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Planning Board Minutes May 14, 2013
May 14, 2013

Regular meeting of the Westborough Planning Board held in the Office of the Planning Board, Suite 23, Forbes Municipal Building, 45 West Main Street.  Members Hensley, Mallozzi, Silverberg and Bush were present.

Meeting dates:          

May 28, 2013, June 04, 2013 and June 18, 2013.

Chairman Lester Hensley said the Planning Board received a request from Westborough TV – Donna Kelly to announce that all covered Town Committee meetings is available on the TV website.  However, Westborough TV greatly needs volunteers for Government Meeting coverage.  Contact Donna Kelly.
At 7:00 p.m. the Board prepared to continue the Public Hearing on the Orchards Subdivision to consider a modification, amendment or rescission of 1) the approved Definitive Subdivision Plan entitled “The Orchards at Quick Farms”; and 2) the possible decision to access the project security bond for the aforementioned subdivision to complete unfinished work.  (See attached minutes). (Note:  Member Joanne Mallozzi must abstain from discussion due to a conflict of interest).

At 7:15 p.m. the Board prepared to open a Special Permit and Earth Moving Special Permit public hearing on CarMax located at 170 Turnpike Road (See attached minutes).

At 8:00 p.m. the Board opened an informal discussion with Ms. Tina Wang representing Sachi Japanese Restaurant at Bay State Commons.

Ms. Tina Wang and Mr. Jerry Knoll were present for discussion.  

Mr. Knoll said they are proposing outdoor seating.  They would like to have 5 tables with 4 chairs around each table and fencing around the seating premise.   The tables start to the right of the door and then are near windows and against the restaurant wall. They would like to do this to build sales revenue which will be good for the restaurant.

Member Mark Silverberg asked how much space is there between tables and planters.

Jerry – 11 feet from wall to fencing.  The sidewall and then fencing between the planters, and are the tables flush against the side of the building?

Mr. Knoll said yes, for now the tables are up against the building with 4 seats.  There is enough space to have tables pulled away from the wall.

Member Mark Silverberg asked are you proposing to have the door open near the bar?

Minutes of Westborough Planning Board
May 14, 2013
Page 2

Mr. Knoll responded no, the door is open only when servers come out.  The noise stays in the alley.

The Town Planner said that they are here tonight because the Planning Board needs to allow the outdoor seating.  They have already been before the Design Review Board who approved of the materials used for the outdoor seating.

Member Joanne Mallozzi asked do you rent this space?  (YES).  By putting a patio outside does it cause an insurance issue.  

The Town Planner said they can’t provide a fixed fence but only a temporary fence that is removable.  This is a permitted use within Bay State Commons.

Member Mark Silverberg asked why different than Ted’s Montana Grill.

The Town Planner responded that space at Ted’s Montana Grill is dedicated space to Ted’s and the fence is permanently bolted in.  Sachi has a vinyl temporary fence removable in the off season.  They will have to have a gate.

Ms. Wang said they will leave an opening between the planters to act as a gateway.

Chairman Lester Hensley asked is there adequate lighting from the windows?  (YES).

Member Brian Bush asked what type of surface is beyond the patio and how far does it extend out?

Mr. Knoll responded that it is the same material as this area.  

The Town Planner said it extends out at least 10-12 feet beyond the patio area.

Chairman Lester Hensley thinks this is great and would like to see more outside dining.

Member Mark Silverberg motioned to approve the outdoor seating plan for Sachi Restaurant.  The motion was seconded by Member Joanne Mallozzi and unanimously voted.

At 8:38 p.m. the Board met informally with Mr. Brendan Giblin of Brendan Homes and Mr. Mike Sullivan of Connorstone Engineering on a proposal for a new residential subdivision on Arch Street.

Minutes of Westborough Planning Board
May 14, 2013
Page 3

Mr. Mike Sullivan said the site is located on Arch Street directly across from Eric Drive.  The site is about 14 acres. They would like to develop a small subdivision on a new cul-de-sac fronting on Arch Street.  This property was originally part of a proposal before the Planning Board by Mr. Joe Farrell called Glenwood Estates several years ago.  Recently the site was surveyed for sight distance.  Tonight is informal and they are looking for guidance from the Planning Board.  They have two proposals Road A & Road B.   

Option A:  There is a hill/mound on the site that we can take down.  The proposed road would be 222 feet from Emily’s Path.  They don’t have the required site distance.   

Option B:  There to the east is 284 feet and 365 feet between the proposed cul-de-sac and Emily’s Path and 142 Feet from Eric Drive on the opposite side of the road.  Under the ASHTO requirements, 200 feet is okay for safety.   Emily’s Path only has 3 houses.  Not looking for a vote tonight but looking for input.

Member Brian Bush said he learned from Emily’s Path we did grant a waiver on the ASHTO requirements.  400 feet is arbitrary but we could come down to safety.  There are other benefits to the subdivision that they could mitigate.

The Town Planner asked can you engineer the line of sight?

Mr. Sullivan responded that we can improve the current line of sight but we can’t engineer it to satisfy regulations.

Member Mark Silverberg said he would be agreeing with Member Brian Bush and would be less likely to agree to a waiver that does not meet ASHTO requirements.

Member Joanne Mallozzi said she feels more comfortable with Option B.  Where the hill is, that would be advantageous if that hill could come down.  Option B with regulation on line of sight would work.

Mr. Mike Sullivan agreed that Option B might be better for meeting the ASHTO regulations.

Mr. Brendan Giblin said they are planning on building about 6-10 houses.

Mr. Mike Sullivan said they are prepared to do a comprehensive traffic study.

Chairman Lester Hensley summarized that they should pursue Option B with a request for a Waiver from the ASHTO Regulations.

Minutes of Westborough Planning Board
May 14, 2013
Page 4

At 8:30 p.m. the Board prepared to continue the Earth Moving Special Permit for 4 Arrowhead Lane (See attached minutes).

Chairman Lester Hensley said that the proponent recently submitted plans to the Town Engineer but was too late for review.  He is again asking for a continuance of the Earth Moving Special Permit on 4 Arrowhead Lane to June 4, 2013 as the last item on the agenda.  

Member Joanne Mallozzi motioned to continue the Earth Moving Special Permit public hearing on 4 Arrowhead Lane to June 4th as last item on agenda.  The motion was seconded by Member Mark Silverberg and unanimously voted.  



38 Haskell Street:

The Town Planner said plan is from Waterman Design Associates and Mr. Randy Waterman is representing the Westborough Land Trust.  The parcel is a transfer of land to the Land Trust as a gift.  The property abuts land owned by the Town of Westborough, the Haskell Street Ball field and recreational area.   Parcel A on the plan would be broken off and given to the Land Trust.  It is good property for a walking trail.  It is a parcel only with no new frontage.  This is a gift to Land Trust.  Land Trust has asked for waivers on the filing fees.

Member Mark Silverberg motioned to approve the ANR Plan entitled “Approval Not Required Plan, 38 Haskell Street, Westborough, Massachusetts” dated 4/26/13 by Waterman Design Associates for Westborough Land Trust and owner, Richard John Farrell Living Trust.  The motion was seconded by Member Joanne Mallozzi and unanimously voted.

Member Mark Silverberg motioned to approve the waiver request of the filling fees.   The motion was seconded by Member Joanne Mallozzi and unanimously voted.

50 Hopkinton Road:

The Town Planner said that this parcel is a large industrial property, a former printing press shop.  The owner, Mr. Jonathan Nichols wishes to split off a piece of the property so he can do a house lot.  Lot 1A will be the house lot.  The lot line relocation will create a building lot for a potential residential use on Hopkinton Road.  He is just moving lot line. Mr. Nichols has provided the correct $300 application fee.
Minutes of Westborough Planning Board
May 14, 2013
Page 5

Member Brian Bush motioned to approve and ANR Plan entitled “Plan of Land, 50 Hopkinton Road, prepared for Jonathan Nichols” dated 4/ 21/13.  The motion was seconded by Member Mark Silverberg and unanimously voted.  

Design Review Board Vacancy:

The Town Planner said that when Trevor Beauregard resigned, it created an opening on the Design Review Board to be filled by a Planning Board member.  Member Brian Bush has volunteered to fulfill this opening.

Member Mark Silverberg motioned to appoint Member Brian Bus to Design Review Board.  The motion was seconded by Member Joanne Mallozzi and unanimously voted.

Update on State Hospital:

The Town Planner stated that the State Hospital Reuse Committee has met twice in the last week with DCAM to determine a purchase price for the Town which continues to include all the ball fields to remain intact.  The parcel contains 95 acres.  The Allen Building that is the adult facility is the current problem.  Another issue under discussion is the amount of upfront money to be paid by the Town, along with payment terms.  DCAM has agreed to a 10 year payment period at 0% interest.  The down payment is where we are stalled.  The state will reduce their portion of the 50% on how quickly we react to taking the parcel.  The Town and DCAM would share 50/50 on all the proceeds from future sale of the land to developers or a future development team.  We have presented to them a commercial proposal only with no residential element.  Sasaki Associates will come back in 60 days with three scenarios.   They did deliver a  appraisal proposal and the Town Manager holds the appraisal amount.  The site has had a 21E Study done and there is no contamination to the site but only in the buildings (asbestos).

Member Mark Silverberg said the Town had interest in wells up there.

The Town Planner responded that is still on the table.

Chairman Lester Hensley asked there is no commitment on the relocation of the Allen Building?  

The Town Planner responded DCAM said less than 10 years.  We asked for an envelope around the Allen Building with adequate screening.  They would have to have their own dedicated parking.  There will be public hearings with the town.  The BOS would present this.  

Member Brian Bush said it is pretty progressive of the state to bring together what they have with us.  If we can negotiate a deal, this is preferable.  We should not limit ourselves to just one scenario.  Try not to shortchange ourselves.  
Minutes of Westborough Planning Board
May 14, 2013
Page 6

The Town Planner said the state agrees, if we come up with a Master Plan with several uses, we could separate those parcels up for certain uses.  Parceling would mean more money to us and the state.  


The Town Planner said the Planning Board received a Letter from the ZBA dated April 24, 2013 on 16 East Main Street and 2009 Gateway-2 Projects.  The main question is about internal illumination of signs.  The Town Planner said he has drafted a letter of response to the BA and would like the Planning Board to review the letter he put together so he can send it out.

Chairman Lester Hensley asked was he denied a certain type of signage?

Member Mark Silverberg said he was denied internal lit signs.

The Town Planner said under the Gateway 2 District, only 2 permits have been granted; 116 East Main Street and 4 Lyman Street.  He has installed a florescent light in his sign.  We submit our comments to the Building Commissioner and it is up to him to enforce our decision.  In this letter, we are not focusing on the language in the zoning regulations but what is under Design Review Board review.  

Member Joanne Mallozzi said we need to comply with the regulations.

Chairman Lester Hensley said under the Gateway-2 District, there are not to be any gaseous lit lights.  If the intent is to prevent having parcels lit up, he understands.  He is fine with what is written.

Member Brian Bush said this language is contradictory in some districts.  In addition to the bylaw we are adding another letter.   In the G-2 District he agrees.   When a sign gets built it goes to the Building Commissioner for approval.  He looks to the Special Permit to enforce.  There are no internally lit signs, ever, in the Gateway-2 District.

Member Brian Bush said he is fine with the Town Planner’s letter under the Gatewa-2 District.  But from the language point in the bylaws we need to think about what we write into a decision.

Chairman Lester Hensley said we should not say internal lit lights, period.  Only refer to the signage requirements to that district.

Member Mark Silverberg said he understands the proponent’s side.  All the lights on Route 9 do have internally lit signs.

Minutes of Westborough Planning Board
May 14, 2013
Page 7

Appointment to fill vacancy on Planning Board:

The Town Planner said on May 28th at 6:00 p.m. there will be a joint meeting with the Board of Selectmen and the Planning Board to meet the three candidates.  Mr. Ed Newton, Jr.  is here tonight.

Chairman Lester Hensley asked is the vote taken in public?  Yes.

Chairman Lester Hensley said that last time the Solar Bylaw Committee met they failed to schedule a follow up meeting.  We need to do this.  We will schedule for Thursday, May 30th at 7:00 a.m. Let all interested people know.  

Chairman Lester Hensley said the Planning Board has begun to undertake changes to bylaws.

The Town Planner responded that we want to do an informal work session.  He will email subcommittee members (Members Hensley and Bush).

There being no further business to discuss, the Board adjourned at 9:40 p.m.

Respectfully submitted,

Sandy Spinella
Administrative Assistant


------------------------------------------------------          ---------------------------------------------
Lester Hensley, Chairman to Planning Board                        Vice-Chairman, Brian Bush

------------------------------- -------------------------------------   ---------------------------
       Joanne Mallozzi                 Mark Silverberg                      

Minutes of Public Hearing
The Orchards Definitive Subdivision Plans
May 14, 2013

Pursuant to MGL, Ch. 41, Section 81-W, and the Town of Westborough Rules and Regulations Governing the Subdivision of Land, Section III, the Westborough Planning Board will conduct a Public Hearing on Thursday, December 20, 202 and a continuation on January 15, 2103, January 22, 2013, April 02, 2013, April 23, 2013 and May 14, 2013 in the Planning Board Meeting Room, Suite 23, 45 West Main Street, Westborough, Ma., to consider the modification, amendment or rescission of: 1) the approved Definitive Subdivision Plan entitled “The Orchards at Quick Farms” by Casa Builders and Developers, 37 Elm Street, Millbury, MA.; and 2) the possible decision to access the project security bond for the aforementioned subdivision to complete unfinished work.

At 7:00 p.m. Chairman Lester Hensley opened the continuation of the public hearing on The Orchards.

Chairman Lester Hensley stated that Mr. Venincasa has completed his lot releases, Covenant and Tri Party Agreement and all has been recorded at the registry.  

Mr. Steve Venincasa started he is raising structures in Orchard Hill Road and Quick Farm Road.   He has started installing curbing and catch basin structures.  They have loamed one whole side on Quick Farm Road.  Last time he was here before the Board it was too wet to work on cleaning the basin.  It is now getting dryer.  He hired a contractor do extensive clean-up work. He will try to get the pond all done.  He feels that he has made substantial progress in the project.

Chairman Lester Hensley said he has been up to the site and witnessed the work.

Member Brian Bush said he looked at the site and all looks good.

Chairman Lester Hensley said that Member Brian Bush and himself have witnessed the work that has been done onsite.

Mr. Carl Balduf, Town Engineer said the work is incomplete.  The cleaning out of the bottom of the basin is not yet done.  Last Tuesday, Mr. Venincasa’s contractor did some clean-up work.  He was on schedule and worked Tuesday and Wednesday.  Then they stopped work due to rain.  After that meeting he was going to get his contractor to do more work out there.  They are incomplete now.  

Chairman Lester Hensley said the intention was to build in flexibility around suitable weather.  If Mr. Venincasa took advantage, but then got delayed by bad weather, there was a good faith effort made.  The whole purpose of this hearing was to get the security.  We have succeeded in getting the documents and they have been recorded.  The Planning Board agrees.

Minutes of Modification Hearing on The Orchards
May 14, 2013
Page 2

Member Mark Silverberg said we came up with a solution and Mr. Venincasa agreed to it and has done what we wanted with the security.

Member Brian Bush motioned to close the Modification public hearing on The Orchard’s Subdivision.  The motion was seconded by Member Mark Silverberg and three voted in favor and Member Joanne Mallozzi abstained.  

There being no further discussion, the meeting adjourned at 7:37 p.m.  

Respectfully submitted,

Sandy Spinella/Administrative Assistant


----------------------------------------------------    -----------------------------------------------
   Lester Hensley, Chairman of Board                 Joanne Mallozzi

------------------------------- --------------------------------        ------------------------------
  Mark Silverberg                      Brian Bush

Minutes of Special Permit and Earth Moving Special Permit
CarMax – 170 Turnpike Road
May 14, 2013

Pursuant to the Rules and Regulations relative to Special Permits, under Section 1330, 2300 and a2600 of the Zoning Bylaws of the Town of Westborough and MGL, Ch., 40A, Section 9, the Westborough Planning Board will hold a public hearing on May 14, 2013 at 7:15 p.m. in the Forbes Municipal Building, 2nd floor, Suite 23, Westborough, Massachusetts, on an Application to construct an automobile sales and service facility to be operated as a CarMax Auto Superstore, Inc., c/o Center Point Integrated Solutions, Inc., 1240 Bergen Parkway, Suite A250, Evergreen, CO  80439, in the Highway Business District as described in Section 2300 of the Zoning Bylaws at 170 & 178 Turnpike Road (Route 9), Westborough, Massachusetts as submitted by Center Point Integrated Solutions, LLC.

An Application has also been made by CarMax Auto Superstore, Inc. pursuant to MGL, Chapter 40A, Section 8 for an Earth Removal Special Permit according to Section 4100 of the Zoning Bylaws of the Town of Westborough.  The location of the property within the Town of Westborough to which this application applies is 170 & 178 Turnpike Road, also identified as Lots 60A and 62C, Map 27 and Lot 20A, Map 28 of the Assessor’s Maps on file in the Office of the Board of Assessors.  The type of material to be removed includes topsoil and granular soil due to construction of the project in the amount of 25,000 cubic yards, with truck routes being limited to direct access from Turnpike Road (Route 9).  The petitioner is requesting that they be allowed to remove the above mentioned material to other locations with the Town of Westborough.

Chairman Lester Hensley read the legal advertisement that appeared in the Worcester Telegram and Gazette on April 30, 2013 and May 04, 2013.

Green Cards are fine.

Chairman Lester Hensley invited the proponent to come forward with his presentation.

Attorney Marshall Gould representing CarMax and Mr. John McNamara, Real Estate Manager for CarMax, Mr. Jake Hertz, Integrated Solutions, Mr. Matt Smith, P.E. at Bohler Engineering, and Mr. Andrew Manning, P.E., Bohler Engineering was present for CarMax Auto Superstore.   Mr. Ron Mueller from Ron Mueller and Associates was present as Traffic Consultant.

Mr. John McNamara stated that currently there is one store in North Attleboro and several in the Hartford and New Haven area.  They are a fast growing company.  Fortune Magazine has recognized them for the last 9 years as one of the top 100 companies.  They operate different then other car dealerships.  The price on cars is the price you pay.  There is no haggling on financing.  You buy cars with no questions asked.  They operate the way a retailer does.  Specifically, towns like the “keep a realistic retail look” and they try to keep it a transparent experience for customers.

Minutes of Special Permit Public Hearing
CarMax Superstore
May 14, 2013
Page 2

Mr. Jake Hertz from Center Point Integrated Solutions said we have worked on several stores in Mass.  The proposed CarMax is currently a former driving range no longer in use and an office building.  They will demolish existing structures and site improvements.  The proposed development will consist of the construction of a CarMax pre-owned automobile dealership, service building and non-public car wash with associated access drives, parking lots and landscaped areas.  The site includes a main access point near the existing driving range access at the northeast corner of the site.  An additional shared access will be located at the northwest corner.  This access will be used by CarMax for vehicle test drives only and as the main access for the remaining office building.  CarMax operates differently than other car dealerships in that they physically separate its inventory area from customer and employee parking.  The sales inventory display area will be located in the front of the property along Turnpike Road and will be secured by highway guardrails and embassy style security gates for security purposes.    Both customer and employee parking will be located behind the display area along the east side of the site.  The sales and presentation building will be located south of the display area with customer access from the parking lot on the east side of the building.  The service building is south of the display area. They want you to get the feeling of walking out of store to pick out a vehicle.  You can shop for all brands of vehicles in one location.  The area is completely secured by guardrail and embassy security gates.  

Mr. Hertz said that the only people who operate cars are the Car Max employees until a test drive.  Once a car is returned goes back to the space it came from.  All customers return to store.  The main staging area will be located west of the service building and will be surrounded by a six foot high masonry wall for screening and security purposes.  The rear staging area is located in the southern portion of the property and will be surrounded by a combination of chain-link fencing with privacy slats and highway guardrail.  This is where ready to be purchased cars are held.  The area is very organized.  We don’t stripe area because of the way they stage cars when parked.  Car Max does not offer auto service as a retail use.  They use the service building for inspections of new purchased car.  If car doesn’t pass inspection, it gets held in the back area.  They make sure all cars are safe and then thoroughly clean up vehicle.  The in store appraisal process that do not meet the CarMax quality standards are sold through an on-site non-pubic auctions.  The auctions are generally held about every 2 weeks to pre licensed car dealerships.  This takes place inside the building in the back.  There is also a private car wash located in the secured staging area and is used only by CarMax associates before vehicles are either placed in the vehicle display area or presented to customers.  85% of the carwash water is recycled.  A below ground fuel storage tank with a non-public fuel pump is proposed for this site.  The tank and fuel pump will be located adjacent to the carwash within the secured staging ara to fuel inventory vehicles as needed.  

Mr. Hertz said that deliveries of vehicles, parts and supplies are made on-site and typically require the presence of associates to receive the deliveries.  Vehicle carriers will enter the site through the main access and load and unload vehicles in the designated area on the east side of
Minutes of Special Permit Public Hearing
CarMax Auto Superstores, Inc.
May 14, 2013
Page 2

the customer and employee parking lot.  Unloaded vehicles will be driven by employees from the parking lot into the staging area to await preparation for resale or disposition through the wholesale auction process.  Provide a designated car carrier for loading and unloading on site on the east side of the lot.  The building will be a masonry structure and two tone brown in color.  There will be a glass front for the sales building.  

Member Joanne Mallozzi said this is a small car wash on site.  Will you utilize and recycle the water.

Mr. Hertz replied yes about 85% of the water is recycled and reuses for several cycles and goes through oil and water separator.

Member Joanne Mallozzi asked what is the width of the driveway and is it sufficient for cars coming and going.

Mr. Jake Hertz responded yes it is at least 30 feet wide.

Member Joanne Mallozzi said by Bertucci’s there used to be a turn around which is now closed off because there were so many accidents.  When you go out for a test drive, do you encourage associates to go with the customer or can they go on their own.

Mr. Hertz responded that they prefer to have an associate go out with customers. (Try to control).

Member Mark Silverberg said you are not striping the staging area and the fire department is fine with that?  

Mr. Jake Hertz responded yes.

Member Mark Silverberg asked are you buying this site?  

Attorney Marshall Gould responded yes but there are two separate owners.

Member Mark Silverberg asked do you do the auctions during business hours like on Saturdays?   

Mr. Hertz said the auctions generally take place in the morning before the store is open to the public.

Mr. Ron Mueller, Ron Mueller and Associates said they have met with Mass DOT to define the project.  They want to make sure car carriers can make turn round’s.  Mass DOT has an on-going project on Route 9 and as part of this project they are widening both sides of Route 9 to three
Minutes of Special Permit Public Hearing
CarMax Auto Superstores, Inc.
May 14, 2013
Page 3

lanes up to and past this driveway.  This will start in the spring of 2015.  They will be providing a  3rd lane that can function as a turn lane in front of this driveway.  They will be looking to get a strip of land from this site to make this happen.  There will be a one way sign and no left turn sign.

Member Mark Silverber does not see anything showing their nearest neighbors.  He is concerned to how close the staging area is to the neighbors.  

Mr. Jake Hertz said to the south there is additional property they are purchasing which is not developed.  There are not any close neighbors near this project.

Member Mark Silverberg asked what about the trolley line?  He would like to see them prep the trolley line.  The bike committee is envisioning a bike trail across there and this would be beneficial to the town.  We have asked another developer to do the same with just a stone dust trail.

Attorney Marshall Gould said that there are areas that will be some problem.  They are not prepared to discuss this tonight but will be willing to discuss it when the hearing is continued.

Chairman Lester Hensley said there is an intention to connect all the towns together with bike trails all the way to Boston.  

Marshall – he is doing something with the 1790 house on this.  

The Town Planner said this will eventually go from Lake Quinsigamond to Boston.

Chairman Lester Hensley said that businesses wanting to move to the area are looking for exercising amenities for employees.  

Attorney Marshall Gould said they will look into this.

Member Brian Bush pointed out that they have a couple of accessory uses, car wash and fuel pumps.

Attorney Marshall Gould said he was involved in the Honda, Lexus dealership.  This is not a public carwash but for their own vehicles.  He is not sure how many dealerships have car washes.  Virtually all dealerships are doing it.  New dealerships have recycling of water and gas separators.  They use minimal water and then recycle it.

Member Brian Bush said this should be written into the decision that the car wash is exclusively for the dealership.
Minutes of Special Permit Public Hearing
CarMax Auto Superstores, Inc.
May 14, 2013
Page 4  

Attorney Marshall Gould said this was put in the application that it was a private car wash for dealership only.

Member Brian Bush said we got a memo dated May 13, 2013 from the Fire Department and it states that they have discussed comments with CarMax and Bohler Engineering, specifically the gates.  The memo explained that the gates are 100% open for emergency personnel.  

Attorney Marshall Gould said we met with the Chief and Chris Knight.  At the beginning they did not want gates, but when he understood that they would have complete access to property even when closed, the closed area is for inventory only, where cars are stored.  The chief is taking this into consideration.  We don’t know his answer yet.

Member Brian Bush mentioned elevations to Route 9:  one issue of concern along Route 9 is landscape features as well as any taking from Mass. DOT.

Mr. Jake Hertz responded that the landscape plan has taken into consideration the taking from Mass DOT.  It will be about 4 feet.  They do plan to provide a full landscape buffer.  There will be street trees and low shrubs.  All is consistent with code.

Mr. Andrew Manning, Bohler Engineering said that in the packages is detailed landscaping.  There is a slight mound towards the driving range.  They plan to remove the dirt mound.

Member Brian Bush said that screening is important.  He would like to see a drawing showing the building with proposed landscaping.  Sometimes when time progresses, the landscaping can mature and be a line of sight issue.  Take this into consideration and make sure the line of sight won’t be compromised.

Member Mark Silverberg said make sure lighting conforms to town regulations, downward cast.

Chairman Lester Hensley said the lighting in the back lot is different from front lot.

Mr. Jake Hertz said that the sales display area is shoebox type lighting fixtures mounted on 20 foot tall light poles for visibility and security.  Fixtures use a flat lens and are downward cast to reduce light spill onto adjacent properties.  Exterior lighting will be reduced after operating hours.  They are proposing some flood lights in the back areas.

Attorney Marshall Gould said in the original application they referred to 26 foot light fixtures.  This has been changed to 20 feet not 26 feet.

Chairman Lester Hensley asked are the proposed floodlights for efficiency?

Minutes of Special Permit Public Hearing
CarMax Auto Superstores, Inc.
May 14, 2013
Page 5  

Mr. Jake Hertz responded that yes they prefer to use floodlights because you can use less flood lights than pole mounted lights.

The Town Planner agreed that floodlights are more efficient because they spread out but that is exactly why they are not allowed in the Town’s regulations.

Attorney Marshall Gould stated that the lights come down to a dimmer operational level at about 9:00 p.m.  The lights reduce again about an hour later to security level dimness.  It is automated.   They have security cameras that monitor instead of security guards.  

Questions from Audience:

Mr. Dennis McMullen at 4 Shaker Way said that CarMax is a fine operation and efficient.  They will be a good addition to this property.  His big concern is the reflective lighting to the back of the property.  You can see that property right now and in the winter it is even more visible.  Please comply with the code and give consideration to lighting in the back lots.  Pay attention to the lower center of site with respect to the lighting in the staging area and do not have deliveries at all hours of the night.

Chairman Lester Hensley said the abutters are asking for some consideration of lights and delivery times.

Mr. Jake –Hertz said after service hours go till 6-7 p.m.  Once that operation shuts down it is rare the back piece will be used.  All deliveries are accepted only at scheduled operating hours Monday through Friday from 9:00 a.m. to 9:00 p.m. an posted on the website.  One thing we pride ourselves on is to work with the neighbors.  They are willing to do work with neighbors.  

Mr. Hertz said they do provide a designated delivery area where vehicles and supplies are loaded and unloaded.  It is the furthest possible place from neighbors and also blocked by a mason wall.   Car Max does not us a loud speaker system.  All associates carry pagers and/or cell phones for communication.  CarMax also does not use flags, balloons, inflatable animals, place cards in open car hoods, painted window lettering.  

Chairman Lester Hensley suggested another work session with the Town Planner on how the floodlights do or not work with the Towns Regulations.

An abutter asked how close is the back area to the wetlands.  

Chairman Lester Hensley responded that this site is very sensitive and in hearing with Conservation Commission is taking place on endangered species, vernal pool and wetlands.
Minutes of Special Permit Public Hearing
CarMax Auto Superstores, Inc.
May 14, 2013
Page 6  

Mr. Jake Hertz stated that no part of development infringes on the wetlands.  They are working through the process where they encroach.  They have pushed the development back to the south side where it has been disturbed over the years.  They are also working with National Heritage.  They are working hard with the Conservation Commission.

An abutter asked are you asking for building permit.

Chairman Lester Hensley said first they have to get an earth moving permit from the Planning Board and then move on to Site Plan Review.

Mr. Doug Wales at 8 Lenox Way said many of the issues that concerned him have already been brought up especially lights.  Not knowing your plans, he was wondering about noise from the facility, what about using a hilly berm to help buffer noise.  We are listening and watching and so far it seems they are addressing our concerns.

Ms. Carolyn Cuff at 21 Sheffield said she is concerned about deforestation during the winter time.  What can you do to protect the residential area on the left hand side?   This is a major concern.  

Mr. Jake Hertz said that the most sensitive environmental area is in the area they are concerned with.  It has severely compromised that area.  It has been problematic from the start.  The developable acreage is small.   A six foot wall will block some of the view of cars going in and out.  Some of the land is owned by the state.  From the trail down there is no proposed tree clearing.  In the rear of the property the wall runs along the existing trees.   They will take this up with National Heritage.

Ms. Cuff. 21 Sheffield said some of their land may not have some of the issues they are dealing with.

Mr. Alex Braverman at 11 Deerfield Way asked about the large amount of hardtop.  Have you considered this when dealing with drainage.

Mr. Andrew Manning said he will comply with town and state regulations on drainage.  We will be collecting all surface runoff in catch basins on site, 3 basins that will hold water and recharge water.  They are taking advantage of the sandy soil to recharge the water.  There is a vernal pool dependent upon that water.

Mr. Braverman said he is concerned about the low building to the left where the water may be a problem.

Minutes of Special Permit Public Hearing
CarMax Auto Superstores, Inc.
May 14, 2013
Page 7

Mr. Carl Balduf said he submitted a quick memo that this is under review and will submit his full comments later.

Chairman Lester Hensley asked how many jobs are you creating?

Mr. Hertz responded 116 – 180 jobs and 75-80%  of these will be full time jobs.

Member Mark Silverberg motioned to continue the Special Permit public hearing on CarMax to June 4th at 7:40 p.m.  The motion was seconded by Member Joanne Mallozzi and unanimously voted.

Respectfully submitted,

Sandy Spinella
Administrative Assistant


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Lester Hensley, Chairman to Planning Board                      Brian Bush, Vice-Chairman

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   Joanne Mallozzi                     Mark Silverberg                   


Forbes Municipal Building
Tel. (508) 366-3055                                             45 West Main Street
Lester Hensley, Chairman                                                Westborough, MA 0158
Jim Robbins, Town Planner

May 15, 2013

To:     Tin Htway, Building Commissioner

From:   Jim Robbins, Town Planner

Re:     Sachi Japanese Restaurant

The Westborough Planning Board held a meeting on May 14, 2013 and approved the following:

  • Outdoor seating plan with fencing for Sachi Restaurant dated May 14, 2013.
If you have any questions, please call at: 508-366-3055.  Thank you.

Town of Westborough