The regularly scheduled meeting of the Millbury Planning Board was held on Monday, September 28, 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, Gary Schold, Paul Piktelis, Jeffrey Markarian, Associate Member Edd Cote.
7:15 p.m. Cordis Mills Minor Modification – Lighting
Applicant is proposing the addition of three lights, one by the front sign, one at the main entrance – spotlight for the flag, and one in the rear for the fire lane and dumpster (which will be on a sensor and will be shielded from the neighbors).
Motion by Jeffrey Markarian, seconded by Paul Piktelis, to approve the modification to the Site Plan entitled “Cordis Mills Re-Development in Millbury, Massachusetts”, dated November 29, 2001, last revised on March 11, 2002, sheet 9, “Lighting Plan”, to include the installation of three additional lights, locations and specifications as shown on the “Cordis Mills Lighting Installation Specifications” for 65 Canal Street, Millbury, MA, received by the Planning Department on September 15, 2009. Motion carried unanimously.
Minutes
Motion by Anna Lewandowski, seconded by Gary Schold, to approve the Executive Session minutes of July 27, 2009, motion carried unanimously.
Motion by Anna Lewandowski, seconded by Jeffrey Markarian, to approve the minutes of September 14, 2009, with corrections to pages one and two, motion carried unanimously.
Fee Schedule
The Board discussed a revision to the Fee Schedule, to include a filing fee for a Modification of a Definitive Plan, Request for Extension to Complete. Presently there is no filing fee. A modification to a special permit for that purpose would require a fee of $300.
Motion by Jeffrey Markarian, seconded by Gary Schold, to modify the Fee Schedule to include a Definitive Subdivision Plan Extension to Complete filing fee of $300.00, motion carried unanimously.
7:30 p.m. Etre, 26 Leslie Lane, Multifamily Special Permit Public Hearing
Clerk Jeffrey Markarian read the public hearing notice and letter dated September 10, 2009, from Fire Chief Belsito, which requires smoke and carbon monoxide detectors, and house numbering.
Karen Etre was present and advised the Board that the second apartment was already there when she purchased it. She is trying to make this a legal, two-family residence.
The Board discussed the waiver requests. Mr. Gosselin asked the Board to consider denying the requests for omitting the 83 datum and boundary markers. The Board agreed that they would like to see this information on the plan.
There was no public comment.
Motion by Anna Lewandowski, seconded by Paul Piktelis to continue the public hearing to October 19, 2009, at 7:30 p.m., motion carried unanimously.
7:55 p.m. 5 Turning Leaf Lane, Release of Covenant – Show Subdivision
Attorney Eric Lomas, representing the Title Insurance Company, was present. He distributed an information package to the Board. A subdivision was previously approved in 1973, but was never completed. In 1999 the subdivision plan for Village of Coldbrook was approved. Easements from the first plan now run through homes which have been built, and covenants remain, which must be released. Attorney Lomas told the Board that the 1999 plan was treated as a new submittal, not a modification of the earlier plan. Ms. Connors advised that she has referred this matter to town counsel for his opinion.
The Board will wait for town counsel’s opinion and will continue this to its next meeting.
8:15 p.m. Cronin Brook Heights – Update and Discussion Concerning Braney Road Sidewalk
Town Manager Bob Spain was present to express his concerns with the amount of surety left, the sink hole issue and questioned what benefit the covenant was to the town.
He will not give permission to use the DPW Director for engineering review as this will place an unfair burden on him and he does not want to set a precedent for other developers. He will not recommend that the town vote to accept the roadways at the next town meeting. He would like the Board to consider Tighe & Bond’s recommendation to require a complete reclamation of the roadways, the town does not have the extra funds for maintenance. Going forward, he would like the Board to keep the 20% contingency funds, even on the amounts for items completed, in case there are repairs to be made. He was told by town counsel that he could not place a lien on the lots held in the covenant.
Mrs. Lewandowski asked if a lien could be placed on Lot 1, there is someone renting the house now, but it is still owned by Bob McKie. Mr. Spain did not ask town counsel about that lot, but when he asked about placing a lien on two lots which were already released by the Board, he said he could not.
Mr. Spain asked the Board not to release the lots under covenant, and to keep any remaining money (from the Tri-Party Agreement). Worry about the as-built plans later. He also asked them not to rush into building sidewalks along Braney Road. He would rather have the street repaired instead of the sidewalk. He is not convinced that a sidewalk is necessary there, it would be on the low end of his priority list.
Ms. Connors advised that Tighe & Bond and Chuck DeDoming are available to do a walk through tomorrow, if the Board gives her permission. The Board agreed, the developer will be billed for the inspection, and major work areas will be addressed in order. Mrs. Lewandowski stated that the majority agrees, but it will not be unanimous, as she does not agree with this course of action.
Other Business:
- Amendments to the Subdivision Rules & Regulations will be discussed at the next meeting.
- Ms. Connors advised that the Planning Board is scheduled to appear before the Charter Commission at 8:00 p.m. on October 29, 2009.
Adjournment:
Motion to adjourn by Jeffrey Markarian, seconded by Paul Piktelis, motion carried unanimously. Meeting adjourned at 9:20 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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