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Planning Board Minutes 03/10/2003
The Planning Board for the City of Marlborough met on Monday, March 10, 2003, in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752.  Members present: Chairperson Barbara L. Fenby, Clerk Colleen M. Hughes, Philip J. Hodge, Robert Hanson and Clyde L. Johnson.  Also present: City Engineer Patrick M. Clancy.

MINUTES

On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:

To accept and file the minutes of the meeting of February 24, 2003.

CHAIR’S BUSINESS

Update by Director of Planning Lima

Due to illness Mr. Lima was unavailable to speak.  However, the proposed “Entranceway Zoning” and “Back Lot” zoning amendments were distributed to the Board for their review and recommendation.  

Decision re: Forest Avenue zone change

On a motion by Mr. Johnson, seconded by Mr. Hodge, it was duly voted:

To recommend the acceptance of City Council Order #03-9890, request to change Assessors map 90, parcel 1A, currently zoned Residence A-3 to Limited Industrial.  It was the Board’s feeling that this was not inconsistent with the surrounding area.

Correspondence from Tree Warden

Mrs. Wilderman advised the Board that an e-mail had been received from the Tree Warden notifying the Board that the Forestry Department will be removing dead hazard trees on the following scenic roads: Concord, Farm and Goodale Road.

On a motion by Mr. Hodge, seconded by Ms. Hughes, it was duly voted:

To request that the Tree Warden provide the Board with pictures of the trees in questions for their information.

PUBLIC HEARINGS

8:00 p.m. Joint Public Hearing with City Council re: Metropark
A joint public hearing was held by the City of Marlborough City Council and Planning Board on Monday, March 10, 2003, 8:00 p.m. in Council Chambers, City Hall, 140 Main Street, Marlborough, MA.  Members of the Planning Board in attendance:  Chairperson Barbara L. Fenby, Clerk Colleen M. Hughes, Philip J. Hodge, Robert Hanson and Clyde L. Johnson.

Council President Dennis Hunt opened the hearing and explained that public hearing procedures to those present.  The City Clerk read the public notice of the hearing.

Public Notice

That there being no objection thereto, set Monday, March 10, 2003 at 8:00 p.m. as the date for a joint public hearing with the Planning Board on the following proposed Zoning Amendment:

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH that the Code of the City of Marlborough Chapter 200 Zoning, section 22(C)(15) as amended, be further amended:

200-22(C)(15).  If a Retirement Community is proposed which contains at least thirty (30) acres of land and which does not include any ancillary residential community that the following provisions shall supersede those found elsewhere in Section 200-22:

a)      The lot or lots on which a Retirement Community is located shall contain at least five thousand (5,000) square feet per unit in the Retirement Community.
b)      Maximum lot coverage in the Retirement Community shall not exceed fifty (50) percent of the total lot size, excluding from the lot size any land, which, prior to development of the site as a Retirement Community, would be defined as a resource area as that term is defined in MGL Chapter 131 Section 40.
c)      Each lot or contiguous set of lots upon which a Retirement Community is located shall have total frontage on an existing public way, or on a private way laid out by the City Council pursuant to Massachusetts General Laws Chapter 82 section 21, of at least 250 feet; provided, however, that said frontage need not be continuous.

Attorney Bergeron made a presentation on behalf of his client, Jon Delli Priscolli of First Colony Development.  Briefly he explained that these changes reflected revisions to the previously submitted request that were discussed with both Al Lima and Steve Reid.

Also, with the wording as now outlined this eliminates the consideration that this might be considered “spot” zoning as this type of housing would now be possible on a number of sites throughout the City.

In Favor

Eric A. Williams
763 Pleasant Street

Mr. Williams believes that this is a reasonable accommodation to improve the usage of that lot in terms of use, coverage and building heights.

In Opposition

No one spoke in opposition.

There being no further discussion, the public hearing was closed.

Public Notice

That there being no objection thereto, set Monday, March 10, 2003 at 8:00 p.m. as the date for a joint public hearing with the Planning Board on the following:

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH that the Code of the City of Marlborough, Chapter 200, section 8, Boundaries of Districts Defined as amended, be further amended:

That parcels 12 and 14 on Assessors Map 15, Pleasant Street, and those portions of Parcels 12D and 12E of Map 15 which are now zoned Limited Industrial, and the land shown on Map 16 parcel 1A and on Map 29 parcel 1 be included in the Retirement Community Overlay District.

Attorney Bergeron introduced Mr. Delli Priscolli who gave a brief overview of his proposed project.

In Favor

Louis Anastas
799 Pleasant Street

Mr. Anastas is in favor of the proposed project because it will be in harmony with the neighborhood and the rural outlook of lower Pleasant Street.  He would also like to point out that the cooperation between Mr. Delli Priscolli and the neighbors has been outstanding.  This proposal is a win for the City of Marlborough, the neighbors and the developer.  He hopes that the Planning Board will render their decision this evening.

Eric A. Williams
763 Pleasant Street

Mr. Williams would like to re-affirm his opinion that this project would be a good use of the land.  He would also encourage the Planning Board to vote this evening.
Donald E. Turcotte
849 Pleasant Street

Mr. Turcotte feels that this has been a long six or seven year process and that the proposal being made is a win situation for everyone.

In Opposition

No one spoke in opposition.

Councilor Pope explained that she is still concerned with the lack of affordability in any of the language for the retirement communities.  Attorney Bergeron explained that they would oppose the addition of any such language as it would force up the price of the other units and as these units are designed to be priced below market rate that would affect the developer’s ability to keep the prices down.  Councilor Pope pointed out that there would be no guarantee of pricing on this or any project so that there should be an “affordability” compound added to the language

There being no further discussion, the hearing was closed at 8:34 p.m.

The Planning Board adjourned to Memorial Hall for further discussion of the proposal.  Originally it was considered that the Board would not take a vote this evening on the proposal.

Mr. Johnson has a number of concerns with the proposal.  As always, he is adamant about losing any land currently zoned as Limited Industrial.  The people who live nearby knew or should have known what the land was zoned for and understood the magnitude of that.  While he understands the neighbors wish to help shape the project, he doesn’t believe that the City should be making such a widespread change in the zoning ordinance simply to appease a relatively small number of neighbors.  Additionally, he would be very interested to know how many of the current residents of both the Villages at Crane Meadow were originally Marlborough residents.  He has a feeling that not many of the City’s own residents live in this housing and he is curious why the City is prepared to change the rules again when it will not benefit the City.

He asked the other Board members if they believed that it would be useful to ask the developer for information regarding the number of Marlborough residents currently owning units at both Williams Street and Marlborough East.

Ms. Hughes indicated that as Mr. Delli Priscolli is no longer affiliated with either project he probably could not provide current information.

(*Since the meeting the following information was forthcoming regarding the Villages at Crane Meadow…Of the last 60 closings only 6 were from current Marlborough residents; of the eight pending closings, none include current Marlborough residents.)

There was a brief discussion of the “affordability” issue as brought up by Councilor Pope.  The Board feels that without the “affordable” portion this project puts the City again at risk for additional comprehensive permit applications.

On a motion by Mr. Hodge, seconded by Mr. Johnson, with Ms. Hughes abstaining and Mr. Hanson opposed, it was duly voted:

To recommend that the City Council deny the above referenced requested zone changes.  The Board feels very strongly that the loss of limited industrial land such as is proposed and as has been done on Williams Street, severely limit the ability of the City to provide an intelligent off-set to an increasing residential tax burden.  The City should continue to provide the land set aside for limited industrial use for that specific use.

On a motion by Mr. Hodge, seconded by Mr. Hanson, with Ms. Hughes abstaining, it was duly voted:

To send correspondence to Mr. Delli Priscolli encouraging his consideration of implementing an “affordable” component to his proposed senior project, meeting the guidelines of the state for such housing, to offset the impact the proposed number of units will have on the City of Marlborough housing statistics.

SUBDIVISION PROGRESS REPORTS

Update by City Engineer

Mr. Clancy advised that were no changes at this time.

Forest Trail

Mr. Clancy briefly explained Mr. Mutti’s attempts to drive to annex some additional property to his subdivision and re-configure some lots.  As an open space subdivision, the developer is restrained from any further subdivisions.  Mr. Clancy just wanted the Board to be aware of the discussion.

Thoroughbred Acres

(Mr. Clancy left the room.)

On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:

To accept and file the correspondence from Independent Consultant Anthony Marques and to recommend that the bond remain in place at its current amount and to encourage the developer to meet with Mr. Marques prior to the next meeting on Monday, March 24, 2003.

(Mr. Clancy returned to the meeting)

PENDING SUBDIVISION PLANS: Updates and Discussions

Definitive Berlin Road

The developer’s representative had inadvertently dropped off the wrong plan for signature.  The Board will sign at the next meeting.

Definitive Shorter Street

It is hoped that most of the members can visit the site before the next meeting as the snow pack has been reduced considerably.

Acre Bridge Estates

There has been no further development or documentation regarding these plans.

SIGNS

New England Development for Best Buy

John Toohig of Goulston and Storrs and Bill Cronin of New England Development gave the Board a brief overview of the proposed signage for the Best Buy store.  They explained that the orientation of the building is such that no signs are designed to be seen from the roadway.  

Essentially, Best Buy is asking for a variance for a considerable increase in square footage.  The Board indicated that they might be willing to allow an increase if the developer would be willing to reduce their request.

The Board held any decision over until the next meeting when they can visit the site and perhaps another Best Buy site.

INFORMAL DISCUSSIONS

Eager Court

Mr. DiPersio again presented a plan for the development of a couple of lots at the end of Eager Court.  In order for the development to be feasible the developer would need to have some waivers from the subdivision rules and regulations.  In an informal poll, the Board members indicated their opinion on the following:

·       The length of the cul-de-sac will extend beyond what is allowed.  The Board indicated that they would have no problem with the length as long as an improved turn around is provided for emergency vehicles.
·       A reduction of the roadway right of way from 50’ to 30’ seems okay, as that is currently the room within the limit of the existing old stone walls.
·       The Board would like to see a meandering sidewalk at least on the property under the developer’s control.
·       Granite curbing will be required throughout the cul-de-sac to a tangent point as required by the City Engineer.

COMMUNICATION/CORRESPONDENCE

On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:

To accept and file all the items listed under communications and/or correspondence.

On a motion by Mr. Johnson, seconded by Mr. Hanson, it was duly voted:

To adjourn at 9:15 p.m.





                                A TRUE COPY
                                ATTEST:         _____________________________
                                                        Colleen M. Hughes, Clerk