The regularly scheduled meeting of the Millbury Planning Board was held on Monday, November 5, 2007 at 7:15 p.m., in the Municipal Office Building, 127 Elm Street, Millbury, MA. Chair Anna Lewandowski presided.
Present: Brian Stowell, Scott Mueller, Rusty Valery, Anna Lewandowski, Richard Gosselin
7:15 p.m. 4 Latti Farm Road (Discover Marble & Granite) Public Hearing, cont.
Brian Stowell read his certification that all evidence of the September 24, 2007 meeting, which he was absent from, including the video tape, was viewed.
Paul Hutnak, Heritage Design was present on behalf of the applicant. Comments from Graves Engineering and the Conservation Commission were discussed. Mr. Hutnak indicated that all comments have been addressed and complied with. An Order of Conditions was received from the Conservation Commission.
Mrs. Lewandowski read comment letter dated November 5, 2007 from Marie Cannon, Earth Tech, which indicated that the applicant is proposing an expansion which will require engineering review by the Sewer Commission.
Clerk Valery read email from Ronald DeSantis, Inspector of Buildings, stating that he had no further comments.
There was no public comment.
Motion by Richard Gosselin, seconded by Rusty Valery, to close the public hearing. Motion carried unanimously.
Waivers:
Motion by Brian Stowell, seconded by Richard Gosselin, to grant a waiver from Section 12.44 (f) (1), requirement to submit a full traffic impact assessment (excludes requirement to submit trip generation information), motion carried unanimously.
Motion by Brian Stowell, seconded by Richard Gosselin, to grant a waiver from Section 12.44 (f) (4) requirement to submit an historic impact analysis, motion carried unanimously.
Motion by Brian Stowell, seconded by Richard Gosselin, to grant the site plan review special permit, with conditions a – l as set forth in the decision, which is attached hereto, motion carried unanimously.
7:30 p.m. 130 Westborough Street (Treeline Const. Co.) Public Hearing, cont.
Attorney Don Keavany reviewed the revised plan and façade treatment plan. He advised that the firm of ENSR was hired by the applicant and a paper copy of a slide presentation regarding dust mitigation measures was submitted.
He also advised that this is a by-right use in this zoning district and submitted case law examples in support of his statement.
David Heinold of ENSR reviewed his air quality presentation, discussed the origin of silica dust, mitigation and monitoring efforts. He summarized five years of National Wind Service wind data and discussed methods of control for air borne, stockpiled and traffic generated dust.
Leo Gendron discussed the concept of the air monitoring program, ENSR will design and conduct the system and will submit copies to the Town of Millbury and to the DEP.
Mrs. Lewandowski summarized a five page e-mail correspondence in opposition, received from Laurel Kilmurray, dated October 24, 2007 a copy of which is attached hereto for reference.
Clerk Valery read the following correspondence (copies of which are attached hereto) into the record:
· Email dated November 1, 2007 from Inspector DeSantis, no further comment
· Email dated October 28, 2007 from Jona Plotkin expressing concerns
· City of Worcester vote from September 25, 2007 in opposition
· Letter dated September 24, 2007 from Grafton Water District stating that they have no authority to supply water outside of its district without approval of the water utility which has jurisdiction over this property
· Email dated November 1, 2007, from Board of Health, whose engineering agent is reviewing the proposal
· Letter dated July 23, 2007 from Dimitria Delights Baking Co., in support
· Letter dated June 14,2 007 from Fletcher, Titlton & Whipple, law firm representing Pointe Rok Estates Condominium Trust, in opposition
· Letter dated June 13, 2007 from Representative George Peterson, in opposition
· Letter dated June 13, 2007 from Joyce Brown, in opposition
· Letter dated June 13, 2007 from the Grafton Board of Selectmen, in opposition
· Email dated September 25, 2007 from Board of Health advising that this property does not have an approved septic design
· Petition in opposition, Creeper Hill Road residents
· Petition in support, from Millbury residents
· Petition in support, from Grafton residents
· Letter dated October 19, 2007 from Dr. Shepro, advising that abutter Mr. Bryant will suffer adverse effects as he is a lung cancer patient
Chair Lewandowski opened the meeting the public to comment on the ENSR presentation or to bring forward any new information.
· John Carlson, Chair of Grafton Board of Selectmen asked about dust control inside the building, collected mechanically or watered down, will Grafton receive dust reports. Mr. Gendron indicated that a closed drainage system would be provided, water will be recycled, no objection to forward Grafton reports
· Worcester councilman Clancy spoke on behalf of his Worcester colleagues, and expressed concerns with air quality, health related issues, quality of life, credibility of applicant
· Steve Cope, Pointe Rok resident, asked for the make and model number of the crushing machine, stated that silica dust is a carcinogen, who will pay for monitoring services if Treeline Construction does not comply, will there be a bond held
· Lisa Barker submitted corporate information on the four different companies using 130 Westborough Street as its corporate address, and that owner Ken Salsman uses 13 Pt. Rok Street, and Shrewsbury and Worcester as addresses. Mr. Salsman rebutted, stating that it is not illegal to have multiple corporations for multiple purposes
Mr. Gosselin questioned the necessity for another facility which is in close proximity to the C&D Recycling Center in Fort Devens. Mr. Keavay responded that this is not a competing business, it is much smaller with a portable unit, the portable unit will often be used off-site.
Mrs. Lewandowski asked what business was currently being conducted at this site. Mr. Keavany stated that two construction companies are operating there.
Motion to close the public hearing by Scott Mueller, seconded by Brian Stowell, motion carried on a 4-0-1 vote. Mr. Gosselin was opposed, he did not have enough information to make an informed decision.
The Board offered the following comments:
Mrs. Lewandowski stated concerns with the business as a nuisance, traffic, public health, environmental issues, quality of life, can’t assure that the use of the site would be used as might be permitted, monitoring procedures were questionable, inability to fit into the abutting area, noise, wind direction.
Mr. Mueller reviewed the zoning bylaw and stated that this project would have a significant impact on several neighboring communities, and the community as a whole. The operation does not blend with adjacent residential use, would be detrimental to health (citing silica dust, and air quality), offensive noise and proposed mitigating measures were insufficient, detrimental to property values in the area.
The Board agreed to further discuss the decision at its November 26, 2007 meeting at 7:00 p.m. Meeting will be held at the Municipal Office Building.
Chair Lewandowski declared a five minute recess.
9:15 p.m. Braney Road Sidewalk
Bob McKie, Platinum Building & Design advised the Board that he contacted Mr. Harrington, an easement would be required to integrate the sidewalk and the tree line in front of his property at 26 Braney Road. He proposed that the entire length of sidewalk be installed along Braney Road, instead of the 50% as required. Granite curbing will only be used at the S curve and at the intersections with Braney and Grafton Roads and Coldbrook Road. The condition requiring that Braney Road be milled and paved will be removed, and later become part of the conditions imposed on Mangano Estates, should that project be approved by the Board.
Mrs. Lewandowski advised that the Piktellis property on Braney Road does not show the extent of his property, this plan has relocated the sidewalk to the opposite side of the road than what was depicted on the original, approved Definitive Plan. She further stated that she contacted Donald Schmidt, Department of Housing and Development, on October 31, 2007, and he advised that when in doubt, a new public hearing should be held on a modification to the original plan. She also indicated that the town owns property on the opposite side of the street, intended for a sidewalk. She also stated that some residents of Braney Road don’t want a sidewalk at all.
Mr. Harrington was present, asked that a planter be built around the existing tree, and that the sidewalk be graded so that a wall would not be necessary.
Town Planner Connors advised that the decision only stated that a sidewalk be installed along 50% of Braney Road, the sidewalk can therefore be installed on either side to meet the condition.
Mr. Gosselin will contact Mr. Schmidt to discuss the public hearing process, asked that a surveyor’s stamp be added to the plan, location of granite curbing better defined, add staked hay bales and silt fencing in downslope areas to be noted on the diagram.
10:00 p.m. 126 Grafton Street Definitive Plan – Pre-Application Review
Land Planning presented a proposal for a private roadway, approximately 266 feet long, with a cul-de-sac and a grass island, which would include two lots. The road would be 18 feet wide. Ten waivers would be requested.
The Planning Board offered the following recommendations:
· Include plantings along the detention pond
· Determine necessary cut and fill
· Detention pond in back yard of Lot would viewed as a problem
· Show abutters on plan
· Property might only accommodate one lot
· Question regarding lot regularity factor
· Problem with open ditch drainage along roadway
· Lot 1 is close to wetland buffer zone
The Board of Appeals denied a frontage variance for this property.
Other Business:
Clerk Valery read letter from Donald and Kathy Allaire notifying the Board that they wish to remove the property located at 73 McCracken Road from Chapter 61A protection. The town has the right of first refusal. The Planning Board agreed that it would not be economically feasible to recommend purchase of this property.
Adjournment
Motion to adjourn by Rusty Valery, seconded by Brian Stowell, motion carried unanimously. Meeting adjourned at 10:35 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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