The regularly scheduled meeting of the Millbury Planning Board was held on Monday, February 11, 2008, at 7:00 p.m., in the Municipal Office Building, 127 Elm Street, Millbury, MA Chair Anna Lewandowski presided.
Present: Brian Stowell, Anna Lewandowski, Scott Mueller, Rusty Valery, Richard Gosselin, Associate Member Peter Caruso, Jr.
7:00 p.m. 55 Sycamore Street, Public Hearing, cont.
Chris King, Heritage Design Group, addressed the Planning Board.
Mr. Gosselin requested that the coordinate system be added to the plan prior to recording with the Registry of Deeds, and also added to the as-built plan, add a restriction for provisions for snow removal, and addition of a speed bump at the high point of the upper access road.
Mrs. Lewandowski would like all excess materials not used on site to be hauled off site, processing would only be allowed for the materials to be used.
There was no public input.
Motion to close the public hearing by Brian Stowell, seconded by Richard Gosselin, motion carried unanimously. The Planning Board will discuss the decision at 7:15 p.m., on February 25, 2008.
7:30 p.m. Brierly Pond II Public Hearing for Construction Deadline Extension
Clerk Valery read the public hearing notice.
John Burns was present and advised that the work within the subdivision would be completed within 3 – 5 years.
Mr. Stowell asked that maintenance erosion measures be checked and kept in place. Mr. Gosselin would like the existing trees to be stabilized.
Chair Lewandowski opened the meeting to the public.
Irene Martin, 43 Horne Way began to explain that she had water in the cellar and moisture in her ceilings. Chair Lewandowski asked her to address the Brierly Pond II subdivision and the request for extension only.
Frank Aidala, 28 Horne Way was concerned that the extension of time would allow more time for heavy truck and equipment over the existing roadways, which have to be maintained by the Homeowner’s Association now. Mr. Burns responded that compensation has already been included in the purchase and sales agreement that the current owners received at closing. Graves Engineering will continue to review the roadways for any further damage.
Motion to close the public hearing by Richard Gosselin, seconded by Brian Stowell, motion carried unanimously.
Motion by Brian Stowell, seconded by Rusty Valery to approve an extension of time for completion for a period of three years, to December 20, 2010, of the open space community special permit under Section 14.11(f) and the multifamily special permit under Section 14.11(a) of the Millbury Zoning Bylaws.
Minutes
Motion by Brian Stowell, seconded by Scott Mueller, to approve the minutes of January 14, 2008, motion carried unanimously.
Other Business
1. Oakes Circle: Construction deadline of February, 2008
Motion by Brian Stowell, seconded by Richard Gosselin, to pull the surety bond in the amount of $100,902.00, motion carried unanimously.
Motion by Brian Stowell, seconded by Richard Gosselin, to prepare a Request for Proposal (“RFP”), using Graves Engineering letter dated January 27, 2006, which identifies the cost estimate to complete the project. Motion carried unanimously.
2. Anonymous letter policy
Motion by Brian Stowell, seconded by Richard Gosselin, to require names and addresses on all correspondence. Interested parties can also make their views clear to the board through informal comments, written or oral, delivered at a meeting, which cannot be detrimental or slanderous. Motion carried unanimously.
8:00 p.m. Mangano Estates, Public Hearing, cont.
Bill Hannigan, Hannigan Engineering addressed the Board, identifying the latest revisions to the plan. Mr. Gosselin requested a letter from the surveyor regarding all his research. He also wants a contingency plan should there be a breach in the gabian wall.
Mrs. Lewandowski inquired as to the amount of earth to be disturbed and how it will be processed. Mr. Hannigan indicated that a report has been filed with the Board. She would like test borings done every 25 feet or so along the roadway to see if ledge is present. She referred to letter dated August 4, 2004 directed towards her, from Platinum Building and letter dated August 14, 2006 questioning her site visits. She then read her disclosure statement dated August 11, 2006.
Mr. Valery read letter from Fire Chief regarding hydrant and swale locations, street lighting and markings and width of cul de sacs.
Mr. Gosselin would like a buffer to protect the vernal pool areas, to be located on the Mangano property. Mr. Hannigan responded that the gabion wall that Mr. Gosselin has concerns with is out of his control, it is in the Cronin Brook Subdivision.
Mr. Hannigan addressed the January 8, 2008 comments from Town Planner.
Mrs. Lewandowski would like the developer to add a park to the plan, Mr. Hannigan indicated that a walking trail network has been provided. Parking was an issue. She would like all streetlights to be working prior to the issuance of any occupancy permits. She would also like a licensed contractor on site at all times.
Mr. Mueller recommended condition “P” be removed, and the chain link fence around the detention ponds remain and maintained.
Mr. Hannigan would like the condition to mill and pave Braney Road be clarified.
Motion by Richard Gosselin, seconded by Brian Stowell to postpone the remaining discussion to be continued after the executive session scheduled for this evening. Motion failed on a 2-3-0 vote.
Motion by Brian Stowell, seconded by Richard Gosselin to continue the public hearing to 8:00 p.m. on March 24, 2008, motion carried unanimously.
Motion by Brian Stowell, seconded by Richard Gosselin, to grant an extension of time for decision to March 31, 2008, motion carried unanimously.
Chair Lewandowski declared a two minute recess.
9:25 p.m. 1535 Grafton Road – FIBA Public Hearing, cont.
Paul Hutnak, Heritage Design Group addressed the Board and discussed revisions to the plan, which included a condition which would not allow permanent machinery to be kept over the drainage easement, the dumpster would be kept inside the building, and the door will be kept closed while the dumpster is being loaded.
Mr. Stowell and Mr. Valery read statements certifying that they have examined all evidence received at the January 28, 2008 session of the public hearing.
The following conditions will be added to the decision:
· No building permit shall be issued until the Planning Board has approved the structure plans for the proposed addition. The applicant shall submit the structure plans for Planning Board review and approval.
· Prior to the issuance of an occupancy permit, the applicant shall submit to the Planning Board a video recording of the drain line located under the proposed building. The video recording shall be taken after completion of the proposed addition.
There was no public comment.
Motion to close the public hearing by Brian Stowell, seconded by Rusty Valery, motion carried unanimously.
Waivers:
Motion by Brian Stowell, seconded by Rusty Valery to grant a waiver from Section 12.44(f) Development Impact Statement, Traffic Assessment, Fiscal Impact Statement and Historic Impact Statement, motion carried unanimously.
Motion by Brian Stowell, seconded by Rusty Valery to grant the special permit under Article 1, Section 14.11(l) of the Zoning Bylaw, subject to conditions a – q , motion carried unanimously.
9:40 p.m. 130 Westborough Street, Public Hearing, cont.
Robert Duff, Lenard Engineering advised the Board that the plan set has been corrected to reflect comments from Graves Engineering.
Chair Lewandowski opened the meeting to the public.
Paul McCaffrey, 123 Westborough Street began his comments and was told by the Chair that she would like him to limit his statement to the proposed site plan review.
There were no further comments.
Motion by Brian Stowell, seconded by Richard Gosselin to close the public hearing. Motion carried unanimously,.
The Board agreed to continue the discussion on a decision to February 25, 2008 at 7:00 p.m.
Other Business:
1. Annual Budget: Mrs. Lewandowski recommended a reduction in the $2,000 line item for Other Expenses. Discussion ensued.
Motion by Brian Stowell, seconded by Rusty Valery to approve the budget as submitted, motion carried on a 4-1-0 vote. Anna Lewandowski was opposed.
2. Planning Board Annual Report: Mrs. Lewandowski asked that the number of approved lots for McCracken Meadow be included.
Motion by Brian Stowell, seconded by Richard Gosselin to approve the Annual Report, with one revision, motion carried unanimously,
3. Bella Rosa Correspondence: The Board is in receipt of a letter from the Trustees of the Bella Rosa Trust. The Trust has been billed for legal services with reference to its petition to have Bella Rosa Dr. accepted as a public way at the annual town meeting. The Trust disputes payment. The Board agreed that payment was the responsibility of the Trust.
4. Cronin Brook Heights: This subdivision has a new construction supervisor whose name has not yet been submitted to the Board. The Board has questions about the installation and illumination of street lights and the remaining earth removal work. The Board will ask the developer to appear at its meeting on March 24, 2008.
5. March 10, 2008 Planning Board Meeting: Due to a lack of a quorum for that date, the Board agreed to cancel its meeting.
Executive Session:
Motion by Brian Stowell, seconded by Richard Gosselin to enter into executive session, pursuant to MGL 39, Section 23B, to discuss strategy regarding pending litigation, and to return to open meeting for the purpose of adjournment. Upon roll call vote, motion carried unanimously.
Adjournment:
Motion to adjourn by Brian Stowell, seconded by Richard Gosselin, motion carried unanimously. Meeting adjourned at 10:50 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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