The regularly scheduled meeting of the Millbury Planning Board was held on Monday, April 13, 2009, at 7:00 p.m., in the Municipal Office Building, 127 Elm Street, Millbury, MA. Chairman Richard Gosselin presided.
Present: Brian Stowell, Richard Gosselin, Anna Lewandowski, Jeffrey Markarian, Peter Caruso, Jr., Associate Member
Absent: Rusty Valery
7:15 p.m. Hilltop Estates – Request For Lot Release
Attorney McCabe was present on behalf of the applicant. The current covenant holds all four lots, applicant is requesting a partial release of covenant, releasing Lot 4, the lot with the existing house. Applicant will post a cash bond for Lot 4.
Sewer, water and dry wells have to be installed and the driveway must be modified. Water and sewer must be hooked up to create lots that conform to zoning. Mr. Sadowski will leave the current house on well and septic until water and sewer become available. Both were tested and neither are located within the construction zone.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to approve the modification of the original covenant, for three lots, excluding lot 4 with the existing house, and to include as additional surety for lot 4 a 30% contingency added to the value of the work to be completed. Tighe & Bond will be asked to provide the estimate. Motion carried unanimously.
7:30 p.m. W/S Development (Discuss Snow Plowing, Emergency Lighting, Retaining Wall)
Al Rocco from W/S Development was present. The recent power outage was discussed. Mr. Rocco advised the Board that he spoke with Sergeant Desourcey, safety officer for Millbury, looked at alternatives for exits (except for the present emergency access at Dicks Sporting Goods, there is no other alternative), and stated that he would try to add emergency lighting up to the Longhorn Steakhouse. Mr. Gosselin suggested a second feed for electrical service. Mr. Rocco has already spoken to the electric company and asked for information on looping the service.
The holiday shuttle was a success, and handicap accessible vehicle was also added.
Snow removal was discussed. Mr. Rocco tries to keep the cost down for tenants and weighs that with the availability of parking. Snow will be removed in the future.
An evacuation plan will be considered, but all agreed that once the public begins a traffic exit pattern it would be hard to control. Barrels and cones will be available in the future.
8:00 p.m. Stratford Village Major Modification Public Hearing, cont.
Brian Stowell read response letter from Thompson-Liston Associates. No comments were received from the Police Chief. Letter dated April 13, 2009 from the Fire Chief, outlining his criteria was also read into the record.
Andrew Liston, Thompson-Liston Associates, was present to address the Board. He was questioned about the grading and elevation changes to the plan, which were not part of his application for modification.
After further discussion Mr. Liston stated that the 6% grade on the original plan will not be modified.
Town Planner Connors reviewed her comment letter with the Board.
Motion by Brian Stowell, seconded by Anna Lewandowski to approve the modifications depicted on the plan entitled “Stratford Village”, originally dated September 1, 2003, as last revised on April 6, 2009, prepared by Thompson-Liston Associates, Inc. 51 Main Street, Boylston, MA, subject to conditions a – e, motion carried unanimously.
Chairman Gosselin declared a five minute recess.
8:30 p.m. Ladyslipper Lane Public Hearing, cont.
Ralph Romano was present. He advised the Board that there were no hydrology changes, and discussed the discrepancy in the town line. Lot 3 would be bisected by the new town line. Mr. Gosselin advised him to use two town coordinates and draw a line between them on the plan. Highway data is generally accurate. He does not want the surveyor to add any type of disclaimer on the plan. The following condition will be added to the plan: “Before definitive plan endorsement the plan shall be revised to depict the town line per charter in addition to the town line as referenced in Deeds Plan Book 210, Page 107.”
Mr. Stowell read his certification that he viewed all testimony, including the videotape, of the meeting he missed on October 20, 2008.
Mr. Stowell also read letter from Sergeant Desourcey indicating that he had no issues with the plan.
Motion by Brian Stowell, seconded by Anna Lewandowski, to close the public hearing,
motion carried unanimously.
Waivers:
Motion by Brian Stowell, seconded by Jeffrey Markarian, to reduce the application and technical review fees, authorizing an application fee of $1,000 and technical review fee of $5,000, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to grant a partial waiver from Section 5.2 (5) (b): Existing and proposed topography at two foot intervals, existing and proposed topography for the lots shall be submitted prior to construction activities, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to grant a waiver from Section 5.3(1)(g), Submission of two copies of a surveyor’s certificate that the centerline stationing stakes have been set and marked, and the center-line cleared, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to grant a parital waiver from Section 5.3(1)o): Submission of the results of perc tests as required by the Board of Health, prior to plan endorsement applicant shall submit the results of perc tests as required by the Board of Health, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, Section 6.10: Requirement to install granite curbing. The Applicant shall provide bituminous curb on the east side of the proposed roadway as depicted on the Plan, motion carried unanimously
Motion by Brian Stowell, seconded by Jeffrey Markarian, to grant a waiver from
Section 6.13: Requirement to install a sidewalk on one side of the street. Due to the small size of the proposed subdivision, the Planning Board waived the requirement to install a sidewalk on one side of the Ladyslipper Lane, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to grant a waiver from Section 6.17(4)(a): Requirement that all drain pipes shall be at least twelve inches inside diameter. Drainage piping shall be 6” ADS as depicted on the Definitive Plan, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to grant a waiver from Section 6.17(4)(b): Dimensions of catch basins and requirement for a catch basin to manhole configuration. Existing manholes shall be utilized provided they are relocated or adjusted to capture stormwater flow along the proposed pavement edge, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to grant a waiver from Section 6.19: Requirement to install street lighting. The Planning Board waived the requirement to install street lights at 300’ intervals provided that the existing 6’ tall residential lighting, as depicted on the Definitive Plan, is maintained along Ladyslipper Lane, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to grant a waiver from Section 8.5(b): Requirement that the travel way shall consist of gravel base of at least 12” and two courses of Type I bituminous concrete paving, applied with a 2 ½” base course and 1 ½” finish course. The Planning Board allowed use of the existing paved way, which will be widened to gain a total paved width of 18’. Construction of the roadway shall be in conformance with the typical cross sections depicted on Sheet 3, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to grant a waiver from Section 8.5(c): Requirement that the travel way shall have a leveling area of not more than 4% for a distance of not less than 100’. The Planning Board authorized a leveling area of less than 100’ as depicted on the Definitive Plan, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to grant a waiver from Section 8.5(g): Requirement that the property lines at the intersection of the private way and the public way shall be rounded or cut back to provide for a radius of not less than 30’. The Planning Board waived this requirement because the existing property lines provide enough room to provide for the required radius, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, Section 8.5(i): Requirement that there shall be a t-shaped turnaround located at the end of the private way. The turnaround shall be as depicted on the Definitive Plan, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to grant Daniel & Denise Mahoney’s “Application for Definitive Subdivision Plan, Optional Residential Compound”, “Ladyslipper Lane, Millbury, Massachusetts”, dated May 23, 2008, revised through March 25, 2009, prepared by Global Engineering Consultants, Inc., 9 Maple Street, West Boylston, MA, with conditions a – y, motion carried unanimously.
9:15 p.m. 26 Sycamore Street, Public Hearing, cont.
Brian Stowell read letter dated April 13, 2009 from the applicant withdrawing his application, without prejudice.
Motion by Brian Stowell, seconded by Jeffrey Markarian to close the public hearing, motion carried unanimously.
Motion by Brian Stowell, seconded by Jeffrey Markarian, to accept the withdrawal of application, without prejudice, for 26 Sycamore Street, motion carried unanimously.
Other Business:
Cronin Brook Sinkhole Discussion: Town Planner Connors provided an update. Mr. McKie indicated that he has no money for road repairs. Mr. Kitner will repair the road because his insurance is on the line, he was supposed to send a confirmation e-mail but she did not receive it yet. He indicated that he would begin to address this when the asphalt plants open, approximately April 15th.
There are outstanding engineering review invoices for Tighe & Bond, for January and February 2009 that Mr. McKie is going to contest. Ms. Connors will not authorize any further review until these statements have been paid.
The Board would like to ask the Building Inspector if there are any grounds to withhold building permits.
As far as the sink hole, the Board will require barrels and tape to outline the damaged area. Mr. Gosselin suggested parking machinery over it.
Mr. Stowell read the memo from Building Inspector Blackwell, regarding the foundation under construction at Taft Circle. Mrs. Lewandowski would like a copy of the soil engineering inspection report.
Associate Member Resignation
Mr. Stowell read letter from Peter Caruso, Jr. indicating that he was to resign from the Board as of May 1, 2009 as he is moving out of town. The Board accepted his resignation, with regret, and wished him well.
Hayward Glen Deed Transfer
Ms. Connors advised the Board that the Board of Selectmen will vote on the deed acceptance tomorrow evening (April 14, 2009). There is a question with a power easement over Brian Circle that the Selectmen will have to address.
Adjournment
Motion to adjourn by Brian Stowell, seconded by Jeffrey Markarian, motion carried unanimously. Meeting adjourned at 9:50 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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