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Planning Board Minutes 08/15/2011
The regularly scheduled meeting of the Millbury Planning Board was held on Monday, August 15, 2011 at 7:00 pm in the Municipal Office Building, 127 Elm Street, Millbury, MA.  Chairman Richard Gosselin presided.

Present:  Gary Schold, Jeffrey Markarian, Richard Gosselin, Anna Lewandowski, Paul Piktelis

7:15 p.m.       20 Main Street, Millbury Federated Church, Sign Special Permit
                Public Hearing

Clerk Schold read the public hearing notice.

Bruce Fischer was present to represent the Federated Church.  The church would like to install a free-standing sign approximately 89” x 59”, to be located approximately 8 feet from the front property line.  

Clerk Schold read the waiver request from Section 12.44 (a) of the Zoning Bylaws.  

There were no public comments.

Motion by Gary Schold, seconded by Paul Piktelis, to close the public hearing.  Motion carried unanimously.

Motion by Gary Schold, seconded by Paul Piktelis, to approve the waiver from Section 12.44 (a) of the Millbury Zoning Bylaw, as read by Clerk Schold.  (letter dated July 26, 2011 from Bruce Fischer), motion carried unanimously.  

Motion by Gary Schold, seconded by Jeffrey Markarian, to grant the Sign Special Permit in accordance with Exhibit A, motion carried unanimously.  

Minutes

Motion to approve the minutes of July 18, 2011, with corrections to page 4, by Anna Lewandowski, seconded by Gary Schold, motion carried unanimously.

7:30 p.m.       1 – 5 Elm Street, Dunkin Donuts, Public Hearing, cont.

Peter Keenan, Esquire, advised the Board that the applicant is working with the Conservation Commission and the town engineer.  Signage has been resolved, the sign will remain the same size and same location, building signs will be added which will comply with any restrictions.

Internal circulation and cross circulation within the gas station have been addressed and there will be shorter curb cuts.

Norman Hill, applicant’s engineer, provided a status:

  • The connecting driveway between Dunkin Donuts and the gas station has been relocated to the rear of the site
  • Decorative lighting will be used and will be directed away from abutting property, and this will be reflected on the plan
  • DPW has agreed to maintain existing sewer and drainage, all new underground utilities will be maintained by the tenants.  An agreement will be signed by the parties
  • Large drainage easements for the maintenance and repair of existing drainage, 30’ wide
Ron Muller, traffic engineer, agreed that there would be delays exiting the site, which is designated as level F.  He conducted a study on the driveway for CVS and found that there were acceptable gaps in traffic on Canal Street.  He applied this data to this driveway. Acceptable levels at all other areas.  The traffic on the streets will not be impacted, only those vehicles exiting would be.  The lights could be re-allocated to reduce cues; site distances meet the requirements.  He does not recommend a change in the crosswalk location, the existing one with the push button to stop traffic is the best option.  

Mr. Muller referred to other Dunkin Donut sites in Upton and Shrewsbury, and identified the differences in the amount of cars that can be in the cue.  The Millbury site has room for 19 cars, there should not be a problem there.  

Acting Police Chief Desorcy identified issues with the closing of the Providence Street bridge and an accident count for that area.  He expressed concern with the existing telephone pole.  Mr. Muller stated that this was not considered an obstruction by definition, as it does not block the full view of a vehicle at any time.  

The width of the center curb cut will be narrowed down, but it must be kept at a certain width to insure that deliveries can be made.  It was 55 feet wide, it will now be 37 feet.

Tighe & Bond recommended an alternative design so a rear connection has been added.  They also requested details on the traffic signal.  

There are numerous uses on the site.  McLaughlin’s service station is giving up three operations, sale of diesel, kerosene and propane.  Traffic generated between deliveries and purchases for the year 2009 were examined.  There were over 10,000 trips/year.  130 were truck trips, the rest were customers.  

Mrs. Lewandowski questioned the truck loading design and repair vehicle storage.  Mr. Keenan advised that this proposal exceeded the requirements, and that there is parking for 4 gas station employees, 5 Dunkin Donut employees, and the rest are designated for customers.  Tighe & Bond and the DPW Director’s concerns were addressed, a rear connection was added as an alternative design, and details on the traffic signal will be provided.  

Mr. Schold identified his main concern as the effect the additional traffic would have on Canal Street, the existing streets in the area and the awkward turn into Windle Field.  

Mr. Gosselin asked about the slope in the rear, was it greater than 3:1, yes it is.  He would like detail added to show how the slope will remain stable.  He has a problem with the tractor trailers backing into the lot, and would like the radius addressed.  

Mr. Hill stated that there were three types of trucks that would be on site:  dump trucks in the early morning, which will use the escape lane, will be there prior to 6 am and will pull in and then back out, 2 to 3 times per week;  tanker trucks, will enter and off-load with a 40’ trailer, then back out, between midnight and 2 am; delivery trucks, 1 to 2 times per week, can’t control time of day, there are two drivers, the assistant stops traffic to let the truck back into the escape lane, delivery takes about 45 – 50 minutes, the drive-thru can still be used.

Mr. Shold suggested transmitters be placed in the traffic signals and emergency vehicles.

Mr. Gosselin questioned sewer and drain easements, referred to special events like the 4th of July and people blocking the site distance.  He would like the sign revisions added, and the distance to the drive-thru.  

Mr. Gosselin opened the meeting to the public.

Cynthia Burr, 7 Maple Street, Executive Director of the Millbury Improvement Initiative, and resident of the town, has doubts about the traffic study, which requires faith in the engineer, concerns with trucks backing up into the street, and also the beeping noise associated with this because of the proximity of some neighbors.

Lenny Mort, 11 Juniper Drive, Chair of the Millbury Re-Development Authority, looks forward to the development of this empty lot, back up alarms are for safety and are heard everywhere, and he doesn’t think that this project will generate too much traffic for the area.  

Mrs. Lewandowski stated her concern with emergencies at Cordis Mills, and access there.  She read the Mass DOT email which advised that this project does not need DOT approval.   

Jim McLaughlin advised that he operated this service station for 45 years there.  He disagrees with the problem with access to Windle Field, back up beepers are for safety and are necessary, traffic on Canal Street at Cordis Mills or the bridge does not last long for any period of time, truck deliveries take place at other businesses like Subway and A&D already.  You wouldn’t have any businesses without traffic.

Motion by Gary Schold, seconded by Jeff Markarian, to continue the public hearing to Monday, September 12, 2011 at 8:15 p.m., motion carried unanimously.

8:35 p.m.       Clearview Estates Pre-Application Meeting

Present were Paul Hutnak, engineer, Rob Knapik, attorney, and Neil Loomis, owner.  

Applicant already has an approved 60 lot subdivision here.  He would like to use the provisions of the open space bylaw to create 84 lots.  He compared it to the 91 lots he could get with a conventional plan.  

Mrs. Lewandowski stated that there is already a problem with Park Hill Avenue.

Mr. Gosselin wanted driveways, parking and traffic addressed.

Town Planner Connors commented on the following:

  • The original subdivision was approved for 60 lots, the purpose of the open space bylaw is not to maximize the number of lots it is to protect the site
  • The approved subdivision has more open space than what is on the proposed plan with the same road layout
  • Not within the spirit of the bylaw, this project should be designed to showcase its attributes, this plan took the conventional, approved subdivision and just added 24 lots
  • The Planning Board does not have to give density bonuses
  • A landscape architect should have contributed to the design
Mr. Gosselin was concerned with the new sewer lines and whether this subdivision will exceed its capacity.  Mr. Schold is concerned with the width and condition of Park Hill Ave.




Other Business:

Mrs. Lewandowski asked for clarification regarding Mr. Mastrogiacomo’s potential property taking along Jessica J. Drive.  Ms. Connors responded that waivers have been received from all other parties so that the town can complete the process of having Jessica J. become an accepted public way.  All residents were given letters of explanation, Ms. Connors went to Mr. Mastrogiacomo’s house and spoke to him directly, this is an easement only, she showed him the subdivision plan, as-built and acceptance plans.  She went with town engineer Mark Elbag, the developer and the DPW Director to locate bounds, one could not be found.  If he does not sign the waiver, the town has the option of taking the easement anyway but risking a law suit, or walking away from the road acceptance, in which case the residents will be responsible for all maintenance and road repairs.  This must be accomplished by October 5, 2011.

Adjournment

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

Respectfully submitted,



Susan M. Dean

ATTEST:

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