The regularly scheduled meeting of the Millbury Planning Board was held on Monday, September 22, 2008, at 7:00 p.m., in the Municipal Office Building, 127 Elm Street, Millbury, MA. Chairman Richard Gosselin presided.
Present: Rusty Valery, Brian Stowell, Richard Gosselin, Anna Lewandowski, Jeff Markarian, Associate Member Peter Caruso, Jr.
7:15 p.m. Bob Spain, Town Manager and John McGarry, DPW Director
Mr. Spain introduced the new DPW Director, John McGarry. He then addressed the Board with issues that are of importance to him. He strongly recommended that the Board require concrete sidewalks with granite curbing.
Mr. McGarry discussed the drainage issue at lots 4 & 5, Cronin Brook subdivision. Mrs. Lewandowski would like engineering plans drawn up before any approval by the Board.
7:30 p.m. 26 Sycamore Street Multi-Family Special Permit Public Hearing
Clerk Valery read the public hearing notice.
Kevin Parvin advised the Board that he is proposing two buildings with five units each. Mohammed Azzizi, his engineering representative, reviewed the proposal with the Board.
Board members identified the following concerns: additional parking for guests, slope in rear and related drainage concerns to abutters, easement documents, snow storage areas and play areas for children.
Clerk Valery read memorandum from the Conservation Commission.
Chairman Gosselin opened the meeting to the public.
Todd Sjolander, 27 Sycamore Street expressed concern with headlight glare.
Mrs. White, 18 Sycamore Street asked about the right-of-way for her existing driveway and would it remain (yes, same place, widened and paved), and flooding onto her property.
Alan White, 22 Sycamore Street was concerned with the driveway and asked if the snow removal and storage areas would block the driveway areas. He stated that the driveway entrance was not safe. Site distances will be addressed.
Roger White, 6 Leslie Lane, had concerns with water and advised that there is no drainage on Sycamore Street. If the calculations are not accurate abutters will get water runoff. He asked if the drainage areas could be relocated, was concerned with traffic on Sycamore Street due to additional cars, blasting, and asked if the driveway access will be maintained during construction. Mr. Azzizi advised that he does not expect there to be any blasting.
Dave Manning, 34 Sycamore Street, asked if these units would be rentals or sold? If there is no market for them, was concerned that they would remain vacant.
Eric Nielson stated his concern with the location of his property line. He asked if the Board could require fencing as a noise barrier and to keep his family safe. The dumpster location is too close to his property could it also be relocated? He has a large willow tree, he is concerned that construction activity will harm it and that the tree could fall onto his house, could it be taken down? Mr. Azzizi advised that if the tree is damaged it would be addressed at that time.
Marietta White, 22 Sycamore Street, told the Board that her car port is close to the units on the banking, if there is any blasting at all it would cause damage.
The Board will review Graves Engineering comments at its next meeting.
Mrs. Lewandowski asked for comments from the Historical Commission, and would like to know if the Conservation Commission will require a Notice of Intent. She would like to see additional parking, particularly because some of the units will have three bedrooms.
Motion by Brian Stowell, seconded by Rusty Valery, to continue the public hearing to Monday, October 20, 2008 at 9:00 p.m., motion carried unanimously.
Chairman Gosselin declared a three minute recess.
8:40 p.m. Stratford Village Modification Public Hearing
Clerk Valery read the public hearing notice. Mr. Valery read letter from developer’s attorney Peter Keenan, which stated that Mr. Stratford is seeking an extension and elimination of the over 55 requirement. The extension requested is for 24 months to begin the project and 5 additional years to complete it.
Mr. Gosselin took issue with the elimination of the over 55 provision because the original plan had smaller yard space, thought there might be trouble with school bus access, would like a bus shelter, play area for the children and commented on the lack of time the Board has to respond to this request. Mrs. Lewandowski concurred.
Motion by Brian Stowell, seconded by Jeff Markarian, to close the public hearing, motion carried unanimously.
Motion by Anna Lewandowski, seconded by Rusty Valery to to GRANT an extension of the period of time to begin substantial use or construction in accordance with Section 14.5 of the Town of Millbury Zoning Bylaws. Substantial use or construction shall begin within twenty-four (24) months of approval of this modification (excluding such time required to pursue or await the determination of an appeal referred to in Section 17, Chapter 40A, General Laws, from the grant thereof). All improvements shown on the Applicant’s approved plan, including all items specified as conditions of approval, shall be fully constructed within five (5) years from the initiation of construction activities. Motion carried unanimously.
Motion by Anna Lewandowski, seconded by Brian Stowell, to approve the elimination of the over 55 requirement, motion failed on a 2-3-0 vote. Richard Gosselin, Anna Lewandowski and Jeff Markarian were opposed.
8:50 p.m. Eastview Acres Endorsement and Covenant
Motion by Brian Stowell, seconded by Jeff Markarian to accept the covenant for Eastview Acres, from TPR Homes, 234 No. Main Street, Millbury, MA, with a construction deadline of September 22, 2012, (four years from the date of plan endorsement), motion carried unanimously.
Motion by Brian Stowell, seconded by Jeff Markarian, to approve the plan entitled “Eastview Acres, Definitive Subdivision Plan of Land in Millbury, MA”, for TPR Homes, Inc., prepared by Thompson-Liston Associates, Inc., dated September 4, 2004, as last revised on September 2, 2008, motion carried unanimously.
9:00 p.m. Grafton Street – Vassar Multi-Family Special Permit Public Hearing, cont.
Norman Hill, Land Planning, Inc. was present.
Clerk Valery read DPW letter, Fire Chief letter (change the name of the proposed street), and Conservation Commission letter.
Mr. Hill advised that the name of the street will be changed to “Vassar Drive”.
Ms. Connors referred to Graves Engineeing review letter which indicated that the size of the garage will only accommodate small vehicles, and the location will make it hard to maneuver around the corner. The driveway is within the setback line, therefore a waiver must be requested. There is no buffer area. She suggested that the house be relocated to create more room for getting in and out.
Motion by Brian Stowell, seconded by Jeff Markarian to continue the public hearing to October 20, 2008 at 8:45 p.m., motion carried unanimously.
Other Business
Autumn Gate Bond: Due to the pending bankruptcy petition, Ms. Connors advised that a surety bond is held, she has alerted the Building Inspector to hold on issuance of all building permits, and she has spoken to town counsel in an attempt to get the work completed without taking the bond. The Board may wish to consider rescinding the plan.
Paquette, 146 Wheelock Avenue, Plan Endorsement
Motion by Brian Stowell, seconded by Anna Lewandowski to approve the definitive plan entitled “Plan of Property surveyed for Loring G. Paquette & Rosalie L. Paquette, 146 Wheelock Avenue” prepared by Jarvis Land Survey, Inc., dated October 26, 2007, with revision dated August 19, 2008, revising the zoning data block (dimensional requirements for RIII lots). Motion carried unanimously.
Executive Session: Motion by Anna Lewandowski, seconded by Jeff Markarian, to go into Executive Session to discuss pending litigation and to return to open meeting for the purpose of adjournment. On a roll call vote, motion carried unanimously.
Adjournment
Motion to adjourn by Brian Stowell, seconded by Rusty Valery, motion carried unanimously. Meeting adjourned at 10:30 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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