The regularly scheduled meeting of the Millbury Planning Board was held on Monday, July 23, 2007, at 7:15 p.m., in the Municipal Office Building, 127 Elm Street, Millbury, Massachusetts. Chair Anna Lewandowski presided.
Present: Anna Lewandowski, Richard Gosselin, Scott Mueller, Brian Stowell
Absent: Rusty Valery
7:15 p.m. 124 Grafton Street Pre-Application Discussion (Optional Residential Compound for one house lot)
Land Planning, representing Jeff Dryden, addressed the Board, and gave an overview of the proposed project/
Applicant would like to create an additional lot to accommodate a single family home, off of a private roadway, which would be constructed. This project would be required to undergo the Definitive Plan process. Waivers will be requested. Planning Board comments were solicited.
Sewer line location was questioned. 90% upland requirement was discussed. The Board was in agreement that the waiver requests, including roadway width, would be considered.
Braney Road Sidewalk Plan Discussion
The Board reviewed the proposed plan for a sidewalk from Grafton Street, to Cronin Brook Way, along the right hand side of Braney Road. Bob McKie, the developer of Cronin Brook Heights, was present. The right to the Braney Road access is pending in litigation.
Trees, walls and private property will not be disturbed. Ms. Lewandowski advised that on the original plan the sidewalk is shown on the opposite side of the road.
Ms. Lewandowski advised those in attendance that this is not a public hearing, although she would welcome comments from the public.
Lisa Allain asked why 5 foot sidewalks were not proposed, to meet ADA requirements, should Mass Highway standards be used? Would curbing be installed? Sidewalk location makes sense, and would avoid manholes and hydrants.
Don Harrington, 26 Braney Road. Does the town have a right of way on his side of the street? In 1972 the Town took property to straighten the road. His mailbox is only 2 feet from his mailbox. No streetlights there. Asphalt curb would be damaged by plows. Elevation of lawns to Braney Road are all different. Would property there be re-graded?
Beverly Handfield 10 Braney Road. How far from the road would the sidewalk be? (Right against the roadway pavement, with 6 inch bituminous curb). Her mailbox would also be moved, how would this affect mail delivery?
Linda Swenson, 40 Braney Road. Town took property on the left side of Braney Road for the purpose of future sidewalks. Owners there should have had a deed reference for this and should have been aware of the potential for a sidewalk. Why would homeowners build walls, etc. in the Town right of way.
Neil Riley 16 Braney Road. Questioned quality of curbing and sidewalks. Lives on the S curve, where winter plowing does extensive damage. Abutting neighborhoods are granite curbing. Asked that grass strip from road to sidewalk be omitted so that less property would be affected.
Vickey Garnes, 18 Braney Road. Would welcome sidewalk, especially if the second subdivision goes in.
Stephen Wilshire, 3 Braney Road. Has 3 large (100 year old )oak trees on his property. Concerned with speed of traffic, requested curbing for safety. Would there be any effect on drainage?
Brian Stowell read letter from Brad Lange, DPW Director, plans meet requirements. He also read letter from Conservation Commission which indicated that a filing would be required. Also, a vernal pool is present and endangered species might be present. Curbing should not inhibit migration of these species. He also read letter from Paul Piktelis, which indicated that Jarvis Survey was hired to survey the property, and there is no right of way available for a sidewalk there. He cautioned that any trespass would result in legal action, Also expressed concern about mailbox locations.
Mr. Stowell also read comments from Town Planner Connors, which agreed that the sidewalk location as proposed is appropriate. It itemized installation, conservation and safety recommendations.
Mr. Gosselin would like drainage and ADA requirements be reviewed. Town counsel opinion regarding ADA sidewalk width requirement should be requested.
Ms. Lewandowski would like clarification as to the deeded land on the opposite side of the road for the purpose of sidewalk installation. Mr. McKie stated that the sidewalk could be installed on either side of the roadway, as long as a right of way exists.
Ms. Connors also added that if the sidewalk is located on the opposite side of the road, there are significant grading concerns, he would not be able to obtain easements from property owners. Relocation of the sidewalk is not feasible.
Ms. Lewandowski read regulation references for curbing and sidewalk installation in the Commonwealth.
Mr. McKie will call National Heritage regarding the vernal pool and will verify if any deeds specifically state that there is a right of way for sidewalk installation.
Mrs. Lewandowski advised the applicant that this will be further discussed at the September 10, 2007 meeting, at 7:30 p.m.
Comment regarding relocation of mailboxes will be requested from the post office.
Mazza Multifamily Special Permit Public Hearing, cont.
Scott Medeiros, Andrews Engineering addressed the Board. The major revision is the elimination of the detention basin and the incorporation of underground drainage. One unit has been eliminated, this is a five unit condominium project. The barn will now remain, will be partitioned for the use of resident use. Five additional feet maneuvering area for emergency vehicles has been added. Trash receptical area has been established.
Chair Lewandowski opened the meeting to the public.
Richard Valentino, Chair of Board of Appeals, not acting as a member of the Board of Appeals, and will step down if this applicant must appear before that Board. He complimented the revisions that were made and suggested that the project be conditioned to include that the barn will be used for storage only.
Mr. Gosselin would like iron pins placed at property corners. He would also like SDF files on the 83 and 88 datums.
Mr. Stowell read letter from Brad Lange, DPW Director, no further comments. Aquarion water forwarded its comments also.
Motion by Brian Stowell, seconded by Richard Gosselin, to close the public hearing. Motion carried unanimously
Motion by Brian Stowell, seconded by Richard Gosselin to approve the Site Plan for North Main Street, in Millbury, Massachusetts, dated May 4, 2007, last revised on July 12, 2007, prepared by Andrews Survey, & Engineering, for Jannifer Mazza, and to grant the multifamily and site plan special permits, with conditions A – T., motion carried unanimously.
Chair Lewandowski declared a five minute recess.
Gauthier Public Hearing, cont.
Quinn Engineering, addressed the Board and identified revisions to the plan.
Brian Stowell read letter from Aquarion Water Co. and Brad Lange, DPW Director, which addressed improvements to existing water lines. Mr. Lange also forwarded a letter which advised that the drains on River Street were found to be adequate, with the exception of one drain pipe which should be replaced. Mr. Stowell also read letter identifying guest parking concerns on River Street, from Fire Chief Rudge. Applicant indicated that additional parking spaces have been added to the plan.
Ms. Lewandowski suggested a storage area for the residents. Applicant advised that there will be a utility room off of each garage. Parking remained an issue with her.
Ms. Connors advised that a review letter from Graves Engineering was received late today. Mr. Walsh indicated that he would not get the hydrology numbers to work. There was a typographical error in the report and a revised report will be forwarded.
The retention pond has been removed and an underground system will be implemented. Corner pins will be installed and indicated on the plan.
Motion to continue the public hearing to August 13, 2007 at 7:00 p.m., by Brian Stowell, seconded by Richard Gosselin, motion carried unanimously.
Bourdeaux Signing of Grafton Street Mylar Plan
This plan was previously approved by the Planning Board, however it was not recorded with the Registry of Deeds within the 6 month required time frame. Motion by Brian Stowell, seconded by Richard Gosselin, to again endorse the Definitive Plan prepared for Ronald C. & Martha Bourdeau, property located at 118 Grafton Street, last revised on August 18, 2007, which plan has had no modifications, revisions or alterations, motion carried unanimously.
Mangano Estates, Public Hearing, cont.
The traffic consultant for Mangano Estates reviewed the previously submitted traffic related documents with the Board. 40 – 50 trips during peak hours was expected. Impact to Braney Road and Grafton Road and safety measures, such as warning and speed signs, and traffic calming measures were discussed. The construction traffic report was also reviewed, which outlined the three phases of construction, and included about 100 trucks per year for seven years, for cut and fill purposes.
Chair Lewandowski would like a hydrogeologist report of the area. Filing with the Conservation Commission will be required.
Mr . Gosselin asked what roadway speed should be posted, to ensure safety of pedestrians. No definitive answer was given. Pre-cast concrete or granite would be reasonable at the curved areas.
Chair Lewandowski opened the meeting to the public.
Vickey Garnes, 18 Braney Road, expressed her continued concerns with traffic and safety. There was no further public input.
Motion by Brian Stowell, seconded by Richard Gosselin, to continue the public hearing to September 10, 2007 at 8:00 p.m., motion carried unanimously.
Fink Road Modification
Fink Road has been determined to be an inadequate roadway. Improvement is to be completed at the applicant’s own risk. The Planning Board has given informal advise, and revisions were made by the Conservation Commission. A revised plan has been submitted.
Mr. Stowell read letter dated July 11, 2007 from John Herd, to the Conservation Commission, who is a resident at 1 Fink Road. He commented on the stream, which frequently overflows, requested street width of 20 feet, fire hydrant locations, pavement location, discharge from basins into the stream, and resulting erosion.
Ms. Lewandowski referred to the Conservation Commission decision, which included 25 conditions.
Mr. Gosselin advised the Board that Mr. Herd called him as a potential engineer to be hired to review the proposed roadway layout. He has had a conversation with him. If Mr. Herd contracts him to complete this work, he will step down from the Board whenever this project comes before it. He identified some concerns he had when he read Mr. Herd’s deed, with particular emphasis on the location of the right of way.
Millbury Savings Bank As-Built Plan
Mr. Stowell read letter regarding School Street parcel correspondence from Attorney O’Connell, which indicated that a utility easement cannot be conveyed from the Bank unto itself. If at some time in the future the Bank decides to transfer the property to another entity, an easement could then be granted.
The As-Built Plan modification was approved on June 25, 2007, with the condition that this easement be included on the plan.
Motion by Brian Stowell, seconded by Scott Mueller, to reconsider the original motion to approve the modified plan, with the condition to include the utility easement. Mr. Gosselin asked that a note be included on the plan that at such time as the parcel may be conveyed an easement will be created.
Motion to approve the as-built plan, with the condition that an easement deeding the generator pad to Millbury Savings Bank be added to the plan, by Brian Stowell, seconded by Richard Gosselin, vote: 0-4-0, motion defeated.
Housing Plan Comment
Minor modifications were discussed. Motion by Brian Stowell to unanimously endorse the plan, seconded by Scott Mueller, motion carried unanimously.
Braimanville – Request for Technical Experience
Ms. Connors presented a draft proposal. The Board agreed to support the proposal.
Processing of Earth Material – new bylaw proposal
Ms. Connors asked for clarification as to what the Board would like to accomplish.
Adjournment
Motion to adjourn by Brian Stowell, seconded by Richard Gosselin, motion carried unanimously. Meeting adjourned at 10:30 p.m.
Respectfully submitted,
Susan M.Dean
Attest:
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