Planning Board
October 27, 2008
7 pm
1) Meeting Minutes
a) October 6, 2008
2) Chair’s Business
a) Commonwealth of Massachusetts
i) Dennison Mfg. Co. Paper Box Factory Nomination
b) MassDevelopment
i) Justice Resource Institute
c) Legal Correspondence
i) Correspondence from Attorney Solicitor
3) Approval Not Required
4) Public Hearings
a) 7:30 PM, Proposed Modified New Car Dealership Overlay
Public Hearing – Proposed Modified New Car Dealership Overlay District in the Marlborough Zoning Ordinance
Applicant: 890 Boston Post Rd. LLC
Locus: Map 61 Parcels 17, 17A, 20, 21 & Map 62 Parcels 1 & 24
Notice is given that the PLANNING BOARD of the City of Marlborough will hold a PUBLIC HEARING ON Monday, October 27, 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:
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 1 license granted by the Marlborough License Commission pursuant to Massachusetts General Laws Chapter 140 sec. 58”
By adding the following new section 200-31 to Chapter 200
200-31 New Car Dealership Overlay District
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.
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. The exterior boundaries of a New Car Dealership Overlay District shall not border or be located immediately across a public way from a Residence District (RR, A-1, A-2, A-3, RB, RC) unless the City Council specifically finds that there is no then current or reasonably expected use of the abutting residentially zoned land for residential purposes. 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 Car
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:
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.
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."
The conditions imposed by the City Council may include conditions that would require the developer and/or owner of a New Car Dealership permitted hereunder to cause aesthetic and other improvements in other parts of the Business District in order to reduce or minimize the net impact of automotive uses in the 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, 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
#08-1001833D
5) Subdivision Progress Reports
a) Update from City Engineer
b) Acre Bridge Estates (Blake Circle)
i) Request for bond reduction
c) Eager Court
i) Acceptance of Subdivision
d) Forest Trail (Mosher Trail)
i) Conservation Commissioner
6) Pending Subdivision Plans: Updates and Discussion
7) Preliminary/Open Space Submissions/ Limited Development Subdivisions
8) Definitive Subdivision Submission
a) Marlborough Elms (Elm Street)
9) Scenic Roads
10) Signs
11) Informal Discussions
12) Communications
a) UMass Extension, In Common
13) Correspondence
a) Town of Southborough, Public Hearing Notice, Site Plan (Nov 3)
b) Town of Sudbury, Public Hearing Notice, Board or Appeals (Oct 27)
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