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Planning Board Minutes 05/11/2009


The regularly scheduled meeting of the Millbury Planning Board was held on Monday, May 11, 2009, at 7:00 p.m., in the Municipal Office Building, 127 Elm Street, Millbury, MA.  After the Board re-organized, Chairman Richard Gosselin presided.

Present:  Gary Schold, Richard Gosselin, Anna Lewandowski, Jeffrey Markarian, Paul Piktelis

7:15 p.m.       Reorganization

Town Planner Laurie Connors asked for nominations for Planning Board Chair.

Motion by Jeffrey Markarian to nominate Richard Gosselin as Chair, seconded by Anna Lewandowski, motion carried unanimously.

Town Planner Laurie Connors asked for nominations for Vice-Chairman.

Motion by Paul Piktelis to nominate Anna Lewandowski as Vice-Chairman, seconded by Richard Gosselin, motion carried unanimously.

Town Planner Laurie Connors asked for nominations for Clerk.

Motion by Richard Gosselin to nominate Jeffrey Markarian as Clerk, seconded by Anna Lewandowski, motion carried unanimously.

CMRPC Delegate:  Anna Lewandowski volunteered to serve as CMRPC delegate.  

Associate Member Position:  The Board authorized the advertisement for Associate Member.  

Registry of Deeds Form:  Two signatures will be required for ANR plans (Richard Gosselin/Anna Lewandowski).

Meeting Cancellation:  The Board agreed to cancel the May 25, 2009 meeting, due to the Memorial Day holiday.  

73 Elm Street, Ricciardi-Gazal, Sign Special Permit Public Hearing

Jeffrey Markarian read the public hearing notice, letter dated April 10, 2009 from Robert Blackman, Building Inspector, requiring a minimum of 10’ clearance, and letter dated April 10, 2009 from John McGarry, DPW Director, requiring the adherence to the 11’ 10” vertical requirement.  


Annunzia Ricciardi Grilla addressed the Board.  She showed the actual sign to the Board, which will hang from the sign for George Russell Realty, which is already there.  It will meet the 10’ clearance.  The name on the sign reads “Seconds Anyone?”.

Ms. Connors suggested that the background sign color be blue, to coordinate with the “Sam’s Hair Garage” sign next door.  Ms. Ricciardi Gazal advised that it would not be possible, this is a hand painted sign with multiple coats of varnish, it would ruin the sign.  

Cynthia Burr, Executive Director of the Millbury Improvement Initiative stated that the hand carved sign would be an improvement to the building, she would like the Planning Board to encourage the building owner to make further improvements.  

Motion to close the public hearing by Anna Lewandowski, seconded by Gary Schold, motion carried unanimously.

Motion by Jeffrey Markarian, seconded by Gary Schold, to grant the sign special permit application of Linda Ricciardi-Gazal, property located at 71-73 Elm Street, under Article 1, Section 14.11 (m) and Article 3, Section 34.2.3 of the Zoning Bylaw, subject to conditions a – f, motion carried unanimously.

Minutes

Motion by Anna Lewandowski, seconded by Jeffrey Markarian, to approve the minutes of April 27, 2009, with one correction to page 3, motion carried unanimously.

7:50 p.m.       Major Modification to Site Plan Review/Stormwater Management Special Permit, 130 Westborough Street, Public Hearing

Clerk Jeffrey Markarian read the public hearing notice, Conservation Commission memo dated May 11, 2009, letter from Aquarion Water Company allowing Treeline Construction Company to tie into the Grafton water supply, with conditions.

Scott Charpentier, Lenard Engineering, handed out response letter to comments from Town Planner Connors and Tighe & Bond, and an amended plan.  He stated that Board of Health approval is not required, and no additional employees will be added.  

Chairman Gosselin opened the hearing to the public.  

Janet O’Connor Wilson, 39 Pt. Rok Dr., Worcester, reminded the Board that Treeline keeps coming before the town after the fact, and asked the Board to require more transparency on their part.  Don’t base decisions based on money, but on quality of life for residents.


Ms. Connors advised that the addition is approximately 1,000 square feet, is not constructed yet and will house a conference room, rest room, lobby and stairwell.  Work has been completed consistent with the site plan.

William Houston, 48 Pointe Rok Dr., Worcester, asked if there would be an increase in number of people or vehicles, traffic and sub-contractor equipment.  Will the use be expanded, and stated that large trucks and construction vehicles travel Creeper Hill Road now.

Scott Charpentier advised that there will be no additional employees, no additional traffic as a result of the addition.  

Kenneth Salsman, Treeline Construction, stated that this addition would help to make the building ADA compliant, with the addition of an elevator, there is a trash company and trucking company on that roadway too, not just traffic for Treeline, the roadway has been paved for a distance of 700 feet and the driveway is swept weekly.  This modification has nothing to do with rock crushing.

Ed Wilson, 39 Pointe Rok Dr., Worcester, asked what the proposed use of the addition was.  Mr. Sadowski said it was for office space.

Jay Hodgson, 64 Pointe Rok Dr., Worcester, thought there were no sewer lines, or septic, cease and desist orders were issued, and no building permits were applied for.

Ms. Connors advised that the February 25, 2008 site plan was approved, and it did not include rock crushing.  Treeline was non-compliant, but the town has been working with them to get the required permits.  This approved site plan is here for modification.

Steve Cope, 77 Pt. Rok Dr., Worcester asked if there was water and sewer available on the site.  Ken Salsman advised that the property is serviced by Grafton water, and has a septic system. The well was contaminated by Wyman Gordon and the EPA now requires a larger water line to meet the current building code for sprinklers.  Aquarion has granted approval.  This will also allow for a fire hydrant, as required by the Millbury Fire Department.

Mrs. Lewandowski asked about a weight limit on the road.  Ken Salsman said that there is along the Worcester portion, but trucks exit the Grafton/Millbury side.

Motion by Gary Schold, seconded by Jeffrey Markarian, to close the public hearing, motion carried unanimously.

Motion by Jeffrey Markarian, seconded by Paul Piktelis, to approve the Modification to Site Plan Special Permit under Article 1, Section 12.4 of the Millbury Zoning Bylaw and the Post-Construction Stormwater Special Permit, under Section 16.3 of the Millbury General Bylaw, property located at 130 Westborough Street, as shown on Sheet 3, plan entitled “Grading and Drainage Site Plan Modification Submission, prepared for Treeline  Construction, Inc., 130 Westborough Street, Millbury, MA” dated December 7, 2007, revised through May 8, 2009, prepared by Lenard Engineering, Inc., 19 Midstate Drive, Auburn, MA, motion carried unanimously.

Chairman Gosselin declared a five minute recess.

8:30 p.m. Executive Session (130 Westborough Street Litigation)

Motion by Jeffrey Markarian, seconded by Anna Lewandowski, to enter into executive session, for the purpose of discussing pending litigation strategy, upon unanimous roll call vote the Board entered into executive session and will return to open meeting upon completion.

9:15 p.m.       Planning Board returns to open meeting.

9:15 p.m.       Ronald Bourdeau – Discussion:  Autumn Gate Estates

Mr. Bourdeau introduced himself to the Board and handed out an up-to-date timeline that he created and discussed it with the Board.  He questioned the Board as to when Autumn Gate Estates will become a public way, (Board could not predict at this time, variable factors), and the steps necessary to take down his present house and replace it.  He was referred to the Building Inspector.

9:55 p.m.       Oakes Circle Update

Ms. Connors has attempted to get an update from the developer, but has not received one yet.  

Summer Schedule

Mr. Markarian advised the Board that he will be on vacation and will not be able to attend the June 15, 2009 meeting.  

The Board agreed to hold one meeting a month, for the months of June, July and August, 2009, as follows:  June 15, 2009, July 27, 2009 and August 24, 2009.  The Board will return to its regular schedule in September.

10:00 p.m. Cronin Brook Heights Update

Ms. Connors stated that Mark Kitner has an agreement with homeowners to work on their lots.  The cones must be returned to the police department.  The site will be secured with temporary patch, and saw horses, cones and emergency tape.  Engineering statements are still outstanding, so she will not authorize any additional inspections.

Mr. McKie has been sued by his partner, the judge issued a writ of attachment for $1,000,000 so he does not have access to his funds at this time.  He is attempting to work this out.

Mr. Gosselin appreciates the effort to secure the site, however, it does not relieve him from the responsibility of a permanent solution.  

Adjournment

Motion to adjourn by Paul Piktelis, seconded by Gary Schold, motion carried unanimously.  Meeting adjourned at 10:10 p.m.

Respectfully submitted,



Susan M. Dean

ATTEST

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