The Planning Board for the City of Marlborough met on Monday, June 16, 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. Hodge, seconded by Mr. Johnson, it was duly voted:
To accept and file the minutes for the meeting on Monday, June 2, 2003.
CHAIRS BUSINESS
Update by Director of Planning Lima
Mr. Lima was unavailable to address the Board this evening. Ms. Fenby is extremely concerned that the Council is considering cutting out the City Planner’s office entirely.
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To send a letter to the Council supporting Mr. Lima and his office.
Request for assistance: homeowner at Forest Grove
City Engineer Clancy and Building Commissioner Reid visited the site to review the issue of the fenced slope behind 38 Muir Way. Mr. Reid prepared correspondence to the Board that advised that the slope conditions found at that address are “not regulated by any city ordinance and should be addressed in a civil/negotiated manner between the buyer and the seller”.
Mr. Clancy also advised that the work was not anything that he would want in his yard either but that the City’s hands were tied, as they had no authority in the matter.
The homeowner asked if the rules state that the developer can dump material on the lot and was told by Mr. Clancy that there is nothing in place that the Board could consider a violation in the rules, as they now exist.
Chairperson Fenby apologized to the homeowners but advised that the Board cannot help them in this situation.
Resident Guidelines for Blasting Operations
Chairperson Fenby advised the Board that the guidelines from the Fire Department are now kept in the Building Department as well as the Fire Department and that we will have them available at any future subdivision hearings.
DEP Source Water Assessment Program for Marlborough
Mrs. Wilderman advised members of the Board that associated maps are available to any member who wishes to review.
Canoe Launch
Chairperson Fenby asked if there was any information regarding the canoe launch which is supposed to be built on the Sepracor site. Mrs. Wilderman advised that she spoke with Conservation Officer Ryder recently on the matter so that the project is still in the approval stage.
APPROVAL NOT REQUIRED PLANS
Spring Lane
Attorney Rowe has not re-filed this plan with the City Clerk.
PUBLIC HEARINGS
8:00 p.m. Zoning Amendment 714 Farm Road
Chairperson Fenby noted that no members of the public appeared for the hearing. Given those circumstances Mrs. Fenby asked who would be speaking on behalf of the proponent.
Attorney Aldo Cipriano of 277 Main Street, Marlborough represented his client, Robert Valchuis, Trustee of 180 Farm Road. His client is interested in taking the land at 714 Farm Road and having it re-zoned to “Business” to allow him to construct eleven (11) units of over 55 housing. He has reviewed the project with both the City Solicitor and the Building Commissioner and believes that this would be an appropriate use of the property.
Mrs. Wilderman advised the Board that Councilor Page had spoken to her before the meeting and asked her to relay his support for the project to the Board. He would be unable to attend the hearing because of the budget hearings this evening for the Council.
There was some confusion regarding the actual location of the property in question. The property is next to the Farm Road apartments and diagonally across the street from the airport. The airport actually owns that land. There was some concern regarding building housing across from the airport and the Board would advised that any project would require approval from Mass. Aeronautic.
Mr. Hodge asked what would happen if the land was re-zoned and the project the developer was proposing did not receive approval from the City Council. What could be expected on the land? Attorney Cipriano advised that whatever would be allowed by right in the zone would be allowed on the parcel. Mr. Valchuis noted that he has every intention of building that project. He has owned the land for a number of years and hasn’t done anything to date because he didn’t have a good use for the land.
Mr. Hodge explained that the Board is not implying that it would be the developer’s intention to deliberately mislead the Board or the Council but if the city agreed to change the zoning for that parcel there might be ramifications in addition to the current proposal. It would appear sometimes that it would be easier to review and recommend zone changes if the special permit process came first.
Mr. Johnson was concerned that if this is not contiguous property to the business zone now it might be considered spot zoning.
There being no further discussion the hearing was closed.
On a motion by Mr. Hodge, seconded by Mr. Johnson, with Ms. Fenby opposing, it was duly voted:
To recommend that the City Council approve the zone change only if they think that they will also approve the special permit required for the proposed project.
SUBDIVISION PROGRESS REPORTS
Update by City Engineer
Mr. Clancy advised that due to weather and ground conditions there has not been much progress on any of the outstanding subdivisions.
There are a number of projects that have been outstanding for quite a while with no real action being taken. The Fiddlehead subdivision is one example. Mr. Clancy said that letters were sent to all contractors but a number have not responded.
On a motion by Mr. Peters, seconded by Ms. Hughes, it was duly voted:
To draft strong correspondence to those developers not responding to the punch list items advising them of the importance of closing these projects.
Forest Trail Correspondence from Attorney Busconi
Attorney Busconi’s correspondence was read into the record by Clerk Hughes. Chairperson Fenby has a concern that his letter seems to indicate that the developer’s expectation is to complete the re-planting in spring of 2004. It was the Board’s understanding that the work would be done this fall. Attorney Busconi indicated that its his clients intention to try to complete the work by the fall but if the weather does not allow he will be forced to complete it in 2004.
His concern is that closings for Lot 7 and Lot 9 have already been scheduled. If Mr. Mutti is unable to meet those closings it will put him in serious financial difficulty.
Mr. Hodge indicated that the Board does not wish to impose any hardship for individuals who have already scheduled their closings but the Board is not satisfied with giving any extension to 2004 for the removal of the stockpile.
The pile has been reduced considerable since the site walk but Mr. Mutti believes that another 60 to 90 days will be required to reduce the stockpile completely.
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To allow closings and occupancies to take place on Lots 7 and 9 when all of the required work for those lots are completed and inspected. Mr. Mutti should schedule no further conveniences or occupancies until such time as the stockpile is removed from the open space parcel.
Also present to the Board was a plan of land to be filed at Land Court for an abandonment of some property by the City.
On a motion by Mr. Hodge, seconded by Ms. Hughes, 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, July 28, 2003.
Thoroughbred Acres
(Mr. Clancy left the meeting.)
Attorney David Gadbois, on behalf of his clients, submitted a check for $5,000.00 for the open space fund and a copy of the deeds for the open space parcel, roadway and appurtenant
On a motion by Mr. Hodge, seconded by Ms. Hughes, it was duly voted:
To accept and file the correspondence from Independent Consultant Anthony Marques and to accept the change to the plan to waive the proposed fence around the detention basin.
On a motion by Mr. Hodge, seconded by Ms. Hughes, it was duly voted:
To accept and file the correspondence from Independent Consultant Anthony Marques recommending a bond reduction and to reduce the bond to $19,011.00 and to sign the acceptance plans for the subdivision.
(Mr. Clancy returned to the meeting.)
PENDING SUBDIVISION PLANS: Updates and Discussions
Definitive Shorter Street
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To accept and file the correspondence from Robert J. Parente, representing his clients Ron and Adelle Blum, requesting an extension for time for consideration of the newly revised plan showing a 24’ foot roadway and to extend time for consideration of this plan until July 28, 2003 and to refer the plan to the City Engineer for his review and recommendation at that time.
Acre Bridge Estates
The plans have been re-submitted by this developer with another engineer. A public hearing date of Monday, July 28, 2003 was set for this subdivision.
SIGNS
Request for variance Rack n’ Roll
On a motion by Ms. Hughes, seconded by Mr. Peters, it was duly voted:
To allow the proposed sign on the easterly wall of the Josephs on Main building as it acts as a directional sign, and further to allow the neon as it will meet the design criteria of the other signs and will have no motion, flashing or trailing.
COMMUNICATION AND/OR CORRESPONDENCE
On a motion by Ms. Hughes, 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 9:00 p.m.
A TRUE COPY
ATTEST: _______________________
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