The regularly scheduled meeting of the Millbury Planning Board was held on Monday, November 24, 2008 at 7:15 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, Associate Member Peter Caruso, Jr.
Absent: Jeff Markarian
7:15 p.m. Autumn Gate Estates – Gallo Builders
George Kisitsky, Esquire was present to represent Autumn Gate Estates. It is the developer’s contention that condition #18, Surety has been satisfied, that the bond posted by the former developer, LRC has no limitations. He requested the Planning Board pursue taking of the bond to complete the infrastructure. In support of his request, he cited three case law references and reviewed them with the Board. Members questioned him as to specifics of each case and it was agreed that they would be forwarded to the Planning Board, and then referred to town counsel for his review. He further indicated that it is unlikely that the Board will avoid litigation of some sort, either the Board will pursue legal action to take the bond or Gallo Builders will pursue legal action against the Planning Board to
do so. Steve and Bob Gallo advised that they would prefer to avoid this course of action and that the current bond is more than sufficient to cover the cost of completion.
Motion by Brian Stowell, seconded by Anna Lewandowski to schedule a public hearing for December 22, 2008 to discuss rescission of the Autumn Gate Subdivision, to be held if a resolution between attorneys for both parties cannot be reached. Motion carried unanimously.
7:55 p.m. Lady Slipper Lane Definitive Plan Public Hearing, cont.
Clerk Valery read letter from Mr. Mahoney requesting a continuance of the public hearing to December 8, 2008.
Motion by Anna Lewandowski, seconded by Brian Stowell to continue the public hearing to 8:10 pm on December 8, 2008, motion carried unanimously.
7:55 p.m. Ron Bourdeau, Abutter to Autumn Gate Estates
Mr. Bourdeau reminded the Board that he was present at the July 21, 2008 meeting to express his concerns with the lack of a street sign, snowplowing and clean-up, and that these issues have not been resolved. He spoke in support of Gallo Builders.
Steve Gallo was also present and indicated that he is currently working with the sewer department and the water department. Manholes have been readied for winter plowing, he has received an Order of Conditions from the Conservation Commission and street signs have been ordered.
8:10 p.m. Bramanville Bylaw – Rosemary Scrivens, CMRPC
Ms. Scrivens distributed a new version of the proposed bylaw, with tracked changes, and reviewed it with the Board. This is no longer an overlay district. It is intended to create a high density, village setting atmosphere.
The Board agreed to further discuss the proposed bylaw at 8:00 pm on December 22, 2008.
Chairman Gosselin declared a three minute recess.
8:55 p.m. 26 Sycamore Street Multi-Family Special Permit Public Hearing, cont.
Mahmood Azizi reviewed revisions with the Board, identifying buffer zone limits, and preservation of large trees, improved drainage system with a detention pond, improved site distance, fence details and enclosed dumpster. He advised that he has not received comments from Tighe & Bond yet.
Town Planner Connors requested grading information for the driveways and percentage of leveling, depiction of cut and fill and existing contours.
Chairman Gosselin opened the meeting to the public.
Eric Nielsen requested fencing along his property line to reduce noise and to create privacy, he was concerned with an accurate location of his property line and the effect it has on his present driveway. There is a large willow tree at the property line which hangs over his house and he was concerned that damage to the tree due to construction would cause weakness to the tree perhaps then causing damage to his house. The applicant indicated that he would provide fencing for his property at 32 Sycamore Street.
Mr. Gosselin wants the easement shown on the plan for the right-of-way, monumented property corners, and 88 data coordinates which require a conversion factor.
Mrs. Lewandowski is concerned with the amount of parking available, and the location of the grass island and asked if the units would be 2 or 3 bedroom. (the option will be left open to purchasers; four parking spaces per unit have been provided).
Mr. Stowell suggested a reduction in the area of the rear units to provide more parking.
Motion by Brian Stowell, seconded by Anna Lewandowski, to continue the public hearing to 8:30 p.m. on December 22, 2008, motion carried unanimously.
9:30 p.m. Minor Modification to Vassar Estates Definitive Decision
Town Planner Connors handed out her comment letter, and identified several outstanding issues. This plan is not ready for endorsement. No one was present on behalf of the applicant.
9:35 p.m. Oakes Circle – Colonial Contracting
Steven Sheehey, Esquire was present to represent Colonial Contracting. Attorney Sheehey indicated that Colonial Contracting is presently in litigation with CMG, the developer of Oakes Circle. No representative for CMG was present. Colonial would like to use the bond funds to complete the outstanding work. He asked the Board if the town would consider releasing a portion of the bond if an agreement for completion can be reached with CMG.
No roadway to the proposed detention basin has been constructed, however, it looks like the area has become a working wetland now.
Barbara Brown, President of the Homeowner’s Association addressed the Board. She advised that streetlights are still not installed, drains are raised above the roadway and the road has not been completed. The detention area appears to be working and is not her biggest concern.
The Board discussed the requirement for street trees and the incorrect installation of street lights and bases. Fran Allain, Colonial Contracting advised that the light bases were installed according to the plan locations, CMG installed additional ones. Ms. Connors advised that there were a total of 8 street lights shown on the plan. Six bases have no lights, two are ok, there are four additional ones set next to existing ones, two are missing. There is no money available for inspections.
Other Business
Discussion: Modification of performance guarantee section of Subdivision Rules & Regulations
- Legal fees of $25,000
- Planning Board bill for Treasurer’s review and services?
- Increase in application fee to cover Treasurer’s expense if can’t bill out
- Ask for cash in exchange for waivers
- Create a General Bylaw so that all Boards could benefit
Ms. Connors would like all proposed revisions as soon as possible so that a public hearing can be scheduled.
Discussion: Draft Wind Turbine Bylaw
- How to address small wind turbines for homeowners
- Require removal of turbines which have been abandoned
- Failure to maintain shall result in loss of permit
- Add definition of “large” turbine
Sign Permits: Mrs. Lewandowski identified several locations in town where there appears to be signs large enough to require permits, which included Riverlin Parkway/Railroad Street, Millbury Avenue (near Govers), Providence Street and Grafton Street. This will be referred to the Building Inspector.
Review and Sign Sexual Harassment Policy and Individuals in Protected Classes Policy: The Board reviewed and signed both documents.
Minutes
Motion by Anna Lewandowski, seconded by Brian Stowell, to approve the minutes of October 20, 2008, with one correction to page 2, adding the word “concept”, motion carried unanimously.
Adjournment
Motion to adjourn by Brian Stowell, seconded by Anna Lewandowski, motion carried unanimously, meeting adjourned at 10:50 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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