The regularly scheduled meeting of the Millbury Planning Board was held on Monday, September 10, 2007 at 7:15 p.m., at the Municipal Office Building, 127 Elm Street, Millbury, MA. Chair Anna Lewandowski presided.
Present: Rusty Valery, Brian Stowell, Anna Lewandowski, Richard Gosselin
Absent: Scott Mueller
7:15 p.m. Cronin Brook Lot Release
Bob McKie, Platinum Building, was present and submitted a status report, which he reviewed with the Board.
The Board had the following comments:
· Richard Gosselin asked when the asphalt for curbing will be completed (within a couple of days), advised that the side yard of the Darling property was left exposed, and as a result silt and additional problems have arose, and asked about the completion date for the gabian wall (within 90 days).
· Anna Lewandowski indicated concerns with beginning projects and not completing them, she handed out a written list of issues from the Darlings.
· Rusty Valery took issue with the open trenches and consequent violation notice and fine.
Brian Stowell left from 8:00 p.m. to 8:10 p.m. due to illness.
Motion by Richard Gosselin, seconded by Brian Stowell, to release lot 15, contingent on:
1. Stabilize Darling property, control runoff in that area
2. Repair gabian wall, within a two – three week time frame.
3. Town Planner Connors will approve final release of lot 15.
Motion carried on a 3-1-0 vote. Anna Lewandowski was opposed.
8:10 p.m. Mangano Estates Public Hearing, cont.
Clerk Valery read letter dated August 29, 2007 from Hannigan Engineering, requesting a continuation of the public hearing to October 22, 2007, due to the absence of Board member Scott Mueller, and a request for an extension of time to render a decision to November 30, 2007.
Motion by Richard Gosselin, seconded by Brian Stowell to grant the motion to continue the public hearing to October 22, 2007 at 8:00 p.m., motion carried unanimously.
Motion by Richard Gosselin, seconded by Rusty Valery to grant an extension of time for decision to November 30, 2007, motion carried unanimously.
8:15 p.m. Braney Road Sidewalk Discussion
Bob McKie, Platinum Building submitted a proposed plan for sidewalks along Braney Road. The proposal includes a bituminous concrete berm (although this is not referenced on the plan), four traffic calming signs and a one foot high wall in specified areas. He submitted a copy of the recorded easement depicting his rights within the right of way.
Located on the other side of Braney Road are three massive oak trees, and a retaining wall at 13 Braney Road which would then be preserved. No private taking of land will be required.
Mr. McKie also proposed to complete the entire length of sidewalk instead of milling and paving Braney Road, as conditioned on the plan.
Town Planner Connors confirmed that a four foot sidewalk would meet ADA requirements.
Chair Lewandowski asked for public input, but advised those in attendance that this was not a public hearing.
Those in attendance had the following concerns:
· Who originally requested sidewalks on Braney Road, no one would probably use them
· Beverly Handfield, 10 Braney Road advised that she had a slight drainage problem, which would become worse when the sidewalks were installed, allowing additional runoff
· Concern with disruption of property
· Grading of lots
· Asphalt curbing and sidewalks will be ruined by snow plows, why not use concrete and granite?
· Paul Piktellis, 38 Braney Road advised that according to his property survey there was not enough land within the easement to allow for a four foot sidewalk
Attorney Spillane was present on behalf of Piktellis and Swenson, and advised the Board that if this sidewalk discussion moves forward, it will ultimately continue in Superior Court. He referred to pending litigation and potential drainage problems and asked the Board to defer its decision indefinitely.
Mr. Gosselin stated that the completion of the sidewalk is necessary for the further release of some of the lots, and was concerned with the effect of pending litigation.
No action was taken at this time.
8:45 p.m. 84 South Main Street, Virginia Smith Definitive Plan Public Hearing
Clerk Valery read the public hearing notice and letter from Attorney Keenan requesting a continuance to September 24, 2007 at 7:15 p.m. (when a full Board will be present).
Motion by Brian Stowell seconded by Richard Gosselin, to continue the public hearing, without taking testimony, to September 24, 2007 at 7:15 p.m., motion carried unanimously.
Chair Lewandowski declared a five minute recess.
Other Business:
1. Gale/Greciunius – Park Hill Avenue Definitive Plan Endorsement
Motion by Rusty Valery, seconded by Richard Gosselin, to approve the definitive subdivision plan, property owned by George J. Greiciunas, property located at 53 Park Hill Avenue, Millbury, MA, prepared by Blackstone Valley Survey & Engineering, Inc., motion carried unanimously.
2. Hayward Glen II Covenant Release
Member Rusty Valery stepped down as he is a resident in this subdivision. Brian Stowell read letter from developer’s attorney Richard Gabriel, requesting release of bond and release of covenant. Town Planner Connors advised that the bond was not ready for release.
Motion by Brian Stowell, seconded by Richard Gosselin to release the covenant still being held on Lots 1 – 20 and Lot 29, for the Hayward Glen II subdivision, motion carried unanimously.
Rusty Valery returned to the open meeting.
3. Shoppes At Blackstone
The Board requested that a letter be forwarded to the Shoppes, with a reminder that the stairs to be constructed down to Longhorn Steakhouse were to be completed by September 15, 2007.
4. Future Meeting Dates
The Board agreed to revise the Planning Board schedule of meeting dates as follows:
· October 22 & 29, 2007
· November 26, 2007
· December 10 & 17, 2007
5. Alternate Planning Board Member: The Board advised the public that it is still seeking applications for an alternate member.
Minutes
Motion by Richard Gosselin, seconded by Rusty Valery, to approve the minutes of April 23, 2007, motion carried unanimously.
Motion by Richard Gosselin, seconded by Brian Stowell, to approve the minutes of June 11, 2007, with one correction, motion carried unanimously.
Motion by Richard Gosselin, seconded by Rusty Valery, to approve the minutes of July 9, 2007, motion carried unanimously.
Motion by Richard Gosselin, seconded by Rusty Valery, to approve the minutes of July 23, 2007, motion carried unanimously.
Adjournment
Motion to adjourn by Brian Stowell, seconded by Rusty Valery, motion carried unanimously. Meeting adjourned at 10:00 p.m.
Respectfully submitted,
Susan M. Dean
ATTEST:
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