The regularly scheduled meeting of the Millbury Planning Board was held on Monday, October 20, 2008, at the Municipal Office Building, 127 Elm Street, Millbury, MA, at 7:15 p.m. Chairman Richard Gosselin presided.
Present: Rusty Valery, Richard Gosselin, Anna Lewandowski, Jeff Markarian, Associate Member, Peter Caruso, Jr.
Absent: Brian Stowell
7:15 p.m Minutes
Motion by Anna Lewandowski, seconded by Jeff Markarian to approve the minutes of July 21, 2008, motion carried unanimously.
July 24, 2008 minutes were held until a majority of the Board who attended that meeting were present.
Motion by Rusty Valery to approve the minutes of August 18, 2008, motion was withdrawn to allow for corrections.
Motion by Rusty Valery, seconded by Anna Lewandowski, to approve the minutes of August 18, 2008, with one correction to page 3, last paragraph, to insert motion by Brian Stowell, seconded by Rusty Valery, motion carried unanimously. Motion to rescind by Rusty Valery, seconded by Anna Lewandowski motion carried unanimously.
Motion by Rusty Valery, seconded by Anna Lewandowski, to approve the minutes of August 18, 2008, with two corrections to page 3: last paragraph, motion by Brian Stowell, seconded by Rusty Valery; and regarding Oakes Circle, cost estimate to be provided by town counsel. Motion carried unanimously.
Motion by Anna Lewandowski, seconded by Rusty Valery, to approve the minutes of September 8, 2008, motion carried unanimously.
Motion by Rusty Valery, seconded by Anna Lewandowski, to approve the minutes of September 22, 2008, with one correction to page 1, motion carried unanimously.
Motion by Rusty Valery, seconded by Anna Lewandowski, to approve the Executive Session minutes of September 22, 2008, motion carried unanimously.
7:30 p.m. Lady Slipper Lane Definitive Plan Public Hearing, cont.
Clerk Valery read comment letter dated October 20, 2008 from John McGarry, DPW Director. Discussion followed.
Ralph Romano was present to address the Board. He advised that he is still working on the revisions from the last meeting. He would like the public hearing continued to the November meeting.
Mr. Gosselin was concerned with the bonding of the new pavement to the old pavement.
Mr. Valery was concerned with the turning radius for fire apparatus.
Mr. Romano will prepare a written response to all comment letters and will revise the plan for the next meeting.
Motion by Anna Lewandowski, seconded by Rusty Valery, to continue the public hearing to November 24, 2008 at 7:45 p.m.
Other Business
Cronin Brook Lot 4/5 Drainage Issue: Clerk Valery read Tighe & Bond comment letter, e-mail of October 14, 2008 from John McGarry, DPW Director, to Town Planner Connors approving design of easement, e-mail of October 17, 2008 from John McGarry, DPW Director advising that this should be a private drain line maintained by the property owners.
Mrs. Lewandowski would like to know what the homeowners there would like done, and if they are going to be responsible for the maintenance of the easement then someone other than the developer should explain their responsibilities. It was suggested that they talk to the Town’s engineer. Final plans should be stamped by an engineer.
Discussion followed.
Motion by Rusty Valery, seconded by Jeff Markarian, to approve the engineering design concept which will be marked Exhibit “A” and Exhibit “B”, subject to the following conditions:
- Prior to installation the developer shall negotiate all necessary easements with the owners of lots 3 & 4 and file plans depicting such easements with the Worcester Registry of Deeds. In accordance with Section 7.01(5) of the Subdivision Rules & Regulations, the width of the easements shall be at least 20 feet.
- The proposed 59’, 12” wide drain pipe that links the drain manhole to the manhole in Cronin Brook Way, in front of lot 3, shall be of a consistent slope from structure to structure.
- The Planning Board’s engineering consultant shall inspect the 50’ long, 12” wide drain pipe following installation but prior to backfill to ensure compliance with the plan.
- Catch basin in lot 4 shall conform to the diagram. If it doesn’t conform it should be replaced.
- Pipes, catch basins and manholes depicted on plan as being lots 3, 4, & 5 shall be owned and maintained by the beneficiaries of the easements (lots 4 & 5).
Motion carried on a 3-1-0 vote. Mrs. Lewandowski was opposed. She believes the easements should be approved first.
8:15 p.m. Longwood Farm Estates Major Modification Public Hearing
Clerk Valery read the public hearing notice.
Attorney Roger Leland advised that all permits have been received, however due to the current economic situation, financing is difficult to obtain, he needs time to allow the economy to recover and requested an extension of three years. He has already received a three year extension from the Conservation Commission.
There was no public input.
Motion by Anna Lewandowski, seconded by Rusty Valery, to close the public hearing, motion carried unanimously.
Motion by Jeff Markarian, seconded by Rusty Valery, to grant an extension of time to fully construct improvements as shown on the approved plan, including all conditions of approval, for a period of forty (40) months, motion carried unanimously.
Other Business:
Braney Road Sidewalk: Town Planner Connors provided a status report. It has been proposed that sidewalk is to be shifted closer to homes near the curve within the right-of-way, the width of the pavement will not be affected. She will discuss this proposal with the DPW Director. Two stakes are set, one depicts the edge of the right-of-way.
Open Space & Recreation Plan Support Letter: Motion by Rusty Valery, seconded by Jeff Markarian, to authorize the Planning Board Chairman to sign the letter in support of the Open Space Plan, to be forwarded to Bob O’Conner, Director, Division of Conservation Services in Boston, MA. Motion carried unanimously.
Chairman Gosselin declared a five minute recess.
8:45 p.m. Grafton Street – Vassar Multi-Family Special Permit Public Hearing
Norman Hill, Land Planning, Inc., was present. He identified the plan revisions.
Clerk Valery read letter from the Earth Removal Board which stated that this applicant does not have to file an application with its Board.
Mr. Gosselin was concerned with the paving schedule, he does not want dips in the roadway. It was agreed that pavement for the utility trenches shall be installed at the same time that the final course of pavement is installed on the roadway. In the meantime, the trenches shall be patched with bituminous concrete.
There was no public input.
Motion by Rusty Valery, seconded by Anna Lewandowski to close the public hearing, motion carried unanimously.
Motion by Anna Lewandowski, seconded by Rusty Valery, to grant a waiver from Section 12.44(a), existing and proposed topography at 2’ contour invervals, motion carried unanimously.
Motion by Anna Lewandowski, seconded by Rusty Valery, to grant a waiver from Section 12.44(b), landscape plan, motion carried unanimously.
Motion by Anna Lewandowski, seconded by Rusty Valery , to approve grant the multifamily and site plan review special permits, plan dated May 21, 2008, as last revised on September 26, 2008, with waivers as granted and with conditions A – M as discussed, motion carried unanimously.
9:00 p.m. 26 Sycamore Street Multi-Family Special Permit Public Hearing, cont.
Clerk Valery read letter from Earth Tech, consulting firm to Sewer Commissioners, outlining their issues.
Applicant was not present.
Abutter Mary White advised the Board that this property is a mess, and that holes for testing have been left open. The Planning Board will notify the Board of Health and ask for assistance.
Motion by Anna Lewandowski, seconded by Jeff Markarian to continue the public hearing to November 24, 2008, at 8:15 p.m., motion carried on a 4-1-0 vote. Mr. Valery was opposed. Mr. Caruso was a voting member in the absence of Member Brian Stowell.
Other Business
Autumn Gate Estates: Town Planner Connors provided a status report.
- Gallo Builders purchased this subdivision at auction on October 10, 2008
- All outstanding fees and taxes have been paid.
- Building applications have been picked up
- The bond company has been notified as the new owner indicated that he would not complete any infrastructure; town counsel has been notified, awaiting response
- Mr. Gallo will be invited to the next meeting on November 24, 2008 to discuss street signs, snowplowing and other outstanding issues, and he will also be asked to attend a technical review meeting.
Mr. Gosselin suggested a revision to the Subdivision Rules & Regulations so that no lots will be released until the road infrastructure is completed. In lieu of completion, a cash surety could be put it place. Ms. Connors did not believe that this would be legal, and suggested alternatives. The Board agreed to discuss this and other revisions at its November 24, 2008 meeting.
November 10, 2008 Planning Board Meeting Cancellation: Motion by Rusty Valery, seconded by Jeff Markarian to cancel the November 10, 2008 meeting, motion carried unanimously.
Adjournment: Motion to adjourn by Jeff Markarian, seconded by Rusty Valery, motion carried unanimously. Meeting adjourned at 9:35 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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