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Planning Board Minutes 05/14/07
The regularly scheduled meeting of the Millbury Planning Board was held on Monday, May 14, 2007, at 7:15 p.m, in the Municipal Office Building, 127 Elm Street, Millbury, MA.  Chair Anna Lewandowski presided.

Present:  Rusty Valery (departs at 8:10 p.m.), Brian Stowell, Anna Lewandowski, Richard Gosselin, Associate Member Scott Mueller

Chairman Lewandowski thanked the voters and William Borowski, outgoing member of the Board.  

7:15 p.m.       Couture Definitive Plan Modification

The Board held a lengthy discussion in an attempt to arrive at an alternative drainage solution.  Various options were proposed, including increase in pipe size, easement to divert across abutting Hanratty property, solid pipe versus perforated pipe and responsibility for clean out.   The Board agreed to continue this discussion later in the evening.

7:45 p.m.       Watson Estates Performance Guarantee Mylar Signing

Town Planner Connors advised the Board that the Guarantee is not ready for this evening.

7:50 p.m.       Mazza Public Hearing, cont.

Revised plans were submitted.  The number of units were reduced to six.  

Chair Lewandowski opened the meeting to the public for comments.  Residents had the following concerns:

·       Proximity of building to abutters
·       Location of driveway, and request to partially pave, leaving grass to the back of the lot
·       Concerns with demolition of existing barn and impact to abutting fence owned by Wilzynski
·       Density and proximity of building to Main Street
·       Number of traffic accidents

Richard Valentino advised the Board that he was the Chairman of the Board of Appeals, however he is speaking before the Board as a citizen only, and if this applicant must appear before the Board of Appeals, he would step down.  Mr. Valentino raised the following issues:

·       Number of bedrooms in each unit
·       Location of detention pond
·       Site distances, traffic and safety
·       Lot coverage
·       Suggested reducing to five units


Planning Board members also raised issues, which included:

·       Create a landscape barrier between street trees and detention basin
·       Concern with standing water
·       Enhanced architecture on the Main Street side, keeping with historic buildings in area
·       Coordinate system included on plan not complete
·       Relocate detention basin, and safety issues with proximity to high school
·       Consider underground chambers for drainage and eliminate detention pond
·       More specific details on retaining walls, and attention to architectural detail
·       Additional parking
·       Area for snow storage
·       Address issue of 10’ setback for driveway

Two letters were read into the record:

·       Letter dated May 10, 2007 from Ronald DeSantis, Building Inspector indicating that he had no comment at this time
·       Letter from Acting DPW Director/Sewer Superintendent Brad Lange outlining requirements for sewer connections and advising of financial assessments

Also read into the record was the accident report sheet prepared by Sergeant DeSourcey.

Motion to continue the public hearing to Monday, June 11, 2007 at 9:00 p.m. by Brian Stowell, seconded by Richard Gosselin, motion carried unanimously.

8:30 p.m.       Couture Definitive Plan, continuation of discussion

Mr. Perkins submitted letter dated May 8, 2007 from Attorney Peter Keenan regarding the easement to be granted by abutter Chester Hanratty, which was read into the record.  

Motion to approve the plan as submitted, dated September 19, 2006, last revised April 26, 2007, prepared for Chester and Karen Hanratty and Roland Couture, by Land Planning, Inc.,  by Brian Stowell, seconded by Richard Gosselin.

Motion to reconsider the motion by Brian Stowell, seconded by Richard Gosselin, motion carried unanimously.

Motion to approve the plan as submitted, dated September 19, 2006, prepared for Chester and Karen Hanratty and Roland Couture, by Land Planning, Inc.,  with the addition of the requirement to install additional clean outs at the intersection of the 4” foundation subdrain with the 6” PVC perforated pipe, the 4” roof drain with the 6” PVC perforated pipe, and every 150’ along the 6” PVC perforated pipe thereafter, by Brian Stowell, seconded by Richard Gosselin, motion carried unanimously.

8:45 p.m.       130 Westborough Street Public Hearing

Attorney Keavany was present on behalf of the applicant.  A variance has been received from the Board of Appeals (to work within a 2 ½ foot railroad setback).  There are presently two office buildings on site, a third building will be constructed.  The applicant proposes to process non-asphalt material on site.

Robert Duff, Lenard Engineering addressed the Board and gave an overview of the proposal.  

Comments from the Town’s consultant, Graves Engineering were reviewed.  A solid waste permit from DEP will also be required.

Mr. Gosselin identified deficiencies in the plan, including missing coordinates and unclear datum references and elevations, monumentation at all corners not present.  He questioned the height of stockpiled materials, wetland protection measures, and whether there would also be stump grinding (no).

Mr. Stowell was concerned with noise, hours of operation, proximity to the railroad tracks, minimizing impact by identifying location of crushing operation in the middle of the property, and DEP restrictions.  

Town Planner Connors identified her concerns to include significant dust and the necessity for mitigation measures, and advised the Board that there were three waivers being requested – traffic impact assessment, submission of building elevation plans, and elevation and façade treatments (she recommended the Board deny this third waiver request).

Mr. Stowell read letter dated May 7, 2007 from the Conservation Commission advising that this site is subject to the Wetland Protection Act, and filing will be required.

An e-mail from Inspector of Buildings Ronald DeSantis stating that at this time he had no comment.  

The meeting was opened to the public.

The following issues were identified by those in attendance:

·       Number of companies that would be operating there (two – the present company and Treeline Construction Co.)
·       Mr. Copp, 77 Pointe Rok Dr. submitted photos from approximately 5 years ago which depicted rock demolition on the property (present applicant was not owner at that time)
·       Environmental issues
·       Trash on site to include desks, sewer covers  (Mr. Stowell stated that he recently visited the site and 90% of the trash has been removed)
·       Location of power easement
·       Concern with DBA rating for machinery
·       Limit on hours of operation
·       Request for buffers
·       How is solid waste identified (sorted rock)
·       Limit height of stockpiles
·       Limit what types of  materials can be stored on site
·       Dust
·       Noise pollution
·       Destruction of vegetation by dust layers
·       Notification that there are plans to expand the existing condominium project which abuts the property
·       Safety concerns
·       Traffic concerns, including identification of narrow bridge, no sidewalks present
·       Increase in truck traffic (to double)
·       Dust along long dirt driveway to property
·       Request to screen property to benefit abutters
·       Concern that processing area is located at the highest point on site
·       Proximity to residential areas

Ms. Connors commented on buffering of site, to consider stockade fencing, hemlock and other deciduous trees and the inclusion of decorative vegetation and fencing on the front of the property.

The Board requested further information on truck and weight limits for the access roads located in Worcester and Grafton.

Motion to continue the public hearing to Monday, June 25, 2007 at 7:30 p.m. by Brian Stowell, seconded by Richard Gosselin, motion carried unanimously.

Chair Lewandowski declared a two minute recess.

9:50 pm.        McCracken Meadow a/k/a Allaire Farm Estates Public Hearing

Mr. Stowell read the public hearing notice.

Chair Lewandowski advised the applicant the Mr Valery left the meeting due to an emergency, however town meeting passed a bylaw in May which would allow him to be eligible to vote on this application if he views the videotape.  

Attorney Finkelstein identified the applicant as Coldwater Construction Company, it is not Donald Allaire.

Paul Hutnak, the applicant’s engineer addressed the Board and reviewed the modifications to the plan, which include the removal of four lots and the second roadway.  There are 20 units on 8 lots along a cul de sac roadway, with two ANR frontage lots on Dwinell Road.  Building footprints have been reduced,  as have impervious areas.  Plantings will be included in the low impact detention basin and a wood chip walking trail will be included as an amenity.  There are overflow parking areas in three areas.  An island in the cul de sac has been added.  

The roadway has been reduced from 1690 feet to 600 feet.  A private condominium association will be created to exist in perpetuity.

Eric Eby, traffic engineer reviewed the traffic report, peak hour traffic and counts taken near the Farmer’s Daughter.  

Two waivers (cement sidewalks and granite curbing) are being requested.

Mr. Stowell read letter dated May 7, 2007 from the Conservation Commission which advised that a wetlands filing will be required.

The meeting was opened to the public, and the following concerns were raised:

·       Traffic and safety concerns
·       Concerns with the nearby “S” curve
·       Disturbance to the scenic road
·       This project does not fit in with the topography and the neighborhood
·       Concerns with entering and exiting the site
·       Environmental concerns
·       Over-development of area
·       Downstream runoff
·       Concern with one septic system for the entire project
·       Water quality and impact to existing wells
·       Blasting and contamination
·       Request that surety be set aside to mitigate any problems which might occur during construction

Ms. Connors read the present conditions placed on the project.

Ms.Lewandowski would like further information as it relates to the proposed septic design, including Board of Health comments.  An area for school buses to pick up students should be considered for safety reasons, as should a sidewalk from the roadway on the plan to Dwinell Road.

Mr. Gosselin identified deficiencies on the plan, such as the planting easement which was removed from the plan, monuments that have been omitted and datum requirements which have not been met.  

Motion to continue the public hearing to June 25, 2007 at 8:15 p.m. by Brian Stowell, seconded by Richard Gosselin, motion carried unanimously.  

10:45 p.m.      Curve Street Multifamily Public Hearing

Mr. Stowell read the public hearing notice.

Rob Knapik, attorney and engineer spoke on behalf of the applicant, Exceed Realty.  Two units are proposed on a 34,000 sf parcel.  A response to comments from the Town Planner were submitted and reviewed with the Board.  

Mr. Stowell read letter dated May 14, 2007 from acting DPW Director Brad Lange, which addressed the waiver request, and email comments from Mr. Lange regarding sewer requirements.

The meeting was opened to the public and the following issues were identified:

·       Impact to neighborhood and derogation from single family character
·       Parking along Curve Street
·       Swamp present on property, contradiction to Conservation Commission that wetlands do exist on site
·       Water runoff and drainage concerns
·       Building as proposed too large for the lot
·       Abutter L’Esperance, 10 Curve Street complained that he would no longer be able to access his backyard, as he uses this property to do so and he has been considering filling in his yard (developer agreed that up to the point of construction he could access using this property, within limits)

Motion to close the public hearing by Brian Stowell, seconded by Richard Gosselin, motion carried unanimously.  Mr. Mueller was a voting member in the absence of Mr. Valery.   The Board agreed to discuss a decision at 7:00 pm. on June 11, 2007.

11:15 p.m.      Griggs – Stone Road ANR Plan

Mr. Stowell read the waiver request.  Applicant has submitted a check in the amount of $150 which was the cost estimate from CMRPC to digitize the plan.  Mr. Gosselin raised issues with this.  It was agreed that Mr. Gosselin will contact CMRPC to work towards a resolution.  

Other Business:

1.      Mrs. Lewandowski requested the Board conduct a site visit to Cronin Brook Heights as she identified the following issues:  boulders are along the proposed bike path, erosion and falling of additional boulders,  pipes not draining properly, work being conducted on Sunday, 10 foot deep openings, and gabian wall construction.  The Board agreed to schedule a site visit on Saturday, May 26, 2007 at 9:00 a.m., which will include Cronin Brook Heights, Autumn Gate Estates and Oakes Circle.

2.      Registry of Deeds plan signatures:  the Board agreed that only one signature would be necessary, and identified Brian Stowell and Anna Lewandowski to be eligible for signing.

Adjournment

Motion to adjourn by Richard Gosselin, seconded by Brian Stowell, motion carried unanimously. Meeting adjourned at 11:45 p.m.











Respectfully submitted,


Susan M. Dean

ATTEST:

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