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Planning Board Minutes 042307
The regularly scheduled meeting of the Millbury Planning Board was held on Monday, April 23, 2007, at 7:15 p.m., in the Municipal Office Building, 127 Elm Street, Millbury, MA .  Chair Anna Lewandowski presided.  

Present:  George Valery, Anna Lewandowski, William Borowski, Brian Stowell, Richard Gosselin, Associate Member Scott Mueller

7:15 p.m.       Minutes

Minutes of January 22, 2007:  The Board agreed to hold this set of minutes to allow the members time to clarify the information on Canal Street Place.  

Motion to approve the minutes of February 5, 2007 by Anna Lewandowski, seconded by Brian Stowell, motion carried on a 4-0-1 vote, Rusty Valery abstained as he was absent from that meeting.

Motion to approve the minutes of February 12, 2007, as corrected, by Anna Lewandowski, seconded by Brian Stowell, motion carried unanimously.

Motion to approve the minutes of February 26, 2007 by Anna Lewandowski, seconded by Brian Stowell, motion carried unanimously.

Motion to approve the minutes of March 12, 2007 by Brian Stowell, seconded by Richard Gosselin, motion carried unanimously.

7:20 p.m.       ANR Plan:  Antoinette Ervin, Davis Road

Motion by Richard Gosselin, seconded by Brian Stowell, to approve the ANR Plan for Antoinette Ervin, dated January 25, 2007, prepared by Blackstone Valley Survey & Engineering, Inc., property located at 28 Davis Road, motion carried unanimously.

7:25 p.m.       May 28, 2007 Planning Board Meeting Date

Due to the Memorial Day holiday, the Planning Board agreed to cancel this meeting and hold only one regularly scheduled meeting in the month of May.

Hidden Meadow Subdivision:  Road Acceptance Recommendation

Motion by Richard Gosselin, seconded by Brian Stowell, to recommend acceptance of the roadways in the Hidden Meadow Subdivision, located off of McCracken Road, motion carried unanimously.

7:30 p.m.       Mangano Estates, Public Hearing, cont.

William Hannigan, Hannigan Engineering, addressed the Board on behalf of the applicant.  He clarified the traffic review submitted by Abend Associates and reviewed the report by Conley Associates, advised that the road grading has been adjusted to reduce slopes and the amount of roadwork required, and one lot has been eliminated.  He identified lot lines which have been adjusted, retaining walls have either been eliminated or reduced to 3 feet in height, with terracing.

Mr. Hannigan also submitted a written response to Graves Engineering comments, and reviewed this response with the Board.

Town Planner Connors recommended that a homeowner’s association be established to maintain the open space and access easement.

Comments from the Town Planner were then reviewed.  

Chairman Borowski opened the meeting to the public.

Residents indicated that they had the following concerns:

·       Use of perchlorate for blasting

Mr. Gosselin would like the location of the rock processing center identified and included in the plans, as well as the coordinates.

The applicant was advised that the annual town election will be held tomorrow, and there is the potential for a change in the board’s membership.  

Clerk Valery read letter from Hannigan Engineering requesting an extension of time for rendering a decision, to June 30, 2007.  Motion to approve the request by Richard Gosselin, seconded by Rusty Valery, motion carried unanimously.

Motion to continue the public hearing to June 11, 2007 at 7:30 p.m., by Brian Stowell, seconded by Rusty Valery, motion carried unanimously.

8:50 p.m        Bylaw Articles, cont.

1.      Re-zoning of McCracken Road and North Main Street

Selectmen Michael Moore explained the reasons why re-zoning of these properties would make sense for the residents and the town.  Regarding McCracken Road, if the area was re-zoned for multiple uses, there would be a greater chance to receive TIP funding to improve the roadway and to help rectify safety issues.  Regarding North Main Street, abutting properties are zoned B-II, several commercial properties already exist there.  

The Chair opened the meeting to the public.

Residents had the following comments:

a.      McCracken Road

·       Traffic was a big issue, if additional businesses are allowed in this area, the traffic would only increase.  
·       This is an ideal area for affordable housing, increase in business would result in a loss of affordable housing
·       If businesses only located on a portion of the parcels, those who still have residences there would be negatively affected
·       Some residents did not want to see improvements made to McCracken Road, it would only add more traffic, would result in traffic traveling faster, in some areas houses are only 20 feet from the road, there would not be room to make improvements
·       Safety  

b.      North Main Street

·       Mr. Moss, property owner to be affected by the re-zoning, stated that he already owns a business there and that there are 4 or 5 more businesses in this area also.  The shopping center results in many cars which stop and ask for directions, he was never notified or included in improvement discussions when the Shoppes were being discussed, and his property was never included in the highway overlay district either.  

·       Residents expressed concerns with increased traffic and increased trash

·       Concern with tax consequences

2.      To allow a member of a Board or Committee that holds a public hearing to vote on a matter, if that member attests to having viewed all relative evidence.  There was no public comment.

3.      Stormwater Bylaw

·       Residents questioned the intent of the bylaw

Ms. Connors advised that the EPA has approved a new law that requires the town to adopt a stormwater bylaw.  Some of the contents are required, others are added for the benefit of the town.

Mr. Gosselin expressed concern with the requirement that the owner will be required to restore a disturbed area to its original state.  There is no benchmark that would be established and no controls in place, which would cause a hardship.  He recommended that the property only be returned to the condition it was in prior to any new construction.

Motion to close the public hearing by Rusty Valery, seconded by Brian Stowell, motion carried unanimously,.

Motion by Anna Lewandowski, seconded by Rusty Valery, not to support the re-zoning of that portion of McCracken Road, motion carried on a 3-1-1 vote.  Brian Stowell was opposed, Richard Gosselin abstained.

Motion by Rusty Valery, seconded by Anna Lewandowski, to support the article to re-zone North Main Street, motion carried unanimously.

Motion by Brian Stowell, seconded by Richard Gosselin, to support the article to allow Board members to be eligible to vote if a meeting is missed, if all evidence is viewed by that member, motion carried unanimously.

Motion by Rusty Valery, seconded by Anna Lewandowski, to support the stormwater bylaw, as written, motion carried unanimously.

Hayward Glen II Road Acceptance

Rusty Valery stepped down, he is a resident in this subdivision.

Streetlights will not be installed prior to town meeting.  The developer has indicated that he has a signed contract with Coughlin Electric to complete the installation on May 25, 2007.  The Board is still holding a bond on this project.  

Mr. Perro indicated that the bases and conduits have been installed, the tops are on site, he is waiting for the delivery of the poles and the installation.  He provided a schedule for completion.

Ms. Connors advised that the transfer of open space to the Conservation Commission still has to be completed.

Motion by Brian Stowell, seconded by Anna Lewandowski to recommend acceptance of Hayward Glen II , motion carried unanimously.  

Rusty Valery returned to the meeting.

Bella Rosa Road Acceptance

The Board discussed acceptance of the roadway and infrastructure within the right-of-way only.

Motion by Brian Stowell, seconded by Rusty Valery to recommend acceptance of Bella Rosa at town meeting, with the Trust in place as is, motion carried on a 3-2-0 vote.  Anna Lewandowski and Richard Gosselin were opposed.  

Mr. Gosselin stated that he was concerned with setting a precedent and the modification of the trust document.  He did not want there to be any cost to the town.

Mrs. Lewandowski would like the Board to advise the public that the trust would still be responsible for the maintenance of easements, culverts, etc. and would like this to be brought up at the town meeting.

After further discussion, motion by Richard Gosselin, seconded by Anna Lewandowski, to reconsider the vote.  Motion carried unanimously

Motion by Brian Stowell, seconded by Rusty Valery, to recommend acceptance of the roadway and right-of-way only, with the understanding that the trust remain as is, motion carried unanimously.

Cronin Brook Subdivision Status

Ms. Connors advised that she is in receipt of an e-mail from Bob McKie, he is confused as to what the Earth Removal Board is allowing him to do.  He would like a statement in writing.  Once the letter is received and clarified the Planning Board wants all work to be completed.  The developer will return on May 14, 2007 with another status report.  

Adjournment

Motion to adjourn by Brian Stowell, seconded by Rusty Valery, motion carried unanimously.  Meeting adjourned at 10:30 p.m.  

Respectfully submitted,



Susan M. Dean

ATTEST:

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