The regularly scheduled meeting of the Millbury Planning Board was held on Monday, January 23, 2012 at 7:00 p.m. in the Municipal Office Building, 127 Elm Street, Millbury, MA. Chairman Richard Gosselin presided.
Present: Jeffrey Markarian, Richard Gosselin, Anna Lewandowski, Paul Piktelis, Alternate Member Michael Georges
Absent: Gary Schold
7:15 p.m. Discussion of Recommendation for Cronin Brook Heights Roadway
Paul Piktelis and Michael Georges stepped down (abutters).
Town Planner Connors advised the Board that there was one minor issue, some repair work to be done around a manhole.
Mrs. Lewandowski asked if the drainage was functioning properly and Mr. Gosselin stated that he was just there during the last big rainstorm and the catch basins and discharge system were all working. Mrs. Lewandowski would like the DPW Director to inspect and submit his opinion in writing prior to town meeting.
Ms. Connors advised that Tighe & Bond have completed their inspections there.
Motion by Jeffrey Markarian, seconded by Anna Lewandowski, to recommend acceptance of the Cronin Brook Heights roadways, and to confirm that the roadways were built in conformance with the approved plan, with the condition that the repair to the manhole be completed and a letter from the DPW Director regarding the drainage. Motion carried unanimously.
Mrs. Lewandowski also asked the developer if he would discard the sign that blew down and is now covered with snow, and he agreed.
Paul Piktelis and Michael Georges returned to the meeting.
7:30 p.m. 71/73A McCracken Road – Hampton Street Baptist Church Public Hearing
Jeffrey Markarian read the public hearing notice.
John Grenier, Grenier Associates presented the proposal. The building will be 8840 sf, with 109 parking spaces, private well and septic. The Allaire parcel to the rear and the vacant parcel on the corner of McCracken Road and Dwinell Road are to be purchased. Parking will be mostly to the rear. One waiver for curbing has been requested.
Access off of Dwinell Road is impaired due to the small island and utility pole there. Applicant is proposing a stop sign, directive signs and arrows.
Mr. Markarian read letter from Acting Police Chief Mark Moore who is concerned with the volume of traffic, suggests a traffic light at Greenwood and McCracken Roads, equipped with an opticom system, and detail officers for Sundays.
Mr. Grenier stated that there will be no effect on McCracken Road, services are spread out over the morning, with approximately 50 parishioners.
Ms. Connors advised that she was at the site and attempted to exit from Dwinell Road, while someone else was trying to enter. This is a poor intersection and the island and pole will be difficult, road is narrow and in poor condition. She is concerned with safety and would recommend the island be removed.
Mrs. Lewandowski recommended Dwinell Road be updated and repaired. Mr. Gosselin agreed that the island should be eliminated and the pole re-located.
Mrs. Lewandowski asked if the soil had been tested for contaminents.
Mr. Gosselin reminded the applicant that the plan must contain the correct datum, monuments must be located at all corners and the plans must be stamped.
Chairman Gosselin opened the meeting to the public.
Michael Koninsky, 390 Greenwood Street stated that members of his family live near this property, their property was tested and no contaminated soil was found. He is familiar with this church in Auburn, there is very little traffic impact there, it is in a residential area, it will be a good neighbor to the McCracken Street residents.
John Mahan, 5 Dwinell Road, stated his concern with access in and out of Dwinell Road. Of 48 accidents reported there, 9 had personal injuries. He looked at the meeting schedule of the present church, which included Sunday morning worship, Sunday School, Monday and Wednesday workshops and meetings. He asked if the environmental concerns were addressed with the Conservation Commission yet, and was concerned with church growth which would create more traffic. The pitch of Dwinell Road creates runoff.
Motion by Jeffrey Markarian, seconded by Paul Piktelis, to continue the public hearing to Monday, February 13, 2012 at 8:30 p.m. Motion carried unanimously.
Other Business
Shoppes At Blackstone Valley – Kohl’s snow removal: Town Planner Connors has had no response from them. Mr. Gosselin wants Kohl’s on notice that if the snow is not removed the Board will take action against them. A letter will be sent.
8:15 p.m. 29 McGrath Road, Public Hearing, cont.
Jeffrey Markarian read letter dated January 23, 2012 from Kathy Fairbanks, McGrath Road, asking about long-term effects on water and would the Board consider a water study? Soil there is clay, doesn’t drain, she would also like an independent soil analysis. Mr. Gosselin stated that their engineering firm would already be held responsible.
Mrs. Lewandowski asked what percentage of the property would be used for the solar farm. The parcel is 65 acres, and 30 acres would be developed. She also asked about work within the wetland areas and if there were any hazardous materials that would be on site, what materials would be stored and how high the panels would be. Mr. Abalo (developer) stated that no work would be done in any wetland area, If the materials were ingested they could be hazardous. If there was a fire on one of the panels the panel would melt and might emit a gas, but nothing would occur if it were damaged. The only types of materials to be stored would be lawn or cleaning products. The panels would be 7 – 8 feet high, they have to account for snow accumulation.
Mrs. Lewandowski also asked where the water residue would go if the panels are washed, how far it was to the pond, have soil samples been taken, will there be noise, a generator used, is it zoned for this use and what the application fee was. An order of conditions from the Conservation Commission has been issued, grading will be maintained to direct the water to three detention ponds on site. The water should not reach the pond. No soil samples have been taken, but soil calculations were completed. A well will be used for water for the maintenance building. No generators will be used, there will be no noise. Ms. Connors advised that solar power is considered a protected class, allowed by right, and not covered by a specific bylaw right now. The application fee was $500.
The Board discussed comments received from Tighe & Bond.
Mr. Gosselin is concerned with the fact that two lines being used are on the same pole and the risk of failure. He was told that National Grid would make that determination. Mr. Gosselin would like the lines for the inverters shown on the plan. He also asked what would happen if the Grid could not accept any more electricity, will there be a problem on site? Fire issue?
Gus Abalo responded saying if there was a problem in the circuitry it would not catch fire, he has submitted a diagram already explaining how the systems interconnect. National Grid will do a system impact study and he can provide a copy to the town when he has received it. He will also provide a breakdown on the electricity that is generated which he will obtain from his electrical engineer.
A copy of the flood map of the property was submitted to the Board.
Mr. Gosselin asked how the town would know when this site ceases to produce energy. Attorney Fenton advised that the applicant is required to notify the town, and the town has the right to access and determine if the farm has been abandoned.
Meters will be on site at the point of interconnection with National Grid.
Mrs. Lewandowski asked how close the abutter’s wells are and how will this project affect their property values. Attorney Fenton stated that there will be no contamination to any wells. Impact to property values cannot be determined.
Mr. Gosselin asked if there was anything on site that could electrocute someone. Mr. Abalo said that the equipment would have to have been tampered with, it will be secure, there will be signage. Attorney Fenton advised that there will be surveillance equipment on site, ttriggers on the panel and there will be remote access.
Mr. Piktelis asked if the applicant was currently operating at any other sites and whether he has applied for any type of project viability with National Grid. Mr. Abalo answered he did not have any other sites, but his partner does in California and Arizona. Federal law mandates that power be purchased, this will be a qualified facility. Mr. Piktelis asked if the Fire Chief has submitted any comments, Ms. Connors responded no. The Board would like to obtain a response from Chief Belsito.
Chairman Gosselin opened the meeting to the public.
Dick Valentino asked how the town will benefit from this large project.
Attorney Fenton stated that this project is allowed by right, the property will be taken out of Chapter 61 A protection and there will be a pilot program in place with the town. He then asked the Board to close the public hearing.
Motion by Jeffrey Markarian, seconded by Paul Piktelis, to continue the public hearing to February 13, 2012 at 7:00 p.m., motion carried unanimously.
9:30 p.m. Warrant Articles – Proposed Zoning Changes
Ms. Connors advised that a public hearing will be scheduled for the second meeting in February. Revisions to the zoning bylaw will include a new solar bylaw, modifications to the accessory dwelling bylaw and to site plan review.
FY 2013 Budget Discussion and Approval
The Planning Department would like to purchase additional file cabinets. The new open meeting law requires all materials to be retained, including all revisions to plans. The budget will otherwise remain level funded.
Motion by Jeffrey Markarian, seconded by Paul Piktelis to approve the FY 2013 budget as submitted, motion carried unanimously.
Other Business: 54-56 Canal Street (Ice Cream Barn)
Ms. Connors advised the Board that there have been some changes to the plan, including decorative aspects, the roof line (which was approved by the Building Inspector), missing curbing, dumpster enclosure, and stairs. She has spoken to the property owner and his engineer. He will come to the Planning Board for approval. The Board will not consider any further changes unless they are brought before the Board prior to being constructed.
Adjournment
Motion to adjourn by Jeffrey Markarian, seconded by Paul Piktelis, motion carried unanimously. Meeting adjourned at 9:50 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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