The regularly scheduled meeting of the Millbury Planning Board was held on Monday, April 9, 2007 at 7:15 p.m., in the Municipal Office Building, 127 Elm Street, Millbury, MA. Chairman William Borowski presided.
Present: Brian Stowell, Anna Lewandowski, William Borowski, Richard Gosselin, Associate Member Scott Mueller
Absent: George Valery
7:15 p.m. Decision: Telegram & Gazette
Motion to grant the application of Worcester Telegram & Gazette, for a special permit, property located at 7 & 9 Latti Farm Road, in Millbury, Massachusetts, dated December 12, 2006, last revised February 14, 2007, with conditions a – l, by Brian Stowell, seconded by Richard Gosselin., motion carried unanimously.
7:20 p.m. Bella Rosa Road Acceptance Recommendations
Motion by Brian Stowell to recommend Bella Rosa be accepted as a public way. Motion was later withdrawn. The Planning Board did not have a majority vote to recommend acceptance. Action on this will be deferred to April 23, 2007, when member Rusty Valery is present.
7:30 p.m. Stratford Village Public Hearing: Request for Extension
Brian Stowell read the public hearing notice. The applicant is requesting an extension of the construction deadline for an open space community special permit and a multifamily special permit.
Motion to grant the extension of time, pursuant to the Millbury Zoning Bylaw, Section 14.5, by Brian Stowell, seconded by Richard Gosselin, motion carried unanimously.
Motion to require that all improvements shall be fully constructed within five years by Brian Stowell, seconded by Anna Lewandowski, motion carried on a 4-1-0 vote. Richard Gosselin was opposed, he would favor a four year time period. Associate Member Scott Mueller was a voting member in the absence of Rusty Valery.
Other Business
1. Hidden Meadow Road Acceptance Recommendation
Motion to recommend acceptance of Hidden Meadow Road as a public way, by Brian Stowell, seconded by Richard Gosselin, motion carried on a 4-0-0 vote.
2. Scenic Road Fee Adoption
Motion to approve a filing fee of $50 for a scenic road special permit application by Brian Stowell, seconded by Anna Lewandowski, motion carried on a 4-0-0 vote.
8:00 p.m. Mangano Estates, Public Hearing, Cont.
Member Rusty Valery was absent from this meeting. The applicant is requesting an extension to Monday, April 23, 2007 so that a full board will be present to act on this application. Brian Stowell read letter dated April 9, 2007 from Hannigan Engineering requesting same. Motion by Brian Stowell, seconded by Richard Gosselin to grant a continuation of the public hearing to Monday, April 23, 2007 at 7:30 p.m., motion carried unanimously.
8:05 pm. Autumn Gate Estates Minor Modification and
Performance Guarantee Release
Dave Phillips advised the Board that an abutter, Mr. O’Brien actually owns a portion of Lot 1 and an agreement to transfer this land to LRC is being discussed, with the stipulation that LRC will construct the retaining wall pursuant to the original plan submitted and reviewed by Graves Engineering. Motion by Richard Gosselin, seconded b Brian Stowell, to approve the installation of two versa lock retaining walls, not to exceed 3 ½ feet in height, with grading as shown on plan dated May 18, 2004, as last revised on February 7, 2007. Motion carried unanimously.
Request for reduction in performance guarantee: the Board has received a cost estimate from Graves Engineering which recommends that the Board hold the sum of $474,499.20
Motion by Richard Gosselin, seconded by Anna Lewandowski, to reduce the amount of the performance guarantee by $368,549.20, and to retain a balance of $474,500, motion carried unanimously.
Chairman Borowski declared a two minute recess.
8:30 p.m. Bylaws Articles Public Hearing
Brian Stowell read the public hearing notice.
Article 41: Rezone B-II District – McCracken Road Area
Comments from the public included:
· These articles were pushed through too fast, land owners were not notified, a traffic study was not conducted and the description of the area to be re-zoned was poor
· This is an affordable housing area, a change to the zoning could have a negative impact to tax revenue, concerns with allowed uses in a B-II zone
· Concern that Town has an ulterior motive for rezoning this property
Article 42: Re-Zone BII District – Park Hill Area
Comments from the public included:
· Some of these parcels should have been included in the Route 146 Overlay District, traffic issues were identified
· Insufficient notice to owners and abutters
· This is primarily a business area, it is a good idea to re-zone to a B-II District for those business owners
· Map and lot numbers should be identified
· Concern that the articles were sponsored by the Board of Selectmen, but the Selectmen might not have taken a vote to support this, perhaps this should be considered a citizen’s petition
· Some of the homes in this location could be considered historical.
Article 52: Eligible for voting after an absence from a meeting
There were no public comments
Article 53: Stormwater Management Bylaw
Betsy Frederick, the Town’s consultant gave an overview of the intent and provisions of the bylaw, which is mandated by the Federal Clean Water Act. There was no public comment.
Motion by Brian Stowell, seconded by Anna Lewandowski to continue the public to April 23, 2007 at 8:30 p.m. Motion carried unanimously.
9:30 p.m. Mazza, 92 North Main St. Public Hearing
Brian Stowell read the public hearing notice. He also read letter dated April 9, 2007 from Jennifer Mazza, requesting an continuation of the public hearing to May 14, 2007 at 7:30 p.m. Motion to grant the continuance by Brian Stowell, seconded by Richard Gosselin, motion carried unanimously.
Mail
1. Letter dated April 1, 2007 from Attorney Kelly regarding Oakes Circle, advising that the applicant will not pay the invoices from town counsel and which also outlined paving dates; and letter from Barbara Brown, from the Homeowner’s Association advising the Board of incomplete work, winter damage from plowing, sidewalk location issues, and which requested that the Town intercede on their behalf.
2. Letter dated March 30, 2007 regarding the Machonis Multifamily Special Permit on Woodland Street, the Board authorized the request to relocate drill holes
3. Board of Appeals request for Town Planner’s opinion regarding the Dunkin’ Donuts project on Canal St. and advising that the public hearing was continued to April 25, 2007.
Adjournment
Motion by Brian Stowell, seconded by Richard Gosselin to adjourn, motion carried unanimously. Meeting adjourned at 10:05 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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