The regularly scheduled meeting of the Millbury Planning Board was held on Monday, June 11, 2007 at 7:00 p.m., in the Municipal Office Building, 127 Elm Street, Millbury, MA. Chair Anna Lewandowski presided.
Present: Rusty Valery, Brian Stowell, Anna Lewandowski, Scott Mueller, Richard Gosselin
Chair Anna Lewandowski opened the meeting. Motion by Rusty Valery, seconded by Brian Stowell, to go into executive session to discuss pending litigation and to return to open meeting upon completion. Upon roll call vote, motion carried unanimously.
7:15 p.m. Curve Street Decision
Motion to grant a waiver from Section 12.44( c ) of the Millbury Zoning Bylaws, Isometric Line Drawing submittal, by Rusty Valery, seconded by Richard Gosselin, motion carried unanimously.
Motion to grant a waiver from Section 12.44 (f) of the Millbury Zoning Bylaws, Development Impact Statement submittal, by Rusty Valery, seconded by Brian Stowell, motion carried unanimously.
Motion to approve the Multifamily/Site Plan Review Special Permit, prepared for Exceed Realty, LLC, property located at 6 Curve Street, prepared by Knapik Consulting, Inc., under Section 12.4 , with conditions as itemized as a – n by Rusty Valery, seconded by Brian Stowell, motion carried unanimously.
Motion to approve the Multifamily/Site Plan Review Special Permit, prepared for Exceed Realty, LLC, property located at 6 Curve Street, prepared by Knapik Consulting, Inc., with conditions as itemized as a – n under Section 14.11, by Rusty Valery, seconded by Brian towel, motion carried unanimously.
Motion by Rusty Valery, seconded by Brian Stowell, to rescind motion to approve under Section 12.4, carried unanimously.
Motion by Rusty Valery, seconded by Brian Stowell to rescind motion to approve under Section 14.11, motion carried unanimously.
Member Rusty Valery read Exhibit “D” , certifying that all evidence of the May 14, 2007 meeting, for which he was absent, including a video recording, has been viewed..
Motion to approve the Multifamily/Site Plan Review Special Permit, prepared for Exceed Realty, LLC, property located at 6 Curve Street, prepared by Knapik Consulting, Inc.,
under Section 12.4 , with conditions as itemized as a – n by Rusty Valery, seconded by Brian Stowell, motion carried unanimously.
Motion to approve the Multifamily/Site Plan Review Special Permit, prepared for Exceed Realty, LLC, property located at 6 Curve Street, prepared by Knapik Consulting, Inc., with conditions as itemized as a – n under Section 14.11, by Rusty Valery, seconded by Brian towel, motion carried unanimously.
7:20 p.m. Watson Estates Performance Guarantee and Mylar Signing
Robert Murphy, representing Watson Estates was present. The revision date on page 1 of the Definitive Subdivision Plan is missing.
Motion by Brian Stowell, seconded by Rusty Valery to approve the covenant for the Definitive Subdivision of Land, entitled “Watson Estates”, dated December 8, 2006, last revised on February 13, 2007, prepared for MLN McCracken Road, LLC, by Land Planning, Inc., motion carried unanimously.
7:30 p.m. Auburn Road ANR Plan (Kosky)
Motion by Brian Stowell, seconded by Rusty Valery, to approve the ANR Plan for Sophie Kosky, property located at 36 Auburn Road, dated April 16, 2007, last revised on May 21, 2007, prepared by Bertin Engineering Associates, Inc. , motion carried unanimously.
7:40 p.m. Mangano Estates Public Hearing, cont.
Rusty Valery read the public hearing notice. The applicant was advised that there has been a change in the Board’s membership due to the recent town election. Applicant requested an extension of time to render a decision.
Motion by Brian Stowell, seconded by Rusty Valery, to approve the extension of time to render a decision to September 15, 2007, motion carried unanimously.
William Hannigan, Hannigan Engineering, agreed that the public hearing should be re-advertised a new public hearing opened, without a new submission or application being filed. He agreed to work with the town planner to compile a complete list of information and comment letters so that they could be re-entered into the record.
He continued by reviewing the original subdivision plan dated June 12, 2006, the cut and fill plan and the site grading plan.
Comments from July 6, 2006 to August 14, 2006 were discussed, which included information from the DPW, Conservation Commission, Board of Health, Sewer
Commission, Earth Tech, Graves Engineering, Town Planner comments, Fire Chief and Chief of Police.
The second revised plan dated November 27, 2007 was reviewed. Mr. Hannigan’s response letter dated November 27, 2006 was entered into the record.
The status of the cart path and resulting legal review by Peter Adams was submitted with the September 20, 2006 title letter from Attorney Meltzer. Mr. Hannigan advised that Town Counsel responded and this matter was resolved.
The meeting was opened up to the public.
Richard Marois, 33 Braney Road expressed his concerns with the traffic on Braney Road, requested sidewalks along Braney Road, asked where the proposed roadways were in reference to his driveway.
Mrs. Lewandowski asked about the phasing plan (3 phases), and questioned whether a hydrologist would be necessary. Drainage concerns due to the removal of trees, and the necessity of 100’ test borings was discussed.
Town Planner Connors advised that any oral testimony from the previously held public hearings would have to be made again, or submitted in writing.
Motion to continue the public hearing to July 9, 2007 at 9:00 p.m. by Brian Stowell, seconded by Rusty Valery, motion carried unanimously.
Mr. Hannigan advise that he would ask Abend Associates to be present at the July 23, 2007 meeting.
Chair Lewandowski declared a two minute recess.
8:30 p.m. Cronin Brook Lot Release and Tripartite Agreement
Mr. McKie has requested that lots 4, 5, 6 and 15 be released from the covenant and included in the Tripartite Agreement.
Mrs. Lewandowski read into the record, her itemized list of continued concerns with this project. Mr. McKie addressed several of the comments.
The Board agreed to continue this discussion at the end of the meeting.
9:20 p.m Worcester Telegram & Gazette Retaining Wall Modification
Rob Harrison, CM&B Construction reviewed the proposed revision to the Sierra type wall. A change in design is requested due to the instability of land and the proximity to wetlands.
Mr. Gosselin argued that this proposed wall is more prone to failure. Discussion ensued.
Motion by Rusty Valery, seconded by Scott Mueller, to accept the modification to the Notice of Decision, filed with the town clerk on April 10, 2007, motion carried on a 4-1-0 vote. Richard Gosselin was opposed.
9:35 p.m. Gauthier Multifamily Public Hearing
Clerk Valery read the public hearing notice.
Kevin Quinn, Quinn Engineering addressed the Board.
Clerk Valery read letters from Ronald DeSantis, Inspector of Buildings, and Brad Lange, Acting DPW Director, both of which indicated that they had no comments at this time.
Chair Lewandowski opened the meeting to the public.
RH Gustafson, 23 Grove Street, identified the following concerns:
· Parking concerns, where will guests park
· Negative cash flow to Town
· Is the dedicated playspace that is proposed large enough
· Will campers, boats, trailers, etc. be restricted
· No parking signs along River Street – some are now missing
· Drainage concerns
· Inadequate catch basins on River Street
· Who would be responsible to enforce any conditions that might be part of the approval
· Concerns with potential use of Senior Center parking lot
The Board expressed concern with the location of the proposed detention pond and number of parking spaces.
Applicant Greg Gauthier stated that the bylaw requires two parking spaces per unit, which has been provided. He can add 6 more .
Ms. Lewandowski suggested eliminating one of the units.
Motion by Brian Stowell, seconded by Rusty Valery to continue the public hearing to July 23, 2007 at 8:45 p.m., motion carried unanimously.
10:10 pm. Mazza, 92 N. Main Street Multifamily Special Permit Public Hearing, cont.
Rusty Valery stated that he was absent from the May 14, 2007 meeting. He read his certification that he viewed all evidence of the May 14, 2007 meeting, including a video recording.
Scott Medeiros, Andrews Engineering, submitted revised plans to the Board. Landscaping and a stone wall facing Main Street have been added.
Emergency access to the site was identified as a concern. Clerk Valery read review letter from Jeff Walsh, which included comments on turning radius and the proposed detention basin.
Clerk Valery also read letters from Ronald DeSantis (who had no comment at this time), and from Jeff Walsh and Brad Lange, which addressed concerns with the detention basin.
Chair Lewandowski opened the meeting to the public.
Richard Valentino, Chair of the Board of Appeals, stated that he was here as a citizen, not representing the Board of Appeals, and if this applicant should have to appear before them he would step down. He recommended only five units, relocation of the detention pond, was concerned with visitor parking, reminded the Board that there were no sidewalks, asked about trash pick up, had concerns with emergency access and snow storage areas.
Paul Gagne, Main Street, also asked about snow removal areas, stated that this was located at a dangerous intersection, the detention basin will be an eyesore, and asked the Board to consider the neighborhood, which is more single family and historical homes.
The Board identified the following issues which should be addressed:
· Location and design of detention basin
· Trash/dumpster location
· Address visitor parking
· Elimination of some units
· Grading of lot
Motion to continue the public hearing to July 23, 2007 at 8:00 p.m. by Brian Stowell, seconded by Rusty Valery, motion carried unanimously.
11:05 p.m. Griggs, Stone Road ANR
Clerk Rusty Valery read the request for waivers.
Motion to approve the waiver of Section 3.8, requirement to submit CD-ROM or DVD containing geographic data by Rusty Valery, seconded by Brian Stowell, motion carried unanimously. (Mr. Griggs has submitted a check in the amount of $150 to cover this cost).,
Motion to approve the waiver from Section 4.1 requirement to submit a plan including the NAD 83 datum by Rusty Valery, seconded by Brian Stowell,, motion carried unanimously.
Motion to approve the ANR plan of lot revision for William Griggs, property located at Stone Road, dated December 28, 2006, last revised on March 7, 2007, motion carried unanimously.
Other Business
Summer Schedule: The Board agreed to hold the two regularly scheduled meetings in the month of July, and one meeting in August, on Monday, August 13, 2007.
11:10 p.m. Cronin Brook Heights – Discussion, cont.
Motion to accept the new Tripartite Agreement dated June 8,2007, for the benefit of the Town of Millbury, by Brian Stowell, seconded by Rusty Valery, motion carried on a 4-1-0 vote, Anna Lewandowski was opposed.
Motion to release the previously submitted Tripartite Agreement, by Brian Stowell, seconded by Rusty Valery, motion carried on a 4-1-0 vote. Anna Lewandowski was opposed.
Motion by Brian Stowell, seconded by Rusty Valery, to release Lots 5 & 6 and to hold Lots 4 & 15 until such time as the list agreed upon was completed, motion carried on a 4-1-0 vote. Anna Lewandowski was opposed.
The following items shall be completed prior to the release of Lots 4 & 15 :
· Repair to 56 feet of curbing
· Installation of streetlights
· Address issues with Darling property
· Have Lot 29 bike path wall inspected by the Building Inspector
· Clean up Selazzo property and entranceway
· Clean drains
· Loam and seed roadway shoulders
· Install haybales at driveway locations and at the cul-de-sac
Adjournment
Motion to adjourn by Rusty Valery, seconded by Richard Gosselin, motion carried unanimously. Meeting adjourned at 11:15 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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