The regularly scheduled meeting of the Millbury Planning Board was held on Monday, December 8, 2008, at 7:15 p.m., in the Municipal Office Building, 127 Elm Street, Millbury, MA. Chairman Richard Gosselin presided.
Present: Rusty Valery, Brian Stowell, Richard Gosselin, Anna Lewandowski, Jeff Markarian, Associate Member Peter Caruso, Jr.
7:15 p.m. Minutes
Motion by Brian Stowell, seconded by Rusty Valery, to approve the minutes of November 24, 2008, with one correction to page 3 (December), motion carried on a 4-0-1 vote. Member Jeff Markarian abstained.
7:20 p.m. Discussion: Modifications to Draft Wind Turbine Bylaw
Richard Valentino, Chair of the Board of Appeals addressed the Board and advised that he approves of the proposed bylaw.
After some discussion, the Planning Board approved the proposed revisions to the bylaw.
7:30 p.m. Hilltop Estates Definitive Plan Public Hearing, cont.
Clerk Valery read the public hearing notice.
This is a 3 lot subdivision off of Hilltop Drive. Applicant’s engineer reviewed the plan revisions. Board members advised that they were concerned with the proposed drainage ditches along the lot frontages, and asked the applicant to consider an alternative drainage system.
Clerk Valery read letter from Building Inspector Blackman indicating that he had no problems with the proposal, from DPW Director John McGarry outlining 23 points of concern and from Fire Chief Belsito regarding hydrant locations, fire apparatus turning radius, lighting near hydrants and fire codes.
Applicant addressed the Board and stated that he is trying to keep this as a small scale, residential development and would like to make one change to the plan, by removing the proposed island.
Chairman Gosselin opened the meeting to the public.
John Foley, 21 Shirley Avenue expressed concern with one way access, citing a safety issue exists and he questioned the lot marked as unbuildable (drainage lot).
Mr. Stowell volunteered to view the site and report to the Board as to whether the streetlighting currently there is sufficient.
Betty Foley, 21 Shirley Avenue would like the applicant to create a second access down to Wheelock Avenue through abutting property owned by the grandmother (applicant advised that these two properties do not abut one another).
Douglas Tant, 167 Wheelock Avenue expressed the same safety concerns.
Motion by Brian Stowell, seconded by Rusty Valery, to continue the public hearing to January 12, 2009 at 7:30 p.m., motion carried unanimously.
8:10 p.m. Lady Slipper Lane Definitive Plan Public Hearing, cont.
Clerk Valery read applicant’s request to continue the public hearing to January 26, 2009, which also granted an extension of time for rendering a decision to March 11, 2009.
Motion by Anna Lewandowski, seconded by Brian Stowell, to accept the extension of time to act to March 11, 2009, motion carried unanimously.
Motion by Brian Stowell, seconded by Rusty Valery to continue the public hearing to January 26, 2009 at 7:30 p.m., motion carried unanimously.
Chairman Gosselin declared a five minute recess.
8:30 p.m. Cronin Brook Surety Reduction
Bob McKie was present to address the Board. He reviewed the items which have been completed.
The Board is currently holding six lots until Braney Road sidewalks are complete. Ms. Connors advised the Board that the Town Manager has required her not to complete the sidewalks this fall, and she further advised that public ways are under the jurisdiction of the Board of Selectmen. Because the drainage issue involving lots 4 & 5 is on private property she asked the Board whether it wanted to keep this amount on the cost estimate. She did not expect it to be included.
The Board is currently holding lots 7, 8, 9, 10, 11 & 15.
Mr. McKie asked that lots 11 & 15 be released, as well as the sum of $140,716 from the Tri-Party Agreement.
Motion by Brian Stowell, seconded by Jeff Markarian to release the sum of $140,716, leaving a balance of $136,200 to be held in the Tri-Party Agreement. Motion was rescinded.
Motion by Brian Stowell, seconded by Jeff Markarian, to release lots 11 &15, and to hold the remaining four lots (7,8,9,10), motion carried on a 3-2-0 vote. Anna Lewandowski and Rusty Valery were opposed. Mrs. Lewandowski stated that the original condition required 6 lots to be held to complete the Braney Road sidewalk, this is another change to the conditions, which were put in place to protect the town. She did not think that the Board should use the 4 lots being held as surety for this purpose too.
Motion by Brian Stowell, seconded by Jeff Markarian, to reduce the Tri-Party Agreement by the sum of $140,716, with a balance of $136,200 to be held, motion carried on a 3-2-0 vote. Anna Lewandowski and Rusty Valery were opposed. Mrs. Lewandowski was opposed to reducing the surety for Braney Road sidewalk installation or any road repairs.
Mrs. Lewandowski believes that Lot 6 will not have sufficient frontage once a sidewalk easement has been granted, making it a non-conforming lot.
Other Business:
Autumn Gate Estates: The Board agreed to formally request the Building Inspector to withhold building permits (there is no surety presently in place).
Modifications to Subdivision Rules & Regulations:
Amendments are proposed for the following:
- Section 5.3.4 (a) 2: Environmental Analysis and Section 5.3.5 (b) Construction Plan
Update language to require one foot contour intervals
- Section 8.c.1: Performance Guarantee – Approval with Bonds or Surety
Modification requiring a $25,000 cash deposit to accompany a bond
The Board agreed to schedule a public hearing for January 12, 2009 at 8:15 p.m.
Zoning Bylaw Amendments: The Board discussed the required number of parking spaces for multifamily units. The Board will consider requiring 3 spaces for two bedroom units, and 4 spaces for three bedroom units.
Adjournment:
Motion to adjourn by Brian Stowell, seconded by Rusty Valery, motion carried unanimously. Meeting adjourned at 9:45 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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