The regularly scheduled meeting of the Millbury Planning Board was held on Tuesday, December 4, 2007 at 7:15 p.m., at the Municipal Office Building, 127 Elm Street, Millbury, MA. Chair Anna Lewandowski presided.
Present: Rusty Valery, Anna Lewandowski, Brian Stowell, Richard Gosselin, Scott Mueller
Minutes
Motion to approve the minutes of October 22, 2007 by Brian Stowell, seconded by Rusty Valery, motion carried unanimously.
Motion to approve the minutes of October 29, 2007 by Brian Stowell, seconded by Rusty Valery, motion carried unanimously.
7:15 p.m. Shoppes At Blackstone Valley: Discussion of Circulation
Property Manager Al Rocco was present. The Board asked him to consider a stairway linking TGIF restaurant with the cinema below.
Mr. Rocco replied that the slope is too steep, it would also lead to a parking lot where it would be dangerous for pedestrian traffic. He would consider a shuttle service and a partial sidewalk from the cinema to the Gap store. He could install “no loitering” signs. They are looking for an area to create a sub-station for the police.
The Board asked him to consider a pedestrian overpass from the Gap across the street to Staples.
7:30 p.m. School Committee: Discussion of Shoppes Fencing
School Committee Chair Jane Pojani advised the Board of the committee’s concern with the fencing behind Dick’s Sporting Goods, which leads to the Shaw Elementary School. It is frequently in need of repair, and opens to the school lot. The School Committee is opposed to allowing any foot traffic through this area, or any access to school property. Mr. Rocco indicated that he would be willing to install an additional chain link fence from the emergency gate, including the three foot opening to the corner of Kohls Department Store, for a distance of approximately 250 feet, to run parallel with the existing vinyl fence.
Motion by Brian Stowell, seconded by Rusty Valery, to approve the construction of a six foot galvanized chain link fence behind the vinyl fence, on the school side, from the emergency gate post to the bottom slope at the corner of Dick’s Sporting Goods, to include the three foot area where the vinyl fence is presently missing). Motion carried on a 5-0-0 vote.
7:50 p.m. Cronin Brook Heights Public Hearing on Construction Deadline Extension
Mr. McKie was present to address the Board.
Mrs. Lewandowski referred to condition #30 on the Board’s decision on the Definitive Subdivision Plan, which states that “no construction vehicles, equipment or materials shall be stored on Braney Road, Extension of Braney Road, bike path or any other public street”, and asked the developer to remove those vehicles which are located across the street from the Swenson property.
Mr. McKie provided a status on the progress on curbing, and also requested a continuation to allow for the removal of excess materials.
There were no public comments.
Motion by Rusty Valery, seconded by Brian Stowell, to close the public hearing. Motion carried on a 5-0-0 vote.
Motion by Brian Stowell, seconded by Richard Gosselin to modify the Certificate of Approval of Definitive Plan for Cronin Brook Heights, by extending the completion date for the construction of infrastructure and services for a period of eighteen (18) months, to June 4, 2009. Motion carried on a 5-0-0 vote.
Mr. Gosselin provided the history on the shifting of Braney Road, and the reasons therefore.
Motion by Richard Gosselin, seconded by Brian Stowell, to eliminate the applicant’s obligation to construct the sidewalk along the westerly side of Braney Road from Cronin Brook Way to the emergency access as depicted on sheet 7 of the original Definitive Plan. Motion carried on a 4-1-0 vote. Member Anna Lewandowski was opposed.
Motion by Brian Stowell, seconded by Richard Gosselin, to modify condition #12 of the Certificate of Approval of Definitive Plan for Cronin Brook Heights, by eliminating the requirement to mill and pave Braney Road, edge to edge. Applicant shall only be responsible for the repair of any damage caused by vehicles associated with the construction of Cronin Brook Heights, as required by the DPW Director. Motion carried on a 4-1-0 vote. Member Anna Lewandowski was opposed.
Tri-Partite Agreement: Request for Reduction
Town Planner Connors reviewed the items from the cost estimate which have been completed, and itemized the dollar value associated with them, which items include the completion of the gabion wall, and loam and seeding and the removal of the condition to mill and pave Braney Road. The cost of construction of the sidewalk would be approximately $89,000, less curbing.
Motion by Richard Gosselin, seconded by Brian Stowell, to release the sum of Fifty-Nine Thousand, Seven Hundred Ninety and 00/100 Dollars ($59,790.00). The remaining sum of Two Hundred Seventy-Six Thousand, Nine Hundred Sixteen Dollars ($276,916) will still be held for completion. Motion carried on a 4-0-1 vote. Member Anna Lewandowski abstained.
Harrington Agreement re: Easement
Regarding the sidewalk installation along Braney Road, Mr. McKie proposed an alternative for the Harrington property at 26 Braney Road, requesting a contingency plan be provided should he be unable to reach an agreement to obtain an easement from Mr. Harrington.
Motion by Scott Mueller, seconded Brian Stowell, to approve a contingency plan as an alternative to the grading and retaining wall for the Harrington property, as depicted on the approved Sidewalk Plan. In the event the developer is unable to obtain an easement from the owners of the Harrington property (26 Braney Road), the developer may construct a stone retaining wall equal to twenty-four (24) inches high, and approximately six (6) feet in length, abutting the sidewalk and within the right-of-way. Motion carried on a 4-1-0 vote. Member Anna Lewandowski was opposed.
8:50 p.m. Ralph Romano, Pre-Application Meeting, 50 Stowe Road
Mr. Romano would like to create three additional lots, making use of the Optional Residential Compound Bylaw. One lot would be existing, one lot would be built upon and two lots would remain vacant. Waivers would be requested, including the width of roadway (12 – 15 feet instead of the required 18 feet and 3 ½” of pavement versus 4 ½” required). It is proposed that at such time as the remaining two lots were ready for an occupancy permit, the entire bylaw would be complied with.
A cul-de-sac turn around would be built instead of the”T”, and one property line creating a small triangle would be re-located.
Town Planner Connors advised that a deadline for construction and a performance guarantee would be required.
The Board indicated that it would not support the 12 – 15 foot roadway.
9:25 p.m. Mangano Estates Public Hearing, cont.
Clerk Valery read letter dated December 3, 2007 from the Earth Removal Board to Anthony Mangano, issuing a cease and desist order until it can be determine whether more than 500 cubic yards of material were being removed, triggering an application with that Board.
Clerk Valery read letter dated November 14, 2007 from the Conservation Commission advising that an agreement has been reached identifying the delineation of various areas that are subject to the Wetlands Protection Act. Discussion followed regarding a parallel filing with the Commission.
A continuation of the public hearing was requested for January 14, 2008, at 8:00 p.m., and revised plans will be submitted to Graves Engineering.
Mrs. Lewandowski recommended that a hydro-geologist report be required. She expressed concerns with the new roadway, the potential to leave a gulf behind existing homes, and the location of the stream. She would like an overlay on the plan showing where the water will be directed. Mr. Hannigan agreed to provide a watershed analysis.
Mrs. Lewandowski read into the record, a letter she received from Christian David Primo, a botanist, expressing his concerns with the use of perchlorate and resulting contamination.
Mr. Valery read letter from Hannigan Engineering, requesting a continuation of the public hearing to January 14, 2008, and granting an extension of time for filing a decision to February 1, 2008.
Motion to continue the public hearing to January 14, 2008, at 8:00 p.m., by Brian Stowell, seconded by Rusty Valery, motion carried unanimously.
Motion by Brian Stowell, seconded by Richard Gosselin, to grant an extension of time for filing a decision to February 1, 2008, motion carried unanimously.
Other Business:
· Planning Board FY ’09 Budget - Review of preliminary budget
· 124 – 126 Grafton Street – the applicant is proposing a subdivision of this property, and based on the size of the proposal, he has requested that the technical review fee be reduced to $1,500 from the required $7,500. Motion by Brian Stowell, seconded by Richard Gosselin to reduce the technical review fee to $4,000, motion carried on a 4-1-0 vote. Member Rusty Valery was opposed.
Adjournment
Motion to adjourn by Brian Stowell, seconded by Richard Gosselin, motion carried unanimously. Meeting adjourned at 10:15 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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