The regularly scheduled meeting of the Millbury Planning Board was held on Monday, September 14, 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, Paul Piktelis, Associate Member Edd Cote. Member Gary Schold arrived at 7:30 p.m.
7:15 p.m. Hilltop Estates Document Review – Homeowner’s Association
After review and discussion, motion by Jeffrey Markarian, seconded by Paul Piktelis, to accept the Trust, Deed and Grant of Easement and Restrictions, in the form approved by Laura Pawle, town counsel, and forwarded to the Planning Office on September 10, 2009, motion carried unanimously.
7:30 p.m. Member Gary Schold arrives.
Other Business:
Meeting Schedule: The Board agreed to cancel the regularly scheduled meetings for the months of October and November, 2009 and to approve the following meeting dates: Monday, October 19, 2009 and Monday, November 16, 2009.
7:30 p.m. Cronin Brook Heights Subdivision, Public Hearing, cont.
Member Paul Piktelis stepped down.
Ms. Connors advised that a camera inspection of the drain lines was completed by Gustafson Plumbers, Inc., and there is no evidence of any disturbance, pipes are not collecting water.
Mr. McKie was present and advised that three contractors have looked at the site and submitted proposals for completion, one is the original contractor, one was recommended by Ms. Connors, and one additional one. Work will be completed to almost the last driveway on Diana Hill Road, approximately 75 – 80 feet short of being able to enter onto finish course pavement.
Chairman Gosselin opened the meeting to the public.
Jared Jones, 7 Cronin Brook Way, expressed concerns with the ability of the developer to plow the roads in the winter, safety of children and bus stops, and asked that the Board try to get the subdivision completed.
Mark Lomantire, 4 Taft Circle, asked why the streetlights have no power again, sidewalks and curbing have caved in, drainage is not working, why doesn’t the town have enough money for road repairs, lots are getting released, including the last one on Taft Circle, and houses have been sold, where did the money go?, curbs have been re-set three times and they are still not right, current estimates for completing work should be obtained, trash has been left on site, is the town going to be left with this mess? He asked if a lien could be attached to the lots held in the covenant. Will there be a timeline set to complete the project if it is extended?
Mr. McKie said the lights have been turned off because he does not have the money to pay for them. Ms. Connors explained that the Board has three new estimates to complete a portion of the work, and that no lots have been released since December of 2008.
Mark Avila, 1 Diana Hill Dr., advised that his driveway also has a sink hole, and that the edge remains unfinished, it has been two years.
Thorton Darling, 12 Cronin Brook Way, complained that the developer does not complete the work properly, asked if the money to be released from the Tri-Party Agreement would go directly to the contractor, and can the money from the Tri-Party be taken because of the pending litigation against the developer.
Ms. Connors explained that the contract will be between Mr. McKie and the contractor, the Board will not release any money until the work is complete and inspected.
Mrs. Lewandowski stated that barriers were placed around the sink hole, and identified this as a major concern. She reminded the Board that the permit for this subdivision expired in June.
Ms. Connors advised that if the Board does not want to extend the deadline for completion it will have to go after the money in the Tri-Party Agreement, pay prevailing wage to contractors and this will drive up the cost. She has been advised by the bank that they will not take on the completion of the project.
Mr. Gosselin advised that the four lots being held would currently have to be sold for $33,000 each just to finish the project.
Mr. McKie told the Board that he has a signed affidavit from the former Planner, Steve Bishop, stating that the cap for sidewalk work on Braney Road was set at $15,000, he has already spent two – three times that amount trying to work this out.
Richard Romaine, 9 Cronin Brook Way, asked who would be responsible for winter plowing and maintenance if the work is not completed by then.
Ms. Connors will discuss this with the DPW Director, in that case the roads would be maintained by the town, and the developer would be billed for the work. However, the decision rests with the Board of Selectmen. She also spoke with the Director to see if he would be willing to conduct the necessary site inspections so that they would have more money for completing the project, saving the cost of hiring Tighe & Bond. He agreed. Mrs. Lewandowski believes that there would be a conflict if the DPW Director performs the inspections. She does not want the town to be doing work for the developer.
Ms. Connors advised that work will only be completed to the handicap access ramp on Diana Hill Dr. Kelly Maguire, 6 Diana Hill Dr. was upset as she is the last house on the road, and work will remain incomplete in front of her house.
Ms. Connors advised the Board of the following three estimates for work:
- Mad Dog Construction (Mark Kitner, present contractor) - $115,730
- Woodbridge Construction (developer of Village at Coldbrook, holds option on Mangano Estates) - $118,500
- RH Hammond (independent estimate, referred by Grafton Town Planner) - $137,615, but does not include petrotrack reinforcement, patches, and driveway aprons which cannot be priced out.
As-built plans will cost approximately $13,000 over these estimates.
Tony Tyan, 4 Cronin Brook Way asked the Board to take a vote and move forward. He asked when the roads would be accepted by the town.
There was no further public comment.
Motion by Anna Lewandowski, seconded by Jeffrey Markarian, to close the public hearing, motion carried unanimously.
Motion by Jeffrey Markarian, seconded by Gary Schold, to extend the completion date for the construction of infrastructure and services for Section 1, Section 2, Section 3(a) and Section 3(b) to station 4+50 until December 15, 2009, and the remainder to be completed by November 15, 2010. Sections are as defined in the Tighe & Bond Probable Construction Cost Estimate dated December 8, 2008. Loaders cannot load trucks prior to 7:30 a.m. Motion carried unanimously.
Town Planner Connors will prepare a formal release for the next Board meeting, which will be held until work has been completed and inspected. Mr. McKie will use Woodbridge Construction to complete the work.
Discussion regarding the Braney Road sidewalk took place. Mr. McKie would like to be released from this requirement because he does not believe it can be constructed, and it will keep any developer from wanting to purchase the lots held in covenant.
The Board could not agree on the sidewalk. Mrs. Lewandowski and Mr. Schold did not want the sidewalk completed, stating that the residents there did not want it based on their prior comments, the developer does not have any money to construct it, and there is not enough land available there to build it.
Mr. Gosselin and Mr. Markarian do not want to waive this requirement. They believe it would open the town to liability. Ms. Connors does not believe that it will.
Motion by Gary Schold, seconded by Anna Lewandowski, to waive the sidewalk requirement on Braney, motion failed on a 2-2-0 vote. Mr. Gosselin and Mr. Markarian were opposed.
The Board will seek opinions from Town Counsel (asking for prevailing case law if it exists) and the Town Manager, Mr. Spain.
The Board will continue this discussion at its meeting on Monday, September 28, 2009.
Member Paul Piktelis returned to open meeting.
Minutes
Motion by Anna Lewandowski, seconded by Paul Piktelis, to approve the minutes of July 27, 2009, with one correction to page 2, motion carried unanimously.
Motion by Anna Lewandowski, seconded by Paul Piktelis, to approve the minutes of August 24, 2009, with corrections to pages 1 and 2, motion carried unanimously.
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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