The regularly scheduled meeting of the Millbury Planning Board was held on Monday, June 15, 2009 at 7:15 p.m. in the Municipal Office Building, 127 Elm Street, Millbury, MA. Chairman Richard Gosselin presided.
Present: Richard Gosselin, Anna Lewandowski, Paul Piktelis, Gary Schold (arrives at 7:40 p.m.)
Absent: Jeffrey Markarian
7:15 p.m Ladyslipper Lane: Mylar and Covenant Signing
Motion by Anna Lewandowski, seconded by Paul Piktelis, to approve the covenant for the Definitive Subdivision Plan, Optional Residential Compound, Ladyslipper Lane, dated May 23, 2008, last revised through May 14, 2009, motion carried unanimously.
Motion by Anna Lewandowski, seconded by Paul Piktelis, to approve the Definitive Subdivision Plan, Optional Residential Compound, Ladyslipper Lane, dated May 23, 2008, last revised through May 14, 2009, motion carried unanimously.
7:20 p.m. Shoppes At Blackstone Valley – Summer Market Cart Proposal
Louis Masiello and Michael Campbell, W/S Development were present. Two outdoor seasonal market carts are proposed, which will be 5’ x 5’ in size, will be leased and located within the large sidewalk area near the rear entrance to the movie theater. Mr. Masiello distributed related security and electrical information for the Board’s review. A minor modification to the original special permit is being requested. Hours of operation will be consistent with those of the theater.
7:40 p.m. Member Gary Schold arrives
Mrs. Lewandowski asked how the issue of vandalism would be addressed. Mr. Gosselin suggested security cameras. Mr. Masiello stated that the cameras would be inadequate if not constantly monitored. The Shoppes has a close working relationship with the Millbury Police Department and they employ paid police detail workers. The carts will be attached to the stone wall and will be approximately 3 ½ feet away.
Mr. Piktelis asked if they would be energized all night and the answer was no.
Mr. Schold asked what materials they would be made of. Mr. Masiello referred to the rendering and said that they would be made of aluminum and fiberglass, all marine grade outdoor products.
Motion by Anna Lewandowski, seconded by Gary Schold, to approve the request for a minor modification to the Special Permit, dated May 8, 2001, for Site Plan approval, for the Shoppes At Blackstone Valley, to include the addition of two summer market carts, as depicted on plan dated June 10, 2009, including attachments A – D, subject to the condition that the applicant will install a security camera, focused on the carts, if it is
deemed to be a security problem, or as an alternative, the carts will be removed. Hours of operation shall not exceed the hours of operation of the retailers or of the National Amusements movie theater. Except as otherwise modified, all conditions of the original Special Permit will remain in full force and effect. Motion carried unanimously.
8:10 p.m. Cronin Brook Heights Discussion
In order to avoid potential conflict, member Paul Piktelis stepped down.
Mr. McKie provided a status, which included the following information:
- Tighe & Bond has inspected the emergency access path
- Curb reveal will be corrected (6” binder, 4” finish coat)
- Braney Road sidewalk had been staked and designed, wants to move forward but needs direction (some stakes have been removed)
- Re: Lot 4, flooding issue was addressed, drainage manhole working, tests were witnessed by homeowner
- Re: Sink Hole, filled with gravel in February,temporarily paved 2 – 3 weeks ago
- Re: Step Down Drainage System: will check to be sure that manhole apparatus aren’t creating a problem, will expose sink hole, refill and fix, then re-do the gutter lines, curbing, patching and shimming, and add finish course.
He estimates that there is approximately $21,000 of work to be completed: street trees,
sidewalks, handicap access, street-lighting, curbing.
Mr. McKie is requesting Tighe & Bond sign off on completed items, and that the
Planning Board release money from the Tri-Party Agreement, keeping 2 lots under
covenant. He would like $10,571 released for the completion of the granite bounds and
monuments, so that he can pay the contractor for work done. He does not think that he owns enough land to construct the sidewalk along Braney Road – drainage is a concern and the S-curve area does not allow for enough space. Discussion regarding the town’s liability if the sidewalk is not constructed ensued, the Planning Board will not waive this requirement. Mr. McKie advised that easements are all in place, and a plan will be ready for recording within two weeks. A shift in some lot lines will require ANR approval from the Board.
Mrs. Lewandowski reminded the Board that the completion date for this project expired on June 4, 2009. The request for extension is a major modification to the definitive plan.
Regarding the determination of the cause of the sink hole, Chairman Gosselin wants the town engineer present when the hole is opened up and flooded. Town engineer has suggested that the entire roadway be corrected.
Mr. McKie and his attorney, Stephen Meltzer requested the release of money from Tri-Party Agreement to pay for the bounds which have been set. Mr. McKie further advised that his former partner, Dan Lewis has filed a lawsuit against him and has attached his property. If the town does not act not to help him complete the project the opportunity may be lost, depending on the court’s action.
No further action was taken. Member Paul Piktelis returns to meeting at 9:35 p.m.
Other Business:
Mrs. Lewandowski read correspondence from Barbara Brown, Oakes Circle Condominiums, dated June 12, 2009, advising the Board that this project remains unfinished. She asked the Board to address this issue again. The Town Planner will forward a certified letter to the developer, asking for a status and timeline for completion of the project, to be received within 15 days. Mrs. Lewandowski would like to know if the insurance premium for the existing bond has been paid, keeping it in effect.
Mrs. Lewandowski believes that all developers should be notified when their project deadline is nearing. The Board did not reach a consensus on this.
Adjournment
Motion to adjourn by Gary Schold, seconded by Paul Piktelis, motion carried unanimously. Meeting adjourned at 9:50 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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