Zoning Board of Appeals, November 6, 2014 - Holden Youth Soccer

TOWN OF HOLDEN

ZONING BOARD OF APPEALS

HEARING

                                                                                                                               CASE NO. SP 1411

HOLDEN YOUTH SOCCER                                                                                    CASE NO. V 1412

The Zoning Board of Appeals held a public hearing on November 6, 2014 at 7:00 p.m. in Memorial Hall in the Town Hall, 1196 Main Street, Holden, MA on the Petition of Holden Youth Soccer for property located behind Mayo School, 351 Bullard Street as identified on Assessors Map 150, Parcel 43 for a SPECIAL PERMIT to operate a non-profit recreational community facility that is not a membership club and a VARIANCE for lack of frontage.

Members in attendance:  R. Spakauskas, R. Fraser, J. Deignan, R. Butler and R. Ricker.

The Chairman called the hearing to order.  The Secretary read the application and Findings of Fact for a Variance and a Special Permit.  The Chairman announced that there were several letters received from town staff and the public, copies of which were on the table in the back of the room.

Attorney Brian Forts and Attorney Matthew Peloquin, representing the applicant, addressed the Board.  Mr. Bill Donahue, 70 Cedar Road, Holden, MA also addressed the Board.  He has been involved for a long time with Holden Youth Soccer.  This has been a non-profit organization since 1967.  They need additional space for sports.  This organization also raises money for scholarships for Wachusett seniors.  They have been working with the Recreation Department and they will ensure their players, coaches and fans are respectful to the neighbors.

Atty. Peloquin further explained that this project started three years ago when they approached the Board of Selectmen to purchase 12 of the 70 total acres.  The Town of Holden has approved the sale at their Town Meeting last year by a unanimous vote.  The Town has entered a Purchase and Sale Agreement with Holden Youth Soccer, dependent upon obtaining the proper permit.  The land was deeded to the Town with the restriction that it only be used for recreational purposes.

Mr. Andrew Liston, Engineer for the project, displayed the plan for two full size soccer fields and one smaller practice field with 126 parking spaces. 

R. Ricker asked if there were any plans for lighting; it was answered that presently games are planned for daylight hours, but they may like to add lighting in the future.

J. Deignan asked for clarification regarding the difference between Parcel A and Parcel B; Atty. Peloquin explained that Parcel A is the entire 70-acre parcel and Parcel B is the 12-acre parcel.  J. Deignan also asked if the Fire Chief was agreeable to the plan for parking; Mr. Liston said that a traffic study has not been done yet, but will be if required.

R. Fraser asked if a fence was proposed along the property line along Bullard Street; Mr. Donahue said yes.  R. Fraser then asked what the length and height would be; Mr. Liston said he did not know at this time as it is not on the plan but could be done.

Pam Harding, Town Planner/Conservation Commission Agent, said that the applicant will be filing a Site Plan Review Special Permit with the Planning Board, at which time drainage, traffic, buffering and lighting issues will be addressed.

Mr. Alan Seligman, 411 Bullard Street, distributed a copy of a letter from the law firm of Anderson Kreiger, Cambridge, MA, representing Mr. Seligman, dated November 6, 2014 to the Board.  This letter urged the Zoning Board to deny the petition and application for Holden Youth Soccer.  The Board took a couple of minutes to read this letter.

Mr. Seligman also added that he felt this plan was ill conceived and how could anyone think that the noise and lighting would not be an issue when he lives 480 feet away.

Jennifer Leith, 51 Birchwood Drive, a former teacher at Mayo School, said these fields are nature trails where the teachers take the children on walks.  They were guaranteed these trails would remain.

Matthew Gull, 330 Malden Street, encouraged the Board to take a serious look at a traffic study because the volume of cars and speed is increasing in that area.  He also asked what the plan is for the remaining acres;  Atty. Peloquin said the remaining acres would be owned by the Town of Holden.

Margaret Seligman, 411 Bullard Street, read her letter to the Board dated October 2, 2014.  She urged the Board to deny this application due to increasing noise, which will take away her enjoyment of her yard and decrease her property value.

Peter Schirduan, 477 Bullard Street, asked what ‘shielding’ meant in the presentation.  Mr. Liston answered that it could be fencing, shrubbery or grading to make the fields at a lower grade. Mr. Schirduan opposed this project expressing concerns with increased traffic and pedestrian safety.  However, he gave kudos to Holden Youth Soccer, but felt there would be a better site and a safer site.  This is not a Town project, it is private.

Mr. Collins, 471 Bullard Street, said the Special Permit application mentioned access routes; however there is only one.  It also mentioned there will be sidewalks; however there are no sidewalks on one side of the street.

Duncan Leith, 51 Birchwood Drive, felt this was not the right location for this project.  He felt there were other sites in Holden that could better accommodate the increase in traffic.

Lisa Casko, 34 Hayfield Lane, said she has lived in Holden for 30 years and the traffic on Bullard Street is outrageous.

Pamela Blodgett, 421 Bullard Street, expressed concerns with the safety of the children in that area and felt a traffic study should definitely be done. 

Pam Harding, said a traffic study was recently done and the study is about 5 months old; traffic does not change significantly in that short period of time.

Steven Cook, 885A Main Street, asked what was meant by ‘recreational use only’ and asked if that prevents any structures from being put on the parcel.  Atty. Forts said ‘recreational use only’ has many forms; it just means there can be no housing development.

In summation, Atty. Peloquin said that his client has made all efforts to make this project reasonable and usable for the Town.  They remain committed to working with other Boards and Committees.

Since there were no further comments or questions, the public hearing was closed at 8:30 p.m.

R. Butler made a motion to approve the Special Permit with conditions.  R. Ricker seconded.  Vote 5-0, motion approved.  R. Fraser made a motion to approve the Variance with conditions.  R. Butler seconded.  Vote 5-0, motion approved.  The conditions for both the Special Permit and
Variance are as follows:  1)  Fields are to be used in daylight only.  Any proposal to light the fields in the future will require an application to the Zoning Board of Appeals;  2)  While school is in session, with permission from Holden Youth Soccer, only school personnel and students may use the fields and any nature trails that are developed;  3)  Use of the fields is only permitted for Holden Youth Soccer, Mayo School and Holden Recreation Department;  4)  A fence, a minimum of six feet, must be placed starting at the C Bound marker between #381 and #391 Bullard Street and continue in the north to northwest direction to halfway through the property of #455 Bullard Street;  5)  A traffic study is required for the submission of the Site Plan Review Special Permit submitted to the Planning Board.

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Ronald E. Spakauskas, Chairman