The regularly scheduled meeting of the Millbury Planning Board was held on Monday, November 28, 2011 at 7:00 p.m., in the Municipal Office Building, 127 Elm Street, Millbury, MA. Chairman Richard Gosselin presided.
Present: Gary Schold, Richard Gosselin, Anna Lewandowski, Paul Piktelis, Alternate Member Michael Georges
Absent: Jeffrey Markarian
7:00 p.m. 32 Grafton Street, Windle, Sign Discussion
Leonard Mort from Signmakers, was present and explained the proposed lighting of the sign to the Planning Board. He stated that there was no way to dim fluorescent lighting. An opaque face and lighting of letters only would help some.
Chris Windle is requesting a minor modification to his site plan approval, requesting a sign that is 12 feet high in total, 8 x 10 with a stone base and his logo at the top.
Robert Flynn, 76 Creeper Hill Road, North Grafton, MA asked the Board how many times has Mr. Windle been before the Board on this subject and was there ever any opposition.
Mrs. Lewandowski was disappointed in the size, it would be intrusive on the residents of Grafton Street, there are mostly homes in that area.
Motion by Gary Schold, seconded by Paul Piktelis, to approve a minor modification to the Site Plan Review Special Permit and Stormwater Management Permit originally issued on June 14, 2010, property located at 32 Grafton Street, Millbury, MA, Map 54, Parcels 108 & 111, which was recorded in the Worcester County Registry of Deeds in Book 46061, Page 292, et als, as follows:
- Alternate 8’ x 10’ sign design as depicted on drawing dated November 28, 2011, on a stone base, total height to be a maximum of 12 feet, internally lit with fluorescent warm light, no more that 60 square feet in size.
Motion carried unanimously.
Alternate Member: Chairman Gosselin welcomed Micheal Georges, Esquire, as alternate member to the Board.
7:15 p.m. Brierly Pond II Village Discussion
John Burns was present to address questions about the drain and sewer lines which were installed without inspections. He stated that he spoke with Mark Elbag at Tighe & Bond and did not know that he left and that there was an issue with the inspections until he received an e-mail from Laurie Connors. He believes there are some grey areas here regarding the request for inspections, and that it was not intentional on his part. Ms. Connors advised that Mr. Elbag could not recall the details of his conversation with Mr. Burn’s project manager, Ken Polito.
The Board discussed options other than the digging up of all lines. Ms. Connors advised the Board as to Mr. Elbags supervisor, Tony daCruz’s recommendations.
Motion by Gary Schold, seconded by Paul Piktelis, to adjust the Planning Board’s vote to dig up all lines, and instead add a camera to pull through the lines and measure the laterals, per Tighe & Bond’s recommendation. Motion carried unanimously.
7:45 p.m. 130 Westborough Street, Stormwater Permit Public Hearing
Town Planner Connors asked for seven more sets of the plan that was received late today. Neither she nor Tighe & Bond have had a chance to review it.
Donald Keavany, Esquire and Scott Charpentier, Lenard Engineering were present.
Mr. Charpentier advised that the stormwater special permit was triggered by the amount of disturbance to the area, and is required prior to a DEP filing.
Paul Piktelis asked if any processing was going on at the site, the answer was no, a permit from DEP will be required to process.
Ms. Connors believes that their intent is to process there. Applicant does not believe he needs site plan review, she disagrees.
Chairman Gosselin opened the meeting to the public.
Richard Cravedi, 61 Pointe Rok submitted a sketch of the Millbury/Grafton line, which he said goes across the proposed plant, and advised that a Cease & Desist order was issued by the Millbury Board of Health in 2005.
He estimated that hundreds and thousands of tons have been processed there. No DEP permit was ever received, he checked. They didn’t get any permits from the town for building, electric work, etc., they already broke laws there. He wanted to know if the piles of material there are legal, asked for an environmental check and referred to MEPA Act, #9 threshold for solid and hazardous waste if over 50 tons a day, which require ENF notification. The driveway to Pointe Rok is only 50 feet from their entrance, the culvert in the roadway is collapsing, some of the road width there is only 18 feet, how can large trucks pass through there?
John Burrows, asked what would happen if the machines that do the cleaning broke down? He did not think this operation was reputable.
Wil Houston, 48 Pointe Rok, has heard pounding and banging already from the construction yard, piles already exist there, trucks bring material in, there are noise and silica dust concerns. Trucks are there as early as 5:45 am – 6 am, and noise from the site starts between 6 and 7 am. Ms. Connors advised that she responded to a noise complaint this summer, what was taking place was hammering and rock splitting.
Steve Cope sent an e-mail to Ms. Connors advising that he heard noise as early as 5:15 am this morning, Saturday at 6 am, trucks are traveling over the yellow line, it is dangerous and they do not stop or slow down.
Robert Flynn, 76 Creeper Hill Road, hears noise also, this will interfere with the quality of life of the people there, he asked that the plant be re-located elsewhere.
George Russell, 30 Dolly Dr., Worcester City Councilor, former Worcester Planning Board member, asked if this would eventually require full site plan review. He wanted the engineer to locate Lake Quinisigammond, wetlands and catch basins on the plan, where the runoff is directed, and where the water in the culvert will go. He believes the Board has the duty to condition if approved, although he doesn’t agree with approval necessarily. He also asked that foundations of abutters be checked.
Attorney Keavany then stated that these comments have nothing to do with the stormwater permit, this does not require site plan approval, it is property before the Board. He stated that he has not pointed fingers or raised his voice here, and requested the Chairman to take control of the meeting.
Mr. Gosselin stated that this is not a court here, there is nothing to say what is or is not admissible here.
Joyce Brown, 29 Pointe Rok asked why the Board would have to worry about runoff if there was no processing there? Attorney Keavany responded that in order to go before DEP this permit is necessary. Mrs. Lewandowski asked why the applicant needed a permit from DEP. Mr. Charpentier stated that it was a solid waste management group for processing of the same quantities as was previously before the Board. Mrs. Lewandowski asked about the morning noise that was not within the allowed working hours. Attorney Keavany said that the town has a code enforcement officer that could respond to this.
John Burrows asked about the grade and slope of the land, which he said was above the lake.
Ann Kach, 28 Etre Drive, Worcester, wanted the applicant to define processing. Attorney Keavany stated that there would be crushing of concrete, construction material, turning it into crushed stone and then sold, it would be temporary processing which is allowed on 122. This is an Industrial I zone. Mr. Charpentier advised that a solid waste management permit from DEP will regulate importing, processing and exporting of materials. Ms. Kach stated that this was highly populated area.
Dick Valentino, Chair of the Board of Appeals stated he had no personal opinion, and was not speaking for the Board. He asked if the Board would consider a site visit.
Ms. Connors advised that a site visit is allowed without posting a meeting due to the current change to the open meeting law.
Mr. Schold would like town counsel’s opinion on this application and the requirement for site plan review.
Paul Clancey, Worcester City Councilor, asked if the public would be invited to the site visit and will they give a report at the next meeting?
Mr. Gosselin asked for a comment on the cease & desist order referred to earlier. Mr. Keavany asked if it was the 2005 Housing Court issue which he believes was dismissed. He will look at the copy submitted tonight and report back.
Mrs. Lewandowski advised that the town took pictures of the site and it looked like the piles of materials had increased at that time. Mr. Charpentier advised that a survey and volume calculation had been provided to the town’s engineers and he had no knowledge of the processing of more material.
Motion by Gary Schold, seconded by Paul Piktelis, to continue the meeting to Monday, December 12, 2011 at 8:30 p.m., motion carried unanimously.
Chairman Gosselin declared a five minute recess.
9:30 p.m. Accessory Dwelling Bylaw Discussion
Mark Dyberg and Denis D’Amore were present and reviewed each section of the bylaw with the Planning Board. Revisions will be made to the following sections:
- 46.2.1 Applicability; 46.2.2.3 regarding persons with disabilities; 46.2.2.4 availability of housing units; 46.2.2.5 stability; 46.2.3.3 appearance; 46.2.3.5 gross floor area; addition of 46.2.3.9 ADA compliance. Revisions will be drafted and the Board will review them at a later date, after which time a public hearing will be scheduled.
Adjournment: Motion to adjourn by Gary Schold, seconded by Paul Piktelis, motion carried unanimously. Meeting adjourned at 10:50 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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