TO CLOSE THE PUBLIC HEARING.
Motion by J .Head, seconded by J. Michalak, it was VOTED TO PASS THE AMENDMENT FOR STANJOY ESTATES-JANUARY LANE REPLACING THE 60’ RIGHT OF WAY WITH A 30’ UTILITY EASEMENT FOR THE WATER AND SEWER MAIN CONNECTIONS BY A VOTE OF 4-2 (Ritter: yes; Michalak: yes; Head: yes; Stratis: yes; Carlson: no; Lies: no).
Public Hearing
Site Plan /Special Permit
Kyoto Restaurant
W. Ritter read the public hearing notice.
A Site Plan/ Special Permit had been submitted for the conversion of an existing business office to a Japanese hibachi restaurant with a 57 person seating capacity. There are no proposed alterations to the exterior of the building and they have already been granted the special permit from the ZBA to allow the use. The site plan is required because there is a change in use requiring more than 10 parking spaces.
Mr. Forts, the attorney representing Kyoto, was present and stated that there is a need for 13 parking spaces. He stated that they had completed a supplementary report that stated there were 6 additional spaces for the three businesses present at that location (Kyoto, Holden Hearing, and Tutti Frutti Frozen Yogurt)
P. Harding stated there has been a table provided proving sufficient parking for all uses within the building. There were no amendments to lighting, architecture or layout of the parking lot on the site proposed. She also stated that the proposed signage will fit into the existing ladder sign on the property and meet the requirements of the Zoning Bylaw.
O. Lies asked if the Town agreed with the number of spaces present and questioned the steep grade in the back of the building.
P. Harding replied that they were already stripped in.
J. Michalak asked if there would be designation as to who can park where.
Mr. Fords replied that Holden Hearing does not have nighttime hours and that Tutti Frutti was not really a destination. He stated that they believed there would be more than enough parking. He also stated that with the restaurant entrance at the top of the property and the other businesses at the bottom of the property there was a natural segregation that would likely occur.
T. Stratis asked if there was a place for overflow parking.
Mr. Fords replied that there is a lot next door but that they have yet to explore that option with the business owners. They will explore that option as it becomes a need.
W. Ritter opened the hearing up to public comment. No public comments were made.
W. Ritter stated that Site Plans require a super majority.
Motion by J. Head, seconded by T. Stratis, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING.
Motion by J. Head, seconded by T. Stratis, it was UNANIMOUSLY VOTED TO APPROVE THE SITE PLAN/ SPECIAL PERMIT FOR KYOTO RESTAURANT, 695 MAIN STREET, HOLDEN with the following conditions;
The approval is subject to plans entitled Existing Conditions Site Plan - 695 Main Street, Holden, MA prepared for Thien Phan with a date of August 2, 2014.
The Applicant must submit a copy of the proposed signage for the business to the Department of Growth Management Planning Office prior to installation.
Construction must be completed by September 30, 2016 the approval of the Holden Planning Board is automatically revoked. .
APPROVAL NOT REQUIRED- ANR 190 River Street, Riley, LLC, R-40 Zoning District
P. Harding requested the Board to continue this matter until the next meeting. No motion was needed to do so.
Revocation of Bond, Letter of Credit Hill Woods Condominiums High Ridge Road
S. Carlson removed himself from the meeting at 7:39PM.
P. Harding stated that Town Counsel had prepared a motion.
W. Ritter stated that the Board had discussed this matter at length. He stated that this motion was to approve the revocation of a small bond in order to complete the remaining work.
Motion made by J. Head, seconded by J. Michalak, it was VOTED TO APPROVE A BOND IN THE AMOUNT OF $8946.99 IN ORDER TO COMPLETE THE REMAINING PAVING ON SCOTT TERRACE WITHIN THE HILL WOODS CONDOMINIUM BY A VOTE OF 5-0-1. (Ritter: yes; Michalak: yes; Head: yes; Lies: yes; Stratis: yes; Carlson: abstained)
S. Carlson reentered the meeting at 7:41PM.
The Board signed the bond documentation.
APPROVAL OF MINUTES
Motion by O. Lies, seconded by J. Head, it was UNANIMOUSLY VOTED TO APPROVE THE SEPTEMBER 9, 2014 PLANNING BOARD MEETING MINUTES AS SUBMITTED.
MISC.
P. Harding stated that Wachusett Valley Estates will be on the agenda for the October 14, 2014 meeting.
W. Ritter asked if everything was submitted.
P. Harding verified that she had received it today (September 30, 2014 at 5:30PM)
S. Carlson asked to speak regarding cluster zoning. He stated he wished to have a discussion with the Board to understand it better.
W. Ritter replied that the purpose of the cluster zoning was to encourage denser development; subsequently the developers would receive something for zoning the developments in this manner.
P. Harding verified that it was conditional.
W. Ritter asked to have this discussion on October 28, 2014 meeting with pdf’s, Oak Hill Plan Overviews, bylaws, and calculations.
J. Michalak asked to discuss road width and sidewalk requirements.
W. Ritter asked if DPW could do a memo on road widths.
P. Harding verified that they were currently working on one.
O. Lies spoke about the Central Mass Regional Planning Commission (CMRPC).
He told the Board that there has been crossover from planning to economic development and that the state makes funds available for technical assistance. He encouraged the Board to think about projects that could improve the Town and thought that involving the EDC would be beneficial as well. O. Lies also suggested possibly looking at some of the open space within the Town and thought there was potential to secure some of these state funds.
O. Lies additionally spoke about a local buying effort and stated that while Holden had expressed interest with this initiative, it had not followed up. He encouraged this group to become more involved in this effort as it was a way to support local initiatives.
O. Lies also spoke about a regional purchasing initiative. Towns come together as groups and negotiate joint purchasing efforts in order to lower the cost to the individual towns. O. Lies stated that Holden is active in this and that the EMS group has benefitted from this involvement. The expected savings for the towns that participate in this program is 1.5 Million cumulatively. He was happy to see that this was something that we had taken advantage of.
Next Meeting: October 14, 2014
Motion by O. Lies, seconded by S. Carlson, it was UNANIMOULSY VOTED TO ADJOURN THE SEPTEMBER 30, 2014 PLANNING BOARD MEETING AT 8:01PM.
APPROVED: ______________________
__________________________________
Elizabeth Fotos, Recording Secretary