The regularly scheduled meeting of the Millbury Planning Board was held on Monday, January 26, 2009 in the Municipal Office Building, 127 Elm Street, Millbury, MA at 6:30 p.m. Chairman Richard Gosselin presided.
Present: Rusty Valery, Brian Stowell, Richard Gosselin, Anna Lewandowski, Jeffrey Markarian.
Absent: Peter Caruso, Jr.
Motion by Anna Lewandowski, seconded by Jeffrey Markarian, to enter into Executive Session, for the purpose of discussing pending litigation, upon roll call vote, motion carried unanimously.
Planning Board entered into executive session, to return to open meeting and continue with agenda.
7:30 p.m. Ladyslipper Lane, Public Hearing, cont.
Rusty Valery read letter dated January 22, 2009, from the Conservation Commission, advising that a filing of a notice of intent or a request for determination would be required.
Ralph Romano was present and discussed Town Planner comments.
Core samples were done, but not witnessed by Tighe & Bond. A waiver from perc testing on lots not to be built upon yet, will be requested.
Mr. Gosselin does not like the 3:1 slope grade at the detention basin, would like to see 4:1 slope. He would like the type of town bounds specified on the plan (road bounds) and underground utilities requirement noted on the plan.
Mr. Romano indicated that a partial waiver on the berm requirement will be sought, and waivers for street lights and sidewalks will be requested, as well as for the leveling area requirements.
Motion by Brian Stowell, seconded by Rusty Valery, to continue the public hearing to February 23, 2009 at 7:30 p.m., motion carried unanimously.
8:10 p.m. 26 Sycamore Street Public Hearing, cont.
Kevin Parvin addressed the Board. Revised plans were distributed.
Mr. Gosselin advised that property lines require bounds to be set, the driveway easement must be shown on the plan, as well as datum references.
Town Planner Connors requested a walkway to the development on sheet 3, citing safety reasons.
Mrs. Lewandowski asked for increased areas for snow storage.
Motion by Brian Stowell, seconded by Rusty Valery, to continue the public hearing to February 23, 2009 at 8:15 p.m., motion carried unanimously.
8:30 p.m. Autumn Gate Estates
The Board reviewed the letter to be forwarded to the Board of Appeals, to be submitted at its January 28, 2009 meeting. Motion by Brian Stowell, seconded by Rusty Valery, to support the letter, motion carried unanimously.
8:30 p.m. Draft Zoning Bylaw Articles
The Board reviewed seventeen proposed articles (see attached draft articles).
Mrs. Lewandowski was opposed to the following:
- Article 1, Section 50 Small Wind Turbines (wants it under BOA jurisdiction)
- Article 3, Section 32.9 Accessory Structures (show actual building requirements for pools in this bylaw)
- Article 3, Section 34.6 Specific Sign Requirements
Free-standing signs will be eliminated from the proposed Bramanville Village District, temporary sandwich boards will be allowed.
A public hearing was set for February 23, 2009 at 9:00 p.m.
9:10 p.m. McCracken Meadow Rescission Public Hearing
Rusty Valery read the public hearing notice. With the exception of Parcels B & C as depicted on the plan the remaining parcels will merge together.
There was no public input.
Motion by Brian Stowell, seconded by Rusty Valery to close the public hearing. Motion carried unanimously.
Motion by Brian Stowell, seconded by Rusty Valery to rescind the approval of the definitive plan of land entitled “McCracken Meadow, A Definitive Subdivision Plan in the Town of Millbury, Massachusetts, for Coldwater Construction, LLC, 1661 Worcester Road, Suite 202, Framingham, MA, drawn by Heritage Design Group, dated April 6, 2007 last revised August 27, 2007, excluding Parcels B & C, motion carried unanimously.
Motion by Brian Stowell, seconded by Rusty Valery, to release the Definitive Subdivision Covenant, for McCracken Meadows, motion carried unanimously.
Chairman Gosselin declared a five minute recess.
9:30 p.m. Review of Oakes Circle Proposal
A new proposal letter dated January 15, 2009 from Attorney Cynthia Furtado was received. A provision for as-built and acceptance of plan for small section of roadway ending at the cul-de-sac was added. Town Planner Connors spoke to the DPW Director regarding paving of the entrance to the roadway, where sewer work took place.
Attorney Michael Kelly was present to represent CMG. He outlined work completed.
Randy Gifford, Colonial Contracting, stated that he had a verbal agreement with the previous DPW Director. If the location of the water line and patch were done well, he wouldn’t have to pave from curb to curb.
Attorney Kelly referred to an e-mail dated January 20, 2009, ADA ramps were added, structures such as catch basins, frames and grates were replaced, manholes and cracked rims were fixed, extra street light energized, will clean catch basins, debris and hay bales will be removed, as-built will be submitted, does not want to disturb the detention basin.
Mr. Stowell would like the sidewalk staked to see whether it will fit or have to be relocated to the opposite side of the road.
Mr. Gosselin was agreeable to having the paving done through the sewer budget for the areas disturbed by the sewer line installation. Mr. Valery and Mrs. Lewandowski agreed. Mr. Stowell did not agree, wanted the contractor to pave it, as it would save approximately $20,000 from the sewer budget.
Motion by Brian Stowell, seconded by Anna Lewandowski, to allow Town Planner Connors to formalize, in letter form, the agreement reached between the parties this evening. Motion carried unanimously. The letter will not include the overlay on Oakes Street.
Adjournment
Motion to adjourn by Anna Lewandowski, seconded by Brian Stowell, motion carried unanimously. Meeting adjourned at 10:05 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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