The regularly scheduled meeting of the Millbury Planning Board was held on Monday, November 27, 2006 at 7:00 p.m., in the Municipal Office Building, 127 Elm Street, Millbury, MA. Chairman William Borowski presided.
Present: Rusty Valery, Anna Lewandowski, William Borowski, Richard Gosselin
7:15 p.m. Mail
November 14, 2006 letter from Norman Hill, regarding monuments on the Couture – Gould Street ANR plan
Letter from Taniel Bedrosian, regarding Park Hill Village, requesting permission to install 20 feet of black chain link fencing, four feet high, for safety purposes, regarding the area abutting the detention basin. Motion by Richard Gosselin, seconded by Anna Lewandowski, to approve the request, motion carried unanimously.
7:20 p.m. Minutes
Motion by Richard Gosselin, seconded by Rusty Valery to approve the minutes of October 2, 2006, with corrections, motion carried unanimously.
Motion by Richard Gosselin, seconded by Rusty Valery to approve the minutes of October 16, 2006, Vote: 3-1-0, Mr. Borowski abstained as he was absent from this meeting.
Motion by Anna Lewandowski, seconded by Richard Gosselin to approve the minutes of October 30, 2006, with corrections, Vote: 3-1-0, Mr. Borowski abstained as he was absent from this meeting.
7:25 p.m. Machonis – Woodland Street ANR Plan
Motion by Rusty Valery, seconded by Richard Gosselin to approve the ANR Plan for property located at 58 South Main Street, owned by Albert & Joanne Quillen, prepared for Ken Machonis, dated November 1, 2006, prepared by Land Planning, Inc., motion carried unanimously.
7:30 p.m. Watson Estates Definitive Plan Public Hearing
Clerk Valery read the public hearing notice. Robert Murphy, Murphy Associates was present on behalf of the applicant. This is a 5 lot subdivision, four lots within the subdivision, one lot on McCracken Road, and it will be a private subdivision. Mr. Murphy provided an overview and status, and advised the Board that comments from Graves Engineering will all be addressed. The amount of cuts and fill should be even, there would be no earth removal.
Chairman Borowski opened the meeting to the public.
Public comments included:
· Doris Haig, 92 McCracken Road: inquired as to buffer zone, and a provision to ensure that the buffer zone will remain even when the property is transferred to a new owner, perhaps by adding a deed restriction; waivers that may have been requested; style of homes, will house presently on McCracken Road remain there, what are the required setbacks and asked that further setback restrictions be applied so that more trees could remain; she was also concerned with blasting materials.
· Joanne Marcott, 291 Millbury Street, Auburn: the fieldstone wall has been disrupted and she was concerned with further breaches to the wall; safety of road entrance to subdivision and the blind curve that is nearby – maybe caution or speed monitoring signs could be used; re-set pins should be witnessed by a licensed land surveyor and documented.
Clerk Valery read letter dated November 27, 2006 from DPW Director Joseph Chase advising that a road width of 20 feet would be adequate.
Clerk Valery read letter from Conservation Commission dated November 16, 2006 which indicated that a DEP filing is expected, and so are separate filings for lots 1, 2 &3.
Clerk Valery read e-mail from Building Inspector Ronald DeSantis which requested that the details of the retaining wall be show on the plan, suggested use of versa-rock wall; the lot regularity factor calculations should be shown on the plan.
The Board discussed the ability to place restrictions on the subdivision which would prevent the roadways from ever becoming public. Mr. Murphy indicated that if all subdivision standards were required to be met the developer may not want this to be a private subdivision.
Mr. Borowski asked that an update on the replacement and/or repair of the wall be submitted by December 11, 2006.
Motion by Richard Gosselin, seconded by Anna Lewandowski to continue the public hearing to December 11,2 006 at 9:00 p.m., motion carried unanimously.
Chairman Borowski declared a two minute recess.
8:30 p.m. 131 Providence Road, Public Hearing, cont.
Doug Vigneau, BSC Group addressed the Board and provided a status report of activity since the last public hearing.
Clerk Valery read letter dated September 26, 2006 to the Board of Health submitting an e-mail response from the DEP regarding existing septic systems and stating that there is no requirement to upgrade.
Final comments from National Grid are expected.
Clerk Valery read letter from Conservation Commission stating that if the plan is significantly revised it will be necessary to return to the Conservation Commission.
There was no public input.
Motion to close the public hearing by Richard Gosselin, seconded by Anna Lewandowski, motion carried unanimously.
Motion by Anna Lewandowski, seconded by Richard Gosselin, to grant the site plan review special permit, subject to conditions, safeguards and limitations for property located at 131 Providence Road, applicant SAC Realty, LLC, plan dated March 6, 2006, last revised November 27, 2006, prepared by BSC Group, 33 Waldo Street, Worcester, MA. Motion carried unanimously.
8:40 p.m. Murray – Rayburn Dr. ANR Plan
A 1584 sf piece of land is to be conveyed to Robert & Karen Murray by Sean Brown & Tammy Lambert.
Waivers:
Motion to waive the requirements of the Subdivision Rules & Regulations, Section 4.13, locus map scale 1” = 1000’ by Richard Gosselin, seconded by Anna Lewandowski, motion carried unanimously.
Motion to waive the requirements of the Subdivision Rules & Regulations, Section 4.13 Sight Distance (as this plan is not creating a new lot) by Richard Gosselin, seconded by Anna Lewandowski, motion carried unanimously.
Motion by Rusty Valery, seconded by Anna Lewandowski, to approve the ANR plan for property owned by Sean M. Brown & Tammy A. Lambert, prepared by Andrews Survey, dated October 30, 2006, prepared for Robert & Karen Murray, motion carried unanimously.
A letter will be sent to Andrews Survey advising them that digital files are now a requirement and the plan should reference 83 datum and include the north arrow and mandatory coordinates.
8:50 p.m. Oakes Circle – Status
Town Planner Connors advised that a letter was forwarded to the developer requesting his attendance at this meeting. It was also followed up with a telephone call. No response was received. A letter was also forwarded to the chairwoman of the homeowner’s association, Barbara Brown, inviting her to attend. Ms. Brown identified safety concerns which included the lack of streetlights, raised drains which are also blocked and damaged, poor street conditions, no sidewalks, and high cost to contract snowplowing because of the existing conditions. Photos were submitted.
Ms. Connors advised that pursuant to the decision, the developer has until 2008 to complete the subdivision. The Board authorized a letter to the developer advising him that all liability will remain the responsibility of the developer.
9:00 p.m. Jessica J. Extension Endorsement and Performance Guarantee
Revised plans have been received and have been forwarded to Graves Engineering for final review.
9:15 p.m. Fink Road ANR Plan
Attorney Greenwald and applicants Steven Comolli and Karop Dironian were present, with Norman Hill of Land Planning. Revisions have been made and noted on the plan. Applicants will commit to pave a 20 foot roadway past the three lots they would like to establish, for a length of approximately 760 feet, prior to any occupancy permit being issued. Road construction will be pursuant to the town’s Subdivision Rules & Regulations. Two drain pipes will be installed.
Attorney Greenwald advised the Board that the applicants do not believe that this plan is required to be filed as a definitive plan. Town Planner Connors disagreed. He recommended that the Board seek town counsel opinion on this.
Mr. Gosselin pointed out deficiencies on the plan.
Attorney Greenwald indicated that outstanding application fees for the previously submitted and withdrawn definitive plan will be paid to the town. Applicant will also agree to pay for town counsel services. He asked that engineering review be held on the ANR plan until town counsel’s opinion has been received.
Applicant agreed to an extension of time for filing a decision to January 30, 2007. The Board continued the discussion to January 8, 2007 at 8:45 p.m.
8:50 p.m. Cronin Brook Heights: Signing of Modification and Extension
Motion to approve the Certificate of Approval of Modification to the Definitive Plan and Extension, by Richard Gosselin, seconded by Rusty Valery, motion carried on a 3-1-0 vote. Anna Lewandowski was opposed.
Other Business:
· Chairman Borowski advised the public that applications are being accepted to fill the vacancy due to the resignation of Mr. Vecchio and for the Associate Member position.
Adjournment:
Motion to adjourn by Richard Gosselin, seconded by Rusty Valery, motion carried unanimously. Meeting adjourned at 10:05 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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