The Planning Board for the City of Marlborough met on Monday, May 5, 2003, in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Chairperson Barbara L. Fenby, Acting Clerk Philip J. Hodge, Raymond R. Peters, Robert Hanson and Clyde L. Johnson. Also present: City Engineer Patrick M. Clancy.
MINUTES
On a motion by Mr. Johnson, seconded by Mr. Hanson, it was duly voted:
To accept and file the minutes of the meeting for Monday, April 28, 2003.
CHAIR’S BUSINESS
Update by Director of Planning Lima
Mr. Lima gave a brief update on a number of projects currently on-going within his office such as the neighborhood plan, the economic development study and the entranceway-zoning proposal.
He also explained that he has met with the potential owners of the old “Big D” site on Lincoln Street. It is their intention to utilize the site for their church until they outgrow the space. This will provide the city with some time to determine a good use for the site.
Mr. Hodge asked if there was any decision on a location for the library. Mr. Lima mentioned that there have several options but they will probably stay put and opt to gain additional property for parking.
Draft of Letter to ZBA re: Fairfield at Marlborough
There was a discussion regarding the draft of the letter of concern regarding the Fairfield at Marlborough Comprehensive Permit application.
On a motion by Mr. Peters, seconded by Mr. Johnson, it was duly voted:
To authorize the Chair to sign the letter when it has been amended to include the following concerns:
· Inclusion of requirement for support of public transportation system for residence
· Inclusion of recreation facilities
Mr. Hodge was also concerned with the current policy regarding the problems for wastewater treatment. He feels strongly that Fairfield’s willingness to divert flow to the easterly treatment plant is not a solution but rather a temporary fix. He asked that Mr. Clancy consider re-thinking the current policy.
Forest Street ANR re-sign
On a motion by Mr. Johnson, seconded by Mr. Peters, it was duly voted:
To re-sign the ANR approved in June of 2002. Because the developer waited more than six months the Registry of Deeds will not accept the plan.
Notice of Proposed Zone Change
A public hearing date of June 16, 2003 was set for this public hearing.
APPROVAL NOT REQUIRED PLANS
Glen Street: Central Mass. Engineering
On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:
To accept and refer the plan to the City Engineer for his review and recommendation at the next meeting on Monday, May 19, 2003.
Mechanic Street
On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:
To table consideration of this plan until the next meeting on Monday, May 19, 2003 and to send correspondence to the proponent advising them of the lot shape issue.
Granger and Monument Avenue
On a motion by Mr. Hodge, seconded by Mr. Peters, it was duly voted:
To accept and refer the plan to the City Engineer for his review and recommendation at the next meeting on Monday, May 19, 2003.
Spring Lane
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To accept and refer the plan to the City Engineer for his review and recommendation at the next meeting on Monday, May 19, 2003.
SUBDIVISION PROGRESS REPORTS
Update by City Engineer
Mr. Clancy submitted the latest update. He advised that there hasn’t been many changes since the season has just opened. Mr. Hodge requested that the proposed Comprehensive permit locations be included on the map for the Board’s reference. Mr. Clancy said that they would include that information for future meetings.
Hudson Street Crossing: street acceptance
The developer will advise when he has completed the punch list items.
Cider Mill Estates:
Mrs. Wilderman advised that the developer has still not contacted the Building Commissioner’s office for an earth-moving permit. Conservation Officer Ryder has sent a reminder to them.
Forest Trail Subdivision; continued discussion of open space permit
Attorney Fred Busconi, representing his client Chris Mutti, apologized to the Board on behalf of his client. He understands that he never should have cleared the space. For that reason, Mr. Busconi advised his client to double the size of the trees proposed for that area to a minimum 3” caliper in place of the 1.5” caliper originally discussed.
In the matter of any trees removed in the roadway right of way or where the proposed meandering sidewalk is designated, Mr. Mutti will meet on site with Mr. Clancy to review the work to date. Mr. Clancy will report back to the Board at the next meeting.
Mr. Golden and Ms. Ryder were unable to comment on the plan and will do so for the next meeting.
Devonshire at 495 Covenant
On a motion by Mr. Johnson, seconded by Mr. Peters, it was duly voted:
To approve the signature of the covenant for this subdivision. The developer’s attorney will have the original document for the Board’s signature at the next meeting.
PENDING SUBDIVISION PLANS: Updates and Discussions
Definitive Shorter Street
Robert Parente of Central Mass. Engineering, representing his client Ron Blum, gave the Board a brief explanation of the issues outstanding with the roadway width. Mr. Clancy still strongly believes that the street should be a minimum 24’ but one of the neighbors has built a driveway within the paper street layout. The Board felt that they should take another look at the project site before making a determination. They also would like to have the engineer show the impact the 24’ requirement would have on the plan for the next meeting.
SIGNS
Request for Variance; Best Buy
A letter from Ward 4 City Councilor Pope recommending a denial of the sign ordinance was read into the record. Chairperson Fenby asked representatives of New England Development, who were in attendance regarding the variance, if they had any response.
Bill Cronin, Vice President of New England Development, stated that he was astounded that any allegations of this nature would come forward at this time. He believes that his company spent considerable time at the Urban Affairs working out the details of the special permit and nowhere in the special permit does it states that the developer cannot apply for a variance.
In this economic status New England Development is lucky to have tenants. They have lost tenants because of the long process that the City of Marlborough has put them through and he feels that both he and Mr. Toohig are owed apologies. He feels that Councilor Pope’s letter is a serious challenge to their integrity.
At this point Mr. Hanson asked the Chair to direct the developer to address the actual issue at hand. Mr. Cronin became increasingly argumentative but did cede the floor to his counsel, William Dillon of Goulston and Storrs.
Mr. Dillon advised the Board that they feel that they are following the directive of the Special Permit by applying for a variance from the Planning Board. Condition #7 of the Special Permit reads, “Signage on the Site shall comply with the following requirements: there shall be no moving parts, message boards, liquid crystal displays (LCDs) or equivalent features on the signs on the Site. The Applicant’s signage shall comply with the City Sign Ordinance”. It is New England Development’s contention that by applying to the Planning Board for a variance they are complying with the regulations of the sign ordinance.
Ms. Fenby asked about the second issue raised by Councilor Pope; whether or not it is New England Development’s intention to come before the Planning Board with any other variances for the balance of the stores. Mr. Dillon explained that he believes that they may come forward with a request for a variance as allowed in the sign ordinance. Additionally they have reduced the proposed variance requested.
Because Building Commissioner Reid was unavailable this evening the Board asked the developer to return at the next meeting, May 19, 2003 when Mr. Reid is available for a definitive explanation of the Council’s intention.
The developer is agreeable to that arrangement but before leaving Mr. Cronin insisted that Mr. Hanson recuse himself from the proceedings.
Hillside School fundraising event
Mrs. Wilderman explained that the Hillside School will be holding a fundraising project at the Masonic Hall downtown on Saturday, May 10, 2003. Because the hall is not easily found from major routes into the downtown area, they have asked for permission to place informational, directional signs downtown to direct people to the proper location.
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To allow the signs to be placed during the event, to be removed immediately afterward.
COMMUNICATION / CORRESPONDENCE
On a motion by Mr. Hodge, seconded by Mr. Peters, 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 9:15 p.m.
A TRUE COPY
ATTEST: _______________________________
Philip J. Hodge, Acting Clerk
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