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The regularly scheduled meeting of the Millbury Planning Board was held on Monday, December 14, 2009, in the Municipal Office Building, 127 Elm Street, Millbury, MA, at 7:15 p.m. Chairman Richard Gosselin presided.
Present: Jeffrey Markarian, Richard Gosselin, Anna Lewandowski, Paul Piktelis, Associate Member Edd Cote
Absent: Gary Schold
7:15 p.m. 5 Turning Leaf Lane – Release of Covenants & Plan
Attorney Eric Lomas was present and explained that a 1973 plan is on record with the Registry of Deeds for the subdivision now known as the Village at Coldbrook, and asked the Board to sign a release of covenants and plan. Town counsel has reviewed the documents and has approved them.
Motion by Jeffrey Markarian, seconded by Paul Piktelis, to confirm that the Plan of Land entitled “Definitive Plan in Millbury, Massachusetts”, which the Planning Board approved on July 19, 1999 (hereinafter “1999 Plan”) and was recorded with the Worcester County Registry of Deeds as Plan No. 2 in Plan Book 745, constituted a re-subdivision of a portion of land shown on a previous subdivision plan entitled “Plan to Show Subdivision in Millbury, Massachusetts, Owned by George & Anthony Kowszik,” dated February 12, 1973, and recorded in the Worcester South District Registry of Deeds in Plan Book 388, Plan 89 (hereinafter “1973 Plan”),and that the 1999 Plan was not an overlay or amendment of the earlier 1973 Plan, leaving the 1999 Plan as the definitive plan for the plots
of land in Millbury laid out in both the 1973 Plan and 1999 Plan. Motion carried unanimously.
Motion by Jeffrey Markarian, seconded by Paul Piktelis, to approve the Release of Covenant dated September 14, 1973 and recorded in the Worcester South District Registry of Deeds in Book 5384, Page 280, and to release from the restrictions lots 7,8,9,11,15,16,17,18,19,20,21,22,23,24,25,26,27,28,29,30,31,32,33,34,35,36,37,38,48,49,50,51,52,53,54, 55,56,57,58,59 and 60, motion carried unanimously.
7:30 p.m. Clearwire Technologies Public Hearing
Jeffrey Markarian read the public hearing notice.
David Hoogasian was present on behalf of Clearwire Technologies. The applicant wants to co-locate and mount three sector antennae and three backhaul antennae within the existing pole located at 93 Worcester-Providence Pike. No new tower is proposed. This will be used for broadband service, which provides internet access.
There was no public comment.
Motion to close public hearing by Jeffrey Markarian, seconded by Paul Piktelis, motion carried unanimously. Associate Member Edd Cote was a voting member in the absence of Gary Schold.
Motion by Jeffrey Markarian, seconded by Anna Lewandowski, to approve the Wireless Communications Special Permit under Article 1, Section 14.11 (o) and Article 2, Section 27, to co-locate on an existing pole located at 93 Worcester-Providence Pike, as depicted on Site Plan entitled “Clearwire Technologies, Inc., Site Name: SBA Flagpole MA 08741, Site Number MA-WOR5103A, 93 Worcester-Providence Turnpike, Millbury, MA 01527, dated October 26, 2009, prepared by Chappell Engineering Associates, LLC, 201 Boston Post Road West, Suite 301, Marlborough, MA, 01752, consisting of 8 sheets. Motion carried unanimously.
8:00 p.m. Watson Estates Public Hearing – Construction Deadline Extension
Clerk Jeffrey Markarian read the public hearing notice, and MLN McCracken’s letter requesting a three year extension. The Board began debate, and was considering a one year extension.
John Caron, 5 Atwood Avenue, stated that one year was not feasible in this economy, two years would be a more realistic compromise.
There was no other public comment.
Motion to close the public hearing by Jeffrey Markarian, seconded by Paul Piktelis, motion carried unanimously.
Motion by Jeffrey Markarian, seconded by Paul Piktelis to grant a modification of the Certificate of Approval of a Definitive Plan dated February 26, 2007, concerning a plan entitled “Definitive Subdivision of Watson Estates, McCracken Road Millbury, Massachusetts” dated December 8, 2006, revised through February 13, 2007, prepared by Jarvis Land Survey, Inc., 29 Grafton Circle, Shrewsbury, MA and Land Planning, Inc., 214 Worcester Street, Grafton, MA, by extending the completion date for the construction of infrastructure and services until February 26, 2011. Motion carried unanimously.
Chairman Gosselin declared a five minute recess.
8:30 p.m. Brierly Pond Village I – Tri-Party Agreement Reduction
John Burns was present to address the Board. Relative to handicap striping of parking spaces within the clubhouse parking lot, Mr. Burns stated that this was not a public development and was not held to the same standards. One space is required, but two are provided here. Ms. Connors added that the Building Inspector is satisfied with this. The Planning Board agreed that the handicap spaces would not have to be striped.
With reference to letter from Tighe & Bond, dated December 14, 2009, Mr. Burns reviewed the following:
- Items 1 – 3 will be submitted.
- Item 4 - Mr. Burns will ask engineer to include
- Item 5 – centerline profile grades, Mr. Gosselin advised that the Board does not need a profile, but add information every 100 feet or so
- Item 6 – already addressed
- Item 7 – as an alternative to monuments placed on ground, add data to plan (Mr. Frank Idalo, Brierly Pond resident, added that the property the town is attempting to acquire already has bounds in place)
- Item 8 – If the piping from the water main to the curb stop is shown on the plan, that will be adequate, if it is not the plan will have to be revised, the same will apply to sewer lines (Item 9)
The Board discussed the request to remove the requirement to plant shrubs around the detention basins. Mr. Burns has offered to work with the Condominium Association and use the money for other things within the condominium project, in an effort to enhance the property.
Motion by Jeffrey Markarian, seconded by Paul Piktelis, to modify the plan entitled “Brierly Pond Village”, dated April 23, 2001, as last revised on July 27, 2001, to remove the parking lot striping requirement for handicap parking spaces at the clubhouse, motion carried unanimously.
Motion by Jeffrey Markarian, seconded by Paul Piktelis, to modify the plan entitled “Brierly Pond Village”, dated April 23, 2001, as last revised on July 27, 200, to remove the requirement for shrubs around the detention basin, motion carried on a 3-1-0 vote, Anna Lewandowski was opposed.
Motion by Jeffrey Markarian, seconded by Paul Piktelis, to reduce the Tri-Party Agreement dated August 21, 2002, by the amount of $23,750, such that the balance remaining will be $63,050, motion carried unanimously.
Worcester Wellhead Protection Regulations: Ms. Connors advised that Worcester does have a wellhead protection district, however the large aquifer in Millbury is not protected. She will ask Worcester if they will include it within their established district.
Minutes
Motion by Jeffrey Markarian, seconded by Anna Lewandowski, to approve the Executive Session Minutes of August 24, 2009, motion carried unanimously.
Motion by Jeffrey Markarian, seconded by Paul Piktelis, to approve the Executive Session Minutes of October 19, 2009, motion carried unanimously.
Cronin Brook Heights: The first deadline for completion is due to expire tomorrow (December 15, 2009). The Board will schedule this for discussion at its January 11, 2009 meeting. Mrs. Lewandowski asked if the Planning Board could attach any money from the sale of houses or from the one being foreclosed on. Ms. Connors advised that she spoke with Town Counsel and did not get an answer, however, property can be taken for tax title.
Executive Session
Motion by Anna Lewandowski, seconded by Jeffrey Markarian, to enter into executive session for the purpose of discussing pending litigation, to return to open meeting for the purpose of adjournment only. Upon unanimous roll call vote the Planning Board entered into executive session.
Adjournment
Motion to adjourn by Edd Cote, seconded by Paul Piktelis, motion carried unanimously. Meeting adjourned at 9:45 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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