The regularly scheduled meeting of the Millbury Planning Board was held on Monday, December 12, 2011, at 7:00 p.m., in the Municipal Office Building, 127 Elm Street, Millbury, MA. Chairman Richard Gosselin presided.
Present: Gary Schold, Jeffrey Markarian, Richard Gosselin, Paul Piktelis, Anna Lewandowski, Alternate Member Michael Georges
7:00 p.m. Tighe & Bond, Tony daCruz
Mr. da Cruz was present to discuss the lack of inspections at Brierly Pond II. Chairman Gosselin advised him that the developer said he notified Tighe & Bond of the inspections and thought he did his part. As there is some discrepancy, Mr. Gosselin would like Tony to present his side.
Mr. da Cruz said yes, Mark Elbag was notified, it was at the time that he was in the process of leaving the firm, his last day was September 23, 2011.
He referenced October e-mails and site visits with Town Planner Connors, and stated that nothing further was heard after October 25, 2011. As for the tests that had been conducted it appeared that what was installed had been done properly, but there was still a lot of work to be done.
7:15 p.m. Cronin Brook Heights Road Acceptance – Chuck DeDoming
Mr. DeDoming asked the Board if they were satisfied that all the work has been completed. Mrs. Lewandowski asked if the detention pond was working, it never has any water in it. Mr. DeDoming stated that it isn’t designed to keep water in it, the as-built plans were delivered to the Board a year ago.
Ms. Connors advised the Board that she will be before the Board of Selectmen tomorrow.
7:30 p.m. 29 McGrath Road Solar Project Public Hearing – Stantec
Clerk Gary Schold read the public hearing notice and memo from the Building Inspector dated December 12, 2011, advising that a special permit will be required for frontage.
Scott Fenton, Esquire and Bob Corning from Stantec were present. This is a six mega watt project, ground mounted, property was under Chapter 61A protection. It is anticipated that it will take six months to construct, will have no financial impact on Millbury, there will be a pilot program in lieu of taxes.
Some construction vehicles will be on site during construction, but there will only be one vehicle on site about once a week There will be a 600 sf building, fenced, of 63 acres, about 35 – 40 will be developed. The present house will be taken down, the stone wall dismantled for about 700 feet, no environmental impacts, no generator, grass will be under the panels, and there will be no discharge there.
Frontage is an issue, and a cul-de-sac is being considered instead of seeking a special permit.
Mr. Gosselin advised that the datum and contours do not match the specifications as required. A contour waiver has been requested. Monuments are required at all property corners, coordinates require a fixed location. He would like the easements better defined.
Panels are 3 – 9 feet off the ground, are non-reflective, panels can generate power for 500 – 600 houses. Nearest residence is 500 feet to closest panel.
Chairman Gosselin opened the meeting to the public.
Kathy Fairbanks, 19 McGrath Road voiced concern as to whether the town knows enough about solar power, this is new technology and is an unknown. She is also concerned with water runoff, property in Chapter 61 A protection, her septic system is within 100 feet, the elevation of the site is 50 – 75 feet higher than her property - how can it be screened, impact to property value not yet known - can an independent assessment be done, land requires a zoning change, land is zoned for farming or homes. Corporation just formed in September 2011 and does business under other corporate names in other towns. She read portions of articles regarding projects under the applicant’s name in other states, and will copy and submit 20 pages of documentation she has researched.
Donna McGrath, 29 McGrath Road, advised that the property has been taken out of Chapter 61 A protection three years ago. Not sure why frontage is an issue, the town has installed road, paved, plowed and maintained McGrath Road. She is selling this property to leave a legacy for the McGrath family, who owned property here since 1861, now the property is being leased to a dairy farmer. This project will harvest energy from the sun, excess land will be deeded to the town, land is cleared for farming already, low impact to town, no runoff from excavating, retention ponds will be created.
Gus Abalo, developer advised that part of the Green Communities Act is to promote solar energy. Attorney Fenton advised that there are 8 – 10 solar farms being constructed now and are in various stages of completion. Separate entities have been created for each project. Power will go directly to the Grid, no storage, underground only, to the poles on McGrath Road.
William Garig spoke representing property owner at 287 W. Main St. At the Conservation Commission meeting the representative said that there would be two circuits, one over existing lines, one to connect two miles away, where is the power routed and what will have to be built? There is a small culvert at 287 W. Main St., and he would like an impact study completed.
Attorney Fenton stated that Tighe & Bond reviewed the plans and commented on the stormwater calculations.
Mrs. Lewandowski asked if this project would have to go before the Earth Removal Board, and was told that no materials would be moved off-site.
Motion by Gary Schold, seconded by Jeffrey Markarian, to continue the public hearing to January 9, 2012 at 7:30 p.m. Motion carried unanimously.
8:20 p.m. Shoppes Snow Removal – Target & Kohls
Mr. Gosselin stated that at the time the Shoppes were permitted it was understood that snow would be removed off site. Randy Williams, District Manager for Target was present, no representative from Kohl’s was present.
Mr. Williams agreed to define an area for snow storage by parking space location and the trigger for snow removal will be 24 inches. A letter will be sent to Kohl’s advising that snow must removed after every storm.
Executive Session
Motion by Gary Schold, seconded by Paul Piktelis, to enter into executive session for the purpose of discussing pending litigation. Upon unanimous roll call vote the Board entered into executive session, to return to open meeting. Citing a conflict, member Jeffrey Markarian stepped down from the meeting.
9:25 p.m. 130 Westborough Street Stormwater Permit Public Hearing, cont.
Mr. Gosselin advised that the Planning Board conducted a site visit on Saturday, December 10, 2012, the owner took them around and answered all questions. Recent calculations were just received, the Board’s engineer will have to review them so the public hearing will not be closed this evening.
Scott Charpentier, Lenard Engineering, stated that .17 acres of impervious area was increased. The narrative was revised to reflect the first inch of runoff. The impervious pad should not be considered a structure, it is a pad for mobile equipment.
Mr. Gosselin asked if a detention or retention pond would be created. Mr. Charpentier responded that it would be a detention pond. Mr. Gosselin asked how the water would be directed to the pond. Mr. Charpentier explained the detention and recharge areas and maintained watershed areas. Mr. Gosselin would like a summary of their maintenance proposal. Mr. Charpentier said there will be two plans, one during construction, one post-construction. Mr. Gosselin also asked how the water would cross the road, was there a model. Mr. Charpentier would check with the Town of Grafton.
Clerk Schold read e-mail from residents at Pointe Rok who hired a consultant to check on the permits which have been issued to Treeline. Residents indicated that Tom Brown, former member of the Millbury Board of Health did not know if the cease & desist order from the Worcester Housing Court was closed. They asked the Board to continue the public hearing until after the first of the year so that they could obtain additional information.
Attorney Keavany submitted a letter in response to the status of the cease & desist which stated that the order was stayed and the case closed.
Town counsel, John Eichman was present and asked that a copy of the docket for the Housing Court be submitted to the Planning Board. Mr. Keavany agreed to do so.
Chairman Gosselin opened the meeting to the public.
Robert Flint, 76 Creeper Hill Road, asked the Board to continue asking questions of the applicant and to keep the abutters in mind.
Steve Cope, Pointe Rok, was concerned about the creation of the new lot here, and advised that the cease & desist order from April 2005 applied to two issues, the property and the building, and referenced work done by Treeline without town permits. He accused them of storing building debris and trash, hazardous waste and burying materials on site. They constructed the building without any permits, there is no septic system and no sewer line there. He cited Chapter 16, #5 of Section 7 of the General Bylaws, the application was not correctly filled out. He stated that he talked to Tom Brown and said that he believes the cease & desist order is still in effect.
Rick Cravedi, 61 Pointe Rok, stated that he spoke with Tom Brown this afternoon and he is willing to come to the Planning Board and explain. If this is an open issue can the Board still vote on this application?
Attorney Eichman advised that the Board can consider this proposal. He cannot comment further as he has not seen the case records.
George Russell asked about the reason for going into executive session – was it for possible litigation or to discuss old litigation?
Attorney Eichman stated pending litigation, which is still open and may have an effect on this discussion.
Mr. Russell also asked if the site visit was announced or published? Ms. Connors stated that due to the changes to the open meeting law, it was not necessary to post the site visit. Attorney Eichman confirmed that the Board was able to conduct a site visit with the proponent present.
John Burrows, Pointe Rok, asked why the applicant felt is was important now to obtain a stormwater permit. Mr. Charpentier answered that Treeline will cross the threshold for land disturbance, with the asphalt pad, stockpiles and grading of the gravel drive.
Kevin Preston, 17 Flint Pond Rd. asked what the piles there consisted of, where will the water go and will it be toxic or not.
Mr. Gosselin confirmed that what he saw at the site visit was consistent with what the applicant has been saying is there. Mr. Schold did not see anything unusual in the puddles or the water there.
Wil Houston asked how the piles of material got there. Steve Cope asked the Board to compare pictures from 2005, 2007 and 2011. Mr. Cravedi stated that the applicant should need a permit to store those types of material on site which can’t be piled up without DEP permits.
Worcester City Councilor, Kate Toomey, asked about the impact to the beach across the street, EPA has more stringent guidelines.
Motion by Gary Schold, seconded by Paul Piktelis, to continue the public hearing to Monday, January 9, 2012, at 8:15 p.m., motion carried unanimously.
Adjournment
Motion to adjourn by Gary Schold, seconded by Paul Piktelis, motion carried unanimously.
Respectfully submitted,
Susan M. Dean
ATTEST:
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