The regularly scheduled meeting of the Millbury Planning Board was held on Monday, January 28, 2008, at 7:00 pm., in the Municipal Office Building, 127 Elm Street, Millbury, MA. Chair Anna Lewandowski presided.
Present: Anna Lewandowski, Richard Gosselin, Scott Mueller, Associate Member Peter Caruso, Jr.
Absent: Brian Stowell, Rusty Valery
7:10 p.m. ANR – 82 Wheelock Avenue
The original plan was revised to include frontage along MacArthur Drive.
Motion by Richard Gosselin, seconded by Scott Mueller, to grant a waiver from the requirement to show site distances from the proposed access point for each proposed lot, motion carried unanimously.
Motion by Richard Gosselin to approve the ANR as shown on plan dated January 15, 2008, prepared by HS&T Group, Inc., 75 Hammond Street, Worcester, MA, for Michael & John Curran and Elizabeth McCarthy, motion carried unanimously,
7:15 p.m. Town Manager, Bob Spain
Mr. Spain has been recently appointed as Town Manager and was present to introduce himself to the Planning Board.
7:25 p.m. 23-25 Sycamore Street Minor Modification
James Vitello advised that Burnell Financial, is the present owner of this property, which it obtained through foreclosure auction, as Sycamore Street Realty Trust borrowed money from Burnell Financial. The plan will be completed as approved with the exception of one waiver which is being requested.
Burnell Financial has been working with Verizon New England to schedule the installation of two utility poles, however, the as-built plan revealed that the pavement that was installed by Sycamore Realty Trust was done incorrectly. The six parking spots on the right are 18 feet further from the three townhouses than what was approved. One of the utility poles would actually have to be installed in the paved area. There is also a large oak tree that the developer would like to save.
Burnell is requesting two things: (1) a site plan modification to allow the current location of the pavement, and (2) obtain a certificate of occupancy on one of the three townhouses before all site improvements are completed. Burnell Financial would pledge to finish all site improvements before requesting a certificate of occupancy for either of the two remaining townhouse units. Discussion followed.
Motion by Scott Mueller, seconded by Richard Gosselin to approve the as-built location of the paved parking areas for 25 Sycamore Street. Motion carried unanimously.
Motion by Richard Gosselin, seconded by Scott Mueller to recommend the granting of the certificate of occupancy for a unit, provided that underground utilities shall be installed prior to release of the remaining two units, and allowing a temporary structure to provide power to the unit, until underground power is installed. Motion carried unanimously.
7:55 p.m. FIBA Public Hearing
Scott Mueller read the public hearing notice.
Paul utH
Hutnak, Heritage Design gave an overview of the project. FIBA is planning a 6,000 sf addition to its present building. To reduce noise and traffic, and to make the process more efficient, all access to the facility will be through the rear of the building. The addition is proposed to be placed over an existing drain line.
Scott Mueller read letter dated January 10, 2008 from Fire Chief Belsito, requesting a sprinkler system extension to the addition and full compliance with current codes.
Chair Lewandowski opened the meeting to the public.
Carl Anderson, 11 Kenwar Drive expressed concerns with noise from the use of the dumpster.
Mr. & Mrs. John McNamara, 2 Kenwar Drive were also concerned with noise and the impact to FIBA employees, and asked for mitigation measures.
Mr. Gosselin is not in favor of constructing the addition over the drain line and offered alternatives.
Motion by Richard Gosselin, seconded by Scott Mueller, to continue the public hearing to February 11, 2008, at 8:45 pm, motion carried unanimously.
Chair Lewandowski declared a two minute recess.
Other Business:
Town Planner Connors advised that the Planning Board received an anonymous letter regarding 130 Westborough Street and asked the Board to set a policy for admission into the public record. Because a full Board was not present, it was agreed that a policy will be set at the next meeting.
8:15 p.m. 130 Westborough Street Public Hearing
Scott Mueller read the public hearing notice.
Attorney Don Keavany addressed the Board on behalf of the applicant. Applicant has obtained a variance from setbacks, the processing has been removed from the site plan, and the applicant has filed with the Board to bring the project into compliance with the Town’s bylaws. He submitted his January 25, 2008 waiver request and the applicant’s response to the sewer department’s letter.
Comments from Town Planner were discussed.
Robert Duff, Lenard Engineering, addressed Graves Engineering comments.
Mr. Gosselin advised the applicant that the town line between Millbury and Grafton must be accurate, not assumed. Two retention areas behind building number 3 have no outlet, and addressed existing contour lines.
Mr. Mueller read memo dated January 14, 2008 from the sewer department which indicates that there will be no access available to the Millbury sewer system. He also read letter dated January 25, 2008 from Lenard Engineering regarding on-site septic system approval.
Chair Lewandowski opened the meeting to the public.
Steve Cope, 77 Pointe Rok questioned the accuracy of the artists renditions of the buildings, asked if Treeline Construction also owned property in Grafton and added that Grafton denied access to its water line, identified alleged liens existing against the developer, stated that there are extensive stock piles of materials which include yellow and red brick, runoff and sediment directed to Pointe Rok, and asked why the town would continue to allow the applicant to use an illegally built building.
Applicant stated that DEP has been on site and no problems were found.
RV Bryant, 119 Westborough Street advised that Worcester won’t agree to sewer hook-up, and truck debris is taken off the property.
Richard Hallen, Lincoln Precision represented the abutter on the Grafton side, and will report on visibility to the property, he was concerned with run-off. The Board will determine whether additional screening is necessary,.
Ms. Lewandowski asked how high the stockpiles were (26 feet).
Motion by Scott Mueller, seconded by Richard Gosselin, to continue the public hearing to February 11, 2008 at 9:15 p.m., motion carried unanimously.
9:30 p.m. 55 Sycamore Street, Public Hearing, cont.
Chris King, Heritage Design discussed revisions to the plan and addressed comments from the Town Planner.
Mr. Mueller read into the record the following:
· Letter dated December 17, 2007 from the DPW Director regarding the road crown
· Letter from the Fire Chief regarding compliance with sprinkler system and fire codes, submittal of blueprints and key access, location of hydrants and steep slopes limiting access.
· Memo dated January 24, 2008 from the Conservation Commission regarding hydrology, soils, pit locations and water elevations.
Mr. Gosselin identified issues he had with several plan sheets, including street layout, roadway width, deed unbuildable area to the town, set drill holes for corner monuments, show two NAD 83 datum coordinates on plan sheet 3, snow storage suggestions, addition of plantings to prevent parked vehicles on slope, runoff to retention area (rip rap left off of plan), present alternatives to the concrete wall and add natural staircase for access to woods in rear.
Mr. Mueller recommended that trash and recycling materials be visually screened, perhaps in the garages, that applicant meet with the fire chief to discuss identified issues, address location of retaining walls relative to wetlands and distance available for fire apparatus.
Mrs. Lewandowski has a problem with the number of units, wants the streetlights to be operational prior to the issuance of any occupancy permits, and inquired about the phasing plan. She advised the applicant that there were two board members absent this evening, and that they would be required to view the videotape and all other evidence so that they would be eligible to vote.
There was no public comment.
Motion by Richard Gosselin, seconded by Scott Mueller to continue the public hearing to February 11, 2008 at 7:00 p.m., motion carried unanimously.
Other Business:
Shoppes At Blackstone Valley – Snow Storage/Removal
The Board was advised that there is a meeting scheduled with the Mass Highway Department to discuss options.
Approval of Stormwater Management Form and Checklist, Submission Fee and Technical Review Fee
Motion by Scott Mueller, seconded by Richard Gosselin, to approve a filing fee in the amount of $200, motion carried unanimously.
Motion by Richard Gosselin, seconded by Scott Mueller to approve the following technical review fee as follows:
· 0-2 acres - $1800.00
· over 2 acres - $3000.00
Motion carried unanimously.
Motion by Richard Gosselin, seconded by Scott Mueller to approve the application and checklist, as presented, motion carried unanimously.
Adjournment
Motion to adjourn by Richard Gosselin, seconded by Scott Mueller, motion carried unanimously. Meeting adjourned at 10:40 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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