The regularly scheduled meeting of the Millbury Planning Board was held on Monday, January 9, 2012, at 7:00 p.m. at the Municipal Office Building, 127 Elm Street, Millbury, MA. Chairman Richard Gosselin presided.
Present: Gary Schold, Richard Gosselin, Anna Lewandowski, Paul Piktelis, Jeffrey Markarian, Alternate Member Michael Georges.
7:15 p.m. Cordis Mills – Dumpster Expansion
Colleen Cannon was present, she is the property manager for Cordis Mills. They would like to expand their dumpster area by four feet to include recycling. There is an approved location on the site plan, but at some point it was relocated to the rear, out of sight, and they are also requesting that it remain in this location.
Motion by Gary Schold, seconded by Jeffrey Markarian, to approve the new dumpster location and to expand it by four feet, to the left hand side as you are looking at it from the parking lot location. Motion carried unanimously.
7:20 p.m. Shoppes Snow Removal – Kohl’s and Target
Randy Williams from Target e-mailed a map of the proposed parking spaces to be used to store snow prior to removal. He is proposing 22 spaces and a maximum height of 1 feet of accumulation of snow.
Motion by Gary Schold, seconded by Jeffrey Markarian, to accept the proposed location for snow removal, of 22 spaces, with a maximum height of 12 feet of snow accumulation, motion carried unanimously.
Ms. Connors advised that she has sent e-mails to Kohl’s with no response. They had previously indicated that without anything having been put into the original decision they are not required to remove snow from the site.
7:30 p.m. 29 McGrath Road, Public Hearing, cont.
Mr. Gosselin asked about the location of the gas easement and wants to know where the gas line is, he wants it located on the plan. The flood zone is also to be shown on the plan. He asked who flagged the wetlands. Robert Corning, applicant’s surveyor advised that it was the firm of McKeon & Ford, Mr. Gosselin would like to have a copy of their credentials. He would also like the note that refers to survey data at 2 foot intervals removed, the town requires 1 foot intervals. Jamie Rheault explained the issues with the contours, and will convert to the town’s datum requirement.
Mr. Gosselin asked how the applicant would provide for fire and safety at the site. Mr, Corning advised that there is a 12 foot access road, panel systems have 13 feet of clear access through the aisles, gates are also provided. The likelihood of fire is very small.
Mr. Gosselin asked where the conduit lines will go and what happens to the site if the poles come down or it can’t release the energy because it has reached capacity. Information will be submitted at the next meeting.
Chairman Gosselin opened the meeting to the public.
Kathy Fairbanks submitted a package of information containing her research to the Board. She believes that Sutton is considering a proposal too, which would make this area the largest provider of solar power and she is asking the Planning Board to protect her. She has included information on fire department regulations.
Applicant will provide the radiation maps and contour maps for the area, with appropriate figures. He will also provide a location in the area so that the Board can visit the site.
Motion by Gary Schold, seconded by Jeffrey Markarian to continue the public hearing to Monday, January 23, 2012 at 8:15 p.m., motion carried unanimously.
8:15 p.m. 130 Westborough Street Stormwater Permit Public Hearing, cont.
Jeffrey Markarian stepped down from the Board.
Attorney Keavany was present. He addressed the cease & desist order from the Housing Court, and submitted copies of the docket to the Board. One memorandum was missing, he found out that it was a letter from Tom Brown dated September 6, 2006 regarding the continuation of the hearing, it is not a legal memorandum. There has been no further action since 2006.
Lenard Engineering submitted a written response regarding the water runoff at the northeast corner (Grafton line).
Parking reference was also discussed. Scott Charpentier, Lenard Engineering discussed the pad area, where the water is collected, slopes, and the use of berm at the perimeter to keep off-site water out.
Discussion as to whether the pad is an impervious area or a structure. ensued . Mr. Gosselin referenced Black’s Law dictionary and read its definition of a structure. It is his belief that this pad is in fact a structure by definition.
Mrs. Lewandowski asked that a copy of the January 3, 2011 letter from Derek Brindisi, Millbury Board of Health agent, be read into the record.
Attorney Keavany stated that they are working with the DEP to get processing permits, there are no civil enforcements, DEP was at the site a month ago to address a complaint from an abutter. Applicant will file with DEP for a rock processing permit, this will be its next step if the stormwater permit is received.
Steve Cope, Pointe Rok submitted letter dated March 13, 2009 to Town Planner Connors.
Ms. Connors has received notice of non-compliance at a meeting she attended with the Board of Health. Attorney Keavany advised that he would have liked to have been present at that meeting, DEP is aware of this project and they have been working with them.
Mrs. Lewandowski referenced letter dated May 20, 2008 requiring removal of all materials within 90 days. Mr. Keavany answered that his client was not in possession of a permit to process. This does not relate to the stormwater permit.
Chairman Gosselin opened the meeting to the public.
Steve Cope, Pointe Rok, Worcester, asked the Board to read the March 2009 letter into the record. Town Planner Connors advised that it was paraphrased already. He asked the Board to address the issues in the letter, adhere to the Board of Health letter, obtain a completely filled in stormwater application and have an independent person monitor compliance.
Worcester City Councilwoman Kate Toomey asked where the water runoff would go and was the culvert found. Mr. Gosselin stated that the engineer went to Grafton for the plan that delineates the path of water, and Ms. Toomey responded that this might be on paper, but what actually happens on site?
Attorney Keavany submitted a new application page to the Planning Board. He advised that since this was not a special permit application that section did not fall into the information he used to complete the form.
Motion by Anna Lewandowski, seconded by Paul Piktelis, to close the public hearing. Motion carried unanimously.
Attorney Keavanay advised the Board that he was unaware that member Jeffrey Markarian had recused himself from this public hearing.
9:00 p.m. Executive Session
Motion by Anna Lewandowski, seconded by Gary Schold, to enter into executive session for the purpose of discussing pending litigation and to return to open meeting thereafter. Upon unanimous roll call vote the Board entered into executive session.
130 Westborough Street Stormwater Permit Discussion
Mr. Schold had a difficult time understanding the DEP issues.
Ms. Connors advised the Board that she read all comment letters, listened to all comments, and drafted proposed conditions for the Board’s consideration. Ms. Connors read the draft conditions.
Clerk Schold read Exhibit D certifying that he has examined all evidence from the November 14, 2011 meeting, which he was absent for.
Motion by Gary Scold, seconded by Paul Piktelis to approve the Stormwater Management Permit for Treeline Construction, Inc., property located at 130 Westborough Street, Millbury, MA, under Section 16.3 of the Millbury General Bylaw, as depicted on plan entitled “Stormwater Permit Plan, 130 Westborough St., Millbury, Massachusetts”, prepared by Lenard Engineering, Inc. 19 Midstate Drive, Auburn, MA, as last revised on December 13, 2011, subject to conditions a – k. Motion carried on a 4-0-0 vote. Member Jeffrey Markarian was not a voting member.
Member Jeffrey Markarian returned to the open meeting.
9:30 p.m. 32 Grafton Street, Windle Performance Guarantee
Chris Windle was present to request a reduction in the performance guarantee for completing the sign installation and some landscape work. Town Planner Connors recommended the release of $4,576.
Chairman Gosselin remarked about the height of the sign on top of the mound of dirt, asked if the Building Inspector signed off on the sign and questioned whether the light bulbs complied with the Board’s approval. He would like to hold money until these questions are answered.
Motion by Gary Schold, seconded by Paul Piktelis to approve the release of $4,576 contingent on proof that the correct bulbs were used (warm light bulbs), and if not, the money will be released when they are replaced. Motion carried unanimously. The balance of $82,654 will remain.
Cronin Brook Road Acceptance
Chuck DeDoming could not be present this evening. Town Planner Connors recommended that the discussion be postponed until the next meeting so that he could be present. The Board agreed.
Minutes
Motion by Anna Lewandowski, seconded by Paul Piktelis, to approve the minutes of November 14, 2011, motion carried on a 4-0-1 vote. Member Gary Schold abstained as he was absent from this meeting.
Motion by Anna Lewandowski, seconded by Paul Piktelis, to approve the minutes of November 28, 2011, motion carried on a 4-0-1 vote. Member Jeffrey Markarian abstained as he was absent from this meeting.
Adjournment
Motion to adjourn by Paul Piktelis, seconded by Gary Schold, motion carried unanimously. Meeting adjourned at 10:05 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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