The regularly scheduled meeting of the Millbury Planning Board was held on Monday, December 11, 2006 at 7:15 p.m., in the Municipal Office Building, 127 Ellm Street, Millbury, MA. Chairman William Borowski presided.
Present: Rusty Valery, Anna Lewandowski, William Borowski, Richard Gosselin
7:20 p.m. Shoppes At Blackstone Valley - Metro Sign & Awning
Mr. Thomas Dunn from Metro Sign & Awning addressed the Board and indicated that the Shoppes would like to install four directory signs, which will be illuminated. Motion by Rusty Valery, seconded by Richard Gosselin to approve the four signs provided that 8 feet of sidewalk to serve as a walkway remain open in each location. Motion carried unanimously.
7:30 p.m. Patriot Place Definitive Subdivision Plan Public Hearing
Clerk Valery read the public hearing notice.
Russ Adams, Engineer addressed the Board, representing Eligius Homes. This is an eight lot subdivision. serviced by water and sewer. A detention pond with an overflow is being provided. Four streetlights are proposed. A trail easement accessing the Aquarion Water Co. property, with signage is proposed. Parking will be available within the cul de sac, accommodating seven to eight cars. Two waivers are being requested: requirement to provide an index sheet and location of tree cover and trees over 12” in diameter and 4 above ground level. Town Planner and Graves Engineering comments have been addressed by the applicant.
Clerk Valery read letter from Fire Chief Rudge indicating required water flow and hydrant location.
Clerk Valery read letter from Conservation Commission advising that the Commission will expect a DEP filing from the applicant.
Clerk Valery read letter from Police Chief Handfield indicating that he had no issues with the plan.
Clerk Valery read letter from DPW Director Joseph Chase indicating concerns with large oak trees and an inadequate drainage structure. The Board requested a letter from Mr. Chase confirming the location of the catch basin that he has identified.
Chairman Borowski briefly summarized letter from EarthTech, indicating that this proposed subdivision will have no impact on existing sewer conditions.
Board members discussed the road width, parking issues, blasting and related cut and fill, handicap ramp relocated to crosswalk location, creation of homeowner’s association for maintenance of detention pond, location of gated access for basin.
Chairman Borowski opened the meeting to the public. The following concerns were raised:
· Mr. Richards, 6 Lincoln Avenue stated that his basement is already wet at times, he is concerned with the impact of blasting and cracks to his foundation.
· Margaret Dupuis, 4 Lincoln Avenue, advised that a brook runs between 4 and 6 Lincoln Avenue, which currently overflows. She is concerned that further tree removal will increase the water flow, causing additional flooding. Ms. Dupuis also asked who would be responsible to see to it that the buffer zone would not be disturbed.
· Michael Kniskern, 49 Howe Avenue, asked about the proposed detention pond, and expressed concerns that this would be a 160 foot long basin surrounded by a chain link fence. He is an abutter and would be dramatically impacted. He also had concerns with dust and stone and asked if abutters would be reimbursed for cleaning that would become necessary.
· Joshua Morin, 45 Howe Avenue also had concerns with blasting, and requested that the location of the stream be included on the plan.
Mr. Gosselin suggested that a certified letter be sent to abutters identifying the last day of blasting so that they would be aware when the 30 day claim period begins. He also requested that the “Z” coordinate be referenced on the plan.
The Board requested copies of test pit information.
Motion by Richard Gosselin, seconded by Anna Lewandowski to continue the public hearing to Monday, January 22, 2007 at 7:30 p.m.. Motion carried unanimously.
Chairman Borowski declared a two minute recess.
8:45 p.m. Mangano Estates, Public Hearing, cont.
Ms. Lewandowski read her disclosure statement dated December 11, 2006, which she filed with the Town Clerk.
Marc Belanger, Hannigan Engineering addressed the Board. He advised that all comments from Graves Engineering will be addressed. Jeff Walsh, Graves Engineering concurred that the remaining issues were not major. Access from Colton Road will be considered.
Mr. Gosselin expressed concern with the 8% road slope that extends for over 1,000 feet, stating that this was unacceptable.
Ms. Lewandowski was concerned with grading of lots, wetland protection and impact to the stream behind lots 5 & 6, and the status of Braney Road.
Town Planner Connors advised that the traffic study was incomplete, and recommended that the applicant provide accurate counts. She also expressed concern with the dramatic grading on lots.
Those in attendance indicated the following concerns:
· Vicky Garnes, 18 Braney Road asked how the public would know about e-mail and correspondence between the Board and town counsel. She had concerns with the road that will be crossing wetlands and potential impact to water pressure.
· Kenneth Higginbottom, 21 Braney Road, was concerned with traffic on Braney Road and advised that there is a sewer pipe approximately 150 feet from 18 Braney Road, that is only 2 feet below the road surface.
Clerk Valery read letters from the following:
1. Letter dated December 11, 2006 from Marie Cannon, Earth Tech discussing alternatives for on-site sewer collection system
2. E-mail from Kopelman & Paige regarding town’s right to access Colton Road
3. Letter dated December 8, 2006 from Fire Chief Rudge outlining requirements for fire hydrants
4. Letter dated December 11, 2006 from Police Chief Handfield indicating that he has no issue with the proposed plan
5. Memorandum dated December 11, 2006 from the Conservation Commission requesting that the location of storm basins be identified on the plan
6. Letter dated December 11, 2006 from DPW Director Joseph Chase recommending vertical granite curbing, granite or concrete markers, and also questioned fill amounts and locations.
Motion to continue the public hearing to Monday, February 26, 2007 at 7:30 p.m. by Richard Gosselin, seconded by Rusty Valery, motion carried unanimously.
9:25 p.m. Watson Estates, Public Hearing, cont.
Motion by Richard Gosselin, seconded by Rusty Valery to continue the public hearing, without taking testimony, to January 8, 2007 at 9:15 p.m. Motion carried unanimously.
Chairman Borowksi declared a two minute recess.
9:40 p.m. Jessica J. Extension Endorsement and Performance Guarantee
Attorney Mark Donahue addressed the Board and reviewed comments concerning sight distance, driveway extensions, test pits and soil testing, and location of stump dump.
Mr. Gosselin advised that because the utilities were shown on the revised plan as being above ground, which was not approved and which is prohibited in the Subdivision Rules & Regulations, this plan should be reviewed again for accuracy.
The applicant and town planner agreed to discuss and work out any items which might remain.
10:05 p.m. Cronin Brook Heights Release
An inspection to determine remaining work was completed by Graves Engineering on November 27, 2006. Graves Engineering has determined that the amount of $186,632 is estimated to complete the remaining construction work. The amount of $293,368 was recommended for release.
The Board discussed additional repairs to curbing, if necessary and agreed to hold additional funds for this purpose.
Motion to release $285,000 and to hold a total of $190,000 to complete remaining work, by Richard Gosselin, seconded by Rusty Valery, motion carried on a 3-1-0 vote. Anna Lewandowski was opposed and cited as reasons the repairs for curb and pavement and funds to be held for the sidewalk escrow.
10:20 p.m. Park Hill Village Reduction and Certificate of Completion
Town Planner Connors advised that the Homeowner’s Association documents and the Conservation Easement have been recorded with the Worcester Registry of Deeds.
Motion to release the amount of $166,056, with interest, which is currently held in Millbury National Bank, Passbook # 13918, at 18 Main Street, Millbury, Massachusetts, by Rusty Valery, seconded by Anna Lewandowski, motion carried unanimously.
Motion to endorse the Certificate of Completion for Park Hill Village, by Rusty Valery, seconded by Richard Gosselin, motion carried unanimously.
10:30 p.m. Millbury Avenue ANR Plan
Plan of Land owned by Palin, , 214 Millbury Avenue, prepared by Lavallee Brothers, Inc., dated January 19, 2006, Applicant: Provencher
Town Planner Connors advised that the location of the Provencher house encroaches on the abutting property. The portion to be transferred is not a buildable lot. She spoke with Don Schmidt, Dept. of Housing and Community Development and was advised that this plan would best correct this situation.
Motion to approve the ANR plan by Rusty Valery, seconded by Anna Lewandowski, motion carried unanimously.
10:40 p.m. Millbury Housing Plan
Town Planner Connors gave the Board a status report, advising that a final draft has been completed and will be sent to Board members for comments. It will be submitted to the state by December 31st.
10:45 p.m. Signing of Couture Definitive Plan
This plan for property owned by Hanratty, located at 9 Gould Street, Millbury, MA, prepared by Land Planning, Inc., dated September 2006, applicant: Roland Couture, and was previously approved by the Board.
Motion to endorse the Definitive Subdivision Plan by Anna Lewandowski, seconded by Rusty Valery, motion carried on a 3-0-1 vote. William Borowski abstained, he was absent when this plan was before the Board.
Other Business:
Chairman Borowski advised the public that applications are being accepted for the position vacated by David Vecchio and for the Associate Member. There will be a joint meeting with the Board of Selectmen for appointment on January 9, 2007.
Adjournment
Motion to adjourn by Rusty Valery, seconded by Richard Gosselin, motion carried unanimously. Meeting adjourned at 10:45 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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