The regularly scheduled meeting of the Millbury Planning Board was held on Monday, September 24, 2007, at 7:15 p.m., in the Millbury Senior Center, 1 River Street, Millbury, MA. Chair Anna Lewandowski presided.
Present: Scott Mueller, Richard Gosselin, Anna Lewandowski, Rusty Valery
Absent: Brian Stowell
7:15 p.m. 84 South Main Street (Virginia Smith) Definitive Plan Public Hearing, con’t
Attorney Peter Keenan was present on behalf of the applicant and advised the Board that both lots will have insufficient frontage. Two waivers are being requested.
Motion by Richard Gosselin, seconded by Rusty Valery to close the public hearing, motion carried unanimously.
Waivers:
Motion by Rusty Valery, seconded by Richard Gosselin to grant a waiver from the frontage requirements for Lot 56, and Lot 55, motion carried unanimously,
Motion by Rusty Valery, seconded by Richard Gosselin to grant a waiver from the requirements of a definitive plan under Section 5.3 of the Town of Millbury’s Subdivision Rules & Regulations, and to only meet the requirements of an ANR submission, motion carried unanimously.
Motion by Rusty Valery, seconded by Richard Gosselin to accept the definitive subdivision plan entitled “Definitive Subdivision of Land for Property on #84 South Main Street, for Virginia G. Smith, Trustee of Virginia G. Smith Family Trust, Millbury, Massachusetts” dated July 30, 2007, prepared by Andrews Survey & Engineering, Inc., subject to the condition that the monuments shall be installed at the intersection of lot lines. The applicant shall excavate a hole sufficiently large to properly place the pipe and thoroughly tamp around them sufficient material to hold them securely in position. In instances where a retaining wall, stone wall or ledge interferes with an applicant’s ability to install an iron pipe, a drill hole may be substituted.
7:30 p.m. 130 Westborough Street Public Hearing, con’t
Attorney Don Keavany was present on behalf of the applicant. He advised the Board of a significant revision to the original plan. Portable processing equipment will be placed inside an existing building, which will be modified to accommodate it. All processing will be completed indoors. The building will become a concrete block building. A new building will be constructed to the north, which will also act as an additional sound barrier. Mr. Keavany submitted additional information on managing the construction and demolition waste.
Three garage doors will be located on one side and will remain closed during processing. A portion of another wall, where the hopper will be located, will be open, but will have material that will block open air.
Ronald DeSantis, Inspector of Buildings provided a timeline of events, which included cease and desist and stop work orders issued by both the Board of Health and the Building Inspector, lack of sanitary services and related court appearances.
Chair Lewandowski opened the meeting to the public.
Worcester City Council members Kate Toomey, Paul Clancy and Mike Perotto all spoke in opposition, citing concerns with cilica dust, health related issues, containment of sound, denial by the City of Worcester to tie into the sewer system, credibility of the applicant, ability to monitor the project, referenced letter from the Grafton Water District indicating that no application for water connection has been received, traffic impact and quality of life issues for abutters.
Freeman Shepard asked about the Board of Health’s cease and desist order, and John Hutchinson asked if the stop work order was lifted. Attorney Keavany replied that the applicant is not currently in violation of any town orders.
Steve Cope, Pointe Rok Drive, identified the following concerns:
· This is a residential area, regardless of the zoning in Millbury
· Conformity to stormwater management regulations
· Scrubbing of tires to prevent tracking of cilica dust
· Control of runoff
· Require weekly status reports if approved
· Use unannounced site visits
· Account for previous debris on the site, where did it go?
· Noise – hire the town’s own ambient noise specialist
· Why was the Board of Health cease and desist lifted?
Attorney Keavany countered by stating that DEP has received the proposal for review, bituminous concrete paving will be completed for the entire length of the roadway, the Town of Millbury is welcome to conduct site visits at any time, an ambient noise report has been submitted by the applicant, however it did not include noise levels for Pointe Rok because access was denied.
Clerk Valery read Conservation Commission memo dated September 24, 2007 which indicated that further review will be conducted when the applicant files a notice of intent, and an e-mail from Mrs. Cronin stating her concerns regarding possible consequences to neighboring children.
Richard Gosselin had a series of technical questions for the applicant, including the content of the processed materials, weight limit for truck traffic, maintenance of anti-tracking pads, street sweeping suggested twice daily, and drainage concerns.
Mrs. Lewandowski would like the applicant to research compliance with OSHA requirements, and Mr. Mueller advised that the issue of dust control remains unresolved.
In the absence of member Brian Stowell, Attorney Keavany requested that the public hearing be continued to allow a five member board to be present. Mr. Stowell will be eligible to vote on this application if all evidence presented this evening, including videotape, are reviewed by him.
Motion by Rusty Valery to close the public hearing. There was no second.
Motion by Rusty Valery to continue the public hearing to October 29th at 7:30 p.m., seconded by Richard Gosselin, motion carried unanimously. The Board will attempt to re-locate the meeting to the Senior Center for that evening also.
Chair Lewandowski declared a two minute recess.
8:55 p.m. Autumn Gate Estates
Dave Phillips provided a status on the construction of the walls. Excavation began today, it will take two to three weeks to complete.
9:00 p.m. Cronin Brook Tri-Partite Agreement and Release of Lots
Motion by Rusty Valery, seconded by Scott Mueller, to approve the Tri-Partite Agreement dated September 24, 2007, for the Cronin Brook Heights Definitive Subdivision in Millbury, motion carried unanimously.
Motion to release lots 13 and 14 by Rust Valery, seconded by Richard Gosselin, motion carried on a 3-1-0 vote. Anna Lewandowski was opposed, stating that she would like to see the other lots which have been released, completed first.
9:10 p.m. 133 Elm Street Multifamily Special Permit Public Hearing, cont.
Norman Hill, Land Planning, Inc., was present on behalf of the applicant, Steven Comolli. He advised the Board that Mr. Comolli would like to go forward with the presentation, and has requested the public hearing to be continued to allow the absent member to view the evidence from this evening, which would make him eligible to vote.
Attorney Spillane spoke as a representative of Pauline Salois, 135 Elm Street. Ms. Salois is opposed to this project, concerned with blasting. Mr. Comolli stated that there would be no blasting at this site.
Attorney Spillane advised the Board that Ms. Salois is an abutter, pursuant to MGL Ch. 40A, Section 11, but was not notified. Town Planner Connors responded that she is listed on the abutters list from the Town’s Assessor’s Office and all abutters were mailed a notice.
Attorney Spillane also advised that the town owns property between Ms. Salois’ property, and Mr. Comolli’s property, which constitutes a second means of access to the town hall. He suggested the Board notify the Board of Selectmen to remind them of this. The town holds a fee simple interest.
Mr. Hill advised that there will be an equal amount of cut and fill for this project. Mr. Gosselin asked for roof runoff drainage, and Mr. Comolli agreed.
Motion by Rusty Valery, seconded by Richard Gosselin, to continue the public hearing to October 22, 2007 at 7:15 p.m., at the Municipal Office Building, motion carried unanimously.
9:50 p.m. 4 Latti Farm Road – Discover Marble & Granite Public Hearing
Clerk Valery read the public hearing notice.
Michael Dryden, Heritage Design Group reviewed existing conditions, the proposal, Graves comments and comments from Town Planner Connors. Applicant will work with the Conservation Commission regarding snow removal and will also be required to file a notice of intent with the Commission. Signage details will be provided. Fill will be required.
Victor DiOliveira, owner and applicant, explained the business and the manufacturing processes used.
Clerk Valery read e-mail from Brad Lange, Acting DPW Director, requiring an escrow deposit for consulting services for the Sewer Commission.
Mr. Gosselin asked for monumentation, and datum to be show on the plan. Mr. Mueller asked if there would be any outside storage. (Privacy fence will be constructed.)
There was no public comment.
Motion by Richard Gosselin, seconded by Rusty Valery to continue the public hearing to October 29, 2007 at 7:00 p.m. Motion carried unanimously.
Other Business
10:15 p.m. McCracken Meadow Subdivision
Motion by Richard Gosselin, seconded by Scott Mueller, to approve the Covenant , dated September 24, 2007, from Coldwater Construction, LLC for McCracken Meadow Definitive Subdivision Plan, dated April 6, 2007, property located at 73 McCracken Roadmotion carried unanimously.
Shoppes At Blackstone Valley
Clerk Valery read letter from Al Rocco, WS Development, which indicated that construction on the stairway at Longhorn Steakhouse would begin October 1, 2007 and would be completed by October 15, 2007.
The Board will request that an additional set of stairs be constructed by TGI Fridays and Applebees.
McCracken Meadow Definitive Subdivision Plan Mylar Signing
Motion by Rusty Valery, seconded by Richard Gosselin, to approve and sign the McCracken Meadow Definitive Subdivision Plan, date April 6, 2007, as last revised on August 7, 2007, by Heritage Design Group, motion carried unanimously.
Adjournment
Motion by Rusty Valery, seconded by Richard Gosselin, motion carried unanimously. Meeting adjourned at 10:30 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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