The regularly scheduled meeting of the Millbury Planning Board was held on Monday, January 12, 2009 at 6:15 p.m. in the Municipal Office Building, 127 Elm Street, Millbury, MA. Chairman Richard Gosselin presided.
Present: Brian Stowell, Richard Gosselin, Anna Lewandowski, Jeffrey Markarian, Associate Member Peter Caruso, Jr.
Absent: Rusty Valery
6:15 p.m. Autumn Gate Estates, Public Hearing, cont.
Attorney George Kiritsy was present on behalf of the developer. The Planning Board reached a tentative agreement with the developer to assign its rights to the bond to them, allowing the developer to pursue the bond himself. Attorney Kiritsy stated that he has advised his client against this. He requested that the town enforce the bond.
Mr. Steven Gallo apologized for the meeting with Town Manager Bob Spain and added that at the time of this discussion he did not have counsel present.
Mr. Valentino, Chair of the Board of Appeals advised those in attendance that there was a hearing before his board, scheduled for January 28, 2009 at 7:00 p.m. He would like comments from the Planning Board prior to the meeting.
Ronald Bourdeau asked the Board to stop the arguments with the developer and to move forward taking the bond.
Motion by Brian Stowell, seconded by Jeffrey Markarian to continue the public hearing to 7:15 p.m. this evening (January 12, 2009), motion carried unanimously.
Motion by Brian Stowell, seconded by Anna Lewandowski to enter into executive session, for the purpose of discussing litigation strategy, and to return to open meeting once the executive session is complete. Upon roll call vote, motion carried unanimously.
7:15 p.m. Autumn Gate Estates Public Hearing, cont.
The Planning Board agreed to send a formal written letter outlining the discussion between the Town Manager and the developer, and the Board will expect a formal letter back, either accepting or rejecting the proposal.
The Board also agreed to continue the public hearing to February 9, 2009 and request town counsel and the town manager to attend.
Town counsel will be requested to submit case law references on his position and reasons therefore.
Town counsel will be asked to review the Terrell v. Upton case to determine its relevance in this situation.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to continue the public hearing to February 9, 2009 at 7:15 p.m., motion carried unanimously.
Minutes
Motion to by Brian Stowell, seconded by Jeffrey Markarian to approve the minutes of December 22, 2008, with a revision to page 1 (correct attorney’s last name, add copy of Building Inspector’s letter to minutes), motion carried unanimously.
Motion by Brian Stowell, seconded by Anna Lewandowski to approve the executive session minutes of December 22, 2008, with correction to paragraph 1, motion carried unanimously.
7:30 p.m. Hilltop Estates, Public Hearing, cont.
Brian Stowell read letter dated January 12, 2009 from Brad Lange, Sewer Superintendent regarding size of force main, and e-mail comments dated Jamuary 9, 2009 from John McGarry, DPW Director.
Julian Votruba, Project Manager, New England Environmental Design, LLC was present. One waiver for soil testing is being requested.
Streetlights were discussed, Mr. Stowell completed a site visit and it was determined that one street light at the beginning of the cul-de-sac would be required.
Mr. Gosselin requested a 4:1 slope off road instead of a 3:1 slope, for drainage. Mr. Votruba believes that would cause the drainage area to be located out of the right-of-way. He also questioned whether the deck on the existing house conformed with zoning, and asked about the size of the stone on the sloped area, and what would be used in the five foot flat area. 40 – 50 lb stone and large bounders mixed with 6” – 8” stones between would be used on the slope, the flat area would be loamed and seeded. Mr. McGarry stated that this design was reasonable for the existing conditions. Mr. Votruba stated that this design was reviewed and approved by Tighe and Bond. The detention area would be owned by a homeowner’s association. Mr. Gosselin would
like a letter summarizing the design and the town engineer’s comments, Mr. Votruba agreed.
Mr. McGarry also advised that a pumping station would be activated in July 2009.
Hydrant testing will be discussed at the next meeting. A waiver from granite curbing was discussed, as well as sidewalks and a bike path, as there was nothing to tie these into.
Mr. Gosselin requested a letter certifying the discharge point designation meets the criteria and won’t fail. Mr. Votruba will summarize in a letter, adding his design information and town engineer review comments.
Mr. Campolito, 24 Hilltop Drive asked the Board to address snow plowing.
Motion by Anna Lewandowski, seconded by Jeffrey Markarian to continue the public hearing to February 9, 2009 at 8:45 p.m., motion carried unanimously.
Chairman Gosselin declared a five minute recess.
8:45 p.m. Subdivision Regulations Modification to Public Hearing
Brian Stowell read the public hearing notice and the modifications, as proposed (attached). There was no public input.
Motion by Anna Lewandowski, seconded by Brian Stowell, to close the public hearing, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian to accept the modification to Subdivision Rules & Regulations, section 5.2.4, (b)(a)(2) –contours, motion carried unanimously. Motion was rescinded, incorrect section stated.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to accept the modification to Subdivision Rules & Regulations, section 5.3.4 (a) 2, environmental analysis, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markaraian, to accept the modification to Subdivision Rules & Regulations, section 5.3.5 (b) construction plan – contours, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to accept the modification to Subdivision Rules & Regulations, section 8.c.1, performance guarantee, approval with bonds or surety, motion carried unanimously.
8:55 p.m. Minor Modification to Vassar Estates Definitive Decision
Norman Hill, Land Planning was present and stated that the plan has been revised to include paving the entrance to the road, and the multifamily modification information.
Motion by Brian Stowell, seconded by Jeffrey Markarian to approve the Covenant for Vassar Estates, Definitive Subdivision Plan, dated January 9, 2008, as last revised on December 2, 2008, prepared by Land Planning , Inc., 214 Worcester Street, Grafton, MA, motion carried unanimously. Property is located at 126 Grafton Street.
Motion by Brian Stowell, seconded by Jeffrey Markarian to approve the Vassar Estates, Definitive Subdivision Plan, dated January 9, 2008, as last revised on December 2, 2008, prepared by Land Planning , Inc., 214 Worcester Street, Grafton, MA, motion carried unanimously. Property is located at 126 Grafton Street.
9:00 p.m. 130 Westborough Street, Bond Reduction
Scott Charpentier, Lenard Engineering was present. Tighe & Bond recommended that the sum of $48,400 be retained.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to reduce the bond by $56,811.32, and to retain $48,400.00, motion carried unanimously.
9:10 p.m. Shoppes At Blackstone Valley Discussion
Brian Stowell read e-mail dated January 5, 2009 from Al Rocco, Vice-President, WE Development, outlining ideas to address Planning Board concerns regarding emergency lighting at the Shoppes. Discussion followed.
9:15 p.m. Oakes Circle Development
Brian Stowell read letter dated December 10, 2008 from Colonial Contracting & Excavating, regarding a settlement proposal which was presented to CMG. The letter outlined remaining work.
Barbara Brown, President, Oakes Circle Homeowner’s Association outlined the association’s primary concerns, as follows:
- Some units have incorrect frontage, light posts/placements won’t allow for sidewalks there, may have to re-locate on opposite side
- One drain is in the middle of a driveway
- Landscaping incomplete
- Cement light bases on some front lawns, in ridiculous places
- Lampposts are better option but won’t work with sidewalks
- Not concerned with additional street trees
- Would like all work inspected by the town
Ms. Connors indicated that there were two lights missing from the entrance, supposed to be 8 lights, some are in incorrect locations. One light should be added to mailbox area.
CMG agreed to see if lighting can be added to the entrance. They would like to remove the finish course of paving requirement where sewer work was performed, hydrant elevations, street trees and plantings around the detention basin, and use the money to complete other items instead.
Chairman Gosselin gave CMG and Colonial Contracting a five minute break to work out an agreement.
10:05 Discover Marble & Granite Modification – Curb
The Planning Board approved bituminous sidewalks and concrete curb around the parking lot perimeters. Contractor actually installed concrete sidewalks and bituminous curb in some locations, granite in the islands was to be concrete.
Brian Stowell read letter dated January 7, 2009 from Discover Marble and McGovern Construction requesting a waiver.
Motion by Anna Lewandowski, seconded by Jeffrey Markarian to approve the waiver as requested. Vote: 1-3-0, motion denied. Anna Lewandowski, Jeffrey Markarian and Richard Gosselin were opposed.
Oakes Circle, cont.
The following was agreed upon:
- Catch basins, rims, frames will be repaired as per final plan
- Patching of binder around catch basins will be completed as per plan
- Sidewalks installed on side best for development and association, will be staked first so that association can see its proposed location
- Manholes and inverts will be raised
- One additional streetlight will be installed, next to the mailboxes
- Extra light pole bases will be removed
- Hydrants will be loamed and seeded around them
- Will install berm and re-do driveway aprons
- There will be no street trees
- The beginning of the roadway which was disturbed by the sewer project will be paved by the town as part of the sewer expansion (distance to be agreed upon)
- Tighe & Bond inspections: ½ fee paid by CMG, Colonial Contracting will work out the details (Town Planner Connors believes it will be approximately $5,000).
A revised, written agreement letter will be completed, and will be presented to the Planning Board for a vote on January 26, 2009.
Adjournment
Motion to adjourn by Anna Lewandowski, seconded by Brian Stowell, motion carried unanimously. Meeting adjourned at 10:30 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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