Planning Board
October 26, 2009
7 pm
1) Meeting Minutes
a) October 5, 2009
2) Chair’s Business
3) Approval Not Required
4) Public Hearings
Proposed Zoning Change 7:05
Notice is given that the Planning Board City of Marlborough will hold a PUBLIC HEARING ON Monday, October 26, 2009 at 7:05 p.m. in Memorial Hall, 3rd floor of City Hall, 140 Main Street, Marlborough, Massachusetts on the Proposed Zoning Change as follows:
THAT, PURSUANT TO § 5 OF CHAPTER 40A OF THE GENERAL LAWS, THE CITY COUNCIL OF THE CITY OF MARLBOROUGH, HAVING SUBMITTED FOR ITS OWN CONSIDERATION CHANGES IN THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, TO FURTHER AMEND CHAPTER 650, NOW ORDAINS THAT THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED BY ADDING THERETO AS FOLLOWS:
1. Section 650-5, entitled “Definitions; Word Usage,” is hereby amended by adding to said Section the following definition:
NARCOTIC DETOXIFICATION AND/OR MAINTENANCE FACILITY: A non-residential drug treatment program that assists individual addicted to drugs by administration of a substitute drug. Any facility that dispenses, prescribes, administers, allocates, delivers, hands out, or uses in any way a substitute drug, with or without providing other treatment services, shall be deemed a “Narcotic Detoxification and/or Maintenance Facility” and subject to the regulations under Section 650-31 of this ordinance.
2. Section 650-17, entitled “Table of Uses,” is hereby amended by adding to said section a new business use entitled, “Narcotic Detoxification and/or Maintenance Facility,” which shall be regulated, as follows:
RR A1 A2 A3 RB RC B CA LI I
N N N N N N N SP SP SP
3. A new Section 650-31, entitled “NARCOTIC DETOXIFICATION AND/OR MAINTENANCE FACILITIES,” is hereby added, as follows:
650-31 NARCOTIC DETOXIFICATION AND/OR MAINTENANCE FACILITIES
A. Subject to the provisions of this Zoning Ordinance, Chapter 40A of the Massachusetts General Laws, and provisions of the Rehabilitation Act and the Americans with Disabilities Act, the City of Marlborough Zoning Ordinance will not prohibit the location of a facility for narcotic detoxification or narcotic maintenance within the City of Marlborough, but will instead regulate such facilities. A Narcotic Detoxification and/or Maintenance Facility should provide medical support, security, drug testing with oversight by a physician, and standards that meet or exceed state regulations under 105 CMR 164 for licensure of substance abuse treatment programs. Facilities should not compete to provide streamlined care to patients and should not provide a location for patients to wait for treatment in the
vicinity of children. Therefore, to ensure that these facilities are located in such a way as to not pose a direct threat to the health or safety of either the participants in the rehabilitation treatment or the public at large, the provisions of this section will apply to all such facilities.
B. Where a Special Permit is required for a Narcotic Detoxification and/or Maintenance Facility, the Special Permit Granting Authority shall grant the Special Permit only upon its written determination that any adverse effects of the proposed use will not outweigh its beneficial impacts to the City or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this Ordinance, the determination shall include consideration of each of the following:
1. Social, economic, or community needs which are served by the proposal;
2. Traffic flow and safety, including parking and loading;
3. Adequacy of utilities and other public services;
4. Neighborhood character and social structures;
5. Impacts on the natural environment;
6. Potential fiscal impact, including impact on City services, tax base, and employment; and
7. The ability for the facility to:
a. meet a demonstrated need;
b. provide a secure indoor waiting area for clients;
c. provide an adequate pick-up/drop-off area;
d. provide adequate security measures to ensure that no individual participant will pose a direct threat to the health or safety of other individuals; and
e. adequately address issues of traffic demand, parking, and queuing, especially at peak periods at the facility, and its impact on neighboring uses.
The Special Permit Granting Authority may require the applicant to provide a traffic study, at the applicant's expense, to establish the impacts of the peak traffic demand.
C. A Narcotic Detoxification and/or Maintenance Facility shall not be located:
1. within five thousand (5,000) feet of another Narcotic Detoxification and/or Maintenance Facility; nor,
2. within two thousand (2,000) feet of:
a. a school (as defined in § 517-2 of the Code of the City of Marlborough, as amended) located within the City of Marlborough;
b. a recreational facility (as defined in § 517-2 of the Code of the City of Marlborough, as amended); or
c. a park (as defined in § 517-2 of the Code of the City of Marlborough, as amended).
d. an elderly housing facility (as defined in § 517-2 of the Code of the City of Marlborough, as amended); or
e. a retirement community (as defined in § 650-4 of the Zoning Ordinance of the City of Marlborough, as amended) located within the City of Marlborough.
South Street Zoning Change 7:15
Public Hearing –Proposed Zoning Map Change
Applicant: 400 South St. LLC, 424 South St., LLC and 428 South St. LLC
Locus: Map 93 Parcels 18A, 19, 20, 22, 23, 32, 101, & 103
Notice is hereby given that the Planning Board of the City of Marlborough will hold a public hearing on Monday, October 26, 2009, at 7:15 P.M. in the Memorial Hall, 3rd floor, City Hall, 140 Main Street, Marlborough, Massachusetts on the petition of 400 South Street LLC, 424 South Street LLC and 428 South Street LLC, all hereinafter referred to as “Petitioners”, which said Petitioners each own land which is subject to this proposal, to amend the Zoning Map of the City of Marlborough, said map being referred to in the Marlborough Zoning Ordinance, Chapter 650 Section 650-8 of the Marlborough City Code, by rezoning certain parcels of land on South Street, shown on the Marlborough Assessors Maps as Map 93 Parcels 18A, 19, 20, 22, 23, 32, 101 and 103, removing said parcels from an Industrial (I) District and including them in a Commercial & Automotive (CA) District.
Per Order of the City Council
#09-1002316A
5) Subdivision Progress Reports
a) Update from City Engineer
b) Blackhorse Farms & Cider Mill Estates
c) Davis Estates (Bouvin Drive)
i) Request for Bond Reduction
d) Forest Trail
i) Correspondence from Attorney Burger
6) Pending Subdivision Plans: Updates and Discussion
a) Marlborough Elms (289 & 401 Elm Street) Ext date: 12/23/09
7) Preliminary/Open Space Submissions/ Limited Development Subdivisions
8) Definitive Subdivision Submission
9) Scenic Roads
10) Signs
11) Informal Discussions
12) Communications
13) Correspondence
a) Town of Framingham, Planning Board, Notice of Decision
b) Town of Framingham, Planning Board, Notice of Public Hearing, October 26, 2009
c) Town of Hudson, Zoning Board of Appeals, Public Hearing, November 12, 2009
d) Town of Hudson, Zoning Board of Appeals, Decision
e) Town of Southborough, Planning Board, Site Plan Public Hearing, October 26, 2009
f) Town of Sudbury, Zoning Board of Appeals, Hearing Notice, November 2
g) Town of Sudbury, Zoning Board of Appeals, Decision Notice
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