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Planning Board Minutes 06/13/2011
The regularly scheduled meeting of the Millbury Planning Board was held on Monday, June 13, 2011, at 7:00 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.       130 Westborough Street ANR Plan

The Board reviewed the submitted plan.  Mr. Gosselin questioned whether the applicant received permission from New England Power to put a driveway through the easement.  All frontage is wetlands.  There are no iron pins at the corners.

Ms Connors is concerned that the creation of this lot might allow Treeline to locate a processing plant there, avoiding site plan review.  She was advised by town counsel Jon Eichman that since this parcel was included within the original one that underwent site plan review, the town would be in a position to successfully fight it.

Motion by Gary Schold, seconded by Paul Piktelis, to endorse the plan entitled “Plan of Property Surveyed for Westboro Road Realty Trust, 130 Westborough Street, Millbury, Massachusetts”, prepared by Jarvis Land Survey, Inc., 29 Grafton Circle, Shrewsbury, MA, dated May 18, 2011, motion carried unanimously.

7:25 p.m.       23 Lincoln Ave. Ext. Definitive Plan Public Hearing

Clerk Schold read the public hearing notice.  David Lavallee, Andrews Engineering reviewed the plan and approval from the Board of Appeals.  He also reviewed his request for waivers.

Mrs. Lewandowski asked what the setback was on the existing house (175’).  Frontage is 100’.

Mr. Gosselin asked if the existing water line was going to be removed.  Mr. Lavallee advised that this is the intent, but would have to be approved by the water company.  He asked how far down Lincoln Ave. Ext. the water lines ran.  Mr. Lavallee responded that they were at least 200’ past this lot.  If the Board considers approval he would like it conditioned on installation of iron pins at the corners, and no building or occupancy permit until a sewer easement, if required, is on record.

Chair Gosselin opened the meeting to the public.

Deborah Carlow, 27 Lincoln Ave. Ext. asked what would happen to her water line, it runs from the street to the cellar at 23 Lincoln Ave. to her house, and the house is going to be demolished.  

Mr. Lavallee said the applicant, Mr. Decaire, will create a new water line outside of the existing house and has made this commitment at the Board of Appeals hearing.  Mr. Gosselin will require this as a condition before the house is taken down.  Mr. Schold also wants the water line located on the plan.  

Mr. Gosselin and the Board agreed that Ms. Carlow’s water line is to be protected from interruption.

Mr. Decaire stated that he promised her he would never shut her water off, he just bought the property and will not take down the house until this issue is resolved.  Mr. Lavallee suggested a temporary easement could be granted, and a permanent easement when the water company indicates where it wants it to be located.  

Richard Valentino, Chair of the Board of Appeals,  asked the Planning Board to include in the condition that this relocation of the line will be at no cost to Mrs. Carlow.

Motion by Gary Schold to continue the public hearing to June 27, 2011 at 7:15 p.m., seconded by Paul Piktelis, motion carried unanimously.  Ms. Connors reminded the Board that she will be on vacation that week.  

Summer Schedule

Motion by Anna Lewandowski, seconded by Gary Schold, to hold the following meetings in summer session (July and August):  Monday, July 18, 2011 and Monday, August 15, 2011.  Motion carried unanimously.

8:00 p.m.       1 – 5 Elm Street Site Plan Public Hearing

Clerk Schold read the public hearing notice.  Attorney Heather Trudell, Brian and Michael Marino, applicants, and Norman Hill, engineer, were  present to represent the applicant, The Westford Group.  Applicant wishes to construct a Dunkin Donuts restaurant, with drive-thru.  Property owners Tim and Sean McLaughlin were also present.  

Mr. Hill advised that there is a meeting scheduled for Thursday, with the DPW Director.  He then gave a general overview of the proposal.  The propane and kerosene diesel fuel station will be eliminated.  The gas station and repair garage will remain.  There will be significant improvement to stormwater management.  No variances will be required, but waivers may be requested at some point.  
Mr. Gosselin asked for iron pipes at the corners of the lot, and an explanation for the sewer line easement.  He believes a drain line easement will also be required.  He asked if the cue line for inspections at the garage will interfere and how will this be controlled.  Suggestions were a fence, reverse entrance to the inspection bay, keep it one direction, mark lanes and signage.   

The traffic engineer will be present at the next meeting.

Chair Gosselin opened the meeting to the public.

Cynthia Burr, 8 Maple Street, Executive Director of the Millbury Improvement Initiative appreciated the efforts to help clean up the Blackstone River , but was concerned with the busy intersection, lots of curb cuts there.  Traffic patterns will change when the bridge is re-opened and she asked at what times were the traffic counts done, recommending they be done on the last two days of the month when the inspection station is the busiest.  She also asked what the outside material of the building is made of (either clapboard or vinyl siding – Mr. Hill stated that it was similar to one in Worcester if Board would like to see it).

Mrs. Lewandowski is concerned with traffic also, and what will be the impact to other businesses in the area.

Motion to continue the public hearing to July 18, 2011 at 8:00 pm by Gary Schold, seconded by Paul Piktelis, motion carried unanimously.

8:40 p.m.       32 Grafton Street Minor Modification & Performance Guarantee

Chris Windle was present to request a minor modification to the special permit.  He would like to put up a bond to insure the completion of the remaining work, so that he can get a temporary occupancy permit for all of the business locations there.

Ms. Connors advised that the cost estimate by Tighe & Bond was $219,000, which includes a contingency factor and uses the prevailing wage rate.  Cash is a better incentive to guarantee completion.  

Mr. Windle would also like to pave the lot area in the back, which was previously going to have a gravel coat.  Ms. Connors indicated that his engineer, Guerriere & Halnon took this into account when they completed their drainage calculations.  The Board asked her to confirm with Tighe & Bond.  If they can confirm, Ms. Connors can give Mr. Windle permission to pave.

Motion by Gary Schold, seconded by Paul Piktelis, to allow Chris Windle to pave 26 feet off of the back of his building, with the possibility of paving the entire area that was formerly to be gravel based, if Tighe & Bond can confirm the drainage calculations performed by Guerriere & Halnon, motion carried unanimously.

The Board also indicated it is willing to consider occupancy permits if curbing, berm, binder coat and sidewalks are completed.  The Board continued this discussion to June 27, 2011 at 7:30 p.m.

8:30 p.m.       13 Hayward Glen Pre-Application Review

Gregory McRae, applicant and owner met with Ms. Connors to discuss the intent of the Accessory Dwelling Bylaw.  He is now proposing to re-model the garage into an in-law suite with 6’ x 18’ added to the rear of the present garage.  This will take 50 sf off of the original proposal and keeps the unit within the existing home.

The entrance will be to the rear of the building, not facing the street.  There will be pull-down attic stairs, no staircase.  The cathedral ceiling over the proposed kitchen and living room would take part of the attic space away.  There will be no basement.  Utilities will run from the main house.  Mr. McRae is trying to reach a compromise.  He has had some informal conversations with neighbors.

Dennis D’Amore asked a general question, if the Board approves this plan can the applicant then add onto the house in the future?  It would start small and then go bigger, and avoiding the Planning Board.  Mr. D’Amore also asked what the property address of the new unit would be, part of the existing house address or a new one?   

Ms. Connors advised that if the size of the apartment is modified it will have to come back to the Planning Board for approval.  If the main house is added onto only a building permit will be required.

Mr. D’Amore stated that Mr. McRae agreed to have his attorney prepare a document that stated if the house was to be sold, the second kitchen would be removed first.  He asked if the Planning Board could restrict this from becoming a rental unit in the future.   

Minutes

Motion by Anna Lewandowski, seconded by Gary Schold, to approve the minutes of May 9, 2011, motion carried unanimously.

Adjournment

Motion to adjourn by Gary Schold, seconded by Paul Piktelis, motion carried unanimously.  Meeting adjourned at 9:25 p.m.

Respectfully submitted,



Susan M. Dean-

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