Permitting Board Chair Committee
Permitting Board Chairs Sub-committee
Meeting Date and Time: April 18, 2018 – 5:30 p.m.
Meeting Location: Town Offices, 140 Worcester Street, Room 210
Members Present: John Hadley, Chair, Vinny Vignaly, Bob Barrell, David Femia
Members Not Present: Bill Chase
Also Present: Anita Scheipers, Town Administrator and Bentley Herget, Building Commissioner
Call to Order: Mr. Hadley called the meeting to order at 5:35pm.
1. Review of legal opinions from KP Law: The members reviewed and discussed the written opinions
received from Atty. Laughman of KP Law regarding how to address businesses who have failed to properly
receive full site plan approval by the Planning Board. The key guidnance provided was that moving
forward, the Planning Board should attempt to modify the site plan approval portion of the zoning bylaw
to require that site plan approvals must require a filing of the site plan approval and conditions at the
registry of deeds to allow a “cloud” to follow the owner. Proof of the registry filing must be obtained and
provided to the Building Department in order to be issued a building permit. This cloud will be visible any
time a property owner has not fulfilled the site plan requirements, and attempts to sell the property or
finance any related project on the property. This will be clear incentive to the owner to complete the site
plan work as required. Vinny Vignaly stated he would bring this to the Planning Board for possible vote at
the 2018 fall town meeting. Additionally, Bentley Herget presented a new property check list which will be
added to the building permit card, which requires sign-off from all permitting boards, so that he can be
assured all permitting has been approved by the necessary board prior to his issuance of a certificate of
occupancy.
2. Review of existing non-compliant sites: The list previously prepared by Bentley was reviewed. The status
of the sites are as follows:
a. Mass Materials, 1500 Century Drive: This site appears to be all set and the site plan review can likely
be closed out.
b. Finders Restaurant, 171 West Boylston Street: Vinny stated this site still needs parking lot
improvements to correct the safety hazards. There are reports of vehicle collisions in the parking lot.
Anita will request of the police department a report of any collisions that have occurred in the past
two years. If no collisions are occurring, this site plan review may be able to be considered for
closure.
c. Medical center, 242 Woodland St: Vinny stated this site also had safety issues in that the wooden
guardrail at the top of the steep slope down to the road is undersized and would not stop a car that
might slide across the parking lot. Bentley will send the property owner a letter informing him of the
ongoing violation.
d. Wachusett Liquors, 21 Franklin Street: Ninny stated that as long as the required trees are planted
this spring, they will be in full compliance and the site Plan review can be closed out.
e. UPS, 99 Hartwell Street: A letter has already been sent to the owner regarding the non-compliance
with the work done on the front of the building.
Vinny asked the BoS to be careful moving forward when approving license for cars sales, etc. The approval
given by the Selectmen as to layout of cars, etc. on the applicant property does not substitute for a site
plan review which may be needed via the Planning Board. Vinny Vignaly left the meeting at this point.
f. Cumberland Farms, 184 West Boylston Street: The final site plan has been received and will be copied
to the Planning Board. This should lead to close out of the site plan review.
g. Holy Cross, 1000 Goodale: Bentley stated he has sent several letters to the builder and has no
response. Anita suggested he give her a copy of the correspondence which she can send to her
contact at Holy Cross to ensure their administration is aware of the non-compliance issue.
h. Flagg RV, 66/76 West Boylston Street: Bentley stated that the owners are now before the Planning
Board to work on obtaining site plan approval.
i. Surabian commercial plaza. 186 West Boylston Street: It was the groups understanding that this site
has submitted the as-built plan and letter of certification form the engineer stating it is built as
required. The remaining members agreed this is a good example of a site that should be approved
for closeout by the Planning Board.
j. Storage Facility, 137 Shrewsbury Street: It appears there is a wall that is being constructed that is not
approved under the site plan. Bentley will contact them about this. It is still in construction and not
technically in violation at this time.
The members agreed that the next meeting should be used to develop a list of suggested
recommendations to be given to the Planning Board regarding close-out of several of the above stated
sites.
It was also agreed that the Town Administrator should seek town counsel opinion as to whether the
Building Commissioner was correct in approving the front of property work at 99 Hartwell without a site
plan process prior to the next meeting. The key question is: Was this within his rights as Zoning
Enforcement Officer to make this judgment?
3. Next Meeting: The next regular meeting is set for Thursday, May 10, 2018 at 5:30pm.
4. Motion to Adjourn: David Femia moved and Bob Barrell seconded to adjourn. Vote: All yes. Motion
Passed. Vote – All yes. Meeting adjourned at 6:25pm.
Respectfully submitted: Anita M. Scheipers, Town Administrator
Minutes approved on May 10, 2018