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Planning Board Minutes 09/27/2010
The regularly scheduled meeting of the Millbury Planning Board was held on Monday, September 27, 2010, at 7:15 p.m., in the Municipal Office Building, 127 Elm Street, Millbury, MA.  Chairman Richard Gosselin presided.

Present:  Gary Schold, Richard Gosselin, Jeffrey Markarian, Anna Lewandowski, Paul Piktelis, Associate Member Edd Cote

7:15 p.m.       Eastview Acres – Surety Reduction
                Discuss Completion of Jessica J. Drive

Motion by Gary Schold, seconded by Paul Piktelis, to reduce the funds held as surety for the completion of the Eastview Acres Subdivision, by the amount of $248,025 as recommended in Tighe & Bond cost estimate dated September 24, 2010, leaving the amount of $358,125 held for completion.   Motion carried unanimously.

Jessica J. Drive:  The as-built plan was completed in 2006.  Mr. Piktelis asked about the sink hole that was present and was told that the DPW Department has already addressed this.  Mrs. Lewandowski asked if the road would be re-surfaced, it will not be, the road is 20 years old.  

Motion by Gary Schold, seconded by Paul Piktelis, to issue a certificate of completion for the Jessica J. Drive subdivision, if the Planning Board’s consulting engineer is satisfied that the requirements of the as-built plan and acceptance plan are met.  Motion carried unanimously.  

Rollie Shepard Subdivision and Haynes Acres Subdivision:  the engineer will not have enough time now to complete as-built plans for acceptance at town meeting.  This proposal to complete is off the table now.  Mrs. Lewandowski stated that the Planning Board is the board which would make the decision to accept or deny the proposal, not the Board of Selectmen or the Town Manager, the Planning Board should have been included in the discussions.  

7:35 p.m.       Dorothy Lane ANR Plan – Taniel Bedrosian

A small piece of property is to be transferred to an abutter, no new lots are being created.  There is one correction to the plan, the word “not” should be added to the subdivision approval language (approval “not” required).  

Motion by Gary Schold, seconded by JeffreyMarkarian, to endorse the ANR plan entitled “Plan of Property Surveyed for Hayr LLC, Dorothy Lane, Millbury, Massachusetts”, dated September 27, 2010, Scale 1” = 30’ , prepared for Hayr, LLC, 12 Dudley Road, Mendon, MA  01756, prepared by Jarvis Land Survey, 29 Grafton Circle, Shrewsbury, MA  01545, and modified to include the word “not” in the signature block (…approval “not” required…) Motion carried on a 4-0-1 vote.  Richard Gosselin abstained.

7:50 p.m.       54/56 Canal Street Public Hearing, cont.

Hal Choubach was present on behalf of the applicant.  The applicant proposes to re-develop the existing gas station and property.  The plans have been revised to address all engineering comments and most of the Town Planner comments.  

Mr. Gosselin advised the engineer that the correct datum is not 29 it is 88, monuments must mathematically tie-in.

The Board reviewed the plan entitled “Proposed Modifications, 54 & 56 Canal Street, Millbury, MA, 01527”, revised on September 13, 2010, prepared by Choubah Engineering, Group, P.C.  Ms. Connors identified areas where granite curbing will be required.  The applicant is proposing a chain link fence.   

Clerk Schold read letter from Police Chief Richard Handfield, dated September 21, 2010, advising that he had no issues with the project, and letter from Fire Chief Matt Belsito, dated August 12, 2010, requesting information as to the square footage of the buildings,  into the record.  

There was no public comment.  
        
Ms. Connors requested proof of ownership for the portion of the property identified as being owned by the Town of Millbury – the area where seating is proposed.  

Motion by Anna Lewandowski, seconded by Jeffrey Markarian, to continue the public hearing to Monday, October 18, 2010, at 7:30 p.m.  Motion carried unanimously.

8:30. p.m.     2 Mayfair Drive, Multi-family Public Hearing, cont.

Mr. Gosselin requested coordinates and datum to be shown on the plan.  

Mark Geroux, land surveyor, staked points, found boundaries and tied in elevations.  

Mrs. Lewandowski remarked that this is a single family neighborhood and the size of the addition is bigger than the existing building.  Mr. Robert Murphy indicated that there is a multi-family home across the street.  

Clerk Schold read letter dated September 23, 2010 from Armand and Dolores White, advising that they were in support of this project.

Motion by Jeff Markarian, seconded by Gary Schold, to close the public hearing, motion carried unanimously.

Motion by Gary Schold, seconded by Edd Cote, to grant a multi-family special permit under Article 1, Section 14.11 ( a ) of the Millbury Zoning Bylaw and Site Plan Review under Article 1, Section 14.11 ( l ) of the Millbury Zoning Bylaw, as depicted on site plan entitled “Special Permit – Site Plan – Prepared for Elizabeth Commeau, 2 Mayfair Drive, Millbury, Massachusetts” dated September 23, 2010, prepared by Robert G. Murphy & Associates, Inc., 214 Worcester Street, North Grafton, MA and Land Planning, Inc., 214 Worcester Street, North Grafton, MA, subject to conditions a – l.  Motion carried on a 4-1-0 vote, Anna Lewandowski was opposed.  Associate Member Edd Cote was a voting member as Jeffrey Markarian was not present for all of the public hearings.  

8:35 p.m.     Cronin Brook Heights Update and Sidewalk Modification

Chuck DeDoming, the new owner of the subdivision was present.  Streets will be swept next Friday.  Structures are being fixed, ADA compliant sidewalks in the subdivision are to be poured, all work is on schedule for October 15, 2010.  

The Braney Road sidewalk, and the sidewalk from Cronin Brook Way to the emergency access were discussed. Mr. DeDoming asked for relief from both.  Mr. Gosselin stated that there were safety concerns to consider, and recommended no parking signs be posted on the “S” curve.  Removal of berm along Braney Way, on the lower portion, between the emergency access road and Cronin Brook Way, was also discussed.  

Motion by Gary Schold, seconded by Jeffrey Markarian, to eliminate the berm shown on Braney Road sidewalk plan dated April 3, 2007, from the intersection of Cronin Brook Way to the intersection with the emergency access path, where the grass strip is shown.  Motion carried on a 4-0-1 vote, member Paul Piktelis abstained.  

Chairman Gosselin declared a three minute recess.

9:30 p.m.     130 Westborough Street Bond Reduction

Applicant is requesting a full release of surety held for the completion of this project.  Town Planner Connors advised that Tighe & Bond’s response letter was not clear.  She called them, but could not reach the engineer.   It is ok to release the bond and cash, but she has an issue with sending a letter to the building inspector, and would like to wait for the engineer’s response.

Motion by Gary Schold, seconded by Paul Piktelis, to reduce the amount of funds held as surety for the completion of Treeline Construction, Inc.’s plan entitled “Site Plan and Post-Construction Stormwater Management Submission, 130 Westborough Street, Millbury, Massachusetts”, dated December 7, 2007, last revised January 31, 2008, prepared by Lenard Engineering, Inc., of Auburn, MA, secured by Performance Bond dated April 24, 2008, by the amount of $48,400, leaving a total remaining balance of (zero) 0 dollars.  Motion carried unanimously.

Motion by Gary Schold, seconded by Paul Piktelis, to reduce the amount of funds held as surety for the completion of Treeline Construction, Inc.’s plan entitled “Site Plan and Post-Construction Stormwater Management Submission, 130 Westborough Street, Millbury, Massachusetts”, dated December 7, 2007, last revised January 31, 2008, prepared by Lenard Engineering, Inc., of Auburn, MA, secured by deposit of money on May 28, 2008, Millbury National Bank Account Number 15256, by the amount of $5,214.57, plus interest, leaving a total remaining balance of (zero) 0 dollars. Motion carried unanimously.

9:40 p.m.     10 Latti Farm Road Minor Modification

The approved site plan had to be revised due to the results of the soil evaluation tests conducted by Kelly Engineering Group. Tighe & Bond has reviewed the proposed modifications with respect to soil and groundwater conditions and they are satisfied with the drainage calculations.  

Minutes

Motion by Gary Schold, seconded by Paul Piktelis, to approve the minutes of September 13, 2010, with two corrections on pages 1 and 3 (names), motion carried unanimously.

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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