The regularly scheduled meeting of the Millbury Planning Board was held on Monday, July 27, 2009, at 7:15 p.m., in the Municipal Office Building, 127 Elm Street, Millbury, MA. Chairman Richard Gosselin presided.
Present: Jeffrey Markarian, Richard Gosselin, Anna Lewandowski, Gary Schold, Paul Piktelis
7:15 p.m. Cronin Brook Heights Major Modification Public Hearing
Member Paul Piktelis stepped down. Jeff Markarian read the public hearing notice.
Bob McKie was present, and advised the Board that his former partner has brought a court action and attachments against him. He is unable to access funds, finance or sell the property. He asked the Board to prepare a letter outlining all outstanding items and what the repercussions would be if not completed.
Ms. Connors advised the Board of her concerns with Mr. McKie’s inability to pay outstanding engineering fees.
Michael Frisoli, 38 Tiffany Circle said that he was asked to speak on behalf of some of the residents on Braney Road. He stated the following concerns:
- Payment of engineering costs and inspections, and lack of escrow funds
- If the developer files for bankruptcy, where does this leave the town?
- Sinkhole
- Status of remaining 6 lots
- Town should not be concerned with the developer’s financial position
- Surface drains and retention pond do not work
- Milling and paving and sidewalks on Braney Road are not done
- Judge could hear testimony on the pending case and may not render a decision for another 6 months
- Status of bond, are premiums up to date and can the Planning Board use it for relief if necessary
Mr. Mckie is going to seek a preliminary injunction and will seek equity relief, but this might take 30 days. Bankruptcy won’t release the attachment, but foreclosure would. He wants to get control over the site so that he can continue completing the project.
Dennis Genesh, 2 Diana Hill Drive, is the lot 4 owner, where water is flooding the driveway, in spite of the improvements that have been made. He and Mr. McKie continue to work on a solution.
Insufficient frontage and area for lot 3, which would result from the creation of an easement were discussed, as well as options to maintain compliance with zoning. Mr. McKie will work with the surveyor on this.
Mrs. Lewandowski outlined her issues:
- Escrow funds for engineering costs
- Referred to Attorney St. Andre’s publication regarding subdivision default
- Requested an engineering report outlining incomplete items and associated costs, if the town were required to complete the project
- Open space property is not maintained
- DEP fines or EPA approval still outstanding? (Mr. McKie advised that there are no outstanding issues, the fine was based on the fact that he did not file a plan)
- Sink hole repair – extent of repair required and cost to repair are still unknown
Ms. Connors spoke with town counsel and has been advised that foreclosure will not affect the Tri-Party Agreement. Approximately $140,000 is being held under the Tri-Party Agreement, and 4 lots are being held under covenant.
Motion by Jeffrey Markarian, seconded by Gary Schold, to continue the public hearing to August 24, 2009 at 7:45 p.m., motion carried unanimously.
Outstanding invoices will be paid prior to the next meeting. The Board will prepare a letter for Mr. McKie advising that a vote is pending to take the Tri-Party Agreement at that time.
8:15 p.m. Paul Piktelis returns to the meeting.
Minutes
Motion by Anna Lewandowski, seconded by Jeffrey Markarian, to approve the Executive Session Minutes dated May 11, 2009, motion carried unanimously.
Motion by Anna Lewandowski, seconded by Gary Schold, to approve the minutes of May 11, 2009, motion carried unanimously.
Motion by Gary Schold, seconded by Anna Lewandowski, to approve the minutes of June 22, 2009, with corrections to page 2, motion carried unanimously.
8:15 p.m. Hilltop Estates Document Review
Review will be postponed until the August 24, 2009 meeting. Town counsel has not completed his review.
8:25 p.m. Jennifer Mazza, 92 North Main Street, Multi-Family Special Permit Pre-Application Meeting
Mrs. Mazza was present and is seeking a renewal of the special permit, which expired in January, 2009.
Mr. Markarian read her letter requesting an extension of the special permit and to reduce the filing fee to $300 as no revisions to the plan will be made. The filing fee for a new submittal is $750. The Board denied this request and will require a new filing fee.
8:40 p.m. Oakes Circle Update
The Board has received a response letter from Attorney Michael Kelly regarding its request for a timeline for completion. No timeline was provided and no work has begun. The Board is holding a $100,000 bond.
Motion by Gary Schold, seconded by Jeffrey Markarian, to take the bond on Oakes Circle condominium project, motion carried unanimously.
8:50 p.m. Associate Member: A joint meeting with the Board of Selectmen will be held on Tuesday, August 25, 2009.
8:55 p.m. Brennan Salo – 12 Ellenwood Street Informal Discussion
Mr. Salo would like to add a multi-family addition to this single family home. Robert Murphy was present for the discussion. The following issues were identified: The lot is a pre-existing, non-conforming lot, sewer and water is now available there. The lot does not meet current frontage (99.1 foot frontage, 100 feet required), front and side setback requirements, or square footage requirements (8,993 sf). If a duplex is constructed the square footage requirement would increase to 32,500 sf. If submitted, this application would also require approval from the Board of Appeals.
Chairman Gosselin declared a three minute recess
Minutes, cont.
Motion by Anna Lewandowski, seconded by Gary Schold to rescind the vote to approve minutes dated June 22, 2009, motion carried unanimously. (correct date of minutes is June 15, 2009)
Motion by Anna Lewandowski, seconded by Gary Schold to approve the minutes of June 15, 2009, with corrections to page 2, motion carried unanimously.
Executive Session
Motion by Jeffrey Markarian, seconded by Anna Lewandowski, to enter into executive session for the purpose of discussing strategy relative to pending litigation, and upon completion of its executive session, will return to the open meeting for the purpose of adjournment. Upon unanimous roll call vote, motion carried unanimously.
Adjournment
Motion to adjourn by Anna Lewandowski, seconded by Gary Schold, motion carried unanimously. Meeting adjourned at 10:05 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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