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Planning Board Minutes 11/13/2006
The regularly scheduled meeting of the Millbury Planning Board was held on Monday, November 13, 2006,  at 7:00 p.m.., in the Municipal Office Building, 127 Elm Street, Millbury, MA.  Chairman William Borowski presided.

Present:  Anna Lewandowski, William Borowski, Richard Gosselin, Rusty Valery.

7:05 p.m.       Gould Street/Elmwood Terrace – Couture Def. Plan Decision

Motion by Richard Gosselin, seconded by Rusty Valery, to grant approval of Definitive Subdivision of Land, prepared by Land Planning, Inc., dated September 19, 2006, prepared for Roland Couture, property owned by Chester and Karen Hanratty, with conditions a – i, motion carried on a 3-1-0 vote.  Mr. Borowski abstained as he was not present at the public hearing.

Mr. Gosselin noted that there should be two monuments listed on the plan, only one is shown.  A letter from the applicant will be submitted to the Board.  

7:10 p.m.       Election of Clerk

Motion by Richard Gosselin, seconded by Anna Lewandowski to nominate Rusty Valery as Clerk, motion carried unanimously.

7:15 p.m.       Cronin Brook Heights, Public Hearing, cont.

Attorney Resnick and Developer Bob McKie were present.  

Mr. McKie addressed the Board and provided a status report, which  he reviewed with the Board.  

Ms. Lewandowski identified her major concerns with the project, which included the curbing which has not been properly set, the sidewalk is not depicted on the plan, the temporary end of the roadway does not have a defined stopping area, work continued to approximately 7:45 p.m. on Thursday, past the working hours established in the decision, and concerns with the structural integrity of the gabian wall.

Mr. McKie was asked to forward a copy of the structural design plan for the gabion wall, which has been stamped by a professional engineer, and he agreed to do so.

Jeff Walsh, Graves Engineering conducted a site visit today.  Damaged catch basins have been raised, top course paving is ready to begin, gravel placement has begun and will be tested shortly.  

Ms. Lewandowski visited the site and stated that she still has concerns with drainage and the raising of catch basins and questioned the status of the grade level of the frames and grates of these basins as of October 2nd.  

Mr. Valery stated that he visited the site during a recent rainstorm, spoke to several families already living there, and saw the poor condition of the project that must be corrected for the residents.

Mr. Gosselin advised that the pitches and grades on at least one lot were not designed by an engineer, and has to be corrected.   Mr. McKie asked the Board to intervene with the current homeowner, and he would re-grade the yard and implement a plan to correct the problem.  He has also visited the site during a rainstorm and admitted that there is a problem there.  He has informed the homeowner by letter of his plan.

Ms. Lewandowski wanted the Board to require that any further earth removal go before the Earth Removal Board.  

Chairman Borowski granted a two minute recess to allow the developer and his counsel to review proposed language for modification of conditions.  

Paula Darling, 12 Cronin Brook Way, advised the Board that at no time did they refuse to have work done on their property.

There was no further public input.

Motion to close the public hearing by Richard Gosselin, seconded by Anna Lewandowski, motion carried unanimously.

Motion by Richard Gosselin, seconded by Rusty Valery, to revise condition 36 of the Certificate of Approval as identified in Cronin Brook Heights Draft Motion as revised on November 13, 2006 and attached hereto.  Motion carried unanimously.

Motion by Richard Gosselin, seconded by Rusty Valery, to revise condition 37 of the Certificate of Approval as identified in “Cronin Brook Heights Draft Motions” as revised on November 13, 2006 and attached hereto.  Motion carried unanimously.

It was agreed that the Town Planner and Jeff Walsh, Graves Engineering would work with the developer and the owners to correct conditions on Lot 12.

Motion by Anna Lewandowski to straighten out the roadways according to the original plan, seconded by Rusty Valery for discussion.  Motion was defeated, unclear as to content.

8:50 p.m.       Cronin Brook Heights Extension Public Hearing

Clerk Valery read the public hearing notice.

Attorney Resnick was present on behalf of the developer.  A request to extend time for completion of infrastructure for the period of one year, to November 23, 2007 is requested.  

There was no public input.

Motion by Richard Gosselin to close the public hearing, seconded by Rusty Valery, motion carried unanimously.

Motion to grant the extension for a one year period to November 23, 2007 as modified, (and attached hereto) by Richard Gosselin, seconded by Rusty Valery, motion carried on a 3-1-0 vote.  Anna Lewandowski was opposed.  She stated that the developer did not complete any work for approximately 4 – 6 weeks during the summer, if he had this extension might not have been necessary.

9:05 p.m.       Mangano Estates, Public Hearing, cont.

Marc Belanger, Hannigan Engineering was present to address the Board and gave a brief overview.  He stated that all items identified in the Graves Engineering review letter can be completed by the developer.  He will file with MEPA next month.

Mr. Gosselin identified a severe slope on the plan and suggested that the plan be re-designed.  He had additional concerns with water pressure and fire protection.  

Mrs. Lewandowski agreed that water flow was a concern and also identified the status of Braney Road as being an issue.

Clerk Valery read the amended letter from Fire Chief Rudge which identified location and installation standards for hydrants.

Other Business

1.      Town Planner Connors advised the Board that the National Heritage Corridor Commission is conducting a survey to identify areas for preservation.  Motion by Anna Lewandowski, seconded by Rusty Valery to endorse the town’s participation.  Motion carried unanimously.
2.      The Board will request that the DPW keep track of all subdivision roadways which required plowing and maintenance that should have been the responsibility of the developer.  The Town will then bill the developer for this expense.
3.      Hayward Glen II:  Lighting is still an issue.  Chairman Borowski advised the Board that he would like to speak on this when the developer comes before the Board of Selectmen tomorrow night.  Under no circumstance should the town pay for the installation of these street lights.

Mail

·       Bella Rosa Drive:  Clerk Valery read letter from residents of Bella Rosa Drive, submitted to the Board of Selectmen requesting that the town accept it as a public way at the next town meeting.
·       Chapter 61A agricultural land:  3.18 acres on Carlton Road is scheduled to be sold.  The town may exercise its right of first refusal.  The Planning Board had no comment.

Adjournment

Motion to adjourn by Rusty Valery, seconded by Richard Gosselin, motion carried unanimously.   Meeting adjourned at 9:45 p.m.

Respectfully submitted,



Susan M. Dean

ATTEST:

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