The regularly scheduled meeting of the Millbury Planning Board was held on Monday, February 9, 2009 at the Municipal Office Building, 127 Elm Street, Millbury, MA. Chairman Richard Gosselin presided.
7:15 p.m. Executive Session
Motion by Brian Stowell, seconded by Jeffrey Markarian, to enter into executive session for the purpose of discussing pending litigation, to return to open meeting to continue with the Board’s agenda. Upon roll call vote, motion carried unanimously.
7:45 p.m. Autumn Gate Estates Public Hearing, cont.
A tape recording of this public hearing was taken. This meeting was not televised.
Ronald Bourdeau, 118 Grafton Street, (Autumn Gates Circle) asked the Planning Board to make a decision that would be in the best interest of the town, not to rescind, to enforce the bond. If the plan is rescinded he will become land-locked.
Attorney George Kiritsy, representing Fox Gate, LLC, asked the Board if they would take legal action to enforce the bond. He submitted a series of pleadings that he has prepared for summary judgment and offered them to the Board for its review and possible use.
Kim O’Malley, 126 Grafton Street, asked if there was a time frame for action, would the Board go after the Bond and what would happen if the plan was rescinded. She asked the Board not to use the mistakes of the previous developer and hold them against this new developer.
There was no further public comment.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to close the public hearing, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to rescind the Definitive Plan for Autumn Gate Estates, Definitive Subdivision Plan in the Town of Millbury, Massachusetts, dated May 18, 2004 as last revised on April 5, 2005, prepared by Heritage Design Group, the Board unanimously opposed the motion, motion denied, definitive plan was not rescinded.
8:20 p.m. Executive Session
Motion by Brian Stowell, seconded by Anna Lewandowski, to enter into executive session for the purpose of discussing strategy for pending litigation, upon unanimous roll call vote, motion carried unanimously.
8:45 p.m. Hilltop Estates Public Hearing, cont.
Mark Sadowski and his engineer, Julian Votruba were present.
Mr. Stowell read the following into the record:
- Letter from Fran Pearson, sewer department, advising that Brad Lange, Sewer Superintendent did not have any additional comments.
- Letter from John McGarry, DPW Director, advised the Board that sewer will be available in August of 2009.
- E-mail from Millbury Fire Department fire flow area should be 1000 gpm
- Letter received January 15, 2009 from Judy Modia,162 Wheelock Avenue, concerning water runoff
- Letter dated February 6, 2009 to Michelle Desourcy from Tata & Howard, regarding flow test results
- Letter dated January 26, 2009 from NE Environmental Design regarding frost affect on hydrology design
- Letter dated January 23, 2009 from Julian Votruba, Project Manager regarding discharge
Mr. Gosselin has an issue with water being slowed but not collected anywhere. Mr. Votruba used a previous approval for a 120 lot subdivision as an example of this working process. Catch basins will be maintained by a homeowner’s association. This method has been tested for 2, 10, 50 and 100 year storms. There will be no blasting, not even for foundations, this is a fill site. Snow storage has been designed to allow for plowing off the circumference of the road.
Mr. Stowell read letter dated January 7, 2009 from Julian Votruba requesting waivers.
Mr. Gosselin wanted a response from Tighe & Bond regarding drainage, but did not receive it. Because the water is traveling downhill into backyards without a natural outlet, he is not comfortable with the drainage design.
Motion by Brian Stowell, seconded by Anna Lewandowski to continue the public hearing to February 23, 2009 at 7:15 p.m., motion carried unanimously.
9:15 p.m. Gorettis Site Plan Review Pre-Application
Chuck Bomely, Plan Retail Design was present. Gorettis is attempting to create a buffer for the loading area, with a re-design creating approximately 600 sf of floor area, and 200 sf of additional freezer space.
Town Planner Connors advised that this is a minor modification and a public hearing is not required. The proposal has been sent to Tighe & Bond for review.
Mrs. Lewandowski has issues with truck traffic and would like to look for ways to resolve this. Mr. Bomely stated that delivery times can be scheduled and posted, and the bridge will be completed, adding an additional entrance/exit area. Granite rumble strips can be added. Mr. Gosselin suggested the removal of the last parking space might make it easier to maneuver trucks.
Mr. Bomely also told the Board that Mr. Goretti will consider an easement to build a bridge over the river, for the bicycle path.
A formal letter will be required to submit the proposal.
Adjournment
Motion to adjourn by Brian Stowell, seconded by Jeffrey Markarian, motion carried unanimously. Meeting adjourned at 9:50 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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