The regularly scheduled meeting of the Millbury Planning Board was held on Monday, April 11, 2011, at 7:15 p.m., in the Municipal Office Building, 127 Elm Street, Millbury, MA. Chairman Richard Gosselin presided.
Present: Richard Gosselin, Gary Schold, Jeff Markarian, Anna Lewandowski, Paul Piktelis, Associate Member Edd Cote
Minutes
Motion to approve the minutes of April 11, 2011 by Anna Lewandowski, seconded by Paul Piktelis, motion carried unanimously.
7:30 p.m. 13 Hayward Glen Drive, Gregory McRae, Accessory Dwelling
Special Permit Public Hearing
Clerk Gary Schold read the public hearing notice. Gregory McRae addressed the Board. This apartment is for his in-laws. It would keep his family close, be financially beneficial, stabilize property value and help his in-laws. The bylaw allows 675 sf of habitable space, he is proposing 560 sf. All utilities will be through the existing house. He indicated that he spoke to several of his neighbors and is open to working with the Planning Board. One change to the plan is being made, the bulkhead is being moved from the south side of the house to the east side of the house.
Clerk Schold read letter from Building Inspector Bob Blackman, Building Inspector, explaining why this project meets the definition of habitable space.
Mrs. Lewandowski asked if there was ever water in the cellar, Mr McRae responded no, not in five years he lived there.
Chairman Gosselin opened the meeting to the public.
Lee Matys, 2 Augusta Drive: lives across the street, outlined three areas of concern: Bylaw Issues, Plan Inaccuracies, Questions. He stated that this will lower the property value of other neighbors, aesthetic value will be lowered, this is equivalent to two homes on one lot, building is a 1,307 sf structure, this is a ranch style, others in neighborhood are colonial.
Bylaw issues: Non-compliance with sections 46.22, paragraph 5; 46.2.3 paragraphs 3, 4, 5 and maybe 8
Plan inaccuracies: 61’4” structure, 1307 total square footage with garage and breezeway, shows door facing west on present which is not on house; side elevation should really be called front elevation as it faces Augusta Drive corner lot, which faces his house – and is a doorway permissible there?
Questions: clarify use of loft, cellar and possible storage of tools and machinery
Mr. McRae stated that he can’t relocate the door, he is on a corner lot and the front of his house is at 13 Hayward Glen Drive. The loft and cellar are for storage, no mechanical equipment there, maybe a work bench or hobby area.
Bill Borowski, 18 Shirley Ave.: Spoke in support of this project, was Chair of the Planning Board at the time the Accessory Dwelling Bylaw passed at town meeting, this fits the requirements of the bylaw, as written.
Mrs. Lewandowski added that she was concerned about this bylaw for exactly this reason, she did not want to see a home added onto a home, this is a multi-family unit. She read Section 46.2.3 (8) and stated that she fought on town meeting floor against this, adding that she believes an accessory dwelling should be located within the existing house.
Dennis Damore, 12 Hayward Glen Drive: If granted this will become a legal two-family unit, and will be appraised as a two-family unit. The character of the neighborhood will be permanently changed by this. It is unreasonable to impact the value of all the neighbors to accommodate one family. The Board will never be able to monitor the usage there, and this can become a rental unit for other than family members. It will create a precedent, where will the line be drawn? Multi-family homes will go up everywhere in Millbury. There are many other homes and areas suitable to accommodate multiple family members.
Brian Gentile, 3 Augusta Drive: Concerned with size, this is a full apartment, it is 6’ to 8’ high on a slope above his home now, it will be over 25’ high on that side.
Oliver Mason, 5 Augusta Drive: The size of the project is out of proportion for the neighborhood, Mr. McRae approached the neighbors, but it was after the fact.
Angelo Sabatelo, 15 Hayward Glen Drive: A previous speaker in favor of the special permit does not live in this neighborhood, he said this does not meet the spirit of the bylaw, use a reasonable man’s assumption, what would be inferred? Do you see an in-law suite, or an actual duplex?
Edd Cote asked the Chair if it would be appropriate to ask for a show of hands as to who is in favor and who is against this? Mr. Mason asked if they would be able to determine how many of those in attendance actually lived in the neighborhood. A vote did not occur.
Mr. McRae stated that there are homes at 11 Hayward Glen Drive and 12 Hayward Glen Drive that are 3200 sf and 3550 sf, with his addition his home would be about the same. He reminded the Board that the zoning enforcement officer submitted an opinion letter.
Jo-Ann Damore, 12 Hayward Glen Drive: Mr. McRae did not speak to her about this application. The dimensions are not correct. There are lots of other areas in town which have multi-family homes on them and are available for people who want to live like this.
Najam Dean, 6 Augusta Drive: Mr. McRae did not talk to him either. He, too, is concerned with adding a multi-family home in what was intended to be a single family neighborhood.
Mr. Gosselin asked the abutters why they believe that this project will impact their property values. It was stated that homes now would be compared to similar homes in a single family neighborhood, once a multifamily goes in, homes will be compared to those in mixed neighborhoods, lowering the values.
Mr. McRae stated that he has roots in Millbury, wants to stay here with his children, family and in-laws.
Mr. Gosselin asked him if he would be willing to change the floor plan, decreasing the length. Mr. McRae wants to use the breezeway for access to the rear yard, he agreed to try to cut down the size, and bring it closer to his house. Mr. Gosselin also asked for a surveyor’s stamp on the plan. A site visit will be conducted by members, and the bylaw will be reviewed.
Mr. Cote referenced Section 14.3 and whether this project meets the purpose and intent of the bylaw.
Mr. Schold reminded the Board that this bylaw was adopted, in part, to prevent illegal apartments in existing houses.
Motion by Gary Schold, seconded by Jeffrey Markarian, to continue the public hearing to April 25, 2011, at 7:15 p.m., motion carried unanimously.
8:25 p.m. Murgo Trucking, Inc., 333A Southwest Cutoff, Site Plan and Stormwater Special Permit, continuation of public hearing
Bob Murphy reviewed the plan revisions from the last meeting, and submitted comment letter dated April 11, 2011. He advised that he met with the Earth Removal Board and Conservation Commission, and has a Federal Stormwater Pollution Plan.
Mr. Gosselin asked him to add 1’ contour lines in grey scale, if no isometric drawing or locus plan is to be submitted a waiver request will be required, together with the appropriate fee. He asked about the right-of-way, and its ownership, and whether it was classified as a private road. He was advised that Bob Miller owns the roadway.
Mr. Schold stated that when Mr. Miller came to the Board to have the road named, he was asked to clarify its status. Mr. Murphy said the road was used as an easement for twenty years, all of Wheelabrator’s frontage is along this road, both Wheelabrator and Murgo will have easements now.
Mr. Gosselin asked what the address will be. Mr. Murphy advised that this property went through the ANR process in 2010. Mr. Gosselin asked him whether this was a private road or an easement, to please clarify.
Mr. Murphy was asked to add the sloped curbing to the plan (easier on truck tires).
Mr. Murgo will be granting Wheelabrator an easement for the water line and Mr. Murgo will need an easement from Wheelabrator for the slope.
Motion to continue public hearing to April 25, 2011, at 8:00 p.m. by Gary Schold, seconded by Jeff Markarian, motion carried unanimously.
Chair Gosselin declared a three minute recess.
9:20 p.m. Discussion/Decision Engineering Consultant to Planning Board
Paul Piktelis stepped down.
References have been called for the final three candidates. Each asked the same series of six questions.
Richard Gosselin called references for the Beta Group: Bellerica, Natick and Wellesly.
Jeff Markarian called references for Graves Engineering: Dudley, Holden and Boylston.
Gary Schold called references for Tighe & Bond: Palmer, Lancaster and Worcester.
The recommendation came to a vote:
Anna Lewandowski, Gary Schold and Associate Member Edd Cote were in favor of Tighe & Bond.
Jeff Markarian and Richard Gosselin were in favor of Graves Engineering.
Upon majority vote, Tighe & Bond will be recommended for consulting engineer to the Board.
Paul Piktelis returned to open meeting.
Adjournment:
Motion by Gary Schold, seconded by Jeff Markarian, to adjourn the meeting. Motion carried unanimously. Meeting adjourned at 10:05 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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