The regularly scheduled meeting of the Millbury Planning Board was held on Monday, July 19, 2010, at 7:00 p.m., in the Municipal Office Building, 127 Elm Street, Millbury, MA. Chairman Richard Gosselin presided.
Present: Gary Schold, Jeffrey Markarian, Richard Gosselin, Anna Lewandowski, Paul Piktelis, Associate Member Edd Cote
Minutes
Motion by Jeffrey Markaian, seconded by Anna Lewandowski, to approve the executive session minutes of June 14, 2010, motion carried unanimously.
Motion by Jeffrey Markarian, seconded by Anna Lewandowski, to approve the minutes of June 28, 2010, motion carried unanimously.
7:20 p.m. Patriot Place Estates Covenant & Mylar Endorsement
Donald O’Neil, Esquire, was present to represent the applicant.
Motion by Gary Schold, seconded by Jeffrey Markarian, to approve the covenant for the subdivision of land entitled “Patriot Place Estates” a Definitive Subdivision Plan in the Town of Millbury, MA dated June 28, 2006, last revised on April 26, 2010, prepared for Peter Karassik, Eligius Homes, Co., LLC, by Karl Russell Adams PE, Oak Street, Oxford, MA. Motion carried on a 4 – 1 vote. Anna Lewandowski was opposed. She voted against the original project.
Motion by Gary Schold, seconded by Jeffrey Markarian, to approve the plan of land entitled “Patriot Place Estates” a Definitive Subdivision Plan in the Town of Millbury, MA dated June 28, 2006, last revised on April 26, 2010, prepared for Peter Karassik, Eligius Homes, Co., LLC, by Karl Russell Adams PE, Oak Street, Oxford, MA. Motion carried on a 4-1 vote. Anna Lewandowski was opposed. She voted against the original project.
7:25 p.m. Eastview Acres Surety Reduction
Bob Vigneau addressed the Board and requested a reduction of the performance guarantee, by the amount of $178,850 to $606,150.
Mr. Gosselin recommended a holdback for hydroseeding and stabilizing the site in the event that the developer does not complete the subdivision. At the suggestion of Mrs. Lewandowski, the Board agreed to ask its’ consulting engineer, Tighe & Bond if this is something they would recommend.
Motion by Gary Schold, seconded by Jeffrey Markarian, to reduce the performance bond secured by an escrow account on June 28, 2010, by the amount of $178,850, leaving a total balance of $606,150. Motion carried unanimously.
7:30 p.m. 10 Latti Farm Road Site Plan Review & Stormwater Permit
Public Hearing
Clerk Gary Schold read the public hearing notice, letter dated June 18, 2010 from the Conservation Commission advising that the applicant must file a Determination of Applicability and letter dated July 1, 2010 from Philip Shwachman, the owner of 12 Latti Farm Road, which was in support of this project.
David Kelly, Kelly Engineering, represented applicant Campanelli Co. The site will be modified to accommodate a new tenant, Bimbo Bakeries. There will be fewer loading docks with smaller loading doors for smaller trucks, 29 parking spaces for employees and 25 step truck spaces, which will consist of existing and newly constructed spaces.
Bimbo Bakeries brings in large tractor trucks delivering the products, and they then re-distribute them to smaller delivery trucks, no manufacturing will take place.
Stormwater management controls will re-direct water to a new stormwater management pond, and will comply with DEP and the town’s stormwater management bylaw.
Waivers for curbing, landscaping and isometric drawings are being requested. Additional trees to screen abutters will be added.
Tighe & Bond comments were discussed. Preliminary test holes have been completed and will be repeated for the engineers to witness.
Town Planner comments were also discussed and all items have been addressed.
As for traffic impact, 15 employees will work staggered hours, arriving from 6 – 8 am and leaving between 2 – 6 pm. Twelve trucks will be in and out each day, between 7 am and 4 pm, and returning late in the afternoon to 6 am.
Mr. Gosselin also asked for monumentation at the corners of the site, indicate the size of the water main, ask Aquarion if they are interested in extending the dead end water main, show the easement on the plan for the water line and the sewer line, change from telephone to electric pad, where does the water from the roof drains go, fence in the dumpster area, where is the existing gas line going to be re-located and add this to the plan.
Mrs. Lewandowski inquired about lighting and was told that there will be no lighting change to the residential side. She asked that the street number be included on the sign.
Mr. Kelly advised that the sewer line was re-located and the description of the easement could not be found, but can be created.
Mr. Gosselin opened the meeting to the public.
Mr. Scott Mueller and Ms. Maureen Stake from 8 Primrose Lane were concerned with safety, lighting and noise concerns. People walk through the cul-de-sac they are on, through the shrubs onto Latti Farm Road property. They asked for a fence along the property, to buffer noise, light and foot traffic. Additionally, these people are trespassing over privately owned property (owned by the Homeowner’s Association there) and with so many young children in the neighborhood they are uncomfortable with strangers passing through there.
Motion by Anna Lewandowski, seconded by Jeffrey Markarian, to continue the public hearing to Monday, August 16, 2010, at 8:00 pm, motion carried unanimously.
8:15 p.m. 19 Lake Street Public Hearing
Clerk Gary Schold read the public hearing notice.
David Perham from 19 Lake Street stated that he would like to construct a two car garage with an accessory dwelling unit above it. His daughter and her two children will reside there.
Mrs. Lewandowski remarked that the garage is to be constructed only 6 feet from the road, and that the accessory dwelling building is as large as a house. She will not support this project as she does not believe it meets the intention of the town meeting vote to approve the bylaw.
Ms. Connors advised that a variance for front setback has been granted by the Board of Appeals. Mr. Perham added that the existing garage is almost the same distance from the road and he can park a car in front of it as well as in it.
Mr. Gosselin asked why there was a disclaimer on the plan regarding the flood plain zone, data was based on CMRPC? Elevation datum should be used not town datum, corners of lots should be staked, assessor’s map lines can’t define property lines and what coordinate system was used? He would like proposed parking shown on the plan and he asked the Board to conduct a site visit.
Mrs. Lewandowski asked if blasting would occur, she was told no, the variance was sought because the location of the garage would eliminate the need to blast. The retaining wall will stay in place.
Motion by Jeffrey Markarian, seconded by Gary Schold to continue the public hearing to Monday, August 16, 2010 at 8:30 pm, motion carried unanimously.
Chairman Gosselin declared a five minute recess.
8:45 p.m. Brierly Pond I Appeal of Bill – John Burns
Mr. Burns questioned charges from Tighe & Bond on his most recent billing statement. Services for secretarial services and review by a project manager of work done by the engineer have been included on the statement. He is concerned that Tighe & Bond have been given free reign to charge applicants and he is asking the Board to apply parameters for future charges. He had hoped that a representative from Tighe & Bond would have been present this evening. Ms. Connors said that she spoke to the Chairman about this, but concluded that the town was not going to pay for its engineer to attend this meeting. Tighe & Bond chose to send an e-mail reply.
Ms. Connors reminded the Board that when they hired Tighe & Bond it was stated that the project manager always checks the engineer’s work, it was a matter of quality control. The Board concurred with the charges. There was no further discussion.
9:00 p.m. Autumn Gate Estates
Mr. Bob Gallo was present and submitted copies of the following documents to the Board: a copy of all present litigation that was filed regarding the performance guarantee; and a second set which is a proposed law suit, asking the Town to initiate a law suit against the surety company, and he offered to pay all legal expenses if the town was willing to go after the bond. If the town collects the bond, he will complete the work and if there is a deficiency in what was collected he will make up the difference himself. He will not use town counsel for this litigation, he will use Fletcher, Tilton & Whipple. He will hold the town harmless.
Chairman Gosselin stated that this proposal would have to go to the Town Manager and Board of Selectmen, not the Planning Board.
Town Manager Bob Spain was present to address the Board. He reminded the Board that before litigation against the town was initiated by Mr. Gallo, the parties had agreed that the town would assign its rights to the bond to him, and he would then be able to go after the bond. Mr. Spain, Town Planner Connors and Mr. Gallo met and agreed on the terms, and then two days later Mr. Gallo appeared before the Planning Board and withdrew the offer. Mr. Spain will not put the town at risk by agreeing to this proposal and strongly advised the Planning Board to stop this discussion now.
Mr. Gosselin told Mr. Gallo he could put his proposal in writing and it would be sent to the Board of Selectmen and Town Manager. He also thanked Mr. Spain for attending this meeting, even though he was on vacation today.
9:20 p.m. Eastview Acres – Robert Vigneau
Mr. Vigneau had requested additional time this evening to discuss the homeowner’s association documents. He referred to the Certificate of Approval, condition #5. He advised that he has two people who want to purchase homes in November. The Planning Board sent a letter to the Building Inspector requiring that all building permits be withheld until these documents are in place. He told the Board that he has diligently been working on getting the documents in an approved format since the June meeting. He is now requesting that a new letter be sent to the Inspector to withhold occupancy permits for these two lots instead of the building permits.
Mr. Vigneau indicated that the two lots were # 5, at 17 Irene Court and #15, at 1 Luikey Drive. He also requested time on the August 16 agenda at 9:00 pm to request a further release of funds from surety.
Motion by Gary Schold, seconded by Paul Piktelis, to allow building permits and construction to proceed on Lots 5 and 15, but no occupancy permits be issued until the homeowner’s documents are accepted by the Board. Motion carried unanimously.
Executive Session
Motion by Jeffrey Markarian, seconded by Gary Schold, to enter into executive session for the purpose of discussing pending litigation, and to return to open meeting solely for the purpose of adjournment. Upon unanimous roll call vote, the Planning Board entered into executive session.
Adjournment
Motion to adjourn by Jeffery Markarian, seconded by Paul Piktelis, motion carried unanimously. Meeting adjourned at 10:05 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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