The regularly scheduled meeting of the Millbury Planning Board was held on Monday, April 26, 2010, in the Municipal Office Building, 127 Elm Street, Millbury, MA at 7:15 p.m.
Present: Anna Lewandowski, Jeffrey Markarian, Paul Piktelis, Gary Schold, Associate Member Edd Cote.
Absent: Richard Gosselin
In the absence of Chairman Gosselin, Vice-Chair Anna Lewandowski assumed the Chair position for this evening.
Other Business
Cronin Brook Heights: Mrs. Lewandowski asked for a status report. Ms. Connors advised that the bank is ready to sign the mortgage off to another party who will then foreclose on it. Hopefully the new subdivider will move on the issue of the sink hole and also complete the project.
Mrs. Lewandowski asked about the surety. Ms. Connors advised that there is a Tri-Party Agreement in place and that she has attempted to call it in, however the bank will not release the funds. She explained the process necessary to accomplish this, and the proposed alternative that may be offered by the purchaser of the mortgage (passbook savings account surety).
7:30 p.m. Greenwood Street – T-Mobile Co-Location Public Hearing
Clerk Jeffrey Markarian read the public hearing notice.
Glen Casey, representative for T-Mobile discussed the proposal to locate 9 antennae and a 911 GPS antennae at a height of 118 feet on the existing tower. A 15’ x 15’ area will be leased on the ground to house related equipment. He submitted a written authorization from the property owner.
The meeting was opened to the public. There were no comments.
Motion by Jeffrey Markarian, seconded by Paul Piktelis, to grant the special permit to co-locate on the approved wireless communications facility as shown on plan entitled “Greenwood-Crown Millbury-Colo, 428 Greenwood Street, Millbury, MA 01527, Site Number: 4WL1934E”, motion carried unanimously. Associate Member Edd Cote was a voting member in the absence of Richard Gosselin.
Executive Session
Motion by Jeffrey Markarian, seconded by Paul Piktelis, to enter into executive session for the purpose of discussing strategy as it relates to pending litigation. Motion carried on a unanimous roll call vote.
The Planning Board entered into executive session and will return to open meeting in approximately 20 minutes.
8:00 p.m. Patriot’s Place Estates, Major Modification Public Hearing
Clerk Jeffrey Markarian read the public hearing notice.
The developer is requesting an extension of time for completion and the Planning Board is considering rescission of the subdivision.
Attorney Donald O’Neil was present to represent Patriot’s Place owner, AAA Mass Turnpike, LLC. The owner has retained the subdivision as the original developer did not exercise his right to purchase the property. Due to the present state of the economy, the owner does not want to begin construction. Therefore a request for an extension is being sought. Mr. O’Neil brought a covenant for the Board’s consideration.
Chair Lewandowski opened the meeting to the public.
Robert Vallaincourt, 60 Howe Avenue, told the Board that he gets water in his cellar due to the high water table there, and has serious concerns about flooding once construction begins.
Brad Brown, 47 Howe Avenue had the same concern.
Attorney O’Neil explained the purpose of the detention basin and how it should operate.
Mrs. Lewandowski asked about the roadway that appears to lead into the property. (It is used by National Grid). She is also concerned about contamination of town wells and recharge areas, and would like to hear from Aquarion Water Co., no representative was present.
Mr. Vallaincourt is also concerned about the additional traffic, and contamination of wells due to blasting. Ms. Connors stated that as a condition of approval no perchlorate can be used in the blasting process.
Lenny Mort, Juniper Drive, asked if any comments were received from Aquarion Water Co. at the time of the original public hearing.
Motion by Gary Schold, seconded by Jeffrey Markarian, to close the public hearing, motion carried on a 3-1-0 vote. Anna Lewandowski was opposed.
Motion by Gary Schold, seconded by Jeffrey Markarian, to extend the construction deadline for the construction of roadways and associated infrastructure within the Patriot’s Place Subdivision, to August 12, 2011. Motion carried on a 3-1-0 vote. Anna Lewandowski was opposed. She stated as her reasons therefore, the following:
- She would like written clarification from Aquarion Water Co. that the company has no issue with this subdivision
- She is concerned with the contamination of wells, particularly within the last three years, and the potential for contamination of private wells and the town’s well and recharge system, in particular the use of perchlorate and other blasting compounds.
- She is concerned with the 160 foot detention pond along Howe Avenue, removal of trees and the hillside, which is in direct opposition to the town’s preservation of Open Space.
8:45 p.m. Grafton Street – Windle Landscaping & Construction
Site Plan Review and Stormwater Permit Public Hearing
Clerk Jeffrey Markarian read the public hearing notice. He also read the following comment letters:
- Conservation Commission dated April 22, 2010 which advised that this project will be reviewed at its April 21, 2010 meeting, addressing water quality issues. A Notice of Intent will have to be filed. The engineer advised that meeting has been scheduled for May 5th.
DPW Director letter dated April 26, 2010, stating his concerns with placing a structure over an existing gravity fed sewer line, and his recommendations.
Fire Chief letter dated April 20, 2010 outlining his requirements for installation of detectors, and a knox box, and advising the Board that it did not go unnoticed that the design of this building is only 5 square feet short of the footage requiring a sprinkler system.
Mike Weaver, Guerriere & Halnon, reviewed the proposal for the Board and addressed conservation, landscaping and parking issues. Five units will be constructed, two will be used by the applicant, three will be rented. Tighe & Bond have not yet submitted review comments. Mr. Weaver suggested that full foundation drawings be submitted, stamped by a registered engineer, and reviewed by the DPW Director, to address his concerns.
Additional lighting will be added, projecting light downward from the building. A small sign will be installed. There is a 20’ minimum buffer for the disturbance of wetlands. There is excessive beaver activity there. A culvert has backed up, and wetlands were re-flagged.
Waivers will be requested from curbing and sidewalk requirements.
Chair Lewandowski opened the meeting to the public.
Mr. Donnelly, 26 Grafton Street expressed his concern with water runoff issues, as water from Carousel Drive and the nearby veteran’s project already lands in front of his house. This project and paved areas are going to cause more problems, there will be no place for the water to go.
Mike Weaver explained how the water will be directed to the catch basins on site. Mr. Donnelly was very concerned about maintenance of this system. Ms. Connors stated that the special permit will be enforced throughout the life of this project, the property owner will be responsible for the maintenance.
Mr. Piktelis stated his issue with the sewer line. Mr. Weaver suggested lining the pipe in case it burst or cracked.
Mrs. Lewandowski asked what the property address was. She was advised that the Police Chief will work with the Assessor’s Office to determine the street number.
Norman Gaboria, 32 Grafton Street, stated his concerns with his property boundary, there are no property boundary markers, they have been buried. He also asked if the property would require fill. Mr. Weaver said there would be no material removed, and if fill is necessary it would be brought in.
Mr. Valentino, Miles Street, asked about the distance between property owners, and suggested trees and a fence be installed to help buffer the abutters. He also inquired about working hours.
Mr. Piktelis asked about deliveries and storage. Storage bins for mulch and other material will help to contain the products. The turning radius is sufficient to accommodate an eighteen wheeler truck. Light industry, business and construction trades will be considered for the rental space, there will be no manufacturing on the premises.
Curbing was discussed. Mr. Schold agreed that granite can be used at the radius only. Mrs. Lewandowski and Mr. Piktelis do not like the cape cod berm as a substitution.
Motion by Jeffrey Markarian, seconded by Gary Schold, to continue the public hearing to Monday, May 10, 2010 at 9:00 p.m. Motion carried unanimously.
Adjournment
Motion to adjourn by Jeffrey Markarian, seconded by Paul Piktelis, motion carried unanimously.
Respectfully submitted,
Susan M. Dean
ATTEST:
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