Meetings from 2009:

PLANNING BOARD MINUTES MEETING OF December 16, 2009 6:30 PM, Planning Board Room

PRESENT: P. St. Jean, P. Musci, D. Payeur, L. Spinelli, Rene' Tremblay, C. Acly, J. Marino, R. French.
EXCUSED: P. Ramirez

1. 6:31pm P. St. Jean, Chairman opened the meeting.

2. MOTION: by D. Payeur to approve the minutes of December 2, 2009 with the following correction:

"R. Marino" should read: "J. Marino" throughout the document.

SECONDED: by P. Musci. A vote was taken by a show of hands. The Motion carried unanimously.

3. MOTION: by P. Musci to amend the minutes of November 18, 2009 for the following:

a. Item #7 b. "N. Tortis recommend changes to the by-laws regarding "setbacks." He recommends they be restricted to commercial property only." Should read: "N. Tortis recommended changes to the by-laws regarding parking in the setbacks as per Chapter 7 §703.4 note 5 of the zoning by-laws. He suggested that the by-law be amended to allow parking in driveways in residential districts."

Seconded: by R. French. A vote was taken by a show of hands. The motion carried unanimous in favor.

4. Chairman's Announcements

P. St. Jean, Chairman asked M. Loin of Bertin Engineering for an update on Mr. Daou's gas station on Worcester Street. M. Loin noted that the fuel supplier for the station, Novera Energy will now be managing Mr. Daou's gas station under lease.

5. P. St. Jean, Chairman appointed L. Spinelli and R. Tremblay to serve on the Special Permit Granting Authority.

6. Partial Release, Lot 21, Harwood Farm Road

MOTION: by D. Payeur for a partial release of lot 21, Harwood Farm Road. SECONDED: by C. Acly. Additional paperwork is needed for the release. C. Acly will withhold her signature until the paper work is in. Once the paperwork is complete, C. Acly will then sign the release and file the paperwork. P. St. Jean asked that C. Acly check to be certain all taxes, water and sewer fees were paid to date before releasing the paperwork. A vote was taken by a show of hands. The Motion carried unanimous in favor.

7. Old/New Business

a. Hunters Ridge is looking to release a lot. P. St. Jean read a memo from the developer to that effect. M. Loin of Bertin Engineering updated the Board on the progress at the development.

8. 6:45pm – Public Hearing, J. Daou, Worcester Street for a Special Permit for an Auto Repair Shop

P. St. Jean, Chairman read the Notice of Public Hearing and declared the Hearing opened. The check for advertising would be handled by M. Loin of Bertin Engineering. P. St. Jean read the department responses.

The Fire Department submitted a response noting concern regarding access of fire fighting apparatus.

The response received from the Police Department noted recommendation for issuing the permit.

The response from the Department of Public Works was previously submitted and noted in the minutes.

N. Tortis, Director of Inspection Services was present. He noted that commercial use is allowed by zoning at the proposed location. He does not see any public safety issues and believes the proposed plan would be a benefit to the Town. He noted that the lot is not buildable for a residence. Everything would be built to code. He noted that a sprinkler system would not be required for the proposed building.

M. Loin detailed the plan. He noted that Mr. Daou went before the Zoning Board of Appeals for the required setbacks and received them conditional that the setback be marked "no parking." The Application was submitted to Massachusetts Highway Department (MA Highway) for the curb cut with a single entrance/exit proposed. He was given a verbal go ahead from MA Highway. An underground piping system beneath the parking lot is proposed for a storm water catch basin. Landscaping is proposed along the front of the building. The roof runoff would be re-charged back into the ground along the front yard area. The building would house 3 repair bays, a small wait area, and a small restroom. The 3 bays would face Mr. DiGregorio's property. The front would face Worcester Street. The proposed business sign would be mounted along the edge of the building using the zoning setbacks for signage. The first bay would be for vehicle inspections. The building would be constructed with a clapboard style roof with a cupola designed to blend with the neighborhood. The grades would be road level. A swale would be constructed in the rear of the lot to handle rain water to divert drainage away from neighboring properties. Lights would be installed both front and rear of the building. No buffer is proposed between the properties so as not to impede access to the garage building in back of the neighboring property and to allow access for fire-fighting apparatus. He explained the snow removal plan that snow would be taken care of on site. In the case of large snow events, the snow would be taken off site. Clean-out points of the storm water system were designed into the plan. He noted an easement could be worked out with the neighboring property owner regarding access to the back garage if needed. Inspections would be done by appointment only unless the bay is empty. The Applicant may have one car waiting to be inspected. Repairs would be done by appointment only on both public vehicles and Mr. Daou's own vehicles. There would be no Class III license on the property and no overnight storage of vehicles on the lot. Hours of operation would be Monday through Friday 8am to 5pm and Saturday 8am to 12pm. There would be no retail sales at this point. The Applicant recognizes that an amendment to the Special Permit would be needed to sell cars at the proposed location. He noted the location of the signs on the plans.

G. DiPetro of 29 Berry Corner Road, Charlton, MA asked about the location of the construction trucks once work began. She asked what the maximum number of cars could be at that location. M. Loin noted that orange storm fences would be erected while construction is being done. He noted a total of 10 cars are allowed, 3 of which would be employees.

M. Loin noted the road opening would be 24' according to MA Highway.

MOTION: by L. Spinelli to close the Public Hearing. SECONDED: by P. Musci. A vote was taken by a show of hands. The Motion carried unanimous in favor.

L. Spinelli suggested a possible condition on the proposed Special Permit might be no trucks to be parked on neighboring lots and to avoid the southwest corner so as not to interfere with tenant parking. P. Musci suggested the use of orange storm fence to accomplish this. M. Loin agreed for the Applicant. The contractors would place the storm fence as suggested.

MOTION: by L. Spinelli to approve the Special Permit with the condition as noted above. SECONDED: by R. French. A vote was taken by a show of hands. The Motion carried 6 in favor, 1 opposed (Marino.) M. Loin would see Sandy regarding payment for the advertising the following day. P. St. Jean explained the 21-day appeal period to the Applicant.

The Board found that the proposed plans and changes are in harmony with the general purpose and intent of §502.124 of the Southbridge Zoning Bylaws, and further that:

a.  The premises in question are appropriately located and reasonably adapted to the proposed use: Since the Petitioner is proposing a new building, no adaptation to existing premises is needed, and the new building will be designed for the intended use. In order to obtain a building permit the Petitioner will need to submit two sets of plans developed under the current building code, showing the exact site and location of the building on the property.  The building permit will trigger inspections as well as an occupancy permit, when the building is completed.    

b.  The use will not be a nuisance or a serious hazard to vehicles and pedestrians: The proposed building will have a parking area on one side with egress and ingress to and from Worcester Street.  Condition #1 will ensure that building construction does not become a nuisance or hazard.  Visibility from the lot to the street is good. This is important, because Worcester Street is a very busy byway.     

c. Adequate and appropriate facilities will be provided for the proper operation of the proposed use: Inspections by the Town's licensed professionals will ensure that all necessary equipment and facilities are on site and properly installed, including storm drainage facilities. 

9. ANR's – none

10. 7:30pm – Continuation of a Public Hearing - Gallagher, 17 Colonial Drive

P. St. Jean noted that members of the Planning Board (Spinelli, Musci, St. Jean, Payeur, and French) went to the property on December 6, 2009 at 6pm for a sound test. They were impressed with the layout of the studio and the results of the sound test. A Quest Noise Dosimeter was used for the test. The dosimeter read 117 decibels on the inside and 60 decibels on the exterior. 60 decibels is equal to a low voice.

R. Tremblay noted he wanted to see the parking issue addressed. Mr. Gallagher noted that he would expect a maximum of 9 people in the studio at one time. There is parking for 8. He would request that people car pool to keep cars off the street during the winter months. C. Acly suggested a limitation on the number of people allowed in the studio at one time. If the Applicant outgrows that number they would seek an alternative location for the studio. Hours of operation would be 4pm to 10pm Tuesdays through Saturdays. The studio is approximately 2,242 square feet combined total (studio and control room.) Only 2 people are allowed in the control room at one time.

P. St. Jean noted the availability of parking for 5 cars outside during the winter months and 6 during the warmer seasons.

MOTION: by L. Spinelli to close the Public Hearing. SECONDED: by D. Payeur. A vote was taken by a show of hands. The Motion carried unanimous in favor.

MOTION: by L. Spinelli to approve the Special Permit with the following conditions:

1. No more than 5 cars parked outside during the winter and 6 cars during the warmer seasons.
2. Hours of operations to be restricted to Tuesday, Thursday, and Friday 4pm to 10pm; Saturdays 9am to 10pm.
3. Use of the studio is restricted to a maximum of 10 people at one time including the sound engineers.

SECONDED: by D. Payeur. A vote was taken by a show of hands. The Motion carried 7 in favor, 1 opposed (Marino.) P. St. Jean explained the 21-day appeal period.

The Town of Southbridge Special Permit Granting Authority finds that such use is in harmony with the general purpose and intent of Section 502.141 of the Southbridge Zoning Bylaws, and further that:

a.  The premises in question are appropriately located and reasonably adapted to the proposed use:  No adaptation is needed.  The work to accommodate the proposed new use, all in the basement and including installation of approved soundproofing, has already taken place.  An inspection by the Fire Department to be sure that smoke and carbon monoxide detectors are installed correctly and are functional has already taken place.  Condition #3 ensures that the work has been completed appropriately and inspected. No work will be done to the exterior of the building.     

b. The use will be reasonably compatible with other uses permitted as of right in the same location:  Externally, there will be no indication that a home-based business is taking place.  Conditions #1 and #2 will ensure that the proposed use does not have a negative impact upon the neighborhood. There will be no changes, noises, or odors to the neighborhood as a result of the proposed business. A small sign is allowed, but it will not be obtrusive.  A dosimeter test has shown that noise will not be an issue in the neighborhood.

c. The use will not be a nuisance or a serious hazard to vehicles and pedestrians: The residence has a driveway with extra parking for a total of eight cars, as shown on the plan. The Property has safe egress and ingress onto Colonial Drive.    

d. Adequate and appropriate facilities will be provided for the proper operation of the proposed use: The basement area has been fitted for the proposed use and all special equipment has already been purchased, installed and tested.  

11. Old/New Business (cont)

b. Discussion regarding the planned Industrial Park, planned industry, zoning to protect properties, design, landscaping ect to create an attractive park. C. Acly noted the Planning and Development Subcommittee will discuss possible covenants for the park. She suggested the Subcommittee consider "Industrial Park Zoning." She will research this type of zoning.

c. Discussion regarding an update on M. Leighton's (Dodge) business.

d. Discussion regarding Special Permits. The Board concluded that a Special Permit is attached to the property deed and goes with the land. A Special Permit can be stipulated that it would be defunct if the owner leaves the property.

12. Discussion regarding next meeting date of January 20, 2010.

13. MOTION: by P. Musci to close the meeting. SECONDED: by L. Spinelli. A vote was taken by a show of hands. The Motion carried unanimous in favor.

The time was 8:03pm.

Respectfully submitted,

Anna Smith, Recording Clerk

Approved as amended by the Planning Board at their January 20, 2010 meeting.

PLANNING BOARD MINUTES MEETING OF November 18, 2009 6:30 PM, Planning Board Room

PRESENT: C. Acly, L. Spinelli, P. St. Jean, D. Payeur, Rene' Tremblay, J. Marino, P. Musci. Excused: P. Ramirez, R French.

1. The meeting was called to order at 6:33 PM by P. St. Jean, Chairman.

2. Minutes of November 4, 2009 were tabled until next meeting.

3. ANR's -None

4. K. Pickren Requested a Letter from the Planning Board

K. Pickren explained that his former property tenants, Charles River Labs left his property in 2006. He is restricted on what he can do on the property because it is in a residential zone. Certain things may be done with the property as long as they fall under the prevue of the Special Permit issued by the Planning Board. However, the renovations made to the buildings by Charles River Labs makes it difficult to find anyone to lease the property for agricultural use which would be allowed under the Special Permit. Mr. Pickren requested a letter from the Planning Board describing what is allowed and not allowed according to the Table of Use Regulations and the Special Permit on the property. The Board agreed to supply a letter.

L. Spinelli suggested that Mr. Pickren also contact the Building Inspector regarding the lack of building permits and illegal renovations that were done on the property by Charles River Labs.

It was the concensus of the Board that Mr. Pickren could not reapply for a Special Permit to allow commercial use because the property is in a residential zone. The original Special Permit was granted as for agricultural use.

5. Continuation of Public Hearing for Rivers Edge Subdivision

P. St. Jean read the comments from the Police Department which noted no need for a second entrance to the subdivision unless the utilities would be put underground.

M. Loin of Bertin Engineering for Rivers Edge requested copies of the emails and the letter from the Public Works Director (DPW Director) regarding recommendations on this project. He noted that he met with K. Kalinowski, the Public Works Director. According to M. Loin, the Director would like to see looping of the water main to correct a problem on Plimpton Street. He described how that would be accomplished. He noted that an easement would be put in place for a water tower that would not be tied in at this time. He noted that revised plans were drawn that would show the following:

• The first 1,000' of roadway
• Looping of the water main
• A second means of egress from the development
• The easement as noted above
• India grates requested by the DPW Director

M. Loin noted that the meeting with the DPW Director was primarily for clarification of the items in the letter from the Director and the history of the site. Details on looping the water main through or under McKinstry Brook still needs to be worked out. He described agreed upon changes or clarifications to the following items from the DPW Director's letter:

Item 12 -the water and sewer mains would be gravity fed for everything. However, a study was done by the Southbridge Water Department some years ago regarding looping the water main through Plimpton Street that showed no benefit.

Item 13 - will be done accordingly.

Item 14 - regarding the trail: the raised walkways across the wetlands have been worked out with the Conservation Commission. The easements would be in place before the first occupancy would be issued.

L. Spinelli asked why the walking trail couldn't be put in the back of the 8 or 9 lots that have easements for the trail through their properties. He objects to the trail going through properties. He wants to be sure the trail easement is well delineated on the deeds. He would like something more so that the buyer knows about the deed restriction for the trail.

M. Loin showed where the walking trail would go and noted the Department of Environmental restrictions on the properties due to wetlands. He noted where the existing ice house structure was on the plans. He noted that the trail easements would be approved by the Southbridge Conservation Commission. He showed the Board a copy of the trail easement that will be brought before the Conservation Commission the following night for approval by the Conservation Commmission and the state Division of Fisheries and Wildlife. He noted that the easement would be in the covenant and on the property deeds. He noted that by law a real estate agent must disclose the trail easement to prospective buyers.

P. St. Jean suggested that the sign for the development highlight the trail and it should be in any marketing for the subdivision. M. Loin agreed.

Item 15 - the plans will be adjusted to accommodate this item.

Item 16 - was a computer program glitch and the engineer was unable to remove the mark from the plans. The mark is not relevant to the plans.

L. Spinelli asked about the new fire truck specifications. M. Loin noted that they calculated the entire property for access by the new fire truck and it is accessible to it.

Item 17 - M. Loin noted that the Massachusetts Highway specifications will be met. He spoke with the DPW Director regarding this and the Director agreed.

Item 18 - regarding maintenance of the basins: M. Loin noted they would be maintained by the Condominium Association.

Item 19 - will be added as specified.

Item 20 - regarding flood zones: all building construction is outside the 500 year flood zone. The plans will be designated accordingly.

Item 21 - will be completed as specified.

Item 22 - will be completed as specified.

Item 23 - will be completed as specified.

D. Payer asked if the curbing had been worked out. M. Loin noted that the curbing would be constructed as specified by the DPW Director which would be sloped granite curbing.

M. Loin noted that K. LeBlanc and D. Cournoyer are working on a possible 40B on this site. The ZBA would handle it in its' entirety. The density of the development would increase.

C. Acly noted that most do not pursue a 40B in Southbridge because of the restrictions on the amount of profit that can be made is less than a typical subdivision. M. Loin noted there are ways around that. 70% median income is required. A 40B would not convert to Section 8 housing. However, regular housing would convert to Section 8 housing easily.

C. Acly suggested the Board review the previous minutes on this project before voting on it. P. St. Jean requested the new plans with all the revisions for the Board to review. M. Loin agreed and suggested continuing the hearing at the next meeting. The Board will walk the property as soon as possible.

MOTION: by D. Payeur to continue the Public hearing at the next meeting. SECONDED: by P. Musci. A vote was taken by a show of hands. The Motion carried unanimous in favor. The hearing was continued until December 2, 2009 at 6:45pm.

6. M. Leighton for a Special Permit Amendment Inquiry for Midas Muffler, Hamilton Street

C. Acly spoke with Mr. Dodge, the owner of the property regarding the existing Special Permit and the restrictions of the Permit on the use of the property.

M. Leighton explained that he does heavy equipment repair, mainly on location. There isn't as much work currently so he is doing other types of mechanic repair work to make ends meet. He contacted Mr. Dodge regarding renting the old Midas Muffler shop. He was encouraged to come to the Planning Board by Mr. Dodge to discuss the Special Permit. He noted having more insurance on the property than is required. He is doing general automotive repair work. He does not undertake any auto body work.

L. Spinelli noted that the Special Permit must be changed. He noted concern about the traffic and the location of the property.

M. Leighton has been doing work there since October. He estimates he would do approximately 2 cars per day. He could keep 5 vehicles in the building and 4 vehicles on the outside during the day.

P. St. Jean noted that an amendment to the Special Permit could take care of it that it could be attached to the occupancy. Mr. Leighton would need a letter from Mr. Dodge giving him permission to do this work on the property.

C. Acly noted that a Public Hearing would be required for an amendment to the Special Permit. However, the Board might vote to waive the application fee. She noted that the Special Permit goes with the property. The Board could place a condition on that permit stipulating if the tenant leaves the property the Special Permit expires. Mr. Leighton will come in to complete an application. The Board agreed that he might continue to work at the property. C. Acly will email or send a letter to the Building Inspector regarding the status of this inquiry.

7. Old/New Business

a. P. Musci disclosed that he runs his own business out of his home. He uses office space in his bedroom. He services and sells microscopes. He sometimes has clients at his home infrequently works on scopes at home but most often he does the work on location. He is enquiring whether or not a home-based business permit is needed. He noted that all calls go to his cell phone. He does not have a business sign on his property. C. Acly thinks the home-based business by-law is still a bit unclear on what qualifies for a home-based business. The Board plans to discuss and clarify the home-based business by-law during the winter months.

8:20pm - enters N. Tortis, Director of Inspectional Services. The Board updated Mr. Tortis on what transpired during the meeting regarding the former Midas Muffler Shop.

b. N. Tortis recommend changes to the by-laws regarding "setbacks." He recommends they be restricted to commercial property only. C. Acly recommends restricting the amount of impervious surface on residential properties.

c. Goddard Street Repair Shop - still has more than 2 cars there but they are cars to be repaired. L. Spinelli noted there were 5 unregistered vehicles on that property on Sunday.

8. MOTION: by D. Payeur to close the meeting. SECONDED: by L. Spinelli. A vote was taken by a show of hands. The Motion carried unanimous in favor. The time was 8:48pm.

Respectfully submitted,

Anna Smith, Recording Clerk

Approved with corrections by the Planning Board at their meeting on December 1, 2009

PLANNING BOARD MINUTES MEETING OF October 21, 2009 6:30 PM, Planning Board Room

PRESENT: D. Payeur, L. Spinelli, R.J. Marino, P. Musci, Rene' Tremblay, Excused: P. St. Jean, P. Ramirez, R. French; Detained: C. Acly,

1. The meeting was called to order at 6:30 PM by D. Payeur, Acting Chairman.

2. Minutes of October 7, 2009 postponed until November 4, 2009.

3. ANR's - none

4. Old/New Business

Rivers Edge Subdivision - L. Spinelli attempted to walk the property and had difficulty locating the road and lots. He suggested it get "tagged." M. Loin offered to walk the property with the Planning Board members. M. Loin noted that the roads meet the MA Highway specifications.

5. 6:45PM - Continuation of a Public Hearing for a Special Permit for J. Daou for Auto Repair at 747-769 Worcester Street

D. Payeur, Acting Chairman informed the Applicant that there were only 5 members present and all 5 members would need to vote in the affirmative in order for the special Permit to be approved. He gave the Applicant the option of withdrawing until a full Board could be present to hear the Application. M. Loin conferred with J. Daou and they decided to proceed with the Hearing. M. Loin noted that they met with the Zoning Board of Appeals (ZBA) on October 15, 2009 and had received the necessary variances, which included the rear set back, parking spaces, and the front driveway as noted in the ZBA variance.

D. Payeur read the Department responses.

The Director of Public Works sent a response noting several concerns about the plans.

The Health Director submitted a response noting concerns regarding the ground water recharge.

The Inspection Department's response noted no objections to the plans.

The response from the Fire Department noted a concern for the space needed for fire-fighting apparatus, amongst others.

The Police Department submitted a response noting a concern about the proposed business in relation to the Industrial Park Access Road (Access Road) with a suggestion that a traffic light may be needed. The Police Department therefore requested additional information regarding traffic flow. M. Loin responded noting the property is actually 500' from the proposed Access Road.

D. Payeur noted that the fee was owed for the advertising. M. Loin noted that C. Acly offered to obtain the check from Bertin Engineering's office.

M. Loin submitted revised plans, taking into consideration the Department responses. He submitted a letter that he believed addressed the concerns of the Public Works Director.

M.Loin introduced the proposed project. He noted that the building would be constructed as a 3-bay service garage. The site is adjacent to Mr. DiGregorios' property which maintained a car repair shop for many years. Mr. Daous' convenience store is a short distance down the road. There are 10 proposed parking spaces on the property with a single access off of Route 169. He reviewed the ZBA variance with the stipulations noted. He reviewed the letter noting the changes as requested by the Public Works Department. He noted there was no need for fire suppression sprinklers according to state code. The preliminary plans have been submitted to MA Highway. The curb-cut falls under MA Highway's jurisdiction. He noted in regards to the concern of the Health Director, there is no leaching so therefore there is no need for percolation as suggested. The plans include adding 2 trees and a grassed area in front of the building. The driveway and bays would face north away from the abutting resident. One bay would be for vehicle inspections. A second and third bay would be for servicing vehicles. The plans call for a small waiting area, office, and rest rooms which would be handi-capped accessible. The plans call for a single-story stone building with a cupola which he believes conforms with the look of the neighborhood. There are 2 service signs planned that would face the road. The site is zoned General Business. It is a pre-existing non-conforming buildable lot. It is in keeping with other service establishments and commercial buildings in the area. It fits the zoning requirements. The applicant does not intend to put a fence around the property that would impede fire apparatus around the building. He noted that the proposed business would not be a nuisance to the neighborhood. There would be a controlled driveway access to create a safe entry onto Route 169. He explained the manner with which storm water run-off would be handled on the site. The business would mainly service Mr. Daous used cars. The Inspections and service would be by appointment only. The Applicant tried to plan a business that would work with the neighborhood. The proposed building would be 40 feet by 50 feet. The plans exceed the parking requirements according to the by-law. The building would be 20 feet from the neighboring resident. He noted that the plans meet all setback requirements.

L. Spinelli noted that the 2 parcels became 2 contiguous lots. A house could not be built on it. The Planning Board never changed the General Business Zone and probably shouldn't have allowed any new houses on that road. He noted the proposal meets the law. The Board does not have to grant a Special Permit if it determines it is a nuisance. The Board may be able to make as a condition that no fence be erected to block access to the neighboring property.

DISSCUSSION: L. Spinelli would like to close the Hearing and postpone voting on the proposal until the next meeting.

MOTION: by Rene' Tremblay to continue hearing until the next meeting. SECONDED: by L. Spinelli. A vote was taken by a show of hands. The Motion carried unanimous of all present. D. Payeur suggested the Board members tour the site and become familiar with it. J. Daou gave permission to the Board to walk the site again.

7:30pm - enters C. Acly

M. Loin noted that the building would be at street level. R. Marino noted there may be a safety issue with the Access Road and this business causing more congestion as the Police Department noted in their comments. He also noted that traffic speeds should be lowered there. M. Loin noted that the Police Department originally thought this property was closer to the Access Road than it actually is. He noted that Route 169 is a state highway and can handle much more traffic than there is now. There is no parking on the state highway portion of the road. He noted that speeds might be lowered there but would have to go through the process through MA Highway based on a certain number of "warrants" issued.

DiGregoriao of 766 Worcester Street noted that he had been told that the lot was too small to be built on. He felt there were a lot of traffic accidents there.

Mr. & Mrs. DiPietro for GMR Realty, 747 Worcester Street noted their belief that the proposal would take a structure behind the proposed business (back garage), which has been there for many years, out of commission. They also noted they felt the business would be a nuisance to 747 Worcester Street and R. DiGregorios' property. M. Loin noted the Applicant chose not to put up a fence so access to the back garage would be maintained.

L. Spinelli asked for a flag for the driveway. M. Loin noted there was a railroad spike where the driveway would be.

6. Old/New Business (cont.)

R. J. Marino noticed car repairs being conducted at a house on Worcester Street (after Rosemeade Apartments and before 747 Worcester Street). C. Acly will send a note to N. Tortis regarding this and continued activity at Midas Muffler. She will inquire whether or not a Cease and Desist order has been issued to Midas Muffler.

There are 4 non-registered vehicles at a site on Goddard Street. An amendment would be needed to the Special Permit for open-lot storage.

7. Conflict of Interest Law Requirements

C. Acly explained the changes to the Conflict of Interest Law and Town employees and board and committee members' requirements under the changes.

8. MOTION: by L. Spinelli to close the meeting. SECONDED: by Rene' Tremblay. A vote was taken by a show of hands. The Motion carried unanimous in favor.

The time was 8:23PM

Respectfully submitted,

Anna Smith, Recording Clerk

Approved with corrections by the Planning Board at their meeting on November 4, 2009

PLANNING BOARD MINUTES MEETING OF October 7, 2009 6:30 PM, Planning Board Room

PRESENT: P. St. Jean, D. Payeur, L. Spinelli, Rene' Tremblay, Robert Tremblay, R. Marino EXCUSED: C. Acly, R. French, P. Ramirez

1. 6:32pm P. St. Jean, Chairman opened the meeting.

2. Chairperson's Announcements

a. Regarding the convenience store/gas station on Worcester Street owned by Mr. Daou: the advertisement signs on the fence are against the law. The Board will ask N. Tortis to talk to Mr. Daou regarding this and about removing some of the cars that are for sale in front of the house. In reference to the Public Hearing scheduled to hear Mr. Daou's application to further expand this business across the street, the Chairman plans to continue it to the following meeting in order to give the Zoning Board of Appeals a chance to hear the case on October 15, 2009. b. P. St. Jean, Chairman will be in Florida on October 21, 2009. D. Payeur will serve as Chairman in his absence. c. There is uncertainty on whether or not the Developer for Rivers Edge will be attending the Planning Board meeting on October 21, 2009. d. The Planning Board members plan on walking the property where the planned Rivers Edge Development would be on Sunday at 3:00pm.

3. ANR's - none

4. MOTION: by P. Musci to approve the Minutes of September 16, 2009 as written. SECONDED: by L. Spinelli. A vote was taken by a show of hands. The Motion carried 5 in favor 1 abstained (Payeur.)

5. 6:45pm - Public Hearing - Bertin Engineering for Mr. Daou for a Special Permit for Auto Repair on Worcester Street

P. St. Jean, Chairman read the Notice of Public Hearing. He appointed L. Spinelli and Rene' Tremblay to serve of the Special Permit Granting Authority. He declared the Hearing opened. He read a letter from M. Loin of Bertin Engineering requesting that the Hearing be postponed.

MOTION: by L. Spinelli to continue the Hearing to October 21 at 6:45pm. SECONDED: by P. Musci. A vote was taken by a show of hands. The Motion carried unanimous in favor.

6. Chapter 61 Letter from Atty. Colognesi

P. St. Jean read the letter from Atty. Colognesi regarding property on Blackmer Hill. The property was owned by the late Mr. Morneau who left his farm to Opacum Land Trust. Opacum has kept the land in Chapter 61 and now wish to sell the house and a small amount of land with it. They have a buyer for the property. This will remove that portion of the land from Chapter 61 and the Town has the right of first refusal. This means the Town could purchase the house for the amount that has been negotiated. The Planning Board, amongst other groups has been contacted for their comments regarding the Town purchasing the property or allowing it to be sold.

DISCUSSION: regarding the above. The consensus of the Board was to recommend that the Town not exercise its' right of first refusal and allow the property to be sold. MOTION: by L. Spinelli to send a letter to the Town Manager with the Board's recommendation. SECONDED: by P. Musci. A vote was taken by a show of hands. The Motion carried unanimous in favor. P. St. Jean dictated and signed a letter to the Town Manager to that effect.

7. Old/New Business

• a. Midas Muffler on Hamilton and Edwards Street - N. Tortis will visit Midas to issue a Cease and Desist order.
• b. Garage on Goddard Street- appears to be running a used car lot. There is currently a Special Permit for this property for an auto repair garage. There appears to be other activities going on there that fall outside the realm of the Special Permit. N. Tortis needs to visit this property. A permit for open lot storage may be needed. D. Payeur suggested a formal request to N. Tortis, as Enforcement Agent for the Planning Board regarding this property. P. St. Jean will email N. Tortis regarding the above.
• c. Central Mass Regional Planning Commission Representative - D. Payeur will consider taking this position. He will notify the Board of his decision on October 21, 2009.
• d. The Main Street Flower Shop - fence is in the process of being fabricated.

8. MOTION: by L. Spinelli to close the meeting. SECONDED: by Rene' Tremblay. A vote was taken by a show of hands. The Motion carried unanimous in favor. The time was 7:35pm.

Respectfully submitted,

Anna Smith, Recording Clerk

PLANNING BOARD MINUTES MEETING OF September 16, 2009 6:30 PM, Planning Board Room

PRESENT: C. Acly, P. St. Jean, D. Payeur, L. Spinelli, R. Marino, P. Musci, R. French, Rene' Tremblay

EXCUSED: P. Ramirez, D. Payeur

1. The meeting was called to order at 6:30 PM by P. St. Jean, Chairman.

2. ANR's - none

3. MOTION: by R. French to accept the minutes of September 2, 2009, as written. SECONDED: by L. Spinelli. A vote was taken by a show of hands. The Motion carried unanimous of all present.

4. Special Permit Inquiry by N. Beauregard for Sara and Michael Lott, 74 South Street for a Mixed Use Building

N. Beauregard explained that he is friends with the Lotts' and is trying to help them out, as their home is in foreclosure. The home is 4,500 sq feet. They wish to put professional offices in the first floor, such as a massage therapist, or a chiropractor. The Lotts live on the second floor. There is a second apartment on the second floor. Although there is no designated parking lot, there appears to be room for 5-6 cars in the back. As an alternative, they may rent a parking lot. There is a Right-of-Way in the back of the property. There is room for handi-capped parking. The house is approximately 150 years old and has been partially renovated and re-sided. There are bathroom and kitchen access on the first floor and 2 large rooms that could be leased. The Applicants have not yet met with the Building Inspector. P. St. Jean, Chairman suggested they meet with the Building Inspector prior to applying for a Special Permit. R. Tremblay noted that the Right-of-Way in the back of this building currently services 5-6 houses.

P. St. Jean, Chairman noted that the Applicants must be sure they are up to date on all taxes, water and sewers bills in order to be granted a Special Permit. He also noted that a Special Permit would be for the owner of the property. The Applicants may need to address the issue of foreclosure before applying for a Special Permit. The Applicants would be required to submit a plot plan with a notation regarding designated parking spaces for the tenants of both apartment and the professional offices. The property is in a 2-family zone.

5. 6:46PM - Public Hearing for a Special Permit for Rivers Edge Subdivision Cluster Development

P. St. Jean, Chairman read the Notice of Public Hearing and declared the Hearing open. He appointed L. Spinelli and R. Tremblay to serve on the Special Permit Granting Authority. He noted that he had spoken to the Director of Public Works and the Water Department concerning the project and both Departments indicated there were several issues with the project that would need to be addressed including the water pipes, electrical poles, and possibly traffic. C. Acly noted that the project did meet all the requirements of the Conservation Commission when it was initially brought before the Board.

DISSCUSSION: regarding continuing the Public Hearing in order to conduct a site walk of the project.

MOTION: by L. Spinelli to continue the Public Hearing to November 4, 2009 at 6:45PM. The Board plans to walk the site before the continuation of the hearing. SECONDED: by R. French. A vote was taken by a show of hands. The Motion carried unanimous in favor.

6. Hunters Ridge - Release of Lot 229

Lot 229 is on the list of approved lots for release, i.e., the lot can be accommodated without the water tower being in place. Public Works and Inspections have completed all sign-offs. The sidewalks are complete up to Lot 229. They are currently up to date on their taxes. They had been behind but have rectified that. Mr. Pelletz has agreed to meet with the Board on the second meeting in October.

MOTION: by L. Spinelli to release lot 229 from the Tri-partite Agreement. SECONDED: by R. French. A vote was taken by a show of hands. The Motion carried unanimous in favor. The Board signed the release. C. Acly will sign the release when it is notarized.

7. DISCUSSION: regarding Mr. Daou's proposal for a 3-bay service garage on the lot across from his convenience store on Worcester Street.

The building will require variances. The proposed building would be very close to the street. The proposal would need to go before the Zoning Board of Appeals (ZBA). The ZBA meets again on September 24, 2009. The Public Hearing before the Planning Board was scheduled for October 7, 2009 at 6:45PM.

8. MOTION: by L. Spinelli to close the meeting. SECONDED: by P. Musci. A vote was taken by a show of hands. The Motion carried unanimous in favor.

The time was 7:16PM

Respectfully submitted,

Anna Smith, Recording Clerk

PLANNING BOARD MINUTES MEETING OF September 2, 2009 6:30 PM, Planning Board Room

PRESENT: C. Acly, P. St. Jean, D. Payeur, L. Spinelli, R. French, Rene' Tremblay

EXCUSED: P. Ramirez, P. Musci, R. Marino

1. The meeting was called to order at 6:30 PM by P. St. Jean, Chairman.

2. P. St. Jean, Chairman appointed L. Spinelli and Rene' Tremblay to serve on the Special Permit Granting Authority

3. MOTION: by D. Payeur to accept the minutes of August 19, 2009 with the following correction:

Page 1, Item #5. ANR - R. Dibonaventure for Marc A. Dipietro and Eve M. Dipietro. "R. Bibonaventure is purchasing land from the Dipietro's." should read: "M. Dipietro is purchasing land from the R. Dibonaventure." The Applicants wish to impose an

SECONDED: by L. Spinelli. A vote was taken by a show of hands. The Motion carried unanimous of all present.

4. ANR's - none

5. Pleasant Hill Estates Tri-partite Agreement and Lot Release from Covenant

Atty. E. A. Neal III noted he would execute 4 originals so the Applicant, Owner, the Town, and the bank would all have originals.

The $208,600.00 amount covers ongoing work and is not incorporated into the Tri-partite.

M. Loin of Bertin Engineering reports that Part I, Phase I is done except for the electrical conduit on site. That will be installed next week. The pump station is 95% complete. It only needs to be tied in electrically. There is currently one definite sale and one tentative sale.

MOTION: by L. Spinelli to accept the Tri-partite Agreement. SECONDED: by R. French. A vote was taken by a show of hands. The Motion carried 5 in favor, 1 abstained (Tremblay.)

MOTION: by C. Acly to release lots 1, 2, 3, 4, 22, 23, 24, 25, 26, 27, 28, 29, 30, and 31 from the Covenant. SECONDED: by L. Spinelli. A vote was taken by a show of hands. The Motion carried 5 in favor, 1 abstained (Tremblay.) Atty. Neal noted that one of the lots is reserved for green space. The Board signed the Partial Release of Covenant for the above listed lots.

DISCUSSION: regarding extension of Subdivision. The Developer is requesting 5 years. The Board agreed to extend the Subdivision 3 years to September 30, 2012.

6. 6:55PM - Continuation of a Public Hearing for PBTBL Realty, 42 Edwards Street for a Mixed-use Building

P. St. Jean, Chairman asked if the attorneys had reached an agreement.

Atty. Neal, representative for the Applicant submitted a copy of a fax cover sheet he sent to Atty. Rousseau, representative for the Tinkers of the Applicants proposal.

Atty. Rousseau, representative for the Tinkers acknowledge recipe of the fax sheet but noted unhappiness with the wording of the conditions. He felt the wording of the use of the right-of-way was broader than his clients would like. He also noted that the conditions did not mention a traffic study. He noted that safety was still and issue. He also noted his opinion that the proposed use of the property is not allowed under the Town's by-laws.

Atty. Neal disagreed that a traffic study was needed. He noted that the Applicant is limiting the use to 2 commercial and 2 residential units. He apologized to the Board. He didn't believe there were any unresolved issues or he would have conveyed as mush to the Board.

J. Russell of 29 Marcy Street noted concern about the noise and visual issues on the site. She did not receive copies of the plans. She did not feel that her concerns have been addressed because she hadn't received anything in writing. She also expressed concern about snow removal being pushed onto her property. M. Loin explained that her property was up gradient to 42 Edwards Street and therefore the snow plowing and snow melting would be down gradient to her property.

Atty. Neal explained that he believed her wishes would be addressed if the plan as designed is voted on.

C. Acly noted that most Special Permit applications requiring a traffic study are very large projects. Atty. Neal would ask for the traffic study be waived if necessary.

MOTION: by L. Spinelli to waive the traffic study. SECONDED: by R. French.

DISCUSSION: regarding the need for a traffic study.

J. Smith of 104 Fiske Street expressed his desire to see the law followed. He asked why this project would not require a traffic study.

P. St. Jean noted that because of the cost of a traffic study it is not usually required.

M. Loin noted that Public Works has commented on the plans and did not note a need for a traffic study.

C. Acly noted that the Zoning By-laws section refers to traffic studies. However, most projects do not warrant one. She noted that if a traffic study was required on this project it would single it out from other similar projects in which they were not required to conduct a traffic study.

M. Loin noted the following similar projects in the area that did not require a traffic study:

• Dr. Paszkowksi's mixed use property on the corner of Orchard and Dresser Streets
• Funeral parlor on Marcy Street

He referred again to Public Work's (DPW) review of this project. He noted that DPW looks at issues of public safety and traffic. He explained it is common practice of the Board to rely upon the Town Departments for this input.

R. Tremblay asked what law mandates that the Board require a traffic study. Atty. Rousseau produced the Town by-law containing the applicable citation as 701.1. R. Tremblay read it out loud. P. St. Jean re-read the input solicited from the Town Departments; namely the Police Department, DPW, and Fire Departments.

A vote to waive the traffic study was taken by a show of hands. The Motion carried unanimous in favor.

Atty. Rousseau noted taking exception with the proposed use as a mixed use. He didn't feel the use was appropriate and if it is the by-laws need to be amended.

P. St. Jean noted that this proposal was in keeping with what has been approved by the Board in the past.

Mrs. Tinker asked about having just a 2-family at 42 Edwards Street. P. St. Jean noted that the Board is responding to the Application before them.

Atty. Rousseau noted that the concerns about safety were valid. He explained his clients wanted the driveway to be used as it had in the past. P. St. Jean noted that it would be used for non-commercial use as it was before. Mrs. Tinker noted that they didn't want strangers going up and down the driveway.

L. Spinelli noted that the scouts were on the property by invitation only. Atty. Neal noted that the owners are scout leaders. The scouts are not free to come freely or even for scheduled meetings. Canoes for the scouts are stored there only. M. Loin noted that this driveway/right-of-way has been there. There are no conditions or restrictions on the right-of-way. J. Russell noted that the scouts were very noisy.

Atty. Rousseau would like the language of the agreement to be changed.

MOTION: by L. Spinelli to close the Public Hearing. SECONDED: by D. Payeur.

DISCUSSION: R. French noted his opinion that there were still too many issues to close the hearing. Other members felt the issues could still be discussed with the hearing closed. A vote was taken by a show of hands. The Motion carried unanimous in favor.

M. Loin asked what the Officer of Zoning had given as a response to comments. No response was received from N. Tortis, Zoning Officer.

DISCUSSION: regarding definition of a 2-family vs. a multi-family and the applicability of that to this Application. Atty. Neal noted that the Applicant could have applied for a multi-family but instead applied for a 2-family, mixed use. Atty. Rousseau argued the applicability and point of a multi-family. R. French felt the Board should obtain a legal opinion regarding the definition of 2-family vs. multi-family according to the Town by-laws. C. Acly noted it was more an issue of the professional offices that trips the need for a Special Permit.

DISCUSSION: regarding a need for an opinion from the Town's attorney regarding the issue of multi-family vs. 2-family. The consensus of the Board was that an opinion was not needed on this issue.

DISCUSSION: regarding possible conditions on the Special Permit should it be granted.

MOTION: by L. Spinelli to approve the Special Permit with the following conditions:

1. The proposed professional offices shall not become residential units
2. Shrubbery in the form of 5 evergreens shall be planted to shield the parking area from view of the neighbors as shown on the plans
3. Use of the right of way on adjacent land leading to the barn located on the subject property shall be limited to the non-commercial use by the Applicant and Applicant's agents, servants or employees, and to the residential occupants of the property.
4. Any snow removed by the Applicant from the right of way on the land adjacent to the subject property shall be confined to the subject property.
5. A sign shall be erected next to the driveway to note the "Office Entrance."

SECONDED: by D. Payeur. C. Acly read the findings.

The Board found that the proposed plans and changes are in harmony with the general purpose and intent of §502.14 and §502.92 of the Southbridge Zoning Bylaws, and further that:

a. The premises in question are appropriately located and reasonably adapted to the proposed use: Since the Edwards/Marcy neighborhood is very much a mixed-use area, the proposed premises will be appropriately located. The original building on the site was demolished and the owners propose to build anew. The proposed building has been designed specifically for the site at 42 Edwards Street.

b. The use will not be a nuisance or a serious hazard to vehicles and pedestrians: A 20-foot wide driveway will be built to provide safe ingress, egress, and good visibility onto Edwards Street. Condition #3 limits the use of the shared driveway to non-commercial use. Condition #5 encourages the use of the new driveway, which will be wider and more serviceable than the original, shared driveway. It is likely that the shared driveway will be used much less than in the past.

c. Adequate and appropriate facilities will be provided for the proper use of the proposed use. The site plan and building have been designed and prepared in accordance with current building codes and with attention to the safety of the site. MA requirements for building plans ensure that the residential and professional units will have all necessary elements and facilities for each proposed use.

d. The use will be reasonably compatible with other uses permitted as of right in the same location: There are several other mixed use buildings in the neighborhood. The professional offices will be mostly unused during the evenings and weekends when most families are home; therefore, they will not interfere with the residential use of the neighborhood. The vegetation plan and Condition #2 will help shield the parking area from abutters' view. Condition #4 will prevent snow from being placed on the neighbors' property.

A vote was taken by a show of hands. The Motion carried unanimous in favor. P. St. Jean explained the 20-day appeal period.

7:52PM - L. Spinelli is excused.

7. MOTION: by R. French to close the meeting. SECONDED: by D. Payeur. A vote was taken by a show of hands. The Motion carried unanimous in favor.

The time was 8:15PM

Respectfully submitted,

Anna Smith, Recording Clerk

Approved with corrections by the Planning Board at their meeting on September 16, 2009.

PLANNING BOARD MINUTES MEETING OF June 17, 2009 6:30 PM, Planning Board Room

PRESENT: P. St. Jean, D. Payeur, L. Spinelli, R. French, Rene' Tremblay, Robert Tremblay, R. Marino;

EXCUSED: C. Acly, P. Ramirez

1. 6:33pm P. St. Jean, Chairman opened the meeting.

2. MOTION: by Robert Tremblay to approved the minutes of June 3, 2009 with the following corrections:

Page 2, paragraph 3: "DISCUSSION: regarding hours of operation. The consensus of the Board was there was no issue of operating on Saturdays." Should read: "DISCUSSION: regarding hours of operation. The consensus of the Board was that operating on Saturdays during the hours of 9am to 5pm was fine.

Page 3, paragraph 7: "The proposed building would be 109 square feet, which is smaller that the previous building on that lot." Should read: "The proposed building would be 2080 square feet, which is smaller that the previous building on that lot."

SECONDED by: D. Payeur. A vote was taken by a show of hands the motion carried 4 in favor 2 abstained (French, Marino.)

3. Chairman's Announcements - Summer meeting schedule is as follows: July 15, 2009 and August 19, 2009.

4. Public Hearing for 28 Servant Way was postponed until July 15, 2009 at 6:45Pm due to a clerical error.

5. Public Hearing for PBTDL Realty Trust was postponed until July 15, 2009 at 7:15pm.

6. M. Lussier, for Servant Woods Subdivision

M. Lussier, Developer for Servant Woods Subdivision requested a release from the Covenant of lots 9, 3, and 4.

MOTION: by L. Spinelli to release lots 9, 3, and 4 from the covenant for Servant Woods Subdivision. SECONDED: by R. French.

DISCUSSION: regarding whether or not money would be released from the covenant. M. Lussier indicated that he is not looking for a release of funds from the tri-partite agreement at this time.

A vote was taken by a show of hands. The Motion carried unanimous in favor. Note: initialized change on letter.

7. M. Loin for Mr. Zucco, Servant Way Pleasant Hill

M. Loin requests on behalf of Mr. Zucco, a release of 13 lots in Phase I, from the covenant. He noted that the bank is looking for lots in Phase I to be released from the covenant when the tri-partite is put in place. He noted that Part I, Phase I will have all utilities put in. Part I, Phase II will include the finish coat on the road.

The letter the bank wrote for the release of the covenant will be reviewed by the Town's attorney before it will be signed.

MOTION: by L. Spinelli that 13 lots be released from the covenant providing the Town attorney approves it. SECONDED: by D. Payeur. A vote was taken by a show of hands. The Motion carried unanimous in favor.

8. Update on Rivers Edge Subdivision

The Special Permit has expired. A new Application is required according to the Town's attorney.

9. MOTION: by L. Spinelli to close the meeting. SECONDED: by R. French. A vote was taken by a show of hands. The Motion carried unanimous. The time was 7:04pm.

Respectfully submitted, Anna Smith, Recording Clerk

Approved with correction by the Planning Board at their meeting on July 15, 2009.

PLANNING BOARD MINUTES MEETING OF June 3, 2009 6:30 PM, Planning Board Room

PRESENT: C. Acly, P. St. Jean, D. Payeur, L. Spinelli, R. French, Rene' Tremblay, Robert Tremblay

EXCUSED: P. Ramirez

1. The meeting was called to order at 6:30 PM by P. St. Jean, Chairman.

2. Christopher Clark, Town Manager was present regarding his recommendation for appointment of Joseph Marino to the Planning Board.

L. Spinelli also announced his desire to be reappointed as a regular member to the Planning Board. He will submit a letter to that effect to the Town Managers office.

3. P. St. Jean appointed L. Spinelli and Rene' Tremblay to serve on the Special Permit Granting Authority.

4. Public Hearing for J. Bousquet for a Special Permit for a Home-based Business of ATV and Motorcycle Tire Repair

P. St. Jean read the Notice of Public Hearing and declared the Public Hearing open. He read the Department responses.

The Police Department submitted a response recommending the hours of operation be limited to Monday through Friday 9am to 5pm and to remove the sign that reads "Beep Horn for Service" so it is not a disturbance to the neighborhood.

The Department of Public Works submitted a response stating they did not anticipate any adverse impacts under the purview of Public Works.

The response from the Fire Department indicated no issues with the application.

The Applicant described his plan to the Planning Board noting that he would be offering a needed service not currently available in the area. He already owns the equipment needed for the business. He is willing to take the sign down that reads "Beep Horn for Service" and would reduce the hours of operation to Monday through Friday 9am to 5pm. He noted that he would only repair tires for ATV's and motorcycles. He would not do any vehicle repair. He would like to be open on Saturdays. He has informed the immediate neighbors of his plans. He has had no problems with his neighbors. Work would be done in the garage under the house. No vehicles on the property. The tires would be dropped off and picked up by the customers.

MOTIONS: by D. Payeur to close the Public Hearing. SECONDED: by R. French. A vote was taken by a show of hands. The Motion carried unanimous in favor.

DISCUSSION: regarding hours of operation. The consensus of the Board was there was no issue of that operating on Saturdays during the hours of 9am to 5pm was fine.

MOTION: by D. Payeur to approve the Special Permit. SECONDED: by L. Spinelli. A vote was taken by a show of hands. The Motion carried unanimous in favor. P. St. Jean explained the 20-day appeal period which begins once the permit is filed with the Town Clerk's office.

5. MOTION: by D. Payeur to accept the minutes of April 20, 2009 with the following corrections:

Add the following paragraph on page 3 after the second paragraph:

MOTION: by D. Payeur that a Special Permit is not required because the building is grandfathered for use as professional offices. SECONDED: by C. Acly. A vote was taken by a show of hands. The Motion carried unanimous in favor."

SECONDED: by C. Acly. A vote was taken by a show of hands. The Motion carried 5 in favor 2 abstained (L. Spinelli, Rene' Tremblay.)

6. Public Hearing for a Special Permit for PBTBL Realty, 42 Edwards Street for a Mixed-use Building

P. St. Jean read notice of Public Hearing and determined the Public Hearing opened. He read the Department responses.

The Department of Public Works submitted a response noting a conflict with the Right-of-way with the paperwork vs. the plans listing the Right-of-way containing water for the building. Public Works further recommended a notation on the plans of a snow removal storage area.

The response from the Fire Department noted no issues with the Application but would submit additional input during the construction phase.

The response received from the Police Department noted no issues with the Application.

The response from the Historical Commission noted a recommendation that the building be constructed in accordance with the historic period of the original structure, and that the exterior of the existing barn be left as is.

H. Blakely of Bertin Engineering for PBTL Realty outlined the plans for the Board. She noted the building would be a 2-story structure. The first floor would contain 2 professional office spaces. The second floor would contain two 2-bedroom apartments. She noted ample parking for the tenants. There would be 4 parking spaces in total including the garage and separate parking areas assigned for the tenants and separate parking for the professional offices. The traffic flow would be planned to take advantage of the parking area.

The proposed building would be 109 2080 square feet, which is smaller that the previous building on that lot. There is a grading easement on the left. There is a plan to add wording to the plan to include storage of snow. They tried to make the building historically pleasing. There would be 353 square feet of entry way, reducing the amount of needed parking by 2. Exterior light of the entry way is planned. The first floor egress would be addressed when the building plans are developed. The second floor has entrances and exits on both sides.

The Board reviewed the site plan. In a multi-family zone frontage is 72 feet. The building is 2,080 square feet; 40 feet by 52 feet. The right-of-way is used primarily by the residents. Facing the neighbors is a grassed green space.

J. Russell, 29 March Street. She lives in a second floor condo adjacent to the proposed mixed-use building. She was concerned that where she previously saw only green space she would now see a dumpster from her window because the trees have been taken down. She wondered if a fence could be erected to block the view.

D. Gagnon, 29 Marcy Street noted that the former hedge was taken down. She also is requesting a fence be erected to block her view of the lot. She noted that the parking lot is 50 feet or less from her bedroom.

Robert Tremblay asked if the owner might be amendable to planting arborvitae or some other greenery to shield the view for the neighbors. H. Blakely thought the owner may be amendable to this change and will recommend this.

Mr. & Mrs. W. Tinker, 32 Edwards Street had an issue with use of the right-of-way. They noted that their front walkway exits the driveway and the apartment needs the right-of-way for access to the barn. They suggested re-configuring the sidewalk. They noted that when their family moved in it was a single-family resident. The drive-way of the proposed building is their back yard. The driveway was designed for a single or a two-family home. They have no objections to the building.

H. Blakely noted that the right-of-way was designed for the driveway and the parking lot for the residents as it would be now.

Mr. W. Belanger, 51 March Street (Belanger Funeral Home) noted his issue with use of the right-of-way and supports Mr. & Mrs. Tinkers suggestion. He is concerned about an accident happening in the right-of-way. He noted that previous "No Parking" signs on the right side of Edwards Street have been taken down adding to the problems on the street.

P. St. Jean suggested a site visit and continuation of the Public Hearing at the next meeting on June 17, 2009 at 6:00pm. The Applicant will stake out the driveway and mark it on the plans.

7. Subdivision Updates

Pleasant Heights - H. Blakely of Bertin Engineering noted that the owner is looking to start up the project again. Clarification for the tri-partite and the bond is needed.

C. Acly noted that she spoke with the bank and relayed that the bank would loan the money needed for the sewer station first then there would be a tri-partite for the other improvements. She noted that K. Kalinowski, Director of Public Works reviewed the changes to the plans and discovered the monies were only for the Phase I of the roadway and improvements. He is fine with the changes relative to Phase I. This could be further secured through the tri-partite agreement.

C. Acly noted that this subdivision has expired, however it has been started. The owner needs to request an extension which the Board could grant for a number of years. The road is roughed in all the way up. She noted she has not seen the conservation easement. It could be made part of the Phase I agreement. The Board needs a copy of the proposed work. She will speak with K. Kalinowski regarding this and the possible tri-partite agreement. Details of the trails would have to be listed in the deed.

8. MOTION: by D. Payeur to close the meeting. Seconded: by R. French. A vote was taken by a show of hands. The Motion carried unanimous in favor.

The time was 8:32pm.

Respectfully submitted, Anna Smith, Recording Clerk

Approved with corrections by the Planning Board at their meeting on June 17, 2009.

PLANNING BOARD MINUTES MEETING OF May 20, 2009 6:30 PM, Planning Board Room

PRESENT: C. Acly, P. St. Jean, D. Payeur, R. French, Robert Tremblay

EXCUSED: P. Ramirez

1. The meeting was called to order at 6:35 PM by P. St. Jean, Chairman.

2. MOTION: by C. Acly to accept the minutes of May 6, 2009 with the following corrections:

Item #2 - "P. St. Jean visited the business and instructed the owner to see N. Tortis, Building Inspector." Should read: "P. St. Jean called the business and instructed the owner to see N. Tortis, Building Inspector."

Item #6 - Omit the word "road" in "Special Permit Inquiry for a Home-based Business of Tire Service by J. Bousquet Road, …

Item #7 - "C. Acly explained that the above project needs a letter to extend the Special Permit to May 6^th" ; should read: "C. Acly explained that the above project needs a letter to extend the Special Permit to May 6, 2009."

Item #9a - "Pleasant Heights - … C. Acly explained to the bank that the Planning Board must approve before the lots are removed from the Tri-partite Agreement." Should read: "Pleasant Heights - … C. Acly explained to the bank that the Planning Board must approve the lots before they are removed from the Tri-partite Agreement."

3. Chairmans' Announcements - none

4. ANR's - none

5. Special Permit Inquiry by Bertin Engineering for PBTDL Realty Trust - 42 Edwards Street

H. Blakely of Bertin Engineering explained proposed changes to the plan of 42 Edwards Street for a mixed use building with two residences and two professional offices. The former building that burned has been razed, and PBTDL Realty Trust proposes a new building. The original building was on the historical register and the existing barn still is. The neighborhood is small with traditional architecture. C. Acly noted that because of this she suggested the Historical Commission be asked to give comments on this plan.

The plan as described by H. Blakely shows the need to continue use of the deeded right of way. There are 16 parking spaces planned including the garage. The Planning Board members suggested shielded lighting and repair of the existing garage. H. Blakely will check to see if the owner plans to repair the garage.

Bertin Engineering has submitted a full site plan and all materials in order to hold a June 3, 2009 Public Hearing. The Public Hearing was scheduled for June 3, 2009 at 7:15PM.

6. Special Permit Inquiry by C. Ngugi for a Limousine Service at 495 Main Street ("The Beeches")

C. Ngugi proposes to rent space at the Beeches, a professional office building at 495 Main Street. It is in a 2-Famiy zone, and professional offices are allowed by Special Permit. He plans to have a limousine service beginning with a stretch limo and one regular sized car, with plans to expand the business to include two more regular sized cars. He will have a full time office worker on site. Hours of operation would be Monday through Saturday, 24 hours per day; with the office hours of 6am to 6pm. Between the hours of 6pm and 6am, the calls would be forwarded to his cell phone. He plans on having 1 person during the day and 1 at night to start. The vehicles would be parked at that address when not in use.

The existing dumpster would be moved to accommodate the limo so it might be in view for advertising purposes. There is no residential use in the building at this time. He would be a renter so plans on obtaining a letter of permission from the owner, Dr. Thomas. He has submitted materials in time for a June 17 Public Hearing.

C. Acly noted uncertainty if a Special Permit is needed. Dr. Thomas' office and the accountant were in the building before the by-law was passed requiring a Special Permit in order that professional offices be allowed in a 2-family zone. There is currently no Special Permit on the building.

DISCUSSION: regarding the above. The consensus of the Board was that Mr. Ngugi did not need a special Permit because the building is grandfathered.

MOTION: by D. Payeur that a Special Permit is not required because the building is grandfathered for use as professional offices. SECONDED: by C. Acly. A vote was taken by a show of hands. The Motion carried unanimous in favor.

As long as the license plates list the vehicle as "livery," he would not need a taxi-cab license. He will stop into the Town Clerk's office to be sure it does not require a livery permit.

7. Special Permit inquiry by A. Marquez for a Home-based Business at 28 Servant Way for a Livery Service

Mr. Marquez proposes a livery service that would allow him to transport patients to and from appointments and treatments. He does this professionally at the present time and wished to start his own business. He would be using one vehicle, (his own personal vehicle.) Most of the business would be conducted in Southbridge and the surrounding towns. He has a 2-car garage that will house the vehicle. Business paperwork would be conducted in the basement of the home. It would be a "non-emergency" transportation business to secure the patients safety. He has a regular min-van that he would use for now. If business goes well he would purchase a wheelchair accessible vehicle. He would use the same vehicle for his personal use as well. If and when business goes so well that he needs to expand to multiple vehicles he plans to go out into the community and obtain a business location. He would at that point come back to the Planning Board for changes to the Special Permit if needed. He may be able to bill Medicaid for the service in some cases. Advertising would be done away from the home. He does not plan to have a sign at the home.

A Public Hearing was scheduled for June 17, 2009 at 6:45PM.

8. SUBDIVISIONS:

a. Pleasant Heights - This Subdivision is active but expired. Mr. Zucco did not attend the Planning Board meeting. C. Acly updated the Board. Mr. Zucco would like to discuss a Tri-partite Agreement. She noted that he is in discussion with K. Kalinowski regarding the amount of money that needs to be set aside for completion of the improvements. A bank is lending him the money for the pumping station.
b. Servant Way - needs to be removed from the Tri-Partite Agreement legally. It is active but has expired, and has a new owner.
c. Tall Pines - has a new owner.

9. MOTION: by C. Acly to close the meeting. Seconded: by D. Payeur. A vote was taken by a show of hands. The Motion carried unanimous in favor.

The time was 7:40pm.

Respectfully submitted,

Anna Smith,
Recording Clerk

Approved with corrections by the Planning Board at their meeting on June 3, 2009.

PLANNING BOARD MINUTES MEETING OF May 6, 2009 6:30 PM, Planning Board Room

Present: C. Acly, P. St. Jean, D. Payeur, R. French
EXCUSED: P. Ramirez, Robert Tremblay, Rene' Tremblay, Alternate, L. Spinelli, Alternate

1. 6:30PM - P. St. Jean, Chairman opened the meeting.

2. Motion by D. Payeur to accept the minutes of April 15 with the following correction:

Item 5b. "P. St. Jean called visited the business and instructed the owner to see N. Tortis, Building Inspector." Should read: "P. St. Jean visited called the business and instructed the owner to see N. Tortis, Building Inspector." SECONDED: by R. French. A vote was taken by a show of hands. The Motion carried unanimous of all present.

3. Chairmans' Announcements

P. St. Jean, chairman relayed that the Town Manager expects resolution of the Industrial Park Access road issue by June, 2009.

4. ANR's - none

5. Right of Way on Route 169 (North Woodstock Road)

M. Ciesla, Department of Public Works Chief Engineer reviewed the plans for the Right of Way for the North Woodstock Road (Route 169) improvement project with the Board. She noted the work will run from Golf Street to the Massachusetts state line on both sides. She noted a permanent easement from Pratt, 118 temporary easements, and donations on all but 15 of the easements. The Town will move for a taking of the 15 easements. The Board signed the Right of Way.

6. Special Permit Inquiry for a Home-based Business of Tire Service by J. Bousquet Road, Worcester Road

J. Bousquet is in the process of submitting an Application for a Special Permit for Tire Service. He proposes to conduct this business out of his home on Worcester Street to repair tires for motor cycles, all terrain vehicles (ATV'S), and bicycles. The home is in a business district.

R. French would like to see the business sign re-done to emphasise "bikes and ATV's" so passers-by do not think it is for car tires.

The Applicant plans to do all work in his garage. No vehicles will be repaired on the property. Customers would bring only the tires. The Public Hearing was scheduled for June 3, 2009 at 6:45pm.

7. 40 West Street HUD Project

C. Acly explained that the above project needs a letter to extend the Special Permit to May 6th ,2011 . MOTION: by D. Payeur to extend the Special Permit for the 40 West Street HUD Project to May 6th. SECONDED: by P. St. Jean. A vote was taken by a show of hands. The Motion carried unanimous of all present.

8. Memorial Hall Project Update

Acly explained that Memorial Hall at 319 Main Street received a CDBG (Community Development Block Grant) for rehabilitation work. The project is moving forward.

9. Subdivision Updates

a. Pleasant Heights - C. Acly noted that the subdivision did not have water and sewer lines so the Town would not allow them to go forward. The Lawrence National Bank called regarding the Tri-partite Agreement. C. Acly explained to the bank that the Planning Board must approve before the lots before they are removed from the Tri-partite Agreement. The bank will call back tomorrow. C. Acly will speak with them regarding the possibility that one of the homes was already sold. There is no water and sewer and no occupancy permit.

10. Old/New Business

a. DISCUSSION: regarding a Tarot Card Reader on Hamilton Street. The Board determined the business was within a classification of a retail business and was therefore allowed.

b. DISCUSSION: Dao's Gas Station. The owner has placed a "binder coat" on the lawn that he is using to sell used cars on.

c. DISCUSSION: regarding florist moving to 9 Main Street. The owners of the business extended an invitation to the Planning Board to the grand opening.

11. Agricultural Zoning

Acly supplied the Board members with the "Changes to the Agricultural Exemption in the Zoning Act" from Kopelman & Paige, P.C. for the Board to review prior to further discussion regarding Agricultural Zoning.

12. DISCUSSION: regarding the Agenda for the May 20, 2009 meeting.

13. Update on Methadone Clinic

Acly noted that the Methadone Clinic has added counseling services and she believes they will be opening the clinic soon.

14. MOTION: by R. French to close the meeting. SECONDED: by D. Payeur. A vote was taken by a show of hands. The Motion carried unanimous of all present.

The meeting adjourned at 8:20 PM.

Respectfully submitted,

Anna Smith,
Recording Clerk

Approved with corrections by the Planning Board at their meeting on May 20, 2009.

PLANNING BOARD MINUTES MEETING OF March 18, 2009 6:30 PM, Planning Board Room

PRESENT: L. Spinelli, C. Acly, D. Payeur, P. St. Jean, Robert Tremblay
EXCUSED: R. French, P. Ramirez, Rene' Tremblay (alternate)

1. The meeting was called to order at 6:30 PM by L. Spinelli, Chairman.

2. MOTION: by D. Payeur to accept the minutes of March 4, 2009 as written. SECONDED: by P. St. Jean. A vote was taken by a show of hands. The Motion carried, unanimous in favor.

3. ANR- Atty. M. Colognesi for the Maurice Morneau Estate, 324 Blackmer Road

DISCUSSION: regarding the Special Permit of S. Cornell that encompasses 2 lots, one of which is the Morneau Estate. The Board determined that the appropriate course of action would be to separate the 2 lots from the Special Permit granted to S. Cornell. The Board signed the ANR. M. Colognesi will drop off a check for $150.00 the following day.

4. DISCUSSION: regarding the appointment of a new Chairman.

MOTION: by C. Acly to nominate P. St. Jean as Planning Board Chairman. SECONDED: by D. Payeur. A vote was taken by a show of hands. The Motion carried 3 in favor, 2 abstained (St. Jean, Tremblay.)

5. DISCUSSION: regarding Applicants for Special Permits, Subdivisions, and ANR who are delinquent on their property taxes. C. Acly explained that the Planning and Development office checks to be sure Applicants are not delinquent on their taxes. The consensus of the Board was to add the Treasurer/Collector to the list of requests from Town Departments' response on Applications in order to do a check on the Applicants status on property taxes. C. Acly will let the Treasurer/Collector know of the Board's request and add them to the list of Departments' responding to Applications.

6. Agricultural Zoning

L. Spinelli noted that the Standards needed to be compiled and set up. He suggested they include items such as:

• Number of employees
• Location in a neighborhood
• Type of business
• Condition of roads

Mr. Payeur asked if Central Mass Regional Planning might provide Standards similar to those for an industrial park. C. Acly noted a link to a Planners' List Serve as a resource that may provide examples of Standards. She will forward the link to the Board members. Tabled to the next meeting.

7. DISCUSSION: regarding issues of Special Permits that are not adhered. The Mill Street Artists Complex was exampled with 3 counts of underage drinking violations. C. Acly suggested when the Liquor License Board hearing is held the Board could request attendance. There was further discussion regarding whether or not the Board could revoke a Special Permit under conditions such as violations of under age drinking. C. Acly suggested the Board would be required to hold a Public Hearing and then might vote to revoke a Special Permit.

8. L. Spinelli, Chairman said his good byes to the Board and offered to be an Alternate member. He has notified the Town Manager of this offer.

9. MOTION: by D. Payeur to close the meeting. SECONDED: by P. St. Jean. A vote was taken by a show of hands. The Motion carried unanimous of all present.

The time was 8:00pm.

Respectfully submitted,

Anna Smith, Recording Clerk

Approved by the Planning Board at their meeting on April 1, 2009

PLANNING BOARD MINUTES MEETING OF February 18, 2008 6:30 PM, Planning Board Room

PRESENT: L. Spinelli, C. Acly, D. Payeur, P. St. Jean, R. French, Rene' Tremblay - Alternate

EXCUSED: P. Ramirez, Robert Tremblay, Rene' Tremblay (alternate)

1. The meeting was called to order at 6:30 PM by L. Spinelli, Chairman.

2. L. Spinelli, Chairman announced his resignation. He will submit a letter to the Town Manager announcing his resignation effective in April, 2009. He plans to offer to be an alternate to the Board. The consensus of the Board was that he will be greatly missed.

3. MOTION: by D. Payeur to accept the minutes of January 14, 2009 as written. SECONDED: by P. St. Jean. A vote was taken by a show of hands. The Motion carried, unanimous of all present.

MOTION: by P. St. Jean to accept the minutes of January 24, 2009 as written. SECONDED: by D. Payeur. A vote was taken by a show of hands. The Motion carried, unanimous of all present.

MOTION: by D. Payeur to accept the minutes of February 4, 2009 as written. SECONDED: by P. St. Jean. A vote was taken by a show of hands. The Motion carried, 3 in favor, 2 abstained (Spinelli, French.)

4. ANR's - none

5. DISCUSSION: regarding a possible business on the corner of Goddard and Dupaul Street. L. Spinelli noted possible business activity at this address and will bring it to the attention of the Inspections Department for investigation.

6. 6:45PM - Public Hearing for B. Niles for an Auto Repair Shop at 58 Goddard Street.

L. Spinelli explained to the Applicant that there were only 6 members of the Board present. Five votes in the affirmative would be needed to approve the Application. The Applicant chose to go forward with the Public Hearing. L. Spinelli appointed Rene' Tremblay to serve of the Special Permit Granting Authority. He read the Notice of Public Hearing and declared the Hearing open. He noted that the advertisement had been paid for. He read the Department responses.

The response from the Inspections Department noted concern about parking in front of the building.

A very thorough response was received from the Department of Public Works, noting amongst other things, a concern that the planned parking violated the zoning set back requirements. The response offered a suggestion to obtain parking at an adjacent property.

The response from the Police Department noted no concerns from a Public Safety perspective.

No response from the Fire Department was submitted.

Atty. M. Caplette, represented B. Niles at the hearing. He gave a history of the property noting auto repair being conducted at this location in the past. B. Niles wished to conduct auto repair there now. He will purchase the property. The location is actually 3 lots. The Applicant wishes to use the lot that was previously a bakery. B. Niles has been in the auto repair business for 8 years; most recently on East Main Street in Town. He plans to have only himself and one other part time employee for staff. He plans to construct a fence in the back of the building to shield the view from the neighbors. There is an above ground oil tank and an in ground tank that would be removed. He plans to burn used oil to heat the garage and intends to have the system inspected by the appropriate Town Department. He does not intend to pave the lot. Anti freeze would be recycled through a commercial vendor. He intends to move his existing sign from the East Main Street business to the new location. The sign would be approved by the Historical Commission. The only exterior changes proposed to the building would be a re-opening of an existing overhead door. The hours of operation proposed would be 7am to 6pm Monday through Friday and 7am to 12 noon on Saturdays. He plans to install 4 interior lifts. Shielded exterior lighting to illuminate the parking lot on the north side is proposed. L. Spinelli noted that if the Applicant obtains approval from the Board and then later finds that he needs addition parking spaces he could come back to the Board for an amendment to the Special Permit. C. Acly suggested meeting with the Conservation Commission if the Applicant plans on making any changes to the outside lot.

G. Kalis noted no objection to on street parking. He asked how trash would be handled and if there would be recycling of the discarded car parts. The Applicant noted he would have a dumpster for regular trash and the metals are recycled in a 55 gallon drum.

MOTION: by P. St. Jean to close the Public Hearing. SECONDED: by R. French. A vote was taken by a show of hands. The Motion carried unanimous in favor.

P. St. Jean suggested making the parking plan a condition of the Special Permit. MOTION: by D. Payeur to approve the Special Permit subject to the following conditions:

1. Parking be established on the north side of the lot with no parking in the front of the building.
2. Exterior lighting must be shielded.

The Board found:

The proposed plans and changes are in harmony with the general purpose and intent of §501.1 and §602 Note f of the Southbridge Zoning Bylaws, and further that:

a. The premises in question are appropriately located and reasonably adapted to the proposed use: No substantial changes are needed to accommodate the proposed uses, but the Board is satisfied with those changes that will take place. Automotive repair has successfully taken place in the building in the past.

b. The use will not be a nuisance or a serious hazard to vehicles and pedestrians: The building has a large parking area, and condition #1 will ensure that Goddard Street will not be blocked. Vehicles will not need to back out onto the street. The exit from the parking area has good visibility to Goddard Street. Condition #2 will ensure that abutters will not be affected by glare from the exterior lighting.

c. Adequate and appropriate facilities will be provided for the proper operation of the proposed use: The premises will be equipped with at least two lifts. The Petitioners will burn their used oil for heat rather than dispose of it. Anti-freeze is sold to them only in quantities equal to the used anti-freeze they turn in to the distributor. The Director of Inspections will inspect the premises if any construction is needed. The Petitioners were reminded that it is their responsibility to contact the Department of Environmental Protection regarding proper installation and operation of drains.

SECONDED: by R. French. A vote was taken by a show of hands. The Motion carried unanimous in favor. L. Spinelli explained the 20-day appeal period.

7. Agricultural Zoning Update - postponed until next meeting.

7:58pm P. St. Jean is excused.

8. MOTION: by R. French to close the meeting. SECONDED: by D. Payeur. A vote was taken by a show of hands. The Motion carried unanimous of all present.

The time was 8:04pm.

Respectfully submitted,

Anna Smith, Recording Clerk

Approved with corrections by the Planning Board at their meeting on March 4, 2009.

PLANNING BOARD MINUTES MEETING OF February 4, 2009 6:30 PM, Planning Board Room

PRESENT: C. Acly, D. Payeur, P. St. Jean, Robert Tremblay
EXCUSED: L. Spinelli, P. Ramirez, R French, Rene' Tremblay (alternate)

1. The meeting was called to order at 6:36PM by D. Payeur, Acting Chairman.

2. Minutes of January 14, 2009 and January 21, 2009 were post posted until the next meeting.

3. ANR's - none

4. K. Pickren

K. Pickren noted that he is considering a number of options for utilizing his farm for businesses. He has been soliciting medical device companies to occupy his farm for research. He is also considering allowing use of his farm for community temporary housing. Building #1 there could be used for a shelter. He was looking for feedback from the Planning Board.

He explained that one possible company may want to use barn #3 for animal surgery for medical device implants.

C. Acly noted that a Special Permit still exists for K. Pickren's property which would need to be amended to include surgery. The Special Permit also includes the Morneau property.

DISCUSSION: regarding K. Pickren's proposals. C. Acly suggested than an interpretation from the Town attorney would be needed regarding use of the property as a temporary shelter or orphanage but it may be possible. K. Pickren will return on February 18, 2009 after he had looked into the possibilities further.

5. M. Colognesi for Dimitri Casperson for an Artist Complex on Mill Street

M. Colognesi outlined a proposal to put an artist complex in the former Salvation Army store on Mill Street. The complex would include an art gallery, education center, as well as art studios. He was looking for feedback on how to calculate for parking. The building space is approximately 8,000 square feet. The Board noted that the number of parking spaces needed would be determined by the use of the building.

DISCUSSION: regarding the number of parking spaces.

6. Proposed Agricultural By-law Tabled until next meeting

7. MOTION: by Robert Tremblay to close the meeting. SECONDED: by P. St. Jean. A vote was taken by a show of hands. The Motion carried unanimous of all present.

The time was 7:45PM.

Respectfully submitted,

Anna Smith, Recording Clerk

PLANNING BOARD MINUTES MEETING OF January 21, 2009 6:30 PM, Planning Board Room

PRESENT: C. Acly, L. Spinelli, D. Payeur, R French
DETAINED: P. St. Jean
EXCUSED: Robert Tremblay, P. Ramirez, Rene' Tremblay (alternate)

1. The meeting was called to order at 6:55PM by L. Spinelli, Chairman.

2. ANR's -None

4. DISCUSSION: Agricultural Overlay District

C. Acly recapped where the Planning Board left off in their discussion of a proposed Agricultural Overly District. She noted the consensus of the Board was to a change of the use Table rather than an Overlay District.

Board members noted many of the potential uses or businesses that don't really fit the definition of "agriculture" in the traditional sense of the word. A more appropriate word might be "Agricultural Business" and might include businesses such as biotechnology. Some might fall under research and development.

7:04PM - enters P. St. Jean.

An additional category in the Table of use Regulations might be an Agricultural/Biological Enterprise. Farmers markets might be allowed in the Central Core as a retail business.

DISCUSSION: regarding other possible businesses that might be allowed without Special Permit, and possible allowable uses. Standards would need to be set for each category. C. Acly suggested that each Board member go through the Table of Use Matrix in order to propose standards for both allowable uses and Special Permits for this new category.

5. MOTION: by P. St. Jean to close the meeting. SECONDED: by D. Payeur. A vote was taken by a show of hands. The Motion carried unanimous of all present.

The time was 8:00PM.

Respectfully submitted,

Anna Smith, Recording Clerk

PLANNING BOARD MINUTES MEETING OF January 14, 2009 6:30 PM, Planning Board Room

PRESENT: C. Acly, L. Spinelli, P. St. Jean, D. Payeur, R French
Excused: Robert Tremblay, P. Ramirez, Rene' Tremblay (alternate)

1. The meeting was called to order at 6:30 PM by L. Spinelli, Chairman.

2. MOTION: by D. Payeur to accept the minutes of December 13, 2008 as written. SECONDED: by P. St. Jean. A vote was taken by a show of hands. The Motion carried unanimous of all present.

3. ANR'S - none

4. Dennison Heights Subdivision request for release of four (4) lots on Maggie Lane

MOTION: by D. Payeur to release lots 5, 14, 15, and 21 on Maggie Lane contingent upon a formal letter of request and submission of the previous release request. SECONDED: by P. St. Jean. A vote was taken by a show of hands. The Motion carried unanimous of all present.

5. Special Permit Inquiry - D. O'Claire for a Car Repair at 6 Dupual Street

The Applicant explained his proposal to perform only 2 exterior changes; proposed reopening of an existing overhead door; and erection of an exterior sign on the east side. He proposes installing exterior hooded lighting. There are 8 parking spaces proposed. 6 cars can fit in the building at one time. He anticipates employing himself and 1 other worker. He may have cars in the building overnight awaiting parts, etc. There is an underground storage tank that will be removed as part of the purchase and sale agreement. There is an oil burner permit for use of used motor oil. He plans to use recycled antifreeze and would contract with a supplier to take back used antifreeze. The Public Hearing was scheduled for February 18, 2009 at 6:45PM.

6. DISCUSSION: regarding Memorial Hall's proposed renovations.
MOTION: by P. St. Jean to send a letter to Tina Brooks in support of renovation of Memorial Hall. SECONDED: by R. French. A vote was taken by a show of hands. The Motion carried unanimous of all present.

7. Old/New Business

a. DISCUSSION: regarding accessory dwelling units allowed by Special Permit. C. Acly will obtain a copy of what the Town of Sturbridge is proposing along these lines.
b. DISCUSSION: regarding the Methadone Clinic. The clinic was denied a building permit by the Inspections Department because the Director believes the building plan is not in keeping with the allowed use of the building according to Southbridge by-laws.
c. DISCUSSION: regarding an Agricultural Business Zone. C. Acly noted interest in the community for an Agricultural Commission. The Planning Board tabled further discussion to the next meeting on January 21, 2009.

8. K. Pickren, Chairman of the Conservation Commission

Mr. Pickren came before the Planning Board to offer some information he obtained recently at a workshop. He noted a requirement for a Storm Water Protection Plan for any development that impacts lands of 1 acre or greater and passed the written information to the Board for review.

9. DISCUSSION: regarding a Special Permit inquiry and a possible Application submission for an auto storage business.

10. MOTION: by P. St. Jean to close the meeting. SECONDED: by D. Payeur. A vote was taken by a show of hands. The Motion carried unanimous of all present.

The time was 7:30PM.

Respectfully submitted,

Anna Smith, Recording Clerk

Click HERE for Planning Board Meeting Minutes from 2008

Click HERE for Planning Board Meeting Minutes from 2007

Click HERE for Planning Board Meeting Minutes from 2006

Click HERE for Planning Board Meeting Minutes from 2005

Click HERE for Planning Board Meeting Minutes from 2004

Click HERE for Planning Board Meeting Minutes from 2003

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