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Planning Board Minutes 09/13/2010
The regularly scheduled meeting of the Millbury Planning Board was held on Monday, September 13, 2010, at 7:15 p.m. in the Municipal Office Building, 127 Elm Street, Millbury, MA.  Chairman Richard Gosselin presided.

Present:  Anna Lewandowski, Richard Gosselin, Gary Schold, Paul Piktelis, Associate Member Edd Cote.

Absent:  Jeffrey Markarian

7:15 p.m.       ANR – Park Hill Village

Motion by Gary Schold, seconded by Paul Piktelis, to endorse the ANR plan entitled “Plan of Land in Millbury, Massachusetts, Date:  July 12, 2010, Scale 1” = 50’”, last revised on September 9, 2010, prepared for S.M.T. LLC, 12 Dudley Road, Mendon, MA, prepared by Guerriere & Halnon, Inc., 1031 Providence Road, Whitinsville, MA  01588, motion carried unanimously.  

7:25 p.m.       Valois Definitive Plan Endorsement

Motion by Gary Schold, seconded by Paul Piktelis, to approve the Definitive Subdivision Plan entitled “Definitive Subdivision Plan on South Oxford Road in Millbury, MA, owned by Eugene R. Valois, Trustee of the Alice L. Despard Irrevocable Residence Trust and Paul J. Valois”, dated September 13, 2010, prepared by Andrews Survey & Engineering, Inc., PO Box 312, 104 Mendon Street, Uxbridge, MA 01569, motion carried unanimously.

7:30 p.m.       2 Mayfair Drive Multi-family Special Permit Public Hearing

Clerk Gary Schold read the public hearing notice.

Robert Murphy was present on behalf of the applicant.  

Richard Gosselin requested iron pipes at all corners, 83 datum, elevations at 88 datum, foundation and first floor elevations be shown on the plan.

Town Planner Connors stated that it is required that  6” of loam be used, this should be revised on the plan.

There was no public comment.

Motion by Gary Schold, seconded by Edd Cote (voting member in the absence of Jeff Markarian) to continue the public hearing to September 27, 2010 at 8:00 p.m., motion carried unanimously.

7:55 p.m.       ANR – Miller Access Road

Parcel A on the plan is to be conveyed to the adjacent owner, Joseph Miller. Jim Smith, Land Surveyor was present.

Ms. Connors advised that the roadway leads to Wheelabrator, it was created through the definitive subdivision plan process, it is a legitimate road, without a name.

Bob Miller stated that the 30’ easement on the plan was originally for access to the back of the property.  When Wheelabrator came in the road went in the easement was no longer necessary.

Motion by Gary Schold, seconded by Anna Lewandowski, to endorse the ANR plan entitled “Plan of Land in Millbury, MA, owned by Robert P. Miller & Diane I. Miller”, Scale 1” = 40’,  Dated:  August 23, 2010, prepared by Tauper Land Survey, Inc., 5 Wheelock Street, Oxford, MA 01540, motion carried unanimously.

8:00 p.m.       Discuss Completion of Jessica J. Drive, Rollie Shepard Acres & Haynes Acres Subdivisions

Town Planner Connors advised the Board that all three of these subdivisions were built
by the same developer (Miles).  They are very old, one back to 1989, and none of them
have been completed.  Surety bonds have expired, there is no performance guarantee.  

Therefore, the town and the developer have entered into negotiations in an attempt to have them completed and accepted at town meeting.  The Board referred to three letters from the DPW Director, John McGarry, dated April 16, 2010, which outlined the minimum standards acceptable for road acceptance at these developments.  

Mr. McGarry reviewed his proposal.  Mr. Gosselin was unhappy with the number of monuments at Haynes Acres.  Mr. Vigneau reminded the Board that there were additional Mass Highway Bounds on line with Lt. Haynes Drive.  Mr. McGarry identified what appeared to be a sink hole on Jessica J. Drive, but reminded the Board that this roadway is 20 years old.

Town Planner Bob Spain spoke on behalf of the compromise and strongly recommended approval by the Planning Board.  

As-Built plans will be reviewed by the town’s engineering firm, Tighe & Bond, and they will conduct one site visit.  The cost estimate is $886, to be paid by the developer.  Work would begin immediately to comply with the October 30th deadline for submission for town warrant.  



Motion by Gary Schold, to approve the certificate of completion for Jessica J. Drive Subdivision, Haynes Acres Subdivision and Rollie Shepard Acres Subdivision, developer: Zanadu, Inc., as outlined in three memos from DPW Director, John McGarry, dated April 16, 2010, seconded by Anna Lewandowski (for discussion).  Vote:  2-2-0.  Anna Lewandowski and Paul Piktelis were opposed, stating that they did not have sufficient time to review the proposal, which was just submitted to them this evening.  Motion failed.

Motion to reconsider the previous motion by Gary Scold, seconded by Anna Lewandowski, motion carried unanimously.

The Board will add this discussion item to its September 27, 2010 agenda at 8:00 p.m.  

8:55 p.m.       Cronin Brook Heights – Discussion of Construction Timetable

Chuck DeDoming was present and advised that he purchased this subdivision at foreclosure auction on August 31, 2010.  He dug up the sink hole today, the engineer was present, it was backfilled and compacted, everything was stable and dry.

Ms. Connors advised that the area from the sink hole to the top of the hill is to be removed, other areas to be repaired, they will be marked to denote the limits.  The engineer has advised that the bottom of Cronin Brook way can be saved, the developer can just do a shim there.  Mr. DeDoming will clean and repair catch basins.

Clerk Schold read e-mail dated September 13, 2010 from Mark Elbag, Tighe & Bond, regarding the sink hole observations, curbing and sidewalks on Braney Road.  Mr. DeDoming will also finish approximately 100’ along Braney Road.

Sharon Kolis, 1 Taft Circle, asked about streetlights and plowing.  Mr. DeDoming stated that he actually did the plowing last year and he will continue to do so.

The Board will continue this discussion on September 27, 2010 at 8:15 p.m.

9:10 p.m.       32 Grafton Street – Windle Property
        Norman Gaboriault (abutter) to give feedback on buffer

Preservation of the buffer zone is a condition of approval for the special permit that was issued to Mr. Windle.  The vegetative buffer has been removed, as well as three out of four very large pine trees.  Mr. Gaboriault explained that he paid to have the trees removed, two of them were his, the others were Windles.  He is the abutter to the site, and wanted the trees removed, two were rotted, one was leaning.  Mr. Windle gave him truck access now, before the site was developed.  He was going to remove the stumps and grade the properties, and this is satisfactory to Mr. Gaboriault.  He does not want a fence, and is happy that this area has been cleaned up.



Mr. Windle will be required to plant 15 white pine trees and four maple trees to replace the vegetation which was removed.  This was approved by the Planning Board, and the location of the plantings will be at Mr. Windle’s discretion, as long as he works with the abutter.

9:20 p.m.       Review & Approval of Revised Site Plan for 19 Lake Street

The Planning Board gave its final approval of the plan and a building permit can now be issued.

Other Business:

October Meeting Schedule:  Motion by Anna Lewandowski, seconded by Gary Schold to hold one meeting in October, on October 18, 2010, due to the Columbus Day holiday.  Motion carried unanimously.

Minutes:

Motion by Anna Lewandowski, seconded by Paul Piktelis, to approve the minutes of August 16, 2010, with corrections to pages 4 and 6, motion carried unanimously.

Automatic Permit Extensions:

Ms. Connors advised that the Attorney General’s office has approved an automatic two year extension of time for completion, for all permits which were issued during the time period from August 18, 2008 to August 18, 2010.  She will obtain more information on this for the Board.

Adjournment:

Motion to adjourn by Paul Piktelis, seconded by Gary Schold, motion carried unanimously, meeting adjourned at 9:40 p.m.

Respectfully submitted,


Susan M. Dean






ATTEST:

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