The regularly scheduled meeting of the Millbury Planning Board was held on Monday, September 26, 2011, at 7:15 p.m., in the Municipal Office Building, 127 Elm Street, Millbury, MA. Chairman Richard Gosselin presided.
Present: Richard Gosselin, Paul Piktelis, Gary Schold, Jeffrey Markarian, Anna Lewandowski
7:15 p.m. 65 Canal Street – Determination of Minor Modification – Wireless
Brian Allen of KJK Wireless was present to address the Board and presented the requested revisions.
Motion by Gary Schold, seconded by Paul Piktelis, to grant a minor modification to Cingular Wireless, LLC (DBA AT&T Mobility) Special Permit issued by the Planning Board on September 27, 1999, located at 65 Canal Street, Millbury, MA, as follows:
- Add three antennas at the existing height of 112 feet, 6 remote radio heads and surge arrestor mounted inside the stack, connected by 3 cables (2 power and 1 fiber) to the equipment shelter on the ground. AT&T will also add an additional equipment cabinet and surge arrestor. The Board took no action on the request to replace the existing fence with a 10 foot white vinyl fence.
Motion carried unanimously.
These changes are depicted on the site plan entitled “AT&T Site Number: MA3412, Site Name: Millbury-Canal St.”, prepared by Vertical Resources GRP, 489 Washington Street, Auburn, MA, dated July 5, 2011.
7:30 p.m. HMEA, 6 Latti Farm Road Public Hearing continued
John Grenier, applicant’s engineer, was present and explained the revisions to the drainage easement, and advised that the Conservation Commission approved the applicant’s plan last week.
Mr. Gosselin identified problems with the elevation data, contours, and the relationship to the 88 datum. He questioned the north arrow, and the 83 coordinate system. He speculated that the changes might have been made but there might have been a note missed on the plan. Mr. Grenier will fix the north arrow to reflect the 83 coordinate system or he will make it consistent with the notes on the plan. Mr. Gosselin wants the pins set in the ground before the occupancy permit was issued. He wanted to be sure that the easements will be recorded prior to construction.
There was no public comment.
Motion to close the public hearing by Jeffrey Markarian, seconded by Gary Schold, motion carried unanimously.
Motion by Gary Schold, seconded by Paul Piktelis to grant a waiver from Section 12.44 ( c ) Isometric Line Drawing, motion carried unanimously.
Motion by Gary Schold, seconded by Paul Piktelis to grant a waiver from Section 12.44 (f)(1) Detailed Traffic Impact Statement, motion carried unanimously.
Motion by Gary Schold, seconded by Paul Piktelis to grant a waiver from Section 12.44 (f)(4) Detailed Historic Impact Statement, motion carried unanimously.
Motion by Gary Schold, seconded by Paul Piktelis to grant a waiver from Section 12.45 (k) Landscape all yard setbacks , motion carried unanimously.
Motion by Gary Schold, seconded by Jeff Markarian, to grant a waiver from Section 12.45 (n) No off-street parking or loading areas within yard setbacks, motion carried unanimously.
Motion by Gary Schold, seconded by Jeff Markarian, to grant a waiver from Section 12.45 (o) Curbing: cape cod berm, concrete curbing and granite curbing shall be required as on the site plan, motion carried unanimously.
Motion by Gary Schold, seconded by Jeff Markarian, to grant the Site Plan review under Article 1 Section 12.4 of the Zoning Bylaw and a Post Construction Stormwater Management Permit under Section 16.3 of the Millbury General Bylaws, as depicted on plan entitled “Site Development Plan for 6 Latti Farm Road, Millbury, Massachusetts 01527” prepared by J.M. Grenier & Associates, 57 Maple Lane, Petersham, MA, dated September 12, 2011, with conditions a - p. Motion carried unanimously.
Minutes
Motion to approve the minutes of September 12, 2011 by Gary Schold, seconded by Paul Piktelis, motion carried unanimously.
Meeting Cancellation
Motion by Anna Lewandowski, seconded by Jeffrey Markarian, to cancel the Planning Board meeting scheduled for Monday, October 10, 2011, due to the Columbus Day holiday, motion carried unanimously.
Accessory Dwelling Bylaw Committee
Mrs. Lewandowski suggested contacting those individuals who have expressed an interest in forming a committee to evaluate the present Accessory Dwelling Bylaw. The Board agreed. Letters will be sent out inviting them to the Board’s meeting on November 14, 2011.
Chairman Richard Gosselin declared a 20 minute recess.
8:25 p.m. Jessica J. Drive Update
One additional property owner has been identified as owning to the center of the road. They want to have their attorney review the waiver before they sign it. The original owner will not sign the waiver. The Board of Selectmen will have to decide how they would like to proceed, but the Planning Board is responsible for approving the acceptance plan. The original mylar is very old and in poor condition. A new mylar will be printed. Mr. Gosselin asked if the bounds were the issue, could the town put them in, at a cost of less than $1,000 and solve the problem? Ms. Connors advised that the owner did not respond to this recommendation, and the town will not spend the money on the bounds unless he agrees to sign the waiver.
Motion to endorse the Jessica J. Drive acceptance plan prepared by David Lavallee, dated March 16, 2005 by Gary Schold, seconded by Jeff Markarian, motion carried on a 4-1-0 vote. Richard Gosselin was opposed.
8:35 p.m. 1 – 5 Elm Street, Public Hearing, con’t
Attorney Peter Keenan, Brian Marino, applicant, Norman Hill, engineer, and Ron Mueller, traffic engineer were all present.
Attorney Keenan advised that the applicant was before the Conservation Commission last week. He then submitted his prepared description of benefits to the town, which included a revenue statement from anticipated local meals tax, personal property tax, and real estate tax revenue, which total approximately $16,275 a year. Mr. Markarian suggested that this additional annual revenue to the town could be used to address traffic concerns should they arise.
Attorney Keenan also advised that he worked with Frank Irr, who produces the show “Spotlight on Millbury”, who videotaped traffic from 8 am to 8:30 am. He asked Chairman Gosselin if he could play it in the background during the public hearing, Chairman Gosselin declined. Mr. Keenan said the video would show the lack of traffic in that area, at that time. Mr. Keenan will submit the disc for the record.
Mr. Irr, Church Street, also owns property on Canal Street, and told the Board that this was filed on Friday, September 16th and he did not believe there was a traffic issue.
Mr. Keenan also submitted a petition with approximately 1,000 signatures, in support of this application, as further evidence that the people in this town want it there.
Norman Hill, Land Planning, Inc., advised the Board that the Conservation Commission voted to approve the plan and were very happy with the stormwater management plan, especially since nothing is in place now. He briefly explained the cost and the proposal to the Board. In addition, the existing town drainage is not within the easement, a new, permanent Conservation Commission easement will be created. It is anticipated that the applicant in total, including traffic mitigation measures, will spend about $118,000.
Robert Eckland spoke and stated that he has worked at the gas station for many years, and there are no more than 5 cars in a row on Elm Street on any day. Even on Fridays and Saturdays, when local restaurants and the theater is busy there is no problem. Rubbish trucks back into the road from other businesses.
Clerk Schold read letter from Fire Chief Belsito dated September 26, 2011, advising that he contacted Fire Chiefs in other neighboring towns to see what types of issues they have encountered. Mr. Keenan stated that entry and exit and the street location here is dramatically different from Oxford, Grafton, Uxbridge and Shrewsbury. The cue is more similar to the Dunkin Donuts in Worcester on Grafton Street. The Millbury location can hold 14 cars with room for 5 additional cars for stacking.
Ron Mueller, traffic engineer, advised that the biggest delay to fire trucks is the traffic signal, the applicant is willing to dedicate $10,000 for the town to use here. The road width is 35 feet, the typical car width is 6 – 7 feet, so even if there were cars parked on both sides of the road there would be 21 feet, sufficient for a fire truck to pass through. He recommended that the town use the $10,000 towards an Opticom system. Mr. Schold added that the fire trucks do not have an opticom system and this would be an added expense to the town.
Mr. Gosselin discussed the possibility of requiring a three month review of the traffic and if the traffic engineer’s calculations are found to be inaccurate, the applicant will be responsible for a new public hearing and all necessary improvements. Attorney Keenan stated that he cannot agree to this, there has to be a limit as to the amount his applicant is responsible for. There will be a lender involved and the applicant cannot give the town a blank check. Mr. Mueller reminded the Board that it’s engineering firm, Tighe & Bond, concurred with his results.
Mr. Schold asked if the applicant would remove the drive-thru if after three months it is determined that a problem has been created. Attorney Keenan answered no. Mr. Hill told the Board the drive-thru accounts for about 70% of business.
Mrs. Lewandowski read sections 12 and 25 of Tighe & Bond’s September 23, 2011 letter which she stated shows that they did not concur with Tighe & Bond’s review.
She is also concerned with truck loading areas.
Mr. Gosselin wants the second driver of the delivery trucks, who will be out directing traffic, to wear reflective clothing. Mr. Keenan stated that the fact that there are a driver and helper is a vast improvement over other truck deliveries in town already.
Mrs. Staruk, Burbank Street, believes the other Dunkin Donut sites have so much more traffic they are on major streets.
Paul Anderson, Grafton Street, stated that he drove trucks for 20 years, no one from Route 146 or outside of the area is going to go out of their way to go to this Dunkin Donuts when there are others located on the major roads.
Warren Gardner, 4 Horseshoe Lane, stated that he has parked his trucks for his tree removal business there for 17 years, but he is still in favor of this application. He has never encountered a traffic problem there.
Ray Desrosiers, 72 Millbury Avenue stated that the McLaughlin family has run one of the most important businesses in town for their entire life. Other businesses nearby such as the CVS and the Riverside Mart did not have to go through this kind of meeting, and they have revitalized the area through their improvements. Why isn’t the Board listening to the science in this case, rather than on their own opinion as to what may happen there Their ideas are not based on statistics, and he asked the Board to consider the evidence presented. He uses Howe Avenue every day, and waits for trucks to back in to the businesses there, it takes only a few minutes.
Leonard Mort, 11 Juniper Drive, has produced the Gas Bash at Windle Field for 8 years, with many large trucks and trailers and has never had a problem with them getting in or out, has had no complaints. Most every major road in town is a single lane on either side. Many other drive-thrus are in town, including several banks.
Frank Galardi, 37 S. Main Street, asked the Board to look at the personal side too, the McLaughlin family has lived here 80 to 90 years and there has never been a problem with their business ever. They are local people trying to run a local business.
Jim McLaughlin stated that the Fire Chief does not mention that a lot of his firefighters go directly to the fire, not all go to the fire barns first. The bridge there has been out of use for years, that was never mentioned as a major safety issue with the fire department.
Mr. Piktelis asked what would happen with the 8 to 12 cars that are parked there overnight. Tim McLaughlin told the Board that he allows people to park there from the area, some cars are finished waiting for pick up. There will be 9 spaces for storage still and the bay out back can hold 2 or 3 more cars.
Mr. Gosslein suggested a right turn only out of the drive-thru. Attorney Keenan stated that civil and traffic engineers have designed this project, this suggestion would not be effective.
Mrs. Lewandowski referred to a report from District 3 Operations manager, Barry Lorien, and read portions to the Board, adding that the entire intersection should be re-designed.
Mr. Keenan said his applicant operates a number of franchises and he, too, wants this one to be successful. Other improvements not mentioned include state of the art handicap access for individuals, and a bike rack out front.
Motion by Anna Lewandowski, seconded by Jeff Markarian to close the public hearing, motion carried unanimously.
The Board discussed potential conditions, should the project be approved.
Waivers:
Motion by Gary Schold, seconded by Jeffrey Markarian, to grant a waiver from Section 12.44 ( c ) of the Millbury Zoning Bylaws, motion carried unanimously.
Motion by Gary Schold, seconded by Jeffrey Markarian, to grant the application for Site Plan Permit under Article 1, Section 12.4 of the Zoning Bylaw and a Post-Construction Stormwater Management Permit under Section 16-3 of the Millbury General Bylaw, with conditions, a – dd, as depicted on plan entitled “Site Development Plan of 1 – 5 Elm Street, located in Millbury, Massachusetts, prepared for Westford Group, 48 Junction Square Drive, Concord, MA”, last revised on September 9, 2011, filed on May 12, 2011. Motion carried on a 3-2-0 vote. Anna Lewandowski and Gary Schold were opposed, citing as reasons the safety factors stated in letters from Fire Chief Belsito, Acting Police Chief Donald Desorcy, Mass DOT, and the Board’s engineering firm, Tighe & Bond.
10:30 p.m. Braney Road Acceptance Plan
Motion by Gary Schold, seconded by Jeffrey Markarian, to endorse the Braney Road Acceptance Plan dated October 13, 2010, last revised on November 30, 2010, motion carried on a 4-0-0 vote. Member Paul Piktelis stepped down.
Adjournment
Motion to adjourn by Jeffrey Markarian, seconded by Paul Piktelis, motion carried unanimously. Meeting adjourned at 10:40 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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