The regularly scheduled meeting of the Millbury Planning Board was held on Monday, April 27, 2009 at 7:15 p.m. in the Municipal Office Building, 127 Elm Street, Millbury, MA. Chairman Richard Gosselin presided.
Present: Richard Gosselin, Rusty Valery, Brian Stowell, Anna Lewandowski, Jeffrey Markarian, Peter Caruso, Jr., Associate Member
7:15 p.m. Minutes
Motion by Brian Stowell, seconded by Jeffrey Markarian to approve the Executive Session minutes of January 12, 2009, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian to approve the Executive Session minutes of January 26, 2009, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian to approve the Executive Session minutes of February 9, 2009, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian to approve the minutes of March 23, 2009, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian to approve the minutes of April 12, 2009, with corrections to pages 1, 3, and 5, motion carried unanimously.
Mail
Clerk Valery read soil engineering report dated March 23, 2009, for Cronin Brook Heights.
7:30 p.m. Marchand – So. Main Street ANR Plan
Mr. Gosselin stepped down as he has been involved with the plan and is an abutter to the property.
Brian Stowell, Vice-Chair presided.
Rick Hathaway, Andrews Survey, advised the Board that Lot B is to be separated from the plan, and labeled as a non-buildable lot and will be deeded to abutter Luikey, to hold in common with his property. The remaining Lot A will still meet zoning and the Luikey land also meets the zoning requirement. The parcel is not landlocked, and does contain wetlands. There is a power easement over a large portion of this property.
Motion by Anna Lewandowski, seconded by Jeffrey Markarian, to approve the ANR plan dated November 3, 2008, as last revised on April 23, 2009, prepared by Andrews Survey & Engineering, Inc., 104 Mendon Street, Uxbridge, MA, for Robert I. & Catherine T. Marchard, South Main Street, Millbury, MA, motion carried unanimously.
Mr. Gosselin returned to the meeting.
7:35 p.m. Town Meeting Warrant Articles Recommendation Vote
Mrs. Lewandowski reminded the Board that she was opposed to several of the warrant articles that are being recommended by the Planning Board for acceptance at town meeting. She requested that the spokesperson for the Board at town meeting state that the recommendation on those articles (35, 36, 37, 39 and 40) was not unanimous, but carried on a 4-1-0 vote.
Article 36 (addition of Section 50, Small Wind Turbines)
Town counsel has made some significant revisions to the bylaw, including the name, removal requirements and wording to clarify bylaw language.
Motion to recommend acceptance of this bylaw by Brian Stowell, seconded by Jeffrey Markarian, motion carried on a 4-1-0 vote, Anna Lewandowski was opposed.
Article 38 (adding Section 32.9 Accessory Structures)
Motion by Brian Stowell, seconded by Jeffrey Markarian, to change the language on the town warrant, Article 38, by striking the words “and require a building permit”. Motion carried on a 5-0-0 vote.
Article 37 (deleting existing Section 32.9 Wind Energy Conversion Systems)
Motion by Brian Stowell, seconded by Jeffrey Markarian to recommend Article 37 as written, if Articles 35 & 36 are approved, motion carried on a 4-1-0 vote, Anna Lewandowski was opposed.
Article 40 (Definitions)
Motion by Brian Stowell, seconded by Jeffrey Markarian, to add two commas to the “Day Care Center” definition, and with reference to the “Bed and Breakfast” definition, to change the 30 day stay in any one year period, to 90 days, motion carried unanimously. (This was done on the recommendation by Anna Lewandowski, who raised concerns with family members who may wish to stay at a Bed and Breakfast establishment while tending to a family member or someone in an assisted living facility, for a period of longer than 30 days).
Article 43 (Bramanvile Village District)
The Board agreed to recommend approval as written.
Other Business:
Cronin Brook Heights: Mrs. Lewandowski asked for a status on the sink hole. Ms. Connors advised that no additional funds were received so she would not authorize Tighe & Bond to do a site inspection. The developer already owes Tighe & Bond approximately $1,700.
Mrs. Lewandowski would like the Board to issue a cease and desist order, she advised the Board that the police department would like their orange cones back, there are no barrels in place as requested, and was concerned with liability of the town if a school bus has an accident there. Mr. Gosselin advised that some improvements have been made. The Board did not agree to issue a cease and desist order, the majority would like the developer to complete the project. The Board will also request that he attend the May 11, 2009 meeting.
Adjournment: Motion to adjourn by Jeffrey Markarian, seconded by Brian Stowell, motion carried unanimously. Meeting adjourned at 8:20 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
________________________________
________________________________
________________________________
________________________________
________________________________
| 
