2/13/2019 - ZBA Meeting

Moderator: Maria Lajoie

2/13/2019 - ZBA Meeting

Postby Maria Lajoie » Tue Feb 05, 2019 2:05 pm

7:00 PM
(Community Meeting Room)


7:00 PM DISCUSSION North Brown, LLC: North Village Update /
North Village Amended MOU

7:15 PM CASE #2019-01
160 Wallis Street
Date of Application: 12/06/2018
Decision Date for Variance: 100 Days of Application (04/16/19)

7:30 PM CASE #2019-02
59 Southwest Main Street
Date of Application: 1/22/2019
Decision Date for Special Permit: 90 days after close of Public Hearing
1. Minutes: 1/9/19

Upcoming Meetings: 3/13, 4/10, 5/8, 6/12

Open session for topics not reasonably anticipated 48 hours in advance of meeting.

After your meeting, please be considerate and make sure all lights are shut off in the Municipal Center before leaving the building.
Thank you
Maria Lajoie
Maria Lajoie
Posts: 1468
Joined: Thu May 26, 2005 11:09 am
Location: Community Development Department

Re: 2/13/2019

Postby Mary Wright » Thu Mar 21, 2019 7:12 pm


A meeting of the Zoning Board of Appeals (ZBA) was held on Wednesday, February 13, 2019. Mr. Heney called the meeting to order at 7:00 PM in the Community Meeting Room.

PRESENT: Daniel Heney (Chairman), John Bombara, Pamela Holmes (Vice Chairman), Michael Fitzpatrick, Sean Holland, Louis Tusino (Alternate)
ABSENT: Jennifer Holland (Alternate)
NON-VOTING: William Cundiff (Town Engineer), Maria Lajoie (Administrative Assistant), Mark Kaferlein (Interim Building Inspector)

Ms. Holmes stated that the ZBA had asked that the monthly reports be sent to them prior to meetings for review, not the day of the meetings. Atty. Ed Taipale joined the meeting to give a monthly update. He has the Unit Sales spreadsheet, which was forwarded on Monday. He stated that the cistern has been delivered to the site, they met with Stantec and Town officials last week, and the installation will proceed as soon as possible.
Since the last meeting, they have entered into three more Purchase and Sales agreements, one of which is an affordable unit. They have an affordable unit scheduled to close on Friday, and the other under agreement is scheduled to close the first week of March.
Atty. Taipale spoke today with SCBR, the Affordable Housing Consultant, and they said that there are two affordable applications being processed. A third has been approved and sent to the Dept. of Housing and Community Development for their approval. That would bring the total number of affordables to six.
Tim Barlow of NorthBrown, LLC joined the meeting and stated that the fire cistern was on site as of Tuesday, the hole has been excavated, the deadmen anchors have been formed and cast, and they are waiting for them to cure. Stantec has been out to the site twice for inspections.
Mr. Heney stated that an email dated 2/12/19 from Stantec stated that they had issues with the cast-in-place. Mr. Barlow stated that there were no issues with the cast, just that some submittals have not been turned in yet because they were waiting for the vendors. Since yesterday and today, most of what Stantec was asking for has been submitted, with the exception of Dauphinais’ submittal for the concrete mix. The concrete has been tested. Mr. Barlow stated that Stantec was present during the pour and they have inspected it.
Mr. Cundiff asked that submittals be submitted in advance of the work. Stantec will not continue inspections until submittals are received. JTC will be going out and acting as a sub for Stantec, which is a minor scope change because Stantec did not anticipate a soil company working with them.
Atty. Taipale is in the process of reviewing the decision for the amendment to the amended Memorandum of Understanding (MOU). Mr. Cundiff asked for a new plan showing the following to be included in the comp permit or amended MOU: revised building footprints for the entire project, 20’ pavement setback and 20’ sidewalk setback. The minimum setback between units has been 32’, and based on the as-built, there is 29’ between units 56 and 31.1’ between units 61 and 60. Four Leaf is concerned about the setback from one of the new 8-units to the detention pond.
Mr. Barlow said that the units are shown overlaid on top of the proposed foundations. Atty. Taipale said that the reason for the 29’ distance is because the unit is on the original footprint and those four units are at an angle. Going forward, he will make sure there are 32’ between units.

7:20 PM CASE #2019-01 PUBLIC HEARING CONTINUED: DAN DUDLEY, 160 Wallis Street.
Mr. Heney opened the public hearing. Atty. Shayne Picard joined the meeting and asked for a continuance. The ZBA was given another 30-day extension for the decision date.
Mr. Holland made a motion to continue the public hearing for case #2019-01 Dan Dudley, 160 Wallis Street to March 13, 2019 at 7:15 PM. Ms. Holmes seconded the motion. Vote: Aye-5.
Ms. Holmes asked Mr. Dudley to be put on notice that this matter needs to move forward.

7:30 PM CASE #2019-02 PUBLIC HEARING: ZACHARY BOUSQUET, 59 Southwest Main Street.
Mr. Heney opened the public hearing. Mr. Fitzpatrick recused himself. Voting on the case will be Ms. Holmes, Mr. Heney, Mr. Holland, Mr. Bombara and Mr. Tusino. Atty. Dale Kiley of BourgeoisWhite, LLP joined the meeting and stated that Mr. Bousquet has two vehicles that exceed the RA zoning requirement, and he is seeking a special permit to park the vehicles on his property. Atty. Kiley does not feel that the vehicles, a tri-axle dump truck and a tractor trailer truck, are a detriment to the neighborhood. The two vehicles are parked to the rear of a 3.39 acre lot and hidden from view from the abutters. The apron is paved and the rest of the drive is pervious crushed grindings.
Mr. Bousquet’s business is located at 782 Worcester Street in Southbridge, and he owns four trucks total, two of which are always kept at the business. The trucks at his residence are used to travel to jobs, only one at a time. Atty. Kiley mentioned other loud vehicles in the area being operated at similar times, such as buses, motorcycles and diesel trucks. Mr. Bousquet leaves his house between 4:00 AM – 7:00 AM and returns home between 3:00 PM – 7:00 PM. The trucks are not left to idle.
Mr. Heney stated that he saw six vehicles at the residence yesterday: four trailers (each over 26,000 lb. GVW), a tractor and a tri-axle. Atty. Kiley stated that the trailers are not defined as vehicles under chapter 90, section 1 unless they are attached to a tow vehicle.
Frank Bosma of 69 Southwest Main Street stated that the neighborhood is noisy due to what Mr. Bousquet does every morning between 2:00 AM – 5:00 AM, even on the weekends and holidays. He stated that the trucks “are not a very pretty sight”, and he feels that his property is devalued due to Mr. Bousquet’s trucking business.
Hannah Murphy of 69 Southwest Main Street reiterated what Mr. Bosma stated and that the neighbors’ right to quiet enjoyment of their properties is being affected.
Kathy Guertin of 10 Churchill Road stated that her property is at the rear of Mr. Bousquet’s property where the trucks are kept and her house actually vibrates when the trucks are running. The noise can be heard over the everyday noises in her home. She stated that “it’s long hours of idling.” Trucks are hooking up to trailers at all hours and at odd hours of the day, even as late as 10:00 PM and on Sundays. She is also concerned about the diesel fumes. She stated that Mr. Bousquet’s business is registered with the Dept. of Transportation as a trucking business with two units.
Les Stevens of 31 Brookside Drive said that other people who have applied to have a trucking business in an RA zone have been denied. The abutters are being impacted.
Sheila Keough of 49 Southwest Main Street stated that the sound of the trucks is the same noise that is made when helicopters fly overhead. Her floors vibrate when the trucks are running. She can see the trucks’ lights through the trees at night.
Bob Campbell 62 Southwest Main Street said he spoke to Mr. Bousquet “way back when” and Mr. Bousquet said it was just going to be a horse place. After a week, Mr. Bousquet was constantly removing fill and bringing more “stuff” in. Mr. Campbell cited dates and times of trucks coming and leaving Mr. Bousquet’s property. During a rainstorm on 11/12/18, Mr. Campbell said that Mr. Bousquet was bulldozing up and down the street and the berm in front of Mr. Campbells’ property was broken by the bulldozer tracks.
Bruce Rioux of 11 Churchill Road lives 1100 feet from Mr. Bousquet, and he hears and feels the noise as well, at all hours.
John Keough of 49 Southwest Main Street stated that all the backyards are now open, and he spoke about the significant impact of Mr. Bousquet’s trucks to the neighborhood.
Mr. Bousquet said that no maintenance on the trucks is done at his house. He said that he does not work Saturdays or Sundays and the trucks would only be running on those days if he were bringing a truck to a mechanic shop. He has never drained oil on his property. He stated that he has never let his truck idle more than five minutes on his property.
Mr. Bousquet has owned the property for six months, and he started the changes on his property right away. He stated that his trucks are registered in Southbridge, but his excise tax is paid to Douglas.
Peter Guertin of 10 Churchill Road stated that the noise from the trucks wakes him at 4:00 AM and on Sundays. His family’s life has changed since Mr. Bousquet has run his trucks from his home.
Mr. Campbell stated that on 1/16/19, Mr. Bousquet was changing tires on the dump truck in front of the barn.
Lou Jachimczyk of 14 Churchill Road stated that he does occasionally hear the noise from Mr. Bousquet’s property.
Mr. Bombara made a motion to close the public hearing for case #2019-02, Zachary Bousquet, 59 Southwest Main Street. Ms. Holmes seconded the motion. Vote: Aye-5.
Mr. Bombara made a motion to open a decision hearing for case #2019-02, Zachary Bousquet, 59 Southwest Main Street. Ms. Holmes seconded the motion. Vote: Aye-5.
Ms. Holmes does not feel that Mr. Bousquet’s request meets any Special Permit criteria. Mr. Holland feels there may be more going on at the property than just storing of vehicles.
Mr. Bombara made a motion to grant the Special Permit for 3.2.1 Accessory Uses in a Residential Area for case #2019-02, Zachary Bousquet, 59 Southwest Main Street. Ms. Holmes seconded the motion. Vote: Aye-0, No-5.
Mr. Heney explained the result of the vote to the public.
Mr. Fitzpatrick rejoined the meeting.

1. MINUTES: January 9, 2019
Mr. Bombara made a motion to approve the January 9, 2019 ZBA meeting minutes as presented. Ms. Holmes seconded the motion. Vote: Aye-5.

Mark Kaferlein introduced himself as Douglas’ Interim Building Inspector. He asked why the Building Inspector writes the decisions. It was suggested that Town Counsel write this decision.

Mr. Bombara made a motion to adjourn the ZBA meeting at 8:28 PM. Mr. Fitzpatrick seconded the motion. Vote: Unanimous.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
Posts: 609
Joined: Thu Jan 12, 2012 8:56 pm

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