PLANNING BOARD MEETING MINUTES

TUESDAY,  JUNE  19,  2007

 

MEMBERS PRESENT:   Paula Caron, Chair

                                    John DiPasquale

                                    Mike DiPietro

                                    Paul Fontaine, Jr.

                                    Elizabeth Slattery

 

MEMBERS ABSENT:     Mike Hurley

                                    Nancy Maynard

 

 

PLANNING OFFICE:      David Streb, Mike O’Hara

 

Call to Order

Meeting called to order at 6:00 p.m. in the Veteran’s Room, First Floor, City Hall.

 

Communications

Letter to City Council from the Planning Coordinator in response to an earlier letter from NFI Massachusetts for a bond issue for 94 Highland Avenue that was discussed at the last Planning Board meeting was circulated.

 

The approved City Council petition instructing the Planning Board to modify the subdivision rules and regulations to add snow, ice and trash removal to every subdivision and special permit decision was circulated.

 

A letter from an abutter regarding the New England Colonial Homes project (South Street Crossing) was circulated to Board members.  The Board requested that staff send the matter to the Building Commissioner for his enforcement.

 

Meeting Minutes

Motion made & seconded to approve minutes of the May 15th meeting.

Vote unanimous to approve.

 

OTHER BUSINESS

 

106 East St., 3-family - possible re-application

Zoning Board of Appeals members Jim Concannon and Mike McLaughlin discussed a possible reapplication to the Planning Board to approve a site plan to allow three units in the center of the lot, further away from the property lines. 

 

Mike McLaughlin: the best fit is to center the building on the lot.

 

Atty. Watts, representing the applicant Sturdy Homes, LLC requested that the Board ratify the decision of the ZBA to allow three units on the site, and not to have a reapplication.  Michael O’Hara said that the Planning Board had denied a Special Permit in August 2005 for a three-family and could only be approved following a reapplication and a hearing.  Mr. Watts stated that right now his client has the right to build three units if a portion of the existing building is added onto, but if the existing building is demolished, he would lose that right.  The neighbors would like to see the existing building demolished and the lot cleaned up.

 

David Streb said that it was his sense that both Boards would support three units in a more appropriate location on the site, and the abutters seem to be at least reconciled to three units on the property, so if the Planning Board went on record approving the project conceptually, would that satisfy Mr. Watt’s client?

 

Mr. DePietro has concerns about the number of units and the location of parking. 

Mr. Fontaine explained that the applicant currently has the right to build it where it is, but the Planning Board has the authority to allow it to be better for the neighborhood.

 

Michael O’Hara opined that since the original application was denied, they’ll have to wait two years to resubmit, as it’s the same plan.  Or else both the Planning Board & ZBA would have to vote to allow the re-application.

 

Mr. Fontaine said that the Board could approve the site plan, but Ms. Caron asked what about the special permit?

 

Mr. Gillis, 112 East St.  (abutter on right) if it’s going to be three-family one way or another, he’d rather it be centered on the lot on the latest plan.  He also wants to make sure that the ZBA restrictions are followed, including moving the fence and moving the sewer lines.

 

Fran Cutting, 103 East St.  wanted the tear down to occur in a timely manner.  Asked if there will be time restrictions placed on the project.

 

Motion made (Mr. Fontaine) & seconded (Mr. DiPasquale) to support the concept of three units on the site, centered on the lot, subject to Special Permit and Site Plan Review by the Planning Board. 
Vote 5-0 in favor.

 

Staff will discuss the matter with the Building Commissioner.

 

 

ANR plans

The Board reviewed and endorsed the following “ANR” plan:

 

Yapchian, 20 Pinegrove Ave.

Re-subdivision  -- 4,999 sq. ft. portion being split off and conveyed to abutter at 40 Pinegrove Ave. 

 

MINOR SITE PLAN REVIEW

None.

 

PUBLIC HEARINGS

 

No one was present for the Fitchburg Recycling Center site plan review, so the project was not heard until later in the meeting.

 

Special Permit modification - Lifestyle Builders, “Westminster Hill Village” condominiums (continued from 5-15-07)

Voting members present:  Caron, DiPasquale, DiPietro, Fontaine, Slattery (5)

Action:  postponed to July 17

 

Ms. Caron explained that there were only five members present and that if the hearing was re-opened, all five would need to vote in favor of the Special Permit for it to be granted.

Mark Biller of Lifestyle Builders requested that the hearing be postponed to July, and that the Planning Board grant an extension of the existing Special Permit.  A letter from Lifestyle Builders dated 5-21-07 requesting an extension had been received by the Board.

 

Motion made (Mr. Fontaine) & seconded (Mr. DiPasquale) to grant a 90-day extension of Special Permit #02-22.  Board voted 5-0 in favor of extension.

 

The hearing was not re-opened.  The Board voted to postpone the hearing for the modification of the existing Special Permit to the July meeting.

 

 

Site Plan Review - Fitchburg Recycling Center/Fitchburg Foundry, 150 Benson St. 
(continued from 4-17-07)

Voting members present:  Caron, DiPasquale, DiPietro, Fontaine, Slattery (5)

Action:  Approved.

 

Walter Fiore present. Stated upon questioning that he expects no more than ten trucks at a time at the most.  He’ll be taking washing machines, refrigerators and the like.

 

Mr. DiPasquale would like to see a review after a year.  Walter Fiore expressed concern about the amount of his investment if the board changes its mind after a year.

 

Motion made (Mr. Fontaine) & seconded (Mr. DiPasquale) to approve the site plan with a one year review.  Vote 5-0 to approve.

 

Site Plan Review - Wachusett Development, 41 Sheldon St., building trade shops
(continued from 5-15-07)

Voting members present:  Caron, DiPasquale, DiPietro, Slattery (4)

Action:  Postponed to July 17

 

Mr. Fontaine stated he was recusing himself since he is listed as an abutter to the project.

 

Pat McCarty, McCarty Engineering submitted a letter to the Board asking for a postponement, since there were only four members available to vote at this meeting. 

 

Motion made & seconded to postpone hearing to July 17. 

Board voted 5-0 to postpone hearing.

 

Site Plan Review - Universal Machine, 323 Princeton Rd. expand driveway & parking area

Voting members present:  Caron, DiPasquale, DiPietro, Fontaine, Slattery (5)

Action:  Approved.

 

Chris Deloge & Jess Oullette of Universal Machine presented plan.  He was moving the operation from
83 River Street to this location.  The driveway to the left side of the building for maintenance only.  Planning to cut into hillside & bring gravel to other side of lot to level the area of the loading dock. 

Wetland on site adjacent to RR feeds to 15-inch pipe.  He’s planning to leave it as is.

 

When asked by a Board member what he plans to do with the site, Mr. Ouellette said that he was planning to freshen up the exterior appearance, perhaps with vinyl siding.  Mr. Streb asked if he’d paint the building instead of vinyl siding due to its historic appearance. And he said that he would.

 

Mr. Ouellette said that his hours of operation will be 8:00 a.m. 5:00 p.m. Monday through Friday.  

 

Chris Deloge said that they intend to greatly reduce the amount of impervious area.  Also said that he plans to vegetate the south side of the site, adjacent to Cleghorn Oil driveway, after excavating the hillside.

 

Public Comment:

Tim Brunelle, 350 Princeton Rd.  – concerned about a buffer along the driveway so people can’t look into his kitchen window.

 

Mr. Ouellette said he won’t really need the loading dock except occasionally, as the nature of his operation is such that they machine small parts.

 

Chris Deloge said they’d come back with a landscaping plan.  They’ll restore the exterior by painting and replacing clapboard and painting if they can.

 

Motion made & seconded to approve site plan with conditions:

  • Comply with DPW and Water Dept. comment letters
  • Subject to submittal and approval by Planning Board of landscaping plan for area near driveway
  • Loam & seed & establish grass cover on green areas noted on plan
  • Revegetate the hillside at southerly end of property
  • Restore exterior of building (rather than vinyl siding) if possible
  • that they freshen up the exterior by replacing clapboards if feasible.

Vote 5-0 to approve.

 

Special Permit - Gorman Realty Trust, 23 Pleasant St., 3-family dwelling

Voting members present:  Caron, DiPasquale, DiPietro, Fontaine, Slattery (5)

Action:  Approved.

Hosea Ketola, Edgewater Development and Atty. Watts present.  Gorman is the applicant; Edgewater has an agreement to buy the parcel from Gorman.

 

Ms. Caron explained that there were only five members present and that all five would need to vote in favor if the hearing was re-opened.  The applicant wanted to proceed.

Hearing opened.

 

An ANR plan will be presented to the Board that shows the parking area.  Ketola intends to repair the existing building – take maybe a year – chip away at it.  He said he’d fix the fence along the back of the parking lot.  He was notified by the Water Department that the water service will have to be replaced from the main.

 

Public comment:  None 

 

Motion made & seconded to close hearing.  Vote unanimous to close hearing.

Motion made (Mr. Fontaine) & seconded (Mr. DiPasquale) to approve the Special Permit, subject to update of the fence to the rear of the parking lot, replacement of the water service, submittal of an ANR plan that shows the parking area, and upgrading the exterior.

 

Voted 5-0 to approve.

 

Special Permit - Fitchburg Red Brick River Mill Inc., 1146 Main St., mill conversion

Voting members present:  Caron, DiPasquale, DiPietro, Fontaine, Slattery (5)

Action:  Continued to July 17

 

Ms. Caron explained that there were only five members present and if the hearing was re-opened, all five would need to vote in favor in order for the Special Permit to be granted.

The applicant wanted to proceed with hearing.

Hearing opened.

 

Applicant & property owner Yvon Robichaud, Jr. & Atty. John Bowen presented plans for the renovation of the first floor, and showed exterior renderings.  Proposing to relocate Boomtown Variety store retail/deli/ice cream parlor/coffee shop) to occupy 2,100 square feet on southern part of site.  Also proposing 2,500 sq. ft. of undetermined retail space, and one residential unit.  Development of second & third floors would be in future phases.

 

Robichaud: If he needs to provide parking on the vacant lot next door, owned by Casa Del Rio Realty Trust (also controlled by applicant) he’d prefer not to pave it.

 

Ms. Caron said that she’d like to see greater specificity in how the remaining 2,500 sq. ft. of first floor space will be used.  Yvon said he’d like to retain flexibility.  He understands that if there is a parking problem that he’ll have to address it.

 

Public comment:

Jay Bearfield, 9 Chestnut St. - lives across street.  Checked w/ Police Dept. - there were 96 calls last year to Boomtown Variety.  Lottery suspended his license.  Drug paraphernalia was for sale there.  Bands practice in mill late at night.

He had spoken to Dave Larouche, owner of building had problems with Yvon.

Parking on vacant lot next to river will be a problem. 

Why does store need to be open 24 hours?  Shows no concern for neighbors around here.

Board should address parking requirements now. 

If they OK the one residential unit now, it will only get worse. 

He asked Board to consider history of site. 

 

Gloria Spadaro, 18 Chestnut St.: Concerned w/ traffic --  close to ’deadly intersection’.  Has seen kids walking up her street w/ crack pipes.  A variety store is not in keeping with the neighborhood.

 

Beth Clancy(?), Arlington St. - there is bad traffic problem at Main/River/Chestnut intersection.  Crossing over it is bad.  She leaves for work early a.m. - has seen prostitution in front of that store.  Would like to see a variety store there.

 

Mike McLaughlin, Bond St. (not speaking as ZBA member):  had visited Boomtown many times.  Is concerned with the amount of legal products sold that can be used for crack.  The primary display case had products that are used for other reasons.

Board should take into consideration the previous history.  There have been problems in past.  Don’t need to be open 24 hours.  Not meeting a community need.  Look at special permit criteria - community, economic & social needs.  If approving Special Permit, Board should look at a review period.

 

Judy Bearfield: concerned with the type of people that would come to the store.

 

Atty. John Bowen, representing applicant: 

The plan on display shows proposed parking across street at Walton’s Auto Parts -- that is no longer the plan.

Lottery -- Robichaud asked for audit by Lottery Commission because he suspected there were lottery tickets being stolen. He addressed the problem.  If his client gets new location, he’ll apply to reinstate lottery once he has control system in pace.

Traffic -- variety store will just take advantage of people who are already going by there - won’t make traffic congestion any worse.

He sells a legal product mix.

Open 24 hours -- his client decided that it was cheaper to operate at night & pay employee rather than to burglar-proof building.  It is not his intent now to operate 24 hours.

 

Yvon Robichaud:  his clerks made most of the calls to police.  He was trying to run a legitimate business.

Bearfield: not important who made the calls, but it’s the sheer # of calls made.

 

Robichaud:  the self-storage business is dead -- doesn’t pay expenses.  He cleans up rubbish on mill property & property across street.  He had the same items that any other convenience store had. 
He’s not attracting prostitution & drug activity.  He’s had lots of comments -- when is the store going to re-open?

 

Mr. Bearfield: he used to go to store but it went downhill -- became detriment to community. 

 

Board deliberation:

Mr. Fontaine: concerned w/ open ended-ness of proposal.  What will be in the extra 2,500 sq. ft. on first floor?  “Retail” is a broad category.  If parking on adjacent lot is not paved, how to mark it?

 

Ms. Caron: has issue with variety store.

 

Yvon: he’s not trying to attract bad element.

 

Atty. Bowen: he may be willing to eliminate certain products.

 

Q:  Can the Board list the items he cannot sell? -- question for C. Solicitor.

 

Mr. DiPietro: was impressed with bldg.  Can’t outlaw a variety store.  A deli/coffee shop w/ seating would be a good thing.  May turn out differently than Boomtown.

 

Mr. Fontaine:  suggest close by 2 a.m. Open no earlier than 5 a.m.

 

Yvon: will take out the crack pipes.

 

Mr. DiPasquale:  wants to know more about the future of the building -- the 2nd& 3rd floors. 

His concerns: how to handle parking for 2nd& 3rd floors, hours of operation -- wants to be specific, use of the rest of the 1st floor?

 

Mr. Fontaine: a review period is essential, hours - don’t need to be open 2 - 5 a.m., need good lighting - but not aimed at abutters, there needs to be parking on adjacent lot to left of building.

 

Mr. DiPietro: suggests limit to the 2,100 sq. ft. variety store.  Anything other uses on the rest of the first floor space would have to come back to the Board for review.  Is concerned w/ parking, need to cut back hours.

 

Mr. DiPasquale: come back w/ a more definitive plan, show lighting, show off street parking.

 

Ms. Slattery: store doesn’t need to be open midnight to 5 a.m.

 

Mr. Fontaine: Board should have more information before they make decision.

 

Motion made & seconded to continue hearing to July 17.  Vote unanimous.

 

 

OTHER BUSINESS

 

Deloge Heights subdivision, Ph. III - extension

Atty. Watts had requested extension to complete ways & services in Phase III (last loop of Tibbet Circle) to August 2008.  There are 4 lots left to be built on.  There is adequate bond $ remaining on subdivision.

Motion made & seconded to continue hearing to July 17.  Vote unanimous to approve.

 

Edgewater Development, Rindge Rd. - concept plan

Ken Kalinowski of Marsden Engineering & Hosea Ketola present

Ken presented series of concept plans for 5.5 acre property Edgewater recently purchased on west side of Rindge Road past McKay School.  Concept plans included individual driveways, common driveway, subdivision road.

The last concept plan (PUD - 10 duplexes) had least affect on site.  Development contained within prior area of disturbance.  Limits access to Rindge Road to one point.  Avoids buffer zone of wetland on either side.  Buildings are out of the 200-foot Riverfront Area.  Keeps about 80% of site as open space.

Consensus of Board that this was the preferred alternative.

Size: 1,500-2,000 sq. ft. per unit.  Full foundation w/ drive-under garage.  Keep as close as possible to existing grade.

 

Mr. Fontaine: Board will be very diligent in reviewing project, given the history of site.  Board will want to see architectural drawings of buildings.

 

 

Roosevelt St. subdivision - extension

postponed to next meeting.

 

 

Discussion of City Council petition to require Board in include in subdivision rules and regulations to add language about bond money being used for snow, ice and trash removal.  Will need further discussion.

 

 

 

Meeting adjourned 10:30 p.m.

 

 

Approved 7-18-07