The regularly scheduled meeting of the Millbury Planning Board was held on Monday, August 13, 2007, at 7:00 p.m., in the Municipal Office Building, 127 Elm Street, Millbury, MA. Chair Anna Lewandowski presided.
Present: Anna Lewandowski, Rusty Valery, Brian Stowell, Scott Mueller, Richard Gosselin
7:00 pm. 20 River Street, Gauthier Public Hearing
Karl Hultgren, Quinn Engineering, addressed the Board. He advised that sewer test pits were completed, there are now three parking spaces per unit, and the hydrology calculations are being revised.
Mr. Valery read his attestation verifying that he viewed all evidence presented at the July 23, 2007 meeting, which he did not attend.
Motion by Brian Stowell, seconded by Richard Gosselin, to close the public hearing. Motion carried unanimously.
Motion by Brian Stowell, seconded by Rusty Valery, to grant the Multifamily/Site Plan Review Special Permit, property located at 20 River Street, Millbury, MA, Applicant: Greg Gauthier, with conditions A - R. Motion carried on a 4-1-0 vote. Anna Lewandowski was opposed. She stated that she had concerns with the number of available parking spaces, that the number proposed was insufficient, and would have like to see the units limited to two bedrooms each.
Gale/Greciunas Definitive Plan Public Hearing, cont.
Scott Mueller read his statement attesting that he has viewed all evidence relative to the June 25, 2007 meeting, which he was not present at.
Motion by Richard Gosselin, seconded by Brian Stowell, to close the public hearing. Motion carried unanimously.
Motion by Richard Gosselin, seconded by Brian Stowell, to approve the Definitive Subdivision Plan for property located at 53 Park Hill Avenue, prepared for George J. Greiciunas, as last revised on August 2, 2007, motion carried unanimously.
Motion by Richard Gosselin, seconded by Brian Stowell, to reconsider the vote previously taken, motion carried unanimously.
Motion by Brian Stowell, seconded by Richard Gosselin, to grant a frontage waiver (property has 41.44 feet of frontage),motion carried unanimously.
Motion b Brian Stowell, seconded by Richard Gosslein, to grant a waiver from Section 4.1 (5) requirement to show wetlands shown on lot 1, motion carried unanimously.
Motion by Brian Stowell, seconded by Rusty Valery, to grant a waiver from the requirements of a definitive plan submission under Section 5.3, requiring the submitted plans to only meet the application requirements for ANR plans, motion carried unanimously.
Motion by Richard Gosselin, seconded by Brian Stowell, to grant approval of the Definitive Subdivision Plan Plan for property located at 53 Park Hill Avenue, prepared for George J. Greiciunas, as last revised on August 2, 2007, motion carried unanimously.
Other Business
131 Providence Street: Ms. Connors advised that she conducted a site visit, after reports that trucks were parked there. Only three trucks were on site.
Boucher Definitive Plan Endorsement – North Main Street
Motion by Brian Stowell, seconded by Richard Gosselin, to accept the Definitive Subdivision Plan prepared for James P. & Rita M. Boucher, property located at 55 Martin Street, as last revised June 11, 2007, motion carried unanimously.
7:30 pm. 130 Westborough Street, Public Hearing, Cont.
Attorney Donald Keavany was present to represent Treeline Construction Company. He first submitted a petition signed by residents of Millbury and Grafton that was in support of this project.
Town Planner comments were reviewed with the Board. Proposed noise and dust measures, including the use of the Grafton water line to mitigate dust, and a 10 foot wide berm to be constructed for noise control. He stated that this is not a crushing plant, it is a mobile unit.
A six foot chain link fence will be added to the plan. No water, sewer or other services will come from the Town of Millbury.
Mr. Stowell stated that although he has heard that fliers in opposition have been distributed, no Planning Board member has seen them.
Mr. Singleton advised that he has visited an active rock processing operation in Littleton, which used similar machinery, and he measured the noise levels there. He advised that 50 – 52 dba were measured, which meets the DEP threshold. He said he was denied access to the Pointe Rok community and was therefore unable to gather any data there.
At this point the Planning Board took a five minute recess as the Fire Chief advised that the room capacity was exceeded. The Board will set up a television for viewing in another area of the building.
Ken Salsman from Treeline Construction stated that the maximum amount of rock would equal 10 – 15 percent of material to be processed, the majority is recycled concrete and masonry. Any boulders or ledge would be sold to a real rock processing plant.
Chair Lewandowski opened the meeting to the public.
The following concerns were raised:
· Questioned the decibel level, that would be in addition to the 40 – 45 dba background noise, and the fact that there was no equipment operating on site
· A cease and desist order has been issued two years ago by the Board of Health, and have not been complied with
· This applicant is actually leasing the property, it is not the property owner, which is a corporation named Kibbe, and Treeline Construction has changed its name four or five times already, which makes it suspicious
· Are the two bridges on Grafton roads safe? Have they been inspected?
· Has material been buried there
· Two buildings have been built there without permits
· No septic or sewerage is on site
· Pointe Rok is lower than this site, the pond there fills up and there is concern with flooding
· Millbury has a moral duty to consider the residents in Grafton and Worcester
· Do the employees have to wear ear protection because of the noise levels
· Concern with alkalinity of water and run off effect
· Water supply was denied by the City of Worcester
· Will this now lower property values
· Truck traffic along West Street in the late evening
· The small area of roadway in Millbury is in the worst condition
· Other towns would have closed this business by now
· There has been no decision issued from DEP yet
· 500 to 600 tons of truck material a day may be processed?
· Conflicting statements regarding rock crushing process
· Daytime operating hours
· No. 1 source of silica dust is from concrete and masonry, hazardous
· Approximately 35 residential homes in this area, this is a residential neighborhood
· Use not allowed by right, why grant a special permit for it
· Can the equipment be moved from site to site instead
· Can this business be moved to an industrial park instead
· 70 children under the age of 15 live in the neighboring Flint Pond Village, concern for their safety
· Can fencing be installed to block dust
· Over 60 houses are not on the aerial photo, more condo units are scheduled to be built on Creeper Hill Road
Two in attendance spoke in support of the project:
· Base the decision on facts, visit a similar plant
· This could be done as an environmentally safe project if done correctly, if the noise and dust is unacceptable, scientific evidence could then be presented
Motion to continue the public hearing to September 24, 2007 at 7:30 p.m. by Brian Stowell, seconded by Rusty Valery, motion carried unanimously.
Mr. Gosselin suggested that the plant be enclosed within an insulated steel building to control dust and noise conditions.
9:10 p.m. Maggie Donovan, Alstead Path, Roadway Improvement
The applicant was not present, no action was taken.
9:10 p.m. Paxson, 23 Maple Street, Multifamily Special Permit
Clerk Rust Valery read the public hearing notice. Paula Paxson was present to address the Board.
The applicant would like to create an apartment for her mother. Variances for frontage and setbacks have been received. It is approximately 10 feet from the abutter’s garage.
Mr. Gosselin advised that no monuments are shown on the plan.
Chair Lewandowski opened the meeting to the public.
Cynthia Burr advised that although this property is on the list of Millbury historical properties the town has no historical restrictions. She is an abutter and has no objection.
Mark Maguire asked if this was the same plan approved by the Board of Appeals already, and why is it here before this Board too?
Motion to close the public hearing by Rusty Valery, seconded by Richard Gosselin, motion carried unanimously.
Waivers:
Motion by Rusty Valery, seconded by Brian Stowell, to approve a waiver from Section 12.44 ( c ) Isometric Line Drawing, motion carried unanimously.
Motion by Rusty Valery, seconded by Richard Gosselin, to approve a waiver from Section 12.44 ( f ) Development Impact Statement, motion carried unanimously.
Motion by Brian Stowell, seconded by Richard Gosselin, to approve the Multifamily Special Permit for Paula and Julia Paxson , property located at 23 Maple Street, Millbury, MA, with the approved waivers as granted and conditions a - k, motion carried unanimously.
9:30 p.m. LRC – Discussion of Autumn Gate Estates Retaining Wall
David Calarese, LRC, provided an update. The detention pond will be completed by Monday or Tuesday. Regarding the walls, abutter O’Brien on the right side has reached an agreement with LRC, a modification for the O’Malley property on the left side has been agreed to, which would include the installation of steps. Work on the wall will begin next week.
9:35 p.m. Cronin Brook Heights Lot Release (15)
A letter from Mr. McKie was received, which indicated that the work required to release lot 15 has not been completed. Mr. McKie also requested that consideration of this lot release be placed on the September 10, 2007 agenda.
Ms. Lewandowski brought numerous concerns to the attention of the Board, including the following:
· No electrical lines have been installed for the street lights
· 150 – 200 yards of trench left open since last Thursday
· Water, concrete, mud runoff
· Problems on Darling property still exist
· Some curb problems still not addressed
· Lot 6 driveway is below road grade, potential for problem there
· Bike path was paved and not inspected by Graves Engineering
Adjournment
Motion to adjourn by Brian Stowell, seconded by Rusty Valery, motion carried unanimously. Meeting adjourned at 9:50 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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