The regularly scheduled meeting of the Millbury Planning Board was held on Monday, August 24, 2009, at 7:00 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
Executive Session: Motion by Anna Lewandowski, seconded by Jeffrey Markarian, to enter into executive session for the purpose of discussing pending litigation, and to return to open meeting for the purpose of continuing with the agenda, upon roll call vote, motion carried unanimously.
Paul Piktelis stepped down from the meeting for the next two agenda items, regarding the Cronin Brook Heights Subdivision.
7:40 p.m. Cronin Brook Way ANR
This ANR plan reconfigures lot lines so that lots 3R, 4R and 7R continue to comply with zoning after the addition of a drainage easement.
Motion by Jeff Markarian, seconded by Gary Schold to approve the ANR plan dated July 30, 2009, prepared by Waterman Design Associates, Inc., property located on Diana Hill Drive, and Cronin Brook Way, Millbury, MA, motion carried unanimously.
7:45 p.m. Cronin Brook Heights Public Hearing, cont.
Bob McKie, Platinum Building was present to request release of Tri-Party Agreement funds for the purpose of paying outstanding engineering fees (approximately $1500 - $1600) and a camera inspection (approximately $900) of the drainage pipe. He reviewed a proposal he prepared which identified outstanding issues, his plan to address them and the value of the covenants. Ms. Connors stressed the importance of keeping the cost of completion of the subdivision to the most minimum amount to get maximum value if the lots had to be sold, ie having the developer complete as much of the remaining work as possible.
Mr. McKie stated that if it were determined that the drainage pipe was not the cause of the sink hole he would be able to finish Taft Circle, Diana Hill Drive, Cronin Brook Way and the required work on Braney Road. As each item is completed in full and signed off by the Board, he would like to obtain funds from the Tri-Party Agreement to pay the contractors. Because of pending litigation, he has no access to any of his funds. Ms. Connors advised that $136,200 remains under the Agreement.
Mrs. Lewandowski strongly recommended a site visit by the entire Planning Board.
Chairman Gosselin opened the meeting to the public.
Michael Shaw, 4 Diana Hill Drive, spoke identifying his concerns with the incomplete subdivision, poor plowing during the winter, and questioned how the roads would be maintained if Mr. McKie did not have the money to take care of them this year. He did not think that a sidewalk on Braney Road was necessary, and was also concerned with the drainage issue on lot 4 (he is the owner of lot 5).
Motion by Jeffrey Markarian, seconded by Gary Schold, to release $2,500 from the Tri-Party Agreement, for the purpose of paying outstanding engineering fees and to provide for a camera inspection of the drain pipe, and to hold remaining funds of $133,700, motion carried on a 3-1-0 vote, Anna Lewandowski was opposed.
Motion by Anna Lewandowski, seconded by Gary Schold, to continue the public hearing to Monday, August 31, 2009 at 6:00 p.m., at the Cronin Brook Subdivision, and to re-convene the public hearing to the regularly scheduled meeting on September 14, 2009 at 7:30 p.m., in the Municipal Office Building, motion carried unanimously.
Member Paul Piktelis returned to the meeting.
Chairman Gosselin declared a five minute recess.
8:50 p.m. 92 North Main Street, Mazza Special Permit Public Hearing
Jeffrey Markarian read the public hearing notice. He also read letter from Robert Blackman, Building Inspector addressing the requirement for a sprinkler system, and letter from Matt Belsito, Fire Chief regarding the same, and asking the Board to address access for emergency vehicles.
Applicant did not meet the deadline for construction on the original permit and is now appearing before the Board with a new application. Mrs. Mazza advised that no changes were made to the original plan, previously approved by the Board, which permitted the construction of five condominium units.
Chairman Gosselin opened the meeting to the public.
Richard Valentino (speaking as an individual and not in his capacity as a member of the Board of Appeals – further stating that should this matter come before that Board he would step down), questioned access to the barn and was told that there would be no access from North Main Street.
Motion by Anna Lewandowski, seconded by Jeffrey Markarian, to close the public hearing, motion carried unanimously.
The Board reviewed the draft decision, with the only changes being to the dates, and the addition of wording added to condition “S”, “governing sprinkling of units”, to address the concerns of the Fire Chief and the Building Inspector.
Ms. Connors advised the applicant that she has 18 months to begin substantial construction on the project.
Motion by Gary Schold, seconded by Anna Lewandowski, to grant the Multifamily/Site Plan Review Special Permit under Sections 14.ll(a) and 14.11(l) of the Millbury Zoning Bylaws, subject to conditions a – t, for Jennifer Mazza, property located at 92 North Main Street, motion carried unanimously.
9:15 p.m. Brierly Pond Phase II – Minor Modification (Sidewalk)
John Burns was present. Pursuant to the approved plan, applicant was required to construct a 5 foot wide sidewalk, along a 5 foot grass strip abutting the curbing. The sidewalk was constructed to abut the curbing, the same amount of grass is still there, however, there is no buffer between the curb and the sidewalk. The justification was to provide for parking of cars two deep in the driveway, without having the last car hang over the sidewalk.
Motion by Jeffrey Markarian, seconded by Paul Piktelis, to approve the minor modification to allow the sidewalk to directly abut the Ashton Lane and Brierly Circle roadways, for Brierly Pond Village II, plan prepared by Heritage Design Group, dated June 25, 2004, last revised on December 13, 2004, motion carried unanimously.
Other Business:
The Planning Board will meet with the Board of Selectmen on Tuesday, August 25, 2009, at 8:00 p.m., for the purpose of selecting an alternate member to the Board.
Adjournment:
Motion to adjourn by Jeffrey Markarian, seconded by Gary Schold, motion carried unanimously. Meeting adjourned at 9:45 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST
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