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1) Meeting Minutes
a) February 28, 2011
2) Chair’s Business
a) Communication from City Council
3) Approval Not Required
4) Public Hearings
a) Proposed Amendment to Zoning Ordinances to section 650-21 and 650-22; Special Permits for three existing Special Permits for retirement communities; 7:15PM
Notice is hereby given that the Planning Board of the City of Marlborough will hold a public hearing on Monday, March 14, 2011 at 7:15 PM in Memorial Hall, 3rd floor, City Hall, 140 Main St. Marlborough, Massachusetts on the Proposed Amendments to the Zoning Ordinance pertinent to Sections 650-21 and 650-22, and further, on Application of the Proposed Zoning Ordinance is to the three existing Special Permits for retirement communities in Marlborough, as follows:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH THAT THE CITY CODE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED BY AMENDING CHAPTER 650-21, ENTITLED “RETIREMENT COMMUNITY RESIDENCE DISTRICTS,” AND CHAPTER 650-22, ENTITLED “RETIREMENT COMMUNITY RESIDENCE DISTRICTS OVERLAY DISTRICTS,” AS FOLLOWS:
1. Section 650-21, entitled “Retirement Community Residence Districts,” is hereby amended:
a. by amending subsection C(3) thereof, by deleting the second sentence thereof, which heretofore read “At least 66% of the living area in each unit shall be located on the first floor.”
b. by amending subsection C(8) thereof, by amending the second sentence thereof, by adding after the word “provide” the following words:-- at least.
2. Section 650-22, entitled “Retirement Community Overlay Districts,” is hereby amended:
a. by amending subsection C thereof, entitled “Permitted uses”:
i. by amending the introduction thereof, by striking out in the sixth line thereof the following words:-- “and such additional multifamily housing units segregated onto a separate portion of the site, referred to herein as an ‘ancillary residential community,’ as the City Council deems appropriate,”.
ii. by amending subsection (3) thereof, by deleting the second sentence thereof, which heretofore read “At least 66% of the living area in each unit shall be located on the first floor.”
iii. by amending subsection (8) thereof, by amending the second sentence thereof, by adding after the word “provide” the following words:-- at least.
iv. by amending subsection (14) thereof, by striking out said subsection in its entirety, including sub-subsections (a) through (f), which heretofore read:
“(14) The following site development provisions shall apply to any ancillary residential community which is approved in conjunction with the granting of a special permit for the construction of a retirement community:
(a) Each building in an ancillary residential community shall face either upon an existing street or upon a public or private way constructed within said ancillary residential community and shall have a minimum front yard of no less than 10 feet from the edge of the paved way to the closest point of the structure. Each building, whether principal or accessory, shall be at least 50 feet from any other building by air line distance between the nearest points of the building.
(b) No dwelling unit shall contain less than 800 square feet of floor space exclusive of halls and stairs, and no room shall contain less than 120 square feet.
(c) No part of any building in any ancillary residential community shall be less than 30 feet from any lot line, less than 50 feet from any street, or less than 80 feet from the nearest structure in a retirement community.
(d) All site landscaping shall be designed so as to provide a clear sense of separation between the ancillary residential community and a retirement community. Landscape design preference shall be given to the maintenance of existing trees and ground cover. The development of large lawn areas shall be minimized.
(e) The City Council may, as a condition of any special permit which includes an ancillary residential community, require that the land area on which the ancillary residential community is located be permanently maintained as one undivided lot or, within a condominium, as one undivided condominium unit, or require such other legal mechanism as will, in the opinion of the City Council, assure that the said ancillary residential community will not be subdivided or its ownership further condominiumized, that said ancillary residential community will remain as rental housing, and that ownership of said ancillary residential community will remain consolidated.
(f) The total number of units in an ancillary residential facility shall not exceed 30% of the combined total of retirement community and ancillary apartment units.”
v. by amending subsection (15) thereof, by amending the introduction thereof, by striking out in the first line thereof the following words:-- “and which does not include any ancillary residential community”.
3. The effective date of these amendments shall be the date on which they are voted upon by the city council.
[END: Order No. 11-1002806-1]
That, as a result of the City Council’s approval of Order No. 11-1002806-1, the following special permits previously approved by the City Council, in its capacity as special permit granting authority, shall each be modified in the following respects:
1) Special Permit issued to Brigham Development Corp., 38 Brigham Street, Marlborough, MA for development and operation of land at 388 Boston Post Road East into a “Retirement Village” of condominiums, Order No. 97-7158B, adopted September 8, 1997. The second sentence in condition number 7 thereof, which sentence had read “At least 66% (sixty six percent) of the living area in each unit shall be located on the first floor,” shall be stricken and shall have no legal effect as of the effective date of Order No. 11-1002806;
2) Special Permit issued to Brigham Development Corp. and Williams Village, LLC, 38 Brigham Street, Marlborough, MA to construct a retirement community, Order No. 99-7967B, adopted April 5, 1999. The second sentence in condition number 7 thereof, which sentence had read “At least 66% (sixty six percent) of the living area in each unit shall be located on the first floor,” shall be stricken and shall have no legal effect as of the effective date of Order No. 11-1002806; and
3) Special Permit issued to Metro Park Corp., 929 Boston Post Road East, Marlborough, MA to construct a retirement community, Order No. 03-10022, adopted September 8, 2003, as amended by a Revised Special Permit issued to Toll MA Land Partnership, 250 Gibraltar Road, Horsham, PA to construct 69 townhouse residential retirement community units, Order No. 09-1002151C, approved June 22, 2009. The second sentence in condition number 7 thereof, which sentence had read “At least 66% (sixty-six percent) of the living area in each unit shall be located on the first floor,” shall be stricken and shall have no legal effect as of the effective date of Order No. 11-1002806.
5) Pending Subdivision Plans: Updates and Discussion
a) Update from City Engineer
b) Purcell Farms
i) Attorney Austin, Special Permit condition 6
6) Preliminary/Open Space Submissions/ Limited Development Subdivisions
7) Definitive Subdivision Submission
8) Signs
a) 416 Unit 5 Boston Post Road East
i) Attorney Bergeron appealing Mr. Reid decision
b) 655 Farm Road
i) Variance for freestanding sign
9) Informal Discussions
a) Walker Estate
i) Attorney Bergeron
10) Correspondence
11) Public Notices of other Cities & Towns
a) Town of Framingham, Planning Board, Public Hearing (March 24)
b) Town of Framingham, Planning Board, Public Hearing (March 17)
c) Town of Southborough, Planning Board, Public Hearing (March 21)
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