The regularly scheduled meeting of the Millbury Planning Board was held on Monday, February 23, 2009, at 7:15 p.m., in the Municipal Office Building, 127 Elm Street, Millbury, MA 01527. Chairman Richard Gosselin presided.
Present: Brian Stowell, Richard Gosselin, Anna Lewandowski, Jeffrey Markarian, Rusty Valery
Absent: Peter Caruso, Jr.
7:15 p.m. Hilltop Estates, Public Hearing, cont.
Drainage calculations have been reviewed by the town’s engineer.
There was no further public input.
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 grant a waiver from Section 5.3(1)(n): Requirement to conduct soil surveys and/or test pits or borings every 100’ along the proposed road, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian to grant a waiver from Section 5.3.5(c): Requirement to show individual trees greater than 12” in diameter at breast height, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian to grant a waiver from Section 6.7(5): Requirement that the maximum length of a dead-end street or network of dead-end streets shall be 1,500 feet, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian to grant a waiver from Section 6.10: Requirement to install granite curbing, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian to grant a waiver from Section 6.13: Requirement to install a sidewalk on one side of the street, motion carried unanimously.
Motion to grant the application to allow a four (4) lot conventional subdivision, related roadway, landscaping, lighting, drainage and associated infrastructure as shown on the plans entitled “Hilltop Estates Definitive Subdivision, Millbury, Massachusetts”, dated October 20, 2008, revised through January 22, 2009, prepared by New England Environmental Design, LLC, PO Box 376, Rutland, MA 01543, and consisting of eight (8) sheets, collectively, subject to conditions a – cc, motion carried unanimously.
7:25 p.m. ANR Plan: McCracken Road – Donald Allaire
Applicant is creating three (3) additional lots.
Motion by Brian Stowell, seconded by Jeffrey Markarian to approve the ANR Plan entitled “McCracken Road & Dwinell Road, Millbury, Massachusetts, Owners Donald G. & Kathy P. Allaire, 73 McCracken Road, Millbury, Massachusetts 01527), dated February 11, 2009, last revised on February 23, 2009, motion carried on a 4-1-0 vote. Anna Lewandowski was opposed, stating as a reason that the newly created lots are too close to the “S” curve, which poses a safety hazard.
7:30 p.m. Ladyslipper Lane, Public Hearing, cont.
Applicant has requested an extension of time for the Planning Board to render a decision, and has requested that the public hearing also be continued to a later date.
Motion by Brian Stowell, seconded by Jeffrey Markarian to grant the request to extend the deadline for rendering a decision to April 17, 2009, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian to continue the public hearing to March 23, 2009 at 8:15 p.m., motion carried unanimously.
Minutes
Motion by Brian Stowell, seconded by Jeffrey Markarian, to approve the minutes of January 12, 2009, with revision to page 1, and notation to include the modifications to the Subdivision Rules & Regulations to the minutes. Motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian to approve the minutes of January 26, 2009, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian to approve the minutes of February 9, 2009, with a revision to page 2, motion carried unanimously.
7:50 p.m. Cronin Brook Discussion
Anna Lewandowski brought the issue of a large sink hole in the roadway, located in front of the first house on the right. It is approximately 3 – 4 feet deep, is extremely dangerous and there are barriers around it, which have been put there by either the police or the DPW. She requested a site visit by Tighe & Bond. Further up the hill is another small pothole. It appears as though water is being diverted, no broken pipes can be found.
Town Planner Connors went to Cronin Brook and took photographs, notified the DPW Director and Tighe & Bond, Bob McKie and Mark Kitner.
Mr. McKie advised that he will temporarily fill the hole with gravel. Ms. Connors told him to have Tighe & Bond present while any work is being performed.
Mr. Stowell read letter from DPW Director McGarry, dated February 23, 2009, regarding observations he made during a site visit. Catch basins are clogged, causing a cracked roadway, sub-base has settled, dangerous collapse in roadway which he defined as an unattended trench, and he outlined proposals for repair.
8:10 p.m. Oakes Circle Update
Ms. Connors has received three different revisions to the agreement letter, which has not been signed yet. She is waiting for the final revision.
Chairman Gosselin declared a five minute recess.
8:15 p.m. 26 Sycamore Street, Public Hearing, cont.
Clerk Valery read letter dated February 23, 2009 from DPW Director McGarry regarding site distance concerns. He also read letter from Tighe & Bond, Anthony da Cruz, commenting on warning signs (won’t improve traffic situation), and a proposed speed limit review.
Kevin Parvin will provide a traffic study. He could eliminate one unit and re-locate the driveway. He asked what width the Board would require for the easement (16 feet). A site survey has not been completed yet, because of the winter snow, but it will be done.
There was no public input.
Motion by Brian Stowell, seconded by Jeffrey Mort, to continue the public hearing to March 23, 2009, at 8:45 p.m., motion carried unanimously.
March 9, 2009 Meeting Cancellation
Motion by Brian Stowell, seconded by Rusty Valery, to cancel the meeting of March 9, 2009, motion carried unanimously.
Shoppes At Blackstone Valley
Mr. Gosselin raised continuing concerns with traffic, and believes that the engineer who designed the system was negligent, the Board relied on his expertise when approving the plan. This design is flawed and not in the best interest of the public.
Mrs. Lewandowski added that traffic backs up onto Route 146, Main Street and McCracken Road. Mr. Valery agreed that something should be done, there is a lot of pedestrian traffic there, this has become a serious safety issue.
Mr. Gosselin added that the issue of snow removal still needs to be addressed.
9:00 p.m. Zoning Bylaw Articles Public Hearing
Brian Stowell read the public hearing notice.
Mr. Valery left the meeting at 9:25 p.m. due to illness.
Each article was read and discussed. Comments were made on the following proposed articles:
- Section 50 Small Wind Turbines:
- Mrs. Lewandowski does not believe that the permitting of small wind turbines should be under the jurisdiction of the Planning Board, it should remain with the Board of Appeals.
- Ms. Connors read e-mail comments which were submitted by Pravin Trivedi:
- definition of small wind turbine
- definition of size of parcel
- what zoning districts are they allowed in
- add water wheels and other similar structures
- rated nameplate capacity – question on definition, suggested language
- higher capacity
- complying with regulations – meet FCC standards too:
- unauthorized access – discussed fence requirement
The Board agreed to modify the proposed bylaw section 50.7 (4), Unauthorized Access: … ladder readily accessible to the public for a minimum height of twelve (12) feet above the ground.
The Board also agreed to add compliance with FCC requirements to Section 50.5.
Mr. Valentino, Chairman of the Board of Appeals, advised that his Board was not staffed to regulate this new bylaw and requested that it remain under the jurisdiction of the Planning Board.
- Article 3, Section 32.9 Accessory Structures:
- Mr. Stowell read an e-mail from the Building Inspector supporting this modification to the bylaw
- Mrs. Lewandowski did not want to eliminate the old bylaw for Accessory Structures, she would like to see all the building requirements listed within the bylaw.
- Article 3, Section 34.3 Exempt Signs:
- Mrs. Lewandowski was opposed to eliminating a permit for political signs and real estate signs.
There was no further public input.
Motion by Brian Stowell, seconded by Jeffrey Markarian to close the public hearing, motion carried unanimously.
Votes to submit articles for town meeting: (copy of articles are attached)
Motion by Brian Stowell, seconded by Jeffrey Markarian, to submit Article 1, Section 12.43 Application and Review Procedures, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to submit Article 2, Section 21 Establishment of Districts, Subsection 21.1, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to submit Article 3, Section 33 Parking and Loading Requirements, Subsection 33.2, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to submit Article 4, Section 41 Home Occupations, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to submit Article 1, Section 14.11, Planning Board Authority, motion carried on a 3-1-0 vote. Anna Lewandowski was opposed.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to submit Article 4, Section 50, Small Wind Turbines, as modified (Section 50.5 and Section 50.7 (4) ), motion carried on a 3-1-0 vote. Anna Lewandowski was opposed.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to submit Article 3, Section 32.9 Wind Energy Conversion Systems, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to submit Article 3, Section 32.9 Accessory Structures, motion carried on a 3-1-0 vote. Anna Lewandowski was opposed.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to submit Article 5, Definitions, Temporary Structure or Use, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to submit Article 5, Definitions, Bed and Breakfast, Day Care Center, LEED, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to amend the zoning map to include the Bramanville Village District, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to submit Article 2, Section 21.1, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to submit Article 2 District Regulations, by adding Section 24 Bramanville Village District, and renumbering sections 25, 26, 27, and 28, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to submit Article 1, Section 12.4 Site Plan Review, Subsection 12.45 Design Standards, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to submit Article 3, Section 34.3 Exempt Signs, as modified to delete number10. Political Signs and number11 Real Estate Signs, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to submit Article 3, Section 34.6 Specific Sign Requirements, Subsection 4B Development and construction signs (with typographical correction), motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to submit Article 3, Section 34.6 Specific Sign Requirements, Table 34.6.01 Signs Permitted by Zone, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to submit Article 4, Section Section 42 Assisted Living Facility, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to submit Article 4, Section 45 Swimming Pools (delete section), motion carried on a 3-1-0 vote. Anna Lewandowski was opposed.
Master Plan Warrant Article: Ms. Connors recommended that this article for funding be removed from the warrant. The Board agreed
Adjournment:
Motion to adjourn by Brian Stowell, seconded by Jeffrey Markarian, motion carried unanimously.
Meeting adjourned at 10:10 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
______________________________
______________________________
______________________________
______________________________
______________________________
| 
