The regularly scheduled meeting of the Millbury Planning Board was held on Monday, March 24, 2008, at 6:45 p.m., at the Municipal Office Building, 127 Elm Street, Millbury, MA. Vice Chair Brian Stowell opened the meeting.
Present: Brian Stowell, Richard Gosselin, Scott Mueller, Associate Member Peter Caruso, Jr., Anna Lewandowski (arrives at 7:05 p.m.)
Absent: George Valery
6:45 p.m. Breault – 14 Bellville Lane, Public Hearing, cont.
Attorney Keenan was present on behalf of the applicant. He reviewed the revisions to the plan, which were identified by the Planning Board at the opening of the public hearing.
There were no comments from the public.
Motion to close the public hearing by Richard Gosselin, seconded by Scott Mueller, motion carried unanimously.
Motion by Richard Gosselin, seconded by Scott Mueller to waive Section 12.44(F) – Requirement to submit a Development Impact Statement, motion carried unanimously.
Motion by Richard Gosselin, seconded by Scot Mueller to waive Section 46.2.3(8), Requirement that an accessory dwelling unit shall be within the living area of the dwelling part of the pre-existing structure, shall not be permitted to increase the total square footage of the pre-existing structure, and shall not alter the footprint of the pre-existing structure.
Motion by Scott Mueller, seconded by Richard Gosselin, to grant a special permit under Article 4, Section 46.2 of the Millbury Zoning Bylaw, subject to conditions a – j, for an accessory dwelling unit in conformance with the site plan entitled “Site Plan of Land in Millbury, MA”, dated December 18, 2007, last revised on March 19, 2008, prepared by Thomas Land Surveyors, motion carried unanimously.
7:00 p.m. Vassar Estates Public Hearing, cont.
Brian Stowell read letter from Land Planning, Inc. requesting a continuation of the public hearing to April 14, 2008. (Request for continuance due to the absence of member Rusty Valery, applicant wants all members of the Planning Board present for the public hearing).
Motion by Richard Gosselin, seconded by Scott Mueller, to grant a continuation of the public hearing to April 14, 2008 at 8:45 p.m., motion carried unanimously.
7:00 p.m. Cronin Brook Heights – Covenant Modification to Include Lot 12
(Lot 15 Release)
Mr. McKie was present to ask the Board to release Lot 12 and to place Lot 15 under its requirement to hold six lots until Braney Road sidewalk is completed. Platinum Building has the opportunity to sell Lot 12 to a developer who will build a custom home there.
Motion by Richard Gosselin, seconded by Scott Mueller, to grant an amendment dated March 24, 2008, to the covenant between the Town of Millbury and Platinum Building & Design, substituting Lot 15 for Lot 12, motion carried unanimously.
7:05 p.m. Anna Lewandowski arrives and assumes the position of Chair.
Mr. McKie also advised that there was an error in processing his permit for excavating, he has now corrected the name on the permit to his as owner of Platinum Building & Design.
ANR Plan: Lots 5 & 6, Diana Hill Road
Brian Stowell read letter dated March 19, 2008 from Bob McKie, requesting waivers.
Motion by Richard Gosselin, seconded by Scott Mueller to grant a waiver from Section 4a, requirement to show two datum points on the property, motion carried unanimously.
Motion by Richard Gosselin, seconded by Scott Mueller to grant a waiver from Section 4g, a variance has been issued by the Board of Appeals on January 9, 2008, motion carried unanimously.
Motion by Richard Gosselin, seconded by Scott Mueller to grant a waiver from Section 4m, site distance, motion carried unanimously.
Motion by Richard Gosselin, seconded by Scott Mueller to approve the ANR Plan of Land for Lots 5R and 6R, Diana Hill Drive, dated January 7, 2008, for Platinum Building & Design, prepared by Waterman Design Associates, motion carried unanimously.
Streetlights: Mr. McKie advised that he is waiting for a quote to remove the existing bases and to install new ones.
Minutes
Motion by Richard Gosselin, seconded by Brian Stowell, to approve the minutes of January 28, 2008, motion carried unanimously.
Motion by Richard Gosselin, seconded by Brian Stowell, to approve the minutes of February 11, 2008, with one correction, motion carried unanimously.
Motion by Richard Gosselin, seconded by Brian Stowell, to approve the minutes of February 25, 2008, with one correction, motion carried unanimously.
Mail
· Brian Stowell read letter from Sewer Commission dated March 19, 2008 regarding Patriot Homes and outstanding Earth Tech billing statement for 51 – 55 Sycamore Street.
· Brian Stowell read letter dated March 4, 2008, from Burnell Financial regarding compliance with installation of underground utilities at 25 Sycamore Street.
· Brian Stowell read letter dated March 13, 2008 from Barbara Brown, Oakes Circle Condominium Association, outlining remaining issues.
· Brian Stowell read letter dated March 13, 2008 from Attorney Kelly regarding CMG – Oakes Circle and its opposition to Planning Board taking the bond.
7:30 p.m. Capurso, 3 Montgomery Drive, Public Hearing, cont.
Peter Caruso, Jr. read statement attesting that he has viewed all evidence from the January 14, 2008 meeting, when this public hearing was opened.
Town Planner Connors advised that the applicant has received a variance from the Board of Appeals and the appeal period will expire in a few days.
Mrs. Lewandowski identified the issues she had with this project, which included the lack of access from the garage, storage of wood pellets, the apartment is not within the dwelling unit as required by the bylaw.
Motion by Brian Stowell, seconded by Richard Gosselin to close the public hearing, motion carried unanimously.
Motion by Brian Stowell, seconded by Richard Gosselin to grant a waiver from Section 12. 44 (c) , requirement to submit an isometric plan, motion carried on a 4-1-0 vote. Associate Member Peter Caruso, Jr. was a voting member in the absence of Rusty Valery. Anna Lewandowski was opposed.
Motion by Brian Stowell, seconded by Richard Gosselin to grant a waiver from Section 12. 44 (f) , requirement to submit a development impact statement, motion carried on a 4-1-0 vote. Associate Member Peter Caruso, Jr. was a voting member in the absence of Rusty Valery. Anna Lewandowski was opposed.
Motion by Brian Stowell, seconded by Richard Gosselin, to grant the application for an accessory dwelling unit, with conditions a – j (condition j to be added “no appeal of Board of Appeals variance dated March 4, 2008”), property located at 3 Montgomery Drive, Millbury, MA, as depicted on site plan entitled “Plan of Land in Millbury, MA”, dated October 3, 2007, prepared by Guerriere & Halnon, Inc., 1039 Providence Road, Whitinsville, MA, motion carried on a 4-1-0 vote. Anna Lewandowski was opposed.
Motion by Brian Stowell, seconded by Richard Gosselin to grant the application pursuant to Section 46.2 of the Millbury Zoning Bylaws, with conditions a – j, motion carried on a 4-1-0 vote, Anna Lewandowski was opposed.
Other Business
· Oakes Circle: The Planning Board will discuss the current status of the bond, and if no response from the bond company has been received, will forward to town counsel for action.
· The Planning Board endorsed the definitive plan for 43 Burbank Street, Millbury, MA.
8:00 p.m. Mangano Estates, Public Hearing, cont.
Brian Stowell read letter dated March 18, 2008, requesting a continuance of the public hearing to April 14, 2008 at 8:00 p.m., and the granting of an extension of time for rendering a decision to April 30, 2008.
Motion by Brian Stowell, seconded by Richard Gosselin, to continue the public hearing to April 14, 2008, at 8:00 p.m., motion carried unanimously.
Motion by Brian Stowell, seconded by Richard Gosslein, to grant an extension of time to April 30, 2008, motion carried unanimously.
Other Business
· Lt. Haynes Drive: A citizen’s petition to accept Lt. Haynes as a town way has been received. The developer has not completed the required work for this subdivision, and has not provided an as-built roadway plan.
Town Planner Connors advised the Board that she has asked the DPW Director for all snowplowing bills for three projects, including the Lt. Haynes subdivision, for all storms that the developer did not do any snowplowing. If the developer does not pay these statements his name will be placed on the non-payment list and he will not be able to obtain any kind of permit from the Town.
· FIBA – the structural drawings have been received, copies were submitted to Board members.
· Graves Engineering Contract: The contract between Graves Engineering and the Board of Selectmen will expire on June 30, 2008. The Planning Board and Graves has the option to extend the contract for an additional year. The Board will contact Don Graves and Jeff Walsh and ask them to meet with the Board on April 28, 2008.
· Town Planner Connors reminded the Board that there will be a public hearing on April 3, 2008 at 6:30 p.m. at the Millbury Senior Center on the revitalization of the historic Bramanville area of town.
· Brian Stowell read letter dated March 18, 2008 from the Attorney General regarding the open meeting law.
Motion by Brian Stowell, seconded by Richard Gosselin to recess the meeting to 9:00 p..m., at which time the Dryden Estates public hearing will be opened and continued without taking testimony, the Board will only return for this purpose and will then adjourn, motion carried unanimously.
9:00 p.m. Dryden Estates Public Hearing, cont.
Richard Gosselin read letter from Land Planning requesting a continuation of the public hearing to April 14, 2008.
Motion by Richard Gosselin, seconded by Scott Mueller to continue the public hearing to April 14, 2008 at 8:45 p.m., motion carried unanimously.
Adjournment
Motion to adjourn by Richard Gosselin, seconded by Scott Mueller, motion carried unanimously. Meeting adjourned at 9:00 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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