The Planning Board for the City of Marlborough met on Monday, May 19, 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.
(***In consideration of two City Councilors who wished to be present for the discussion between the Board and New England Development regarding a requested sign variance for “Best Buy”, a motion was made and seconded to move that discussion to the beginning of the meeting. In the interest of continuity the minutes of that discussion will be at the usual location in the meeting minutes.)
MINUTES
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To accept and file the minutes of the meeting of May 5, 2003.
CHAIR’S BUSINESS
Update by Director of Planning Lima
Mr. Lima presented the Board with three copies of the formal report of the Downtown Study. More copies are available if required.
Mr. Lima also updated the members on the newly submitted comprehensive permit applications. Applications have been submitted for projects on Second Road, Farm Road and off Pleasant Street. The City is currently at 7.95 % for their available housing stock for below market rates and would need to have an additional 305 units to be at the 10% figure required. The Fairfield project would provide the appropriate number of units at 306 proposed.
The projects will be reviewed in the order they are submitted so if the Fairfield project is approved, discussion may be suspended on any other applications. City Solicitor Golden has advised the ZBA that they are required to open the hearings but they will continue the hearings until a decision is reached on Fairfield.
Notice of proposed zone change
A public hearing date of July 28, 2003 was set for this proposed amendment to the zoning ordinance.
Final Picture Scenic Road stone wall
A requirement of the approval for breach in the stonewall on Farm Road for the construction of a driveway was to replace the rocks in such a way that the wall continued to look weathered and old. The developer, Steve Garafalo, Trustee of SMC Realty Trust, as requested by the Board, took a picture of the final product.
APPROVAL NOT REQUIRED PLANS
Glen Street: Central Mass Engineering
On a motion by Mr. Johnson, seconded by Mr. Peters, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Henry Pacific, 188 Glen Street, Marlborough, MA 01752. Engineer: Central Mass. Engineering and Survey, Inc., 277 Main Street, Marlborough, MA 01752. Deed of Property recorded in the Middlesex South Registry of Deeds Book 11,410, page 670. Location and description of property: 39,700 + square feet of land on the easterly side of Glen Street and the westerly side of Conrad Road – to be divided into two (2) conforming house lots.
Mechanic Street
The Board has expressed concern with this plan. While the plan meets the requirements of the regulations for an Approval Not Required plan (sufficient frontage and access), the plan will require a variance from the Zoning Board of Appeals for lot shape not only for the lot being created but for the existing lot as well. The Board was concerned that their approval of the plan would be construed as some sort of approval of the lot’s deficiencies.
Both Mr. Clancy and Mrs. Wilderman advised the members that legally the plan meets the requirements of an ANR plan and therefore would receive approval either by a vote of the Board or by constructive approval.
On a motion by Mr. Coveney, seconded by Mr. Peters, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Carolyn J. Mutti, Daniel R. Lizotte, Kathleen E. Lynde & Michael J. Lizotte, 346 Mechanic Street, Marlborough, MA 01752. Engineer: Highland Land Surveyors, Inc., P.O. Box 399, Southborough, MA 01772. Deed of property recorded in the Middlesex Registry of Deeds, book 29711, page 147.
Location and description of property: Westside by Mechanic Street, Southside Ash Street. Bounded: north by Ash Street, east by Mechanic Street, south by Dossantos, west by McCarthy & Sinkoff-Gakidis.
It was further voted to advise the Zoning Board of Appeals that the Board’s endorsement under the Subdivision Control Law should not be construed as either an endorsement or an approval of Zoning Ordinance lot shape requirements and that correspondence should be forwarded to the ZBA advising them.
Granger and Monument Avenue
On a motion by Mr. Coveney, seconded by Mr. Johnson, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Division of Capital Asset Management, One Ashburton Place 14th Floor, Boston, MA 02108. Engineer: Highland Land Surveyors, Inc., P.O. Box 399, Southborough, MA 01772. Deed of property recorded in Middlesex South District Registry of Deeds, Book 14486, page 199. Location and description of property: Granger Boulevard and Monument Avenue next to 20 Monument Avenue.
Spring Lane
There appears to be some disagreement regarding who actually owns or controls the property in question. Both Attorney Rowe and City Engineer Clancy feel that there is some confusion regarding the control of the land to be deeded over to Mr. Mazzaferro’s neighbor as a settlement.
Attorney Rowe has not filed the plan with the City Clerk’s office so there is no issue of a presumptive approval if both parties suspend a decision in the matter.
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To refer the matter to the City Solicitor for his review and recommendation at the next meeting on Monday, June 2, 2003.
Forest Street and Williams Street
On a motion by Mr. Johnson, seconded by Mr. Peters, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Lake Williams Limited Partnership, 2310 Washington Street, Newton Lower Falls, MA 02162. Name of Engineer: Guerriere & Halnon, Inc., 333 West Street, P.O. Box 235, Milford, MA 01757. Deed of property recorded in Middlesex Registry of Deeds, book 27962 page 290. Location and description of property: Taking parcels located on Williams and Forest Street at the intersection with Clover Hill Street.
SUBDIVISION PROGRESS REPORTS
Update by City Engineer
Mr. Clancy distributed the most recent update for the outstanding subdivisions as well as a listing of the proposed comprehensive permit applications.
Cider Mill Estates
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To accept and file the correspondence from the developer and Conservation Officer Ryder regarding the off-site stockpile.
Forest Trail
A site walk is scheduled for Wednesday at 2:00 p.m.
Gregoire Drive; request for bond reduction
On a motion by Mr. Hodge, seconded by Ms. Hughes, it was duly voted:
To accept and file the correspondence from Attorney Brewin and to refer the request to the City Engineer for his review and recommendation at the next meeting on Monday, June 2, 2003.
PENDING SUBDIVISION PLANS: Updates and Discussions
Definitive Shorter Street
On a motion by Ms. Hughes, seconded by Mr. Johnson, it was duly voted:
To refer the revised plan to the City Engineer for his review and recommendation at the next meeting on Monday, June 2, 2003. Board members were also advised to visit the site.
DEFINITIVE SUBDIVISION SUBMISSION
O’Leary’s Landing
A date of July 28th has been scheduled for the public hearing. Mrs. Wilderman responded to an inquiry regarding the scheduling of the hearing and the newspaper used to run the advertisements.
Members of the Board confirmed that the advertisement would run in the Marlborough Enterprise for a hearing on July 28, 2003.
SIGNS
Request for variance Best Buy
Correspondence from Building Commissioner Reid and from City Councilors Arthur Vigeant and Michael Ossing was read into the record.
William Dillon reviewed New England Developments position on the Best Buy sign and agrees that Mr. Reid’s analysis is right on target with their numbers on the allowed sign usage. Mr. Dillon also noted that they did not have the final signage packages from the other stores but doesn’t expect to have to request any further variances. There may be a request for Borders only because of a second entrance. Mr. Reid will be looking at that request.
Councilor Pope re-affirmed her objection to any variances. Councilor Nawrocki asked for how the signs would be broken down. It was explained that that they would be allowed 131 square feet broken any way they chose.
Mr. Johnson was concerned with the relative size of the signs at the Mall with what is being requested for Best Buy. Mr. Reid advised that the Best Buy is approximately 100,000 square feet. The mall is in excess of one million square feet.
The Board appeared to be split with Mr. Hodge believing that he had heard no compelling justification for the variance. The Best Buy will be in a prominent location and he believes that the sign standards should be adhered to.
Mr. Dillon explained that the problem is the way the sign ordinance defines signs. By the ordinance standards the background “tag” needs to be included as a part of the sign calculations. The actual wording on the sign would not require a variance.
Mr. Johnson felt that the signage should be on par with the existing mall signs.
Ms. Hughes has no real problem with the concept of the variance.
Mr. Dillon agreed that he could make some further reduction on the size of the sign but that he couldn’t authorize a change to the removal of the tag. The Board was again polled and still appeared to be equally split.
Ms. Hughes asked that any discussion of a freestanding sign be taken off the table. Mr. Dillon explained that they have no request for a freestanding sign. If, at some point in the future, his client chose to apply for a freestanding sign, the expectation would be that it would adhere to the sign ordinance.
Mr. Dillon proposed a further reduction to 295 square feet aggregate of flat wall signage.
On a motion by Mr. Peters, seconded by Mr. Johnson, with Mr. Hodge in opposition and Mr. Hanson abstaining, it was duly voted:
To allow a variance of 295 square feet of aggregate sign based on type of sign (wording on a large tag) and the building’s site on the lot.
Request for variance City Club:
Attorney Douglas Rowe addressed the Board on behalf on his client Joseph Ferro. Mr. Ferro has changed the City Club (formerly DooWops) to Rack n Roll club. He was attempting to simply change the face on existing signs. However, because of the recent change to the sign ordinance all signs in the downtown district, including Court and Weed Streets, need to be reviewed by a design review board. However, a review of the sign change requests showed that two of the signs would not be allowed under the ordinance.
The sign on the east wall of the Josephs on Main building is being considered an off-premise sign. Attorney Rowe believes that as the two properties are both owned by the same entity and is connected by an overhang, it is considered one location for the purpose of the License Board and could be by this Board as well. The sign on the westerly side of the club building (on the city hall side) is required as it’s the only sign as you approach on Weed Street.
On a motion by Mr. Hodge, seconded by Mr. Coveney, it was duly voted:
To table consideration until the Board has a chance to view the site until the next meeting on Monday, June 2, 2003.
Before the meeting adjourned, Ms. Hughes asked about the new signs in the downtown district. They appear to be difficult to read and, in many cases, redundant. Mr. Clancy advised that the signs were purchases as part of the Streetscape grant some years ago and were erected as the grant is reaching its conclusion.
COMMUNICATIONS AND/OR CORRESPONDENCE
On a motion by Ms. Hughes, seconded by Mr. Coveney, 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. Peters, it was duly voted:
To adjourn at 9:30 p.m.
A TRUE COPY
ATTEST: ______________________________
Colleen M. Hughes, Clerk
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