The Planning Board for the City of Marlborough met on Monday, February 24, 2003, in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Chairperson Barbara L. Fenby, Clerk Colleen M. Hughes, Philip J. Hodge, Edward F. Coveney, Raymond R. Peters, Robert Hanson and Clyde L. Johnson. Also present: City Engineer Patrick M. Clancy.
MINUTES
On a motion by Mr. Hanson, seconded by Mr. Johnson, it was duly voted:
To accept and file the minutes of the meeting on Monday, February 10, 2003.
CHAIR’S BUSINESS
Update by Director of Planning
Mr. Lima gave the Board a brief overview of the recent passage of the new downtown district sign regulations. The will be an impact to the Planning Board as a number of individuals may be seeking variances from the Board. Additionally, the city is moving forward with its consideration of new zoning regulations concerning the four major entrances to the city. As landscaping regulations may be the most heavily affected, the Board may see an increase in the number of preliminary subdivision plans being submitted in an effort to hold the current dimensional regulations.
Lastly, the Zoning Advisory Committee took up the issue of “hammerhead” or “pork chop” lots at their last meeting. In a spirited debate, it was apparent that some members of the committee felt that passage of any such addition to the zoning ordinance would be nothing more than an attempt to create lots off of a common drive. The issue may have to be addressed in another forum. The Board agreed that they would like to have some of the staff suggestions for wording brought to them for review.
As further information for the Board, Mrs. Wilderman distributed a copy of an e-mail sent from Commissioner Reid to newly appointed Community Development Director James Duggan, outlining the steps for sign approval in the downtown district. Community Development has some money available to assist business owners to renovate their signs in an effort to bring some of the grandfathered signs into compliance.
On a motion by Mr. Hodge, seconded by Ms. Hughes, it was duly voted:
To accept and file the correspondence from Commissioner Reid.
Fairfield at Marlborough
On a motion by Mr. Hodge, seconded by Ms. Hughes, it was duly voted:
To accept and file the correspondence from ZBA secretary Sue Brown concerning the next meeting date (Tuesday, March 25, 2003 7:00 p.m.) for consideration of the Fairfield at Marlborough comprehensive permit application.
Discussion with Attorney Bergeron re: Metro Park
As requested by the Board, Attorney Bergeron on behalf of his client Jon Delli Priscolli, gave the Board a quick review of the revised proposed zone change. The Board will be hold a joint public hearing with the City Council on Monday, March 10, 2003. Mr. Bergeron explained that Mr. Delli Priscolli was prepared with a rendition of the proposed project for those parcels if the Board wished to review. It was the consensus of the Board that as they were reviewing a request for zone change and not a particular project, they would wait until the public hearing for any further information.
PUBLIC HEARINGS
8:00 p.m. Request for Zone Change
The Planning Board of the City of Marlborough, held a public hearing on Monday, February 24, 2003 at 8:00 p.m. in Memorial Hall, 3rd floor, City Hall, 140 Main Street, Marlborough. Members present: Chairperson Barbara L. Fenby, Clerk Colleen M. Hughes, Philip J. Hodge, Edward F. Coveney, Raymond R. Peters, Robert Hanson and Clyde L. Johnson. Also present: City Engineer Patrick M. Clancy.
Chairperson Fenby introduced the staff and Board members and explained the process to those present at the meeting. Clerk Hughes read a copy of the proposal advertisement.
Notice
Notice is hereby given that the Planning Board of the City of Marlborough will hold a public hearing on Monday, February 24, 2003 at 8:00 P.M., at Memorial Hall, City Hall, 140 Main Street, Marlborough, MA on the following proposed amendment to the Code of the City of Marlborough, Chapter 200, Section 8, “Boundaries of Districts Defined” as amended, be amended as follows:
That the front portion of land extending from the sideline of Forest Street extending 200’ (two hundred feet) to the rear of the parcel of land located on Assessor’s map 90, parcel 1A, currently zoned Residence A-3 be rezoned to Limited Industrial as is the currently zoning of the rear portion of the subject parcel.
Peter Bemis of Engineering Design Consultants submitted a package of information to the Board. This was the same information provided to the City Council at their hearing. Mr. Bemis, in the interest of brevity, gave a brief overview of the land in question and the abutting property uses.
He explained that Mrs. Carbone, who retired two years ago, is having trouble selling her property as a single-family home because of its proximity to the limited industrial zoning that bisects her property. A proposal has been made from a potential purchaser for the property who would be utilizing the property as a base for his company “Outdoor Design, Inc.”.
It is owner and president Russell Gregory’s intention to remove the existing garage that may be encroaching on other land, build a barn to house his vehicles and equipment, and utilize the existing house as office space. Some material would be stockpiled but only that which is to be used on his jobs. There would be no retail sale or delivery of any such material.
Mr. Bemis apologized to the Board that both the current owner and the prospective owner were unable to attend this evening’s meeting. Mrs. Carbone, who currently owns the property and whose family has owned the property for over fifty years is in ill health and can no longer live by herself. Mr. Gregory’s unit has been called up to active duty in the mid-east.
In Favor
No one spoke in favor of the proposal.
In Opposition
No one spoke in opposition to the proposal.
Mr. Hodge advised that the proposed use of the land certainly looked like a good project but if, for some reason, the sale doesn’t go through or the current proposed use is not built, the City will have still changed the zone. There is no guarantee that the approval of a change to the zoning ordinance will automatically result in the construction of the proposal now being discussed. Mr. Hodge also asked if the neighbor’s had been notified.
Mrs. Wilderman advised that the Planning Board hearing notice is advertised in a paper of general circulation and sent to contiguous towns in accordance with the regulations of Section 5 of Chapter 41A of the Mass. General Laws. Abutters are notified when the City Council holds their hearing.
Mr. Bemis directed the Board members to a copy of a letter sent to the neighbor. He has received no response.
Mr. Johnson asked for the amount of land that would be re-zoned. Mr. Bemis said that the entire parcel is approximately 2.2 acres and 70, 130 square feet of the property would need to be re-zoned.
There being no further discussion, the hearing was closed at 8:32 p.m.
SUBDIVISION PROGRESS REPORTS
Update by City Engineer
Mr. Clancy provided the Board with the updated report on the outstanding subdivisions. He noted that there have some changes in the report.
***(Mr. Clancy excused himself from the meeting at this time.)
Thoroughbred Acres request for bond reduction
On a motion by Mr. Hodge, seconded by Mr.Coveney, it was duly voted:
To accept and file the correspondence from Attorney Gadbois on behalf of his clients, and to refer the matter to Anthony Marques for his review and recommendation at the next meeting on Monday, March 10, 2003.
***(Mr. Clancy returned to the meeting.)
Fiddlehead Correspondence and response re: bond
On a motion by Mr. Coveney, seconded by Mr. Hodge, it was duly voted:
To accept and file the correspondence from the developers attorneys regarding the bond reduction and to authorize the Chair to sign the reply advising that there would be no bond reduction until such time as the work is completed.
PENDING SUBDIVISION PLANS: Updates and Discussions
Definitive Berlin Road
This plan is still within the appeal period.
Definitive Shorter Street
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted to:
To accept and file the correspondence from Robert J. Parente of Central Mass. Engineering, on behalf of his clients, asking for an extension of the review period for this proposal until the last meeting in April (April 28, 2003) to allow the weather conditions to improve to the point where everyone can get a better idea of what the existing conditions are, and to extend the review period of this proposal until April 28, 2003.
Acre Bridge Estates
On a motion by Ms. Hughes, seconded by Mr. Johnson, it was duly voted:
To authorize the Chair to sign correspondence to the developer and his representative, Mr. Costedio, requiring a notarized affidavit from his engineer attesting that he did, in fact, sign the plans and drainage reports.
It was determined that until such time as any affidavit is forthcoming from Mr. Costedio attesting to the authenticity of Mr. Rego’s signature, the Planning Board will not set a public hearing date. The submission continues to be incomplete and, as such, cannot
be properly reviewed.
On a motion by Ms. Hughes, seconded by Mr. Coveney, it was duly voted:
To accept and file the correspondence from Conservation Commission Chair Clancy regarding the proposed subdivision.
In light of the above information the Board was extremely concerned that the property has been completely clear-cut, apparently in preparation for construction. As the subdivision plan submittal is still not even complete, the Board is concerned that a great deal of old growth trees and landscape have been decimated for a project that has not yet begun. The developer’s ability to utilize existing old growth landscaping has been destroyed as has the City’s ability to accurately gauge existing conditions on site.
Mr. Clancy advised the Board that this is an issue that the Site Plan Review Committee is trying to address. There have been numerous locations throughout the city at which clearing has been completed and the projects themselves have stalled for years, leaving a blighted area.
Mr. Hodge suggested that we speak with both Mr. Lima and Ms. Ryder to see what avenues would be best traveled to reach a compromise or determination on this issue.
On a motion by Mr. Johnson, seconded by Ms. Hughes, it was duly voted:
To send correspondence to Mr. Garafalo with copies to Mr. Lima and Ms. Ryder, expressing our disappointment with the activity that has taken place to date on this site and to have Ms. Ryder check to see if this constitutes any violation or encroachment into the Farm Road sites.
PRELIMINARY SUBMISSION
O’Leary’s Landing
A public hearing date of April 7, 2003 was set for this submittal.
SIGNS
Request for Variance “Lazy Dog”
Mrs. Wilderman explained that there appeared to be some confusion on the part of the applicant regarding the procedure for the variance request. As they were there the Board agreed to hear the case.
The Lazy Dog has taken over the space previously used by Sharkey’s. There is currently a freestanding, internally illuminated sign on site that includes signs for each of the other business (six in all). As the new regulations for the downtown district disallows the use of internally illuminated signs, the new owners effort to re-establish a sign on that pylon was denied.
If, however, the Lazy Dog sign is not illuminated and the other existing sign are, it will appear that the restaurant is not open.
The Board commiserated with the owner of the Lazy Dog but also wants to insure that signs are brought up to standard as they are replaced.
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To approve the variance to allow the new owner to re-face the existing freestanding sign, conditioned upon the understanding that there are currently six business in the plaza and at the time that the third business chooses to change a sign, the entire sign will be brought into compliance.
COMMUNICATION/CORRESPONDENCE
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To accept and file all items listed under communication and/or correspondence.
On a motion by Mr. Johnson, seconded by Mr. Peters, it was duly voted:
To adjourn at 9:10 p.m.
A TRUE COPY
ATTEST: ____________________________
Colleen M. Hughes, Clerk
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