The regularly scheduled meeting of the Millbury Planning Board was held on Monday, October 30, 2006, at 8:05 p.m., in the Municipal Office Building, 127 Elm Street, Millbury, MA. Vice-Chairman Anna Lewandowski presided, in the absence of Chairman Borowski.
Present: Richard Gosselin, Rusty Valery, Anna Lewandowski
Absent: David Vecchio, William Borowski
Resignation of Member David Vecchio
Mrs. Lewandowski read Mr. Vecchio’s letter of resignation into the record. The Board accepted his resignation, with regret.
Millbury Estates Public Hearing, cont.
Mrs. Lewandowski read letter from Millbury Development, LLC dated October 26, 2006, requesting to withdraw without prejudice, the application for Millbury Estates, a Definitive Subdivision Plan. Motion to accept the request to withdraw by Richard Gosselin, seconded by Rusty Valery, motion carried unanimously.
Election of a Planning Board Clerk
The Board will defer the election of Clerk until its next meeting, so that Chairman Borowski can be present to vote.
8:15 p.m. Fink Road Public Hearing, cont.
Mrs. Lewandowski read letter dated October 27, 2006 from Steve Comolli and Karop Dirazonian, Jr. requesting to withdraw their application of the Fink Road Definitive Subdivision Plan, property located at 2 Fink Road. A letter will be sent to the applicants to pursue the receipt of the application fee for this project.
8:15 p.m. Anna Lewandowski – Writing Defensible Decisions Workshop Summary
Mrs. Lewandowski handed out outlines from the workshop she attended and summarized the information she received from speaker Judith Cutler, Esquire.
8:40 p.m. Hayward Glen II Streetlights
Mr. Valery stepped down as he is a resident of this housing subdivision.
Former Town Manager Raymond Houle authorized the installation of streetlights at another town subdivision, with the cost to be paid by the town through the rate schedule, and at that time also authorized this for the Hayward Glen II subdivision.
The developer, Mr. Perro is ready to install the streetlights and is requesting that the Planning Board honor this agreement. He submitted a proposal for the Board’s review. Mrs. Lewandowski read letter from current Town Manager Paul Guida asking for a recommendation from the Board. After discussion, the Board unanimously agreed that the previous town manager had no authority to enter into this agreement with the developer, and that there should be no precedent set that would require the town to bear the cost of installation of streetlights within a subdivision.
In addition, Mr. Gosselin requested that regarding street bounds, a drill hole with an EPLP be set where the retaining wall is.
Mr. Valery returned to open meeting.
8:45 p.m. 131 Providence Road Public Hearing, cont.
Due to a lack of a quorum for a special permit hearing, the Planning Board could not hold this public hearing.
Motion by Richard Gosselin, seconded by Rusty Valery to continue the public hearing to November 27, 2006 at 8:15 p.m., motion carried unanimously.
Other Business
Oakes Circle
Mrs. Lewandowski read letter from Barbara Brown of the Oakes Circle Association, regarding items which are not yet complete within this development, which included the streets and streetlights, and concerns with the ability to plow the roadways due to their current condition.
Town Planner Connors advised that no deadline for completion was included in the decision on this project and that all occupancy permits have been issued. However, the Board still holds a performance bond which is valid until February of 2008.
The Board agreed to contact the developer and request that he attend its November 27, 2006 meeting at 8:45 p.m. to discuss the project status. If the developer fails to appear the Board will consider taking action to pull the bond and complete the project. Ms. Brown will also be invited to attend this meeting.
Cronin Brook Heights
Mr. Valery and Mr. Gosselin both advised that they conducted independent site visits last weekend at 12 Cronin Brook Way and each witnessed a serious water problem. The yard grading slopes to the back of the house foundation. This will be discussed at the public hearing which has been continued to November 13, 2006. The Board agreed to make the developer aware of this issue so that he may take steps to correct it prior to that meeting.
9:15 p.m. Gould Street/Elmwood Terrace Definitive Plan Public Hearing
A new version of the plan has been received. Two frontage lots would be created, both have the required square footage, but both lack the required frontage.
Mrs. Lewandowski read the public hearing notice. The applicant was advised that only three Board members were present for this public hearing, all three votes would be necessary to approve this plan. Norman Hill, applicant’s engineer advised that Board that the applicant would like to go forward at this time.
Mrs. Lewandowski read into the record a letter from the Millbury Board of Appeals confirming its approval of a variance, and requesting that the Planning Board pay particular attention to water problems that could result from construction.
Mr. Hill explained the proposed drainage plan which includes roof gutters that will direct water to two pits in the ground.
Mr. Gosselin stated that no monuments were shown on the plan. Mr. Hill responded that iron pins can be set and drill holes can be included, as can coordinates for GIS (this was originally a waiver request).
No additional fill is to be brought onto the site.
Vice-Chair Lewandowski then opened the meeting to the public.
Mr. Bill Emmett, 33 Elmwood Street is an abutter to the rear who stated that he is already getting water from this site, since he is approximately fifteen feet lower. He was concerned with additional drainage which would create even more problems for him. He advised the Board that there was a lot of fractured ledge which carries water in his direction.
Mr. Victor Irr, 4 Elmwood Terrace advised that Board that although the Board approved the drainage plan for Salo Terrace, the retention basins do not work. He requested a drainage study be conducted.
Mr. Hill stated that a third pit can be constructed to capture driveway runoff, and hay bales can be placed along the lower half of the property to catch silt during construction.
There were no further comments from the public.
Motion to close the public hearing by Richard Gosselin, seconded by Rusty Valery, motion carried unanimously.
Waivers:
Motion by Richard Gosselin to deny the waiver of Section 4.1(l), to show NAD 83 and NAVD 88 datum, seconded by Rusty Valery, motion carried unanimously.
Motion by Richard Gosselin to deny Section 4.0 requirement to submit a CD containing the ANR plan and a level III standard digital file, seconded by Rusty Valery, motion carried unanimously.
Motion by Richard Gosselin to grant a waiver from Section 5.3, the submitted plan shall only meet the application requirements for ANR plans (Section 4), seconded by Rusty Valery, motion carried unanimously.
Motion by Richard Gosselin to grant a frontage waiver for lots 1 and 2, consistent with the variance granted by the Board of Appeals dated August 22, 2006, seconded by Rusty Valery, motion carried unanimously.
The Board discussed draft conditions:
· Iron pipes and drill holes to be set
· Prior to endorsement of the plan GIS coordinates with an SDF file will be submitted
· Retention areas – two for the roof and one for the driveway will be included
· Staked hay bales with a silt frame will be set to prevent erosion
· Hours of construction will be Monday – Friday from 7:00 a.m. to 5:00 p.m., and Saturday from 8:00 a.m. to 4:00 p.m.
The Board agreed to continue discussion on this application at 7:05 p.m. on November 13, 2006.
9:30 p.m. 20 River Street Public Hearing, cont.
Mrs. Lewandowski read letter dated October 27, 2006 from Gregory Gauthier withdrawing his application, without prejudice. Motion by Richard Gosselin to approve the request to withdraw, seconded by Rusty Valery, motion carried unanimously.
Adjournment
Motion to adjourn by Rusty Valery, seconded by Richard Gosselin, motion carried unanimously. Meeting adjourned at 10:10 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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