The regularly scheduled meeting of the Millbury Planning Board was held on Monday, August 16, 2010, at 7:15 p.m., in the Municipal Office Building, 127 Elm Street, Millbury, MA. Chairman Richard Gosselin presided.
Present: Gary Schold, Richard Gosselin, Anna Lewandowski, Paul Piktelis, Associate Member Edd Cote
Absent: Jeffrey Markarian
7:15 p.m. 58 South Oxford Road Public Hearing
Clerk Gary Schold read the public hearing notice.
Mr. Paul Valois was present. Parcel A on the plan, marked as a non-buildable lot, is to be transferred from the Alice L. Despard Irrevocable Residence Trust to Paul J. Valois. No new lot will be created.
Motion by Gary Schold, seconded by Paul Piktelis, to close the public hearing. Motion carried unanimously.
Motion by Anna Lewandowski, seconded by Paul Piktelis, to waive 47.46 of frontage for 54 South Oxford Road, motion carried unanimously.
Motion by Anna Lewandowski, seconded by Paul Piktelis, to waive 48.08 feet for South Oxford Road, motion carried unanimously.
Motion by Anna Lewandowski, seconded by Paul Piktelis, to waive the requirements of a definitive plan under Section 5.3 of the Town of Millbury’s Subdivision Rules & Regulations. The plan shall only meet the application requirements for ANR Plans (Section 4), motion carried unanimously.
Motion by Anna Lewandowski, seconded by Paul Piktelis, to grant a Certificate of Approval for the Definitive Plan entitled “Definitive Subdivision Plan on South Oxford Road in Millbury, MA”, dated July 22, 2010, prepared by Andrews Survey & Engineering, Inc., 104 Mendon Street, Uxbridge, Massachusetts, subject to Condition “a”, installation of iron pipes at intersection of lot lines, prior to endorsement of plan. Motion carried unanimously.
7:30 p.m. Park Hill Modification to Special Permit Public Hearing and ANR
Clerk Gary Schold read the public hearing notice.
Steven Greenwald, Esquire, representing the homeowner’s association and the developer, advised the Board that this application is an effort to resolve a property dispute.
When the plan was approved, two open space parcels were created. Subsequently, one abutter filed an adverse possession claim for a portion of lot 19 and open space #2. This modification is an attempt to resolve this issue, by re-configuring lot 19 so that it conforms to the current regularity factor and resolves the property line dispute with the neighbor.
Ms. Connors asked about the propane gas tank that appears to be located within the open space parcel, and recommended its removal.
Mr. Greenwald stated that it does not encroach into the open space, that his engineer measured it as being ½ foot from the boundary line.
Mr. Gosselin wants monuments at the corners (or iron pipe or drill holes where appropriate). He cannot mathematically close the lot.
Mr. Schold wants the exact location of the gas tank depicted on the plan.
Motion by Anna Lewandowski, seconded by Paul Piktelis, to close the public hearing. Motion carried unanimously. Associate Member Edd Cote was a voting member in the absence of Jeffrey Markarian.
Motion by Gary Schold, seconded by Anna Lewandowski, to grant a Modification to the Open Space Community Special Permit for Park Hill Village so as to reconfigure the boundaries of Open Space #2R as shown on the plan entitled “Plan of Land in Millbury, Massachusetts”, dated July 12, 2010, last revised August 13, 2010, prepared by Guerriere & Halnon, Inc., 1031 Providence Road, Whitinsville, MA subject to conditions a – c, as amended, which requires relocation of the gas tank prior to Plan approval. Motion carried unanimously. Associate Member Edd Cote was a voting member in the absence of Jeffrey Markarian.
Minutes
Motion by Anna Lewandowski, seconded by Paul Piktelis, to approve the minutes of July 19, 2010, motion carried unanimously.
8:00 p.m. 10 Latti Farm Road Public Hearing, cont.
David Kelly, Campanelli Development, was present to address the Board. Some revisions to the plan have been made. A 6’ stockade fence approximately 140 feet in length has been added to serve as a buffer between the residential and industrial uses.
Mr. Gosselin wants all corners staked and monuments shown on the plan, the sewer line to be tied in mathematically and the sewer easement shown on the plan and recorded.
Chairman Gosselin opened the meeting to the public.
Scott Mueller, 8 Primrose Lane wanted to see where the fence was to be located. He would like it to be positioned so that no one will be able to go around it to get through to the other side. Mr. Kelly stated that he would work with him on this issue to make it satisfactory to the neighborhood.
Motion by Gary Schold, seconded by Paul Piktelis to close the public hearing. Motion carried unanimously. Associate Member Edd Cote was a voting member in the absence of Jeffrey Markarian.
The Board will require a copy of the recorded sewer easement and the installation of iron pins at all lot corners, or in instances where they cannot be installed because of ledge or some other factor, a drill hole may be substituted.
Waivers:
Motion by Anna Lewandowski, seconded by Paul Piktelis, to grant a waiver from Millbury Zoning Bylaws Section 12.44 ( c ) – isometric line drawing, motion carried unanimously. Associate Member Edd Cote was a voting member in the absence of Jeffrey Markarian.
Motion by Gary Schold, seconded by Paul Piktelis, to grant a partial waiver from Millbury Zoning Bylaws Section 12.45 ( o ) – curbing. Cape cod berm shall be installed around the perimeter of all new driveways and parking areas. The cape cod berm that surrounds existing paved areas that will be overlayed shall be replaced. Motion carried unanimously. Associate Member Edd Cote was a voting member in the absence of Jeffrey Markarian.
Motion by Anna Lewandowski, seconded by Paul Piktelis, to grant a partial waiver from Millbury Zoning Bylaws, Section 12.45 (q) – parking area requirement. The minimum interior landscaping requirement of 25% shall be partially waived. The applicant shall preserve and maintain existing vegetation and plant trees as depicted on the Layout and Landscaping Plan (Sheet 4). Motion carried unanimously. Associate Member Edd Cote was a voting member in the absence of Jeffrey Markarian.
Motion to grant a special permit under Article 1, Section 12.4 of th Zoning Bylaw and a Post-construction stormwater management permit under Section 16-3 of the General Bylaws as depicted on plan entitled “Site Development Plans for 10 Latti Farm Road, Millbury, Massachusetts dated June 1, 2010, last revised August 13, 2010, prepared by Kelly Engineering Group, O Campanelli Drive, Braintree, MA, the Site Photometric Plan dated June 4, 2010, prepared by RKB, 0 Campanelli Drive, Braintree, MA, subject to conditions a – n as amended. Motion carried unanimously. Associate Member Edd Cote was a voting member in the absence of Jeffrey Markarian.
8:20 p.m. Eastview Acres – Approval of Homeowner’s Association documents
Motion by Gary Schold, seconded by Paul Piktelis, to approve the documents entitled “Eastview Acres Trust”, “Grant of Easements and Restrictions” and “Deed” for the Eastview Acres Subdivision as reflected in the Town Planner’s email dated August 11, 2010. Motion carried unanimously.
8:25 p.m. Cronin Brook Heights Update and Performance Guarantee Discussion
Foreclosure was originally scheduled for July, however after being threatened by legal action against the new mortgage holder it has been postponed to August 20, 2010. Town Planner Connors met with the some of the owners, the mortgage holder, Chuck DeDoming, and the attorney at the site. If Mr. DeDoming becomes the owner of the property he expects to begin emergency construction, addressing the sink hole and the town’s engineer will be present when it is opened up.
Ms. Connors advised Mr. Piktelis that he will have to step down from the Board during any discussion on this subdivision.
Motion by Anna Lewandowski, seconded by Gary Schold, to allow emergency construction in the area from the top of Diana Hill Drive to Braney Road, and the unfinished portion of the roadway. Motion carried on a 3-0-0 vote. Mr. Piktelis was not a voting member.
8:30 p.m. 19 Lake Street, Public Hearing, cont.
Clerk Schold read letter from abutter, Kathy Foster, in support of this application.
David Perham was present.
Mr. Gosselin advised that the datum notations referencing CMRPC were not sufficient as a level of accuracy. Contours on the plan run through the retaining walls and have not been depicted correctly.
Mrs. Lewandowski believes that this application for an accessory dwelling is really creating a second house on the property, it is only 6 feet from the road (even though a variance has been granted), and if a building permit was applied for it would have been denied. It is not within the blueprint of the original house, and if it does actually meet the criteria of the bylaw, then the bylaw should be brought back to town meeting to be revised.
Motion by Gary Schold, seconded by Paul Piktelis to close the public hearing. Motion carried unanimously. Associate Member Edd Cote was a voting member in the absence of Jeffrey Markarian.
Motion by Gary Schold, seconded by Paul Piktelis to waive Section 12.44 (a) of the Millbury Zoning Bylaws – location, type and intensity of lighting. Motion carried on a 4-1-0 vote. Associate Member Edd Cote was a voting member in the absence of Jeffrey Markarian. Mrs. Lewandowski was opposed.
Motion by Gary Schold, seconded by Paul Piktelis to waive Section 12.44 (b) of the Millbury Zoning Bylaws – landscape plan. Motion carried on a 4-1-0 vote. Associate Member Edd Cote was a voting member in the absence of Jeffrey Markarian. Mrs. Lewandowski was opposed.
Motion by Gary Schold, seconded by Paul Piktelis to grant an accessory dwelling permit under Article 1, Section 14.11 (e) and Site Plan Review special permit under Article 1, Section 14.11 (l) of the Millbury Zoning Bylaws, as depicted on site plan entitled “Site Plan Prepared for David A. Perham, 19 Lake Street, Millbury, Massachusetts,”, dated July 30, 2010, prepared by Jarvis Land Survey, Inc., 29 Grafton Circle, Shrewsbury, MA, subject to conditions a – m, as amended. Motion carried on a 4-1-0 vote. Associate Member Edd Cote was a voting member in the absence of Jeffrey Markarian. Mrs. Lewandowski was opposed for the reasons set forth above.
Chairman Gosselin declared a five minute recess.
9:15 p.m. 54 Canal Street Public Hearing
The purpose of this application is to re-develop the property at 54 Canal Street. Clerk Gary Schold read the public hearing notice. Mr. Schold read comment letter from Michelle Desorcy, Aquarion Water Co., stating that a site visit was made, and a new water line is to be tapped for the proposed building.
Hal Choubak, applicant’s engineer was present and gave an overview of the proposal. There will be 25 parking spaces provided, crosswalks, new safety signs, a new 3200 sf building meeting current building codes, an addition of 3,000 sf of landscaping, upgrading utilities, including sewer, water, electric and lighting on property, the existing roofing and façade will match the present building, with improvements, drainage work will exceed DEP guidelines, and curb cuts will remain the same.
Mr. Choubak also advised that applicant will comply with all Tighe & Bond and Town Planner comments.
Mrs. Lewandowski asked if a traffic study was completed (no) and if there would be any impact to the new bridge at Route 122. Ms. Connors advised that there will be no taking necessary there, and that the applicant will be working within its parameters.
Mr. Gosselin would like the datum used to be modified to meet the town’s bylaw.
Ms. Connors advised that Section 33 of the bylaw does not allow parking within 10 feet of the street setback, a variance will be required or one or two of the spaces will have to be moved.
Motion to continue the public hearing to Monday, September 27, 2010, at 7:30 p.m. by Gary Schold, seconded by Paul Piktelis, motion carried unanimously. Member Edd Cote was a voting member in the absence of Jeffrey Markarian.
Other Business – 32 Grafton Street, Windle Landscaping
Mrs. Lewandowski quoted from the Town Planner’s report that Mr. Windle has removed vegetation from the required buffer zone. Mrs. Connors advised that a re-vegetation plan to create a new buffer has been requested, to be received within one week. Mr. Gosselin has concerns with water flow now. He stated that if the plan is not received within the one week period he will ask the Board to require a full set of vegetation plans and a plan for runoff, and the applicant will be required to appear before the Board. Dust control is also required.
Executive Session
Motion by Gary Schold, seconded by Anna Lewandowski, to enter into executive session, for the purpose of discussing pending litigation, and to return to open meeting solely for the purpose of adjournment. Upon unanimous roll call vote, the Board entered into executive session.
Adjournment
Motion to adjourn by Anna Lewandowski, seconded by Gary Schold, motion carried unanimously. Meeting adjourned at 10:05 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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