Planning Board
May 12, 2008
7 pm
1) Meeting Minutes
a) April 28, 2008
2) Chair’s Business
3) Approval Not Required
a) 247 Maple Street
i) Approval
b) Hayes Memorial (First Student)
i) Submittal
4) Public Hearings
Limited Development Subdivision
Proposed Amendment
7:15 PM
LEGAL NOTICE
Notice is hereby given that the City Council of the City of Marlborough will hold a PUBLIC HEARING on Monday, May 12, 2008 at 7:15 PM in Memorial Hall, 3rd floor, City Hall, 140 Main Street, Marlborough Massachusetts for Proposed Amendments to Limited Development Subdivisions Ordinance.
PURSUANT TO § 5 OF CHAPTER 40A OF THE GENERAL LAWS, THE CITY COUNCIL OF THE CITY OF MARLBOROUGH, HAVING RECEIVED A SUBMISSION FROM THE PLANNING BOARD OF THE CITY OF MARLBOROUGH TO AMEND THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, BY FURTHER AMENDING CHAPTER 200, ARTICLE VI, SECTION 200-30, ENTITLED “LIMITED DEVELOPMENT SUBDIVISIONS,” NOW ORDAINS THAT THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED BY ADDING THERETO, AS FOLLOWS:
1. The introductory preamble to § 200-30 is hereby deleted in its entirety and replaced with the following:
A parcel located in a residence district with frontage on a public way may be subdivided, subject to a special permit from the Planning Board, into Limited Development Subdivision lots for the use only as single-family dwellings under the alternative lot area, frontage and dimensional criteria set forth below; provided, however, that the special permit applicant must clearly demonstrate to the Board that the parcel which is the subject of the special permit application could be subdivided by right under conventional subdivision requirements, as set forth in the applicable ordinances of the City of Marlborough, the Subdivision Control Law and the Board’s Rules and Regulations, into at least two and one-half times as many building lots as the number of building lots proposed in the special permit application.
2. The caption of Section 200-30A is hereby amended by deleting the word, “Dimensional.”
3. Section 200-30A (8) is hereby deleted in its entirety and replaced with the following:
(8) The applicant for a special permit hereunder shall file with the Planning Board a preliminary plan that must clearly demonstrate to the Board that the parcel which is the subject of the special permit application is capable, as of right, of conventional subdivision, pursuant to the applicable ordinances of the City of Marlborough, the Subdivision Control Law and the Board’s Rules and Regulations, into at least two and one-half building lots for each building lot proposed under the Limited Development Subdivision criteria.
The proposed amendment materials are available for review in the Office of the City Clerk, City Hall, 140 Main St., Main Floor, Marlborough, MA 01752
Per order of the City Council
#08-1001835
New Car Dealership Overlay District
7:30 PM
LEGAL NOTICE
Public Hearing – Proposed New Car Dealership Overlay District in the Marlborough Zoning Ordinance
Applicant: 890 Boston Post Rd. LLC
Locus: Map 62 Parcels 1 & 24
Notice is given that the Planning Board of the City of Marlborough will hold a PUBLIC HEARING ON Monday, May 12, 2008 at 7:30 p.m. in Memorial Hall, 3rd floor City Hall, 140 Main Street, Marlborough, Massachusetts on the application of 890 Boston Post Rd. LLC, for a Proposed New Car Dealership Overlay District in the Marlborough Zoning Ordinance as follows:
That Chapter 200 of the Code of the City of Marlborough, being the zoning ordinance, as most recently amended, be further amended as follows:
1) By adding to Section 200-05. Definitions, the following definition:
"NEW CAR DEALERSHIP: A business engaged in the sale of new passenger motor vehicles as a recognized agent of a motor vehicle manufacturer or as one whose authority to sell new passenger motor vehicles is created by a written contract with such manufacturer, together with related service and used vehicle sales, operating pursuant to a Class I license granted by the Marlborough License Commission pursuant to Massachusetts General Laws Chapter 140 sec. 58"
2) By adding the following new section 200-31 to Chapter 200
200-31 New Car Dealership Overlay District
A. Purpose. The purpose of the New Car Dealership Overlay District (NCDOD) shall be to advance the public health, safety and welfare by allowing for the development and operation of a New Car Dealership in areas of the Marlborough Business Districts where it is found that such a use would not conflict with other existing or proposed uses is the Business Districts or in other districts in close proximity to a New Car Dealership.
B. Location. A New Car Dealership Overlay District may only be created regarding land that, at the time of its creation, is located in a Business District. For the purposes of this section, a New Car Dealership Overlay District shall be superimposed on the other District existing at the time that any land in said underlying District is also included in the New Car Dealership Overlay District. The subsequent rezoning of any or all of the land included in the New Care Dealership Overlay District from the Business District to another District shall not affect its inclusion in the New Car Dealership Overlay District, unless said land is specifically removed from said New Car Dealership Overlay District.
C. Permitted Uses. All permitted uses must comply with the appropriate provisions of Article V and Article VII, except as otherwise specified herein. In addition to those uses that are allowed, either as of right or by Special Permit, in the underlying Business District, regarding land in a New Car Dealership Overlay District the City Council may, by Special Permit in accordance with the provisions of Section 200-59, permit a New Car Dealership as defined in Section 200-05, subject to such terms and conditions as the said City Council deems appropriate, and subject in addition to the following provisions:
(1) Each lot or group of contiguous lots upon which a New Car Dealership is located shall have total frontage on an existing public way of not less than 330 feet, and shall have a total size of not less than six (6) acres.
(2) All newly constructed buildings or additions at the site shall be constructed so as to maximize their adaptive reuse for other uses that are otherwise allowable in a Business District."
3) by including in a New Car Overlay District the land shown on the Marlborough Assessors Maps as Map 61 Parcels 17, 17A, 20 and 21 and Map 62 Parcels 1,2, 2A, 2B, 20, 21,22,23, and 24.
The application materials are available for viewing in the Office of the City Clerk, City Hall, 140 Main St., Marlborough, MA 01752.
Per Order of the City Council
#08-1001833
5) Subdivision Progress Reports
a) Update from City Engineer
b) Berlin Farms
i) Bond Reduction Request
c) Eager Court
i) Confirmatory Certificate of Performance
d) Mauro Farm
i) Correspondence for Phasing
e) Orchard Estates III
i) City Engineer Correspondence
f) O’Leary’s Landing
i) City Engineers Acceptance
6) Pending Subdivision Plans: Updates and Discussion
7) Preliminary/Open Space Submissions/ Limited Development Subdivisions
8) Definitive Subdivision Submission
9) Scenic Roads
10) Signs
11) Informal Discussions
a) Abutters Literature
i) Correspondence from City Solicitor
b) Subdivision Status
i) Revised List
12) Communications
a) Massachusetts Municipal Association
i) MMA Regional Conference, May 16
b) Department of Housing & Community Development
i) MA Downtown Initiative
13) Correspondence
a) Town of Framingham Planning Board Notice of Decisions
b) City of Marlborough City Council Notice of Public Hearing (June 9)
c) City of Marlborough City Council Notice of Public Hearing (June 9)
d) Town of Southborough Planning Board Public Hearing (May 19)
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