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Planning Board Minutes 11/16/2009

The regularly scheduled meeting of the Millbury Planning Board was held on Monday, November 16, 2009, at 7:00 p.m., at the Municipal Office Building, 127 Elm Street, Millbury, MA.  Chairman Richard Gosselin presided.

Present:  Jeffrey Markarian, Richard Gosselin, Paul Piktelis, Anna Lewandowski, Associate Member Edd Cote

Absent:  Gary Schold

Minutes

Motion by Anna Lewandowski, seconded by Jeffrey Markarian, to approve the minutes of October 19, 2009, motion carried unanimously.

7:25 p.m.       Revisions to Subdivision Rules & Regulations

Mrs. Lewandowski suggested that applicants who request an extension of time to complete a subdivision be required to comply with current subdivision regulations.  She would like to see this in the form of a bylaw.

The Board will continue to discuss proposed revisions later in the evening.

7:30 p.m.       Clearview Estates Public Hearing – Construction Deadline Extension

Jeffrey Markarian read the public hearing notice.

Attorney Peter Keenan was present to represent the applicant.  Due to current economic conditions, the applicant is requesting an extension of time to January 8, 2015, to complete the subdivision.  Approval has been received from the Conservation Commission, Department of Public Works and Aquarian Water Co.  

Chairman Gosselin opened the meeting to the public.  

Todd Miles, 40 Park Hill, supports the extension and asked that the Planning Board consider requiring the developer to grant access to Parcel F, in the form of an easement.  Town Planner Connors advised that the Board could not consider this request during this public hearing, it can only deliberate on the request for extension of time, no modifications.

John McGarry, DPW Director, stated that he supports the request for extension, however, he would like the Board to consider the following to be required to be completed pursuant to the decision:  intersection improvements, extension of water line and drainage improvements on right side of Park Hill Avenue.


The sewer contract has been closed and Park Hill Avenue has been paved.  The Town still requires drainage improvements.  Mr. McGarry asked the Board to require the completion of this condition during the 2010 calendar year.  

Motion by Jeffrey Markarian, seconded by Paul Piktelis, to grant a modification of the Certificate of Approval of a Definitive Plan dated December 12, 2005, for plan entitled “Clear View Estates, A Definitive Subdivision Plan in the Town of Millbury, Massachusetts”, dated June 10, 2005, revised through November 1, 2005, prepared by Heritage Design Group, to grant an extension to January 8, 2011.  Motion carried unanimously.

8:15 p.m.       Brierly Pond II – Bond Reduction Request

John Burns was present, along with five trustees of the condominium association.  As-built plans have been ordered, guard rails have been ordered and installation will begin next week  The condominium association would like the Board to eliminate the line striping of the parking areas.  

Six street trees are missing, however, additional shrubs have been planted at the clubhouse, there are adequate trees there.  Mr. Burns would like to use the $21,000 designated for shrubs around the detention pond for other items within the condominiums.  

Mr. Piktelis asked how much water the detention pond usually held after a storm. Cliff Butts, Chairman of the Board of Trustees, stated that there might be a couple of feet that lasts maybe 3 to 4 hours.  The association will have it cleaned once a year.  Town Planner Connors recommended the shrubs, they provide safety and are aesthetically pleasing.  

Frank Iandala, 21 Horne Way, commented that the shrubs would make it difficult to maintain the basin.  

Motion by John Markarian, seconded by Paul Piktelis to approve a minor modification to the Open Space Special Permit, plan entitled “Brierly Pond Village, An Adult Living Community in the Town of Millbury, Massachusetts”, dated April 23, 2001, and last revised on July 27, 2001, eliminating the requirement for six street trees and parking line striping, with the exception of the handicap designated areas.  Motion carried unanimously.

Board members agreed to conduct independent site visits of the seven detention ponds.  Mr. Burns will provide a location plan.

Motion by Jeffrey Markarian, seconded by Anna Lewandowski, to reduce the Tri-Party Agreement dated August 21, 2002 by the amount of $57,104, leaving the sum of $86,800 remaining for completion, motion carried unanimously.
Regarding Brierly Pond II:  the Board notified Mr. Burns that waste materials have been dumped on Ashton Lane.  Mr. Burns will look into this.

Chairman Gosselin declared a five minute recess.

Other Business:

  • The Board cancelled its meeting on December 28, 2009, due to the Christmas holiday.
Revisions to Subdivision Rules & Regulations, cont.

At its next meeting the Board will discuss compliance with current Subdivision Rules & Regulations when an applicant requests an extension of time for completion.

Discussion:  Memo from Aquarion Water Company requesting protection of wellhead through Zoning Bylaw

The Board has been asked to assist the Town of Auburn in protecting its water supply through the adoption of a zoning bylaw to protect the wellhead water supply, and in return they will do the same for Millbury.

The Board supports this request and asked the Town Planner to check with Worcester to see if they have a bylaw in place, and to work with Aquarion Water Company to  accomplish this.

Adjournment

Motion to adjourn by Jeffrey Markarian, seconded by Paul Piktelis, motion carried unanimously.  Meeting adjourned at 9:35 p.m.

Respectfully submitted,

Susan M. Dean

ATTEST:
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