TOWN OF CHELMSFORD
PLANNING BOARD
MEETING MINUTES
April 22, 2015
6:30 P.M. CALL TO ORDER
Members Present:
Edmond Roux, Michael Raisbeck, Henry Parlee, Nancy Araway,
Glenn Kohl, Monica Gregoire, George Zaharoolis-Alternate
Member Absent:
Colleen Stansfield
Others Present:
Evan Belansky, Community Development Director
Janet Murphy, Clerk
Chairman Raisbeck called the meeting to order at 6:30 p.m. This meeting is being televised by
Chelmsford Telemedia and tape recorded for purpose of taking minutes.
NEW PUBLIC HEARINGS
6:30 P.M.
1. 143 Old Westford Road
PB # 2015-03
Site Plan Approval
Whitman & Bingham, LLC, on behalf of Charles Brooks requests Site Plan Approval for the
construction of an addition to a single family dwelling which will result in expansion beyond
4,000 sq. ft. of habitable space. The legal notice for the hearing and Department Review
letters were read for the record. Brian Milisci of Whitman & Bingham represented the applicant.
The property currently contains a single family dwelling, detached garage, an in-ground
swimming pool and associated pool house. Architectural drawings showing the addition were
provided. The single family dwelling as it is situated on the lot is a pre-existing non-conforming
structure due to the insufficient front yard offset to both Old Westford Road and Pilgrim Road.
The proposed project consists of the demolition of the existing detached garage, and the
construction of an addition, which also includes an attached garage and barn and a detached
sunroom. Measurement of the addition is 2,150 +/- sq. ft., totaling 17.6% lot coverage.
Maximum coverage is 15%. Lot size is 30,841 sq. ft. Single Residence District. The project
as proposed requires a Special Permit from the Board of appeals for the expansion of a preexisting non-conforming structure. The Special Permit was granted on October 4, 2014.
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Mr. Charles Brooks, he property owner, told the Board that he has lived here for many years
and wishes to expand this home and increase their first floor living space to meet the family’s
needs, rather than look for another home.
Board questions included what is the total square footage with the new addition. Mr. Milisci
responded that this figure is 6,040 sq. ft. The question of auto repairs taking place was raised.
There are no plans for this. It was noted that the lot was large enough to accommodate the
project, and that what was proposed was in keeping with the style and character of Old
Westford Road.
The hearing was opened to the public. No one from the public commented on the application.
Mr. Roux moved to close the hearing, seconded by Mr. Parlee. Unanimous.
Mr. Roux made a motion to grant Site Plan Approval for 143 Old Westford Road according to
the plans presented, with the special condition that no commercial auto repair shall take place
on the premises at any time. Mr. Parlee seconded. Unanimous.
6:45 P.M.
Minor Site Plan &
2. 177 Boston Road
PB # 2015-02
One Special Permit
Atty. Douglas Hausler, on behalf of Triangle Realty Trust, requests Minor Site Plan and one
Special Permit for Modification of a Non-conforming Structure. Attorney Hausler represented
Peter McAlister, trustee of Triangle Realty Trust. The legal notice and Department Review
letters were read for the record. The project calls for expansion of the existing non-conforming
structure on the lot. The proposed expansion would be an extension to the existing building
totaling 1,640 sq. ft. The lot size is 24,640 sq. ft. Property is zoned RB Residential District.
This expansion would provide two additional vehicle servicing bays which can accommodate
today’s larger vehicles such as SUV’S, contractor trucks, etc., that are too tall for the current
five bays in the service station. The family has been in business at this location since 1978
and has a sizeable customer base, but some have had to find other places for vehicle servicing
due to the size limitations at Triangle. A permit from the Board of Appeals for a Variance to
construct the garage addition to the existing non-conforming structure resulting in reduced rear
setback was granted in February, 2015. No expansion of the office or waiting area is included
in the proposal, nor will any new employees be hired.
Brian Geaudreau of Hancock Associates discussed the site. The property is located at the
convergence of Concord Road and Boston Road. Farley Brooks runs under the property. It is
in a flood plain and Conservation Commission approvals are needed for this project. This
location at the rear of the building is the only place available place to add the addition. A
reason for the minimal landscaping as that the Town plows push snow at this corner in order to
keep Concord Road and Boston Road open. This is understandable to the applicant who did
not hire a costly landscape architect to design landscaping with this in mind. Mulch was
chosen over grass. The dumpster will be moved and re-screened. The height of the new
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addition is under 35 ft. Roof runoff will go into a catch basin on top of a culvert. Gutters and
dry well will be installed.
The Board commented as follows: impact on the house to the rear; screening plan for
evergreens/arborvitae along the 8 ft. property line, the need to see a sketch of the proposed
addition, previous permits for parking and cars for sale; landscaping should be a bit higher, not
flat, at the corner of Boston Road; total number of lifts, including new ones; possible retaining
wall.
Mr. Hausler addressed Department review concerns and Board comments:
 Sign will be illuminated only during the hours in the Building Commissioner’s review
letter, and building and parking are lighting will conform to the bylaw.
 Planter barrels as Mr. Belanksy suggested will be considered.
 There are no plans to change parking, and they are permitted to sell 6 cars, which also
is not changing.
 There will be seven lifts altogether.
 The house at 185 Boston Rd. will look down on the addition. The vacant lot in back of
177 Boston Road is unbuildable.
Mr. Hausler emphasized that activity on the site is fluid and on-going. But it is not a gas
station. The applicant’s does not wish to complicate or burden the neighborhood with extra
activity and those consequences. He simply wants to remain in business there and have the
ability to service a variety of vehicles, as times change.
The hearing was opened to the public. Michael Dube, 185 Boston Road, asked how far the
new building would be from his property line. The plan shows 8 ft. from his property line; it will
be 75 ft. from his house. Mr. Hausler showed the topography and the downward slope of the
hill between the two properties. Robert Morse, 19 Maple Road, said he would like to see more
landscaping to soften the paving at the crossroads.
The applicant was asked to provide a sketch of the building, details on the landscaping at the
point, and a plan that shows Mr. Dube’s house to the rear for the next meeting.
Mr. Roux moved to continue the public hearing to May 13, seconded by Mr. Parlee.
Unanimous.
7:00 P.M.
Approval under CEIOD &
3. 371 Acton Road
PB # 2015-04
Associated Special Permits
Deschenes & Farrell, P.C., on behalf of Acton Road LLC, requests approval under Article XXI,
Community Enhancement and Investment Overlay District and associated Special Permits per
Sections 195-111.D.1, and any other permit relief as may be required under the Chelmsford
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Zoning Bylaw to allow the proposed use/project: construction of a fueling station, convenience
store and fast food with associated site improvements. The legal notice and department review
letters were read. Motion by Ms. Araway, seconded by Mr. Parlee, to waive the reading of the
lengthy attachment to the BPAC letter. Unanimous.
Atty. Melissa Robbins of Deschenes & Farrell represented the applicant. Representatives of
MHF Design Consultants, project engineers; C/W Design Group, architects; and GPI Traffic
Consultants were in attendance. Ms. Robbins reminded the Board that the project had received
a Positive Finding of Applicability under CEIOD in October 2014. The site currently contains a
2,245 sq. ft. vacant service station and gasoline facility. The redevelopment consists of gutting
and expanding the existing building and constructing a 2,978 sq. ft. convenience store/donut
shop and a gasoline facility with 8 vehicle fueling positions. Access and egress to the site
currently exists via two full access/egress driveways on Acton road. This will remain the access
and egress, however, slight modifications to the driveways will be made as part of the
development to better define the driveways.
The site is bounded by vacant land to the north, Pond Street, the Bruce Freeman Bicycle Trail,
and Heart Pond the west; Acton Road to the east, and the intersection of Acton Road at Hart
Road to the south.
Ms. Robbins stated that the owners have cleared the property of automotive debris that had
accumulated on the site. The applicant met with the abutters to inform them of the plans to redevelop the parcel, and made some adjustments in their plans at the neighbors’ request. The
handicap parking space will be moved per the Police Chief’s request. All lights will be off at 9
p.m. except for safety lighting. There will be no piped in music. On site drainage will be treated
and released to the street. Minimal landscaping is proposed. Low growing trees are proposed
for the perimeter. A picnic area with benches is planned in the rear of the building near the
bicycle path.
Joe Welch of C/W Design Group showed pictures of the proposed building, which is styled to
look residential, and contains architectural features such as a cupola.
Heather, representing GPI, gave a summary of the Traffic Impact and Access Study, which is
attached to these minutes. It concluded that the proposed gas station and convenience store
redevelopment with a donut shop will not have a significant impact on the operations of Acton
Road or the surrounding roadways.
The Board noted that the time frame for voting on this proposal is 120 days; the deadline to
issue a decision is 30 days after the vote.
The Board had the following comments:
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impact on neighbors
traffic patterns
why wasn’t cross walk at the corner
would like cross walk painted
under 4,000 kelvin lighting & warmer non-blue lights
want canopy to be like the one at New World Gas on Littleton Road
loitering at the picnic tables/discuss with Police on how to handle
The hearing was opened to the public. Mark Robidas, 4 Meehan Drive, reiterated the points in
his letter which was read for the record. He sees it hurting Kate’s Corner’s business, problems
with loitering, long hours of operation and overall negative impact on the neighborhood he has
lived in for 16 years. There is no benefit to the community in this project and it should be
rejected. Tom Gazda, representing BPAC, said he foresees problems with trash on the
Freeman Bike Path, which is maintained by BPAC and volunteers. Their proposed hours of 7
a.m. to 9:00 p.m. would recreate lots of new trash on the trail and near it which would not likely
be carried away by users. He also described the various styles of bike racks as detailed in the
BPAC department review letter for the Board’s consideration.
Bob Morse, 19 Maple Road, requests limitations on intensity of the lighting. He does not think
the type of lighting at gas stations such as at Drum Hill Road is appropriate here. He would like
low light levels throughout the property. Regarding trash, he would like the applicant to donate
trash compactors to accommodate additional trash. Finally, for their sign, the correct spelling is
H E A R T.
Joe Poirier, 3 Meehan Drive, spoke to the points in his letter to the Board. There are many
unknowns, hours of 6 a. m. to 9 p.m. are excessive, what is to prevent them from going to a
24-hour-a-day operation? This is not a fit for the neighborhood.
Two students at Chelmsford High School, both seniors, asked the Board to reject the proposal.
They live on Garrison Road and walk their dogs on Acton Road. There are plenty of Dunkin
Donuts, another one isn’t needed here. The proposal is not appropriate for this neighborhood.
Len Richards, 2 Hart Road, said he is the closest abutter to the project and has lived there 30
years. He has met with the applicant. While not opposed to the project, he presented his
concerns including would they go from being open 5 ½ days a week to 7 days; would like their
signs low to the ground; he would oppose being open after 8:00 p.m.; there should be no sign on
the canopy; all lighting should be low to the ground. Mr. Richards stated that the property has
been derelict for a long time. A project like this would present a big change to the neighborhood.
He does not object to a gas station and store, but does want some limitations to protect the
neighborhood, and to keep night time traffic at its current level in this highly residential, relatively
quiet area.
John, a resident of Purcell Drive, said he is worried about location of the crosswalk, an increase
in traffic, people making u-turns, and general hazards to the neighborhood that the project would
bring.
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The Board wanted to address lighting, canopy, the sign, height and pitch of the roof, trash
management, proximity to the rail trail. Reference was made to the Pepperrell rail trail which
abuts several eating establishments.
Mr. Roux made a motion to continue to May 13, seconded by Mr. Zaharoolis. Unanimous.
7:30 P.M.
Modifications to Previously Approved
4. 77 and 95 Drum Hill Road
PB # 2015-01
Site Plans, and New Special Permits
Howard Stein/Hudson, on behalf of AutoFair Realty Chelmsford, LLC requests Modification to
a Previously Approved Site Plan and a Special Permit (95 Drum Hill Road); Modification to a
Previously Approved Site Plan (77 Drum Hill Road); and new Special Permits to allow the
proposed use/project: to construct shared parking on the land abutting the site owned by
Burger King Corporation, 77 Drum Hill Road. The legal notice and department review letters
were read for the record.
Katie Enright of Howard Stein/Hudson and Atty. Melissa Robbins represented the applicant.
AutoFair would like to add 90 parking spaces in the rear of the site for auto inventory. The
project site consists of 29,680 sq. ft. and is a leased area within the Burger King property at 77
Drum Hill Road. It is a fairly flat site vegetated by brush and tree cover. The site will be
improved with a paved inventory lot serving the proposed AutoFair Nissan dealership to be
developed at 95 Drum Hill Road. Access to the parking lot has been designed to
accommodate two-way traffic from the proposed AutoFair parking area to the northeast of the
structure. The property will remain under the ownership of Burger King and leased to AutoFair.
About 24,000 sq. ft. is proposed to be paved. This proposal will have no impact on Burger
King’s operations at 77 Drum Hill Road. Ms. Enright reviewed each of the special permits that
are requested. She stated that drainage on this site is designed independently of the
dealership site. There is a 5-6 ft. berm on the line with 20 Research Place. No security
lighting is planned.
Comments from the Board were: contribution to 53G for creation of new parking spaces; hours
of lighting should be dimmed down at approximately 10:30 p.m.; want softer white lights
measuring 2,700 kelvin; employee access only to rear lot; reduced landscaping triggers larger
53G contribution; designate 3 to 5 spaces temporary, then convert to snow storage in winter;
level of activity at Starbucks next door; prefer to give direct access; the area already
experiences heavy traffic.
A meeting with the Police, Mr. Belansky and Mr. Jahnle was suggested.
Mr. Belansky was requested to write a Decision draft with Mr. Zaharoolis’ comments included,
and stating that any future owner must come back to this Board to do anything else on the
property.
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Mr. Roux made a motion to continue the hearing to May 13. Mr. Zaharoolis seconded.
Unanimous.
ZBA REVIEWS
 18-20 Boston Road, Variance. No concerns
 42 Linwood Street, Special Permit. No concerns
 19 Miland Avenue, Special Permit. No concerns.
New Business. None
Old Business. None
Committee Reports. None
Executive Session. None.
There being no further business, Mr. Parlee moved to adjourn, seconded by Roux. Unanimous.
Meeting adjourned 10:00 p.m.
Respectfully submitted,
Janet Murphy
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