The regularly scheduled meeting of the Millbury Planning Board was held on Monday, May 10, 2010, at 7:15 p.m., in the Municipal Office Building, 127 Elm Street, Millbury, MA.
Present: Richard Gosselin, Jeffrey Markarian, Anna Lewandowski, Gary Schold, Paul Piktelis, Associate Member Edd Cote
7:15 p.m. Reorganization
Town Planner Connors accepted nominations for the position of Chair.
Motion by Anna Lewandowski, seconded by Jeffrey Markarian, to nominate Richard Gosselin as Chair. Motion carried unanimously.
Motion by Anna Lewandowski, seconded by Richard Gosselin, to nominate Jeffrey Markarian as Vice-Chair. Motion carried unanimously.
Motion by Paul Piktelis, seconded by Anna Lewandowski, to nominate Gary Schold as Clerk. Motion carried unanimously.
Motion by Gary Schold, seconded by Jeffrey Markarian, to nominate Richard Gosselin as representative to CMRPC. Motion carried unanimously.
The Board completed the Worcester District Registry of Deeds signature forms.
7:30 p.m. Silver Fox Drive Extension, Pre-Application Meeting
Attorney Peter Keenan, Norman Hill from Land Planning, Inc. and Steve Fox, owner, were present.
Attorney Keenan gave an overview of the project. Five lots are proposed, four new lots and the present lot.
Norman Hill addressed the previous issues identified by the Planning Board. The road as extended to the cul-de-sac is less than 1500 feet. The project is on 20 acres, on the opposite sides of the rail line, which runs down the middle. The applicant will ask the town to deed a small area that it owns in exchange for 17 acres on the other side of the tracks. An easement will be provided as an access from the cul-de-sac to the trail, and it can be paved. This will give lot 3 the required legal frontage. Ms. Connors advised that this must be discussed with the Town Manager. Full stormwater design will be submitted. The only waiver to be requested is for sidewalks. He suggested that a 4 foot bike strip be painted on the roadway.
Mr. Schold asked if the railroad still held any rights to that property. Mr. Keenan advised that a title search has not been completed yet.
Mrs. Lewandowski asked if this project would tie into the sewer connection. Mr. Hill said the applicant was considering septic systems, the soil is good and there are limited wetlands.
There is no town water available. It will be a private roadway.
Minutes
Motion by Gary Schold, seconded by Jeffrey Markarian, to approve the minutes of March 22, 2010. Motion carried unanimously.
8:00 p.m. Cronin Brook Heights – Update and Tri-Party Agreement Release
Paul Piktelis stepped down.
Chuck DeDoming was present to address the Board. He will purchase the note and mortgage from the bank, and then foreclose on it If he then becomes the new owner he will repair the road and get ready for the spring. He would replace the tri-party agreement with a passbook account.
Motion by Gary Schold, seconded by Jeffrey Markarian, to approve the Agreement for Security By Deposit between the Millbury Planning Board and Cronin Brook Heights LLC to guarantee the construction of the ways and municipal services serving the subdivision of land shown on a plan entitled “Cronin Brook Heights, Definitive Subdivision in Millbury, Massachusetts, dated December 19, 1999, as amended thereafter, prepared by Meisner Brem Corporation of Harvard MA and recorded at Worcester Deeds Plan Book 787, Plan 32.
Motion by Gary Schold, seconded by Jeffrey Markarian, to approve the Release and Termination of the Tri-Party Agreement dated September 24, 2007 and recorded in Worcester Deeds Book 41356, Page 357, (as revised and initialed, by adding “on such date as may be specified”). Said Tri-Party Agreement is being replaced by An Agreement for Security By Deposit dated May 10, 2010. The Town Planner shall retain said Release in her possession until such time as she receives a bank cashier’s check payable to the Town of Millbury in the amount of $136,200. Motion carried unanimously.
Chairman Gosselin declared a five minute recess.
Paul Piktelis returned to the open meeting.
8:30 p.m. Eastview Acres Performance Guarantee & Road Ownership Discussion
Ms. Connors provided an update on Haynes Acres, Rollie Shepard and Jessica J. Subdivisions, advising the Board that none of them have been completed (they are all subdivisions by the developer of Eastview Acres). She is presently working with the developer, the DPW Director and the Town Manager to reach an agreement to finish them.
Robert Vigneau was present and asked the Board to sign the release of covenant and hold it so that he would not have to wait for the next Board meeting if he was able to get new surety in place before then.
Ms. Connors discussed the purpose of the condition which requires a Homeowner’s Association, and stated that the subdivision was approved as a private road. The developer wants to remove this condition and require only the detention basins and stormwater facilities to be maintained by the association, with everything else, including the roads to be owned by the Town. She told the Board they are working on a resolution to complete the other three subdivisions and as part of the agreement the Board may consider releasing them from this condition.
Attorney Burgoyne was present and stated that the developer viewed this condition as temporary until the Town voted at town meeting to accept the roadways. He also asked the Board to sign the release and have the Town Planner hold it until surety in the amount of $765,000 is in place.
Mr. Vigneau advised that the lots to be release are 15 – 19 and 1-5.
The Board decided it would not sign the release until new surety was actually in place. The next Planning Board meeting is on May 24, 2010. The Board will schedule a 7:30 p.m. agenda time.
9:25 p.m. Grafton Street (Windle Landscaping) Site Plan Review & Stormwater Permit Continuation of Public Hearing
Member Richard Gosselin stated that he has viewed the meeting tape of April 26, 2010, for which he was absent.
Michael Weaver, Guerriere & Halnon responded to comments and reviewed the plans with the Board. He also submitted a waiver request letter to the Board.
Mr. Gosselin asked why the building was to be placed over the existing sewer line. If that is to remain as the proposal he will require spread footings and access doors, or require them to sleeve two pipes on either side as an altenative.
Mr. Weaver advised that he cannot re-direct the sewer line, that there would not be any additional bearing on the lines, and as for potential failure of the line there is a manhole on either side for repair of the lines. The line is approximately 5 feet down.
Mrs. Lewandowski asked what type of fill is above the lines. Mr. Weaver stated that the sewer project was completed about 15 years ago, fill was brought in as part of that project.
Mr. Gosselin also asked if the sewer lines were outside of the easement. Mr. Weaver has discussed this with the Town Planner, a new easement can be provided.
Mr. Gosselin stated that it appears as though there is a dam in the back yard of the neighbor, he suggested a pipe to the detention basin to alleviate this.
Mr. Weaver advised that there were supposed to be two drain lines across the site, which are shown on the as-built plan, but they could not be located. Mr. Gosselin told him to find them.
Norman Gaboriault, 32 Grafton Street stated that he did not have a water problem, but there are other issues there. He told the Board that years ago he told Mr. Miles that the sewer lines were not within the easement.
Mr. Piktelis asked what would be stored on site. Mr. Weaver said it would be products like mulch and cobblestone.
Mr. Gosselin inquired about salt and sand. If he intended to do winter plowing, this would have to be contained. Mr. Weaver responded that there is an area with three walls, one side with a 6”curb, that will be used to retain the materials.
Mr. Gosselin asked the height of the building, if truck would be kept inside (without a sprinkler system). He asked to have the corner monuments replaced, and added if missing. A stop sign should be added at the intersection of the entrance. Mr. Weaver responded that the building is 18 feet in the rear, with overhead doors that are 12’ x 14’.
A new address will be given to the property by the Police Chief.
Mr. Gosselin outlined the main concerns: construction over the sewer line, add a pad mount for the transformer, add a stop sign, prevent water from abutting property at 32 Grafton Street.
The sidewalk and curb waivers were addressed. Mr. Gosselin suggested that the berm should meet Mass Highway Standards, extend for 20 feet, with transition granite.
Motion by Anna Lewandowski, seconded by Paul Piktelis, to continue the public hearing to 8:00 p.m. on May 24, 2010, motion carried unanimously.
Adjournment
Motion to adjourn by Jeffrey Markarian, seconded by Gary Schold, motion carried unanimously. Meeting adjourned at 10:35 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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