The regularly scheduled meeting of the Millbury Planning Board was held on Monday, January 22, 2007 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, Brian Stowell
7:00 p.m. Modification to Subdivision Rules & Regulations, Public Hearing, cont.
Additional modifications to the Subdivision Rules & Regulations were discussed, including: regularity factor, datum references and boundary markers, and loam and seeding of disturbed lot areas.
There was no public input.
Motion to close the public hearing by Anna Lewandowski, seconded by Richard Gosselin, motion carried unanimously.
Motion to accept the modifications to the Subdivision Rules & Regulations, to include all modifications as discussed (a copy of which is attached hereto) by Anna Lewandowski, seconded by Richard Gosselin, motion carried unanimously.
7:20 p.m. Jessica J. Extension Mylar Signing and Performance Guarantee
The Board discussed the retention basin and required slopes, a revised plan was submitted at this meeting. The plan will be forwarded to Graves Engineering for review.
Motion by Rusty Valery, seconded by Brian Stowell, to approve the Covenant for a subdivision of land entitled Jessica J. Extension, Definitive Subdivision of Land in Millbury, Massachusetts, dated August 25, 2003 as amended, prepared for Baggy M. Realty Trust by Thompson-Liston Associates, Inc., motion carried on a 4-1-0 vote. Anna Lewandowski abstained as she did not vote for the original plan.
7:50 p.m. Patriot Place, Public Hearing, cont.
Russ Adams, Engineer was present on behalf of the applicant. He indicated that a five foot arbor vitae buffer will be placed around the proposed detention pond.
Clerk Valery read the following letters into the record:
· Letter from Marie Cannon, Earth Tech into the record, which advised the Board that the town will work with the applicant to coordinate work to tie into the sewer system at Howe Avenue; and which notified of new custom casting models for manhole coverings.
· Letter dated January 22, 2007 from the Conservation Commission indicating that filing with the DEP will be required.
· Letter dated January 22, 2007 from DPW Director Joseph Chase advising that a new catch basin is to be installed across the street to correct flooding.
· Letter from Police Chief Handfield stating that he had no issue with this proposal.
There was no public input.
The Board discussed the detention basin, identifying maintenance and the steepness of the slope as areas of concern. Ms. Connors stated that she spoke with Aquarion Water Co. and was advised that they may be amendable to a trail easement which leads to their property.
Motion to close the public hearing by Rusty Valery, seconded by Richard Gosselin, motion carried on a 4-0-1 vote. Brian Stowell abstained as he was not present at the opening of this public hearing.
The Board discussed the waiver request from Section 5.3.5 ( c ) location of tree cover, and the slope of the proposed basin. Jeffrey Walsh from Graves Engineering advised the Board that the 1:1 slope proposed would be structurally sound, but safety and aesthetics could be an issue with the Board.
Motion to re-open the public hearing by Anna Lewandowski, seconded by Richard Gosselin, motion carried on a 4-0-1 vote. Brian Stowell abstained.
A three foot wall with a re-configured slope was suggested.
Motion to continue the public hearing to February 12, 2007 at 8:00 p.m. by Anna Lewandowski, seconded by Richard Gosselin motion carried unanimously.
Chairman Borowski declared a two minute recess. Upon return the Board will open the Canal Street public hearing and other agenda items will follow.
8:55 p.m. Canal Street Place Public Hearing
Clerk Valery read the public hearing notice. Attorney Peter Keenan spoke, representing the applicant, The Westford Group. Nathan Mahonen, Hannigan Engineering gave a brief presentation.
Chairman Borowski advised that variance(s) from the Board of Appeals will be necessary. He identified Saturday morning traffic issues.
Mr. Gosselin identified plan deficiencies which included the lack of monumentation and land surveyor’s stamp, compliance with zoning statement to be added to the plan, 88 datum reference, distance between Howe Ave. and Railroad Court, and between Railroad Court and the bypass driveway and main entrance.
Because approval from the Board of Appeals will be required, the applicant indicated that it would withdraw this application, without prejudice and will return to the Planning Board after the Conservation Commission and Board of Appeals processes are completed.
Chairman Borowski opened the hearing to the public.
Those in attendance identified the following concerns:
· Are town incentives being given? (No)
· Congestion on Canal Street
· Impact to businesses on Elm Street and downtown
· Abutters will have to listen to window orders, outdoor speakers, car radios, etc. due to the drive-through
· Increased traffic on Millbury Avenue, especially if identifying signs are placed on Route 146
· Request for vegetative buffers and/or fencing for abutters
· Notification of abutters for Board of Appeals hearing and availability of information to public
Other residents stated that this is a clean business, better than an industrial use, there are already two Dunkin Donuts along Route 146, this location should not draw from Route 146.
Cynthia Burr, Chairman, Millbury Historical Commission advised that this is the former site of an old railroad station. It was once hoped that the present right of way would connect the bikeway. The Blackstone River canal is located somewhere nearby and underground, this property might be on the National Historical list of properties.
Ms. Burr also spoke as the Director of the Millbury Improvement Initiative and asked how this business proposal would impact present downtown businesses. The architectural plans are a tribute to the town of Millbury.
Jim Smith presented the architectural plans.
Clerk Valery read letter dated January 22, 2007 from Frank Irr of 22-24 Canal Street, which addressed his concerns with the hours of operation, traffic and idling car motors, and asked the Board to be sensitive to the abutters.
Chairman Borowski declared a two minute recess.
10:05 p.m. Fink Road ANR Plan and Paper Road Improvement
The Board was in receipt of town counsel’s opinion as to approval of this plan as an ANR plan. Attorney Greenwald, representing applicants Comolli and Dirazonian, asked for a copy of the letter, the Board declined.
Motion to deny the ANR Plan dated March 16, 2006, prepared by Land Planning, Inc.. property located at 2 Fink Road, owned by Steven Comolli and Karop Dirazonian, by Rusty Valery, seconded by Anna Lewandowski, motion carried on a 4-0-1 vote. Mr. Stowell abstained. The plan lacks sufficient access, the existing way has insufficient width, unsuitable grades.
10:30 p.m. Cronin Brook Estates – Curb Reveal
The curb reveal in some areas of the left side of the newly paved roadways is less than six inches, which is required. Jeff Walsh, Graves Engineering, stated that he has inspected the site, one 20 foot section has a 2 – 3 inch reveal, another 100 foot area a 3 - 4 inch reveal, both areas are after the top course pavement was installed.
The cul-de-sac at Diana Hill Road has not been completed as per the plan. Mr. Walsh advised that the work completed was per the plan, with the exception that two catch basins were relocated. He also assured the Board that Graves Engineering did not authorize the developer to end the roadway without the cul-de-sac, he only inspected the work that was completed.
Ms. Lewandowski asked the Board to review the deficiencies identified by the Conservation Commission.
Other Business:
· The Board reviewed the proposed budget prepared by Town Planner Connors. Motion to approve the budget by Brian Stowell, seconded by Anna Lewandowski, motion carried unanimously.
· Zoning-related Warrant Articles: the Board with hold a special meeting for public hearing on Monday, February 5, 2007 at 7:00 p.m.
Minutes
Motion to approve the minutes of December 11, 2006 by Anna Lewandowski, seconded by Rusty Valery, motion carried unanimously.
Motion to approve the minutes of January 8, 2007 by Brian Stowell, seconded by Anna Lewandowski, motion carried unanimously.
Adjournment
Motion to adjourn by Rusty Valery, seconded by Anna Lewandowski, motion carried unanimously. Meeting adjourned at 11:05 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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