The Planning Board for the City of Marlborough met on Monday, July 28, 2003, in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Chairperson Barbara L. Fenby, Acting Clerk 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. Johnson, seconded by Mr. Peters, it was duly voted:
To accept and file the minutes for the meeting on Monday, June 16, 2003.
CHAIRS BUSINESS
Director of Planning
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To accept and file the correspondence regarding Director of Planning Lima’s position and the update from his office on various projects.
Waterford Park Boat Launch
Conservation Officer Ryder has prepared a sketch plan showing the proposed canoe launch area.
MetroWest Growth Management Committee
On a motion by Mr. Hanson, seconded by Mr. Peters, it was duly voted:
To have Mr. Hodge continue as the Planning Board representative on this project.
PUBLIC HEARINGS
Extension of Retirement Community Overlay District
At the developers request this hearing was continued until the meeting of Monday, September 8, 2003 to give the developer time to work out some outstanding issues on the existing site.
Definitive Subdivision O’Leary’s Landing
The Planning Board of the City of Marlborough held a public hearing on Monday, July 28, 2003, at 8:15 p.m. in Memorial Hall, 3rd Floor, City Hall, 140 Main Street, Marlborough on the Definitive Plan of a subdivision entitled, “O’Leary’s Landing”. Members present: Chairperson Barbara L. Fenby, Acting Clerk 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 members of the Board and staff and explained the process to those present at the meeting. Acting Clerk Hodge read a copy of the proposal advertisement.
Public Notice
Notice is hereby given that the Planning Board of the City of Marlborough will hold a public hearing on Monday, July 28, 2003 at 8:15 P.M., at Memorial Hall, City Hall, 140 Main Street, Marlborough, MA on the following Definitive Subdivision Plan “O’Leary’s Landing” subdivision which proposal is herewith published in compliance with the requirements of the M.G.L. 41, §81T and is hereby set forth as follows:
NAME OF SUBDIVIDER: Nobel Construction
P.O. Box 255
Southborough, MA 01772
NAME OF ENGINEER: Connorstone Engineering
276 West Main Street
Northborough, MA 01532
LOCATION OF PROPERTY: 3.38 acres located on the north side
Of Berlin Road approximately 2500 feet
West of Pleasant Street
A plan of the proposed subdivision is on file in the City Clerk's Office, the Planning Board Office, and the City Engineer's Office and may be seen prior to the public hearing.
Timothy Paris of Connorstone Engineering gave a brief presentation of the plan on behalf of his client, Brad Bumpus. This plan had been presented before as a preliminary and remains essentially unchanged. It is a three-lot subdivision with two of the lots being in the A2 district and the remaining lot in the rural residential district. There currently is a small wetland area that will remain untouched. The existing house and barn will be removed and the lots will tie in to existing water and sewer lines. They have already received comments from the Conservation Commission and the Engineering Department and those revisions are being addressed. A construction-sequencing schedule has been added to the original plan.
They will be looking for three waivers from the Subdivision Rules and Regulations; roadway slope, comparative impact study and installation of gas service.
In favor:
No one spoke in favor of the proposal.
In opposition:
James A. McNickol
563 Berlin Road
Mr. McNickol is concerned with two issues:
· The egress from the roadway at that curve in Berlin Road will be very dangerous. Ms. Fenby advised that the City will be reviewing the plan to insure that adequate sight distances are maintained.
· The lot that is in the rural residential zone will also have the wetlands and the detention basin. He questions the buildable area of the that lot. Mr. Paris explained that the lot has more than sufficient area for the construction of the house.
Louis W. DeSisto
49 Ethier Circle
Mr. DeSisto was concerned with where the water will be discharging from the drainage systems on site.
Mr. Paris explained that the system is designed to hold any water runoff and discharge it in such a way that it will not impact the neighborhood any more than it does at this time.
There being no further discussion, the hearing was closed at 8:32 p.m.
Definitive Subdivision Acre Bridge Estates
The Planning Board of the City of Marlborough held a public hearing on Monday, July 28, 2003, at 8:30 p.m. in Memorial Hall, 3rd Floor, City Hall, 140 Main Street, Marlborough on the Definitive Plan of a subdivision entitled, “Acre Bridge Estates”. Members present: Chairperson Barbara L. Fenby, Acting Clerk 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 members of the Board and staff and explained the process to those present at the meeting. Acting Clerk Hodge read a copy of the proposal advertisement.
Public Notice
Notice is hereby given that the Planning Board of the City of Marlborough will hold a public hearing on Monday, July 28, 2003 at 8:30 P.M., at Memorial Hall, City Hall, 140 Main Street, Marlborough, MA on the following Definitive Subdivision Plan “Acre Bridge Estates” subdivision which proposal is herewith published in compliance with the requirements of the M.G.L. 41, §81T and is hereby set forth as follows:
NAME OF SUBDIVIDER: SMC Realty Trust
P.O. Box 551
Marlborough, MA 01752
NAME OF ENGINEER: Highland Land Surveyors, Inc.
P.O. Box 399
Southborough, MA 01772
LOCATION OF PROPERTY: South side of Farm Road, west of
Cook Lane, containing 2.63 acres
A plan of the proposed subdivision is on file in the City Clerk's Office, the Planning Board Office, and the City Engineer's Office and may be seen prior to the public hearing.
Steve Poole of Consolidated Design Group gave a brief overview of the plan. It is a 2.6 acres lot that will be divided into six house lots. The parcel is in an A3 zone that requires a minimum 12,500 square foot lot size. The project is designed to be in accordance with all of the zoning regulations and all of the subdivision rules and regulations. They will be asking for no waivers from the Board.
In favor:
No one spoke in favor of the proposal.
In opposition:
Helen P. Larosee
407 Cook Lane
Mrs. Larosee is very concerned because since the developer has started construction along Cook Lane (there are two ANR lots which are under construction) she has had run-off and silt piling up in her driveway and yard. She has already had to spend a considerable amount of money making repairs and re-grading her driveway.
City Engineer Clancy explained that part of the problem is that the work that was done by the City on Cook Lane has not been completed, as the developer will be required to tie into the project at the time of approval. Because of that there has been no berm installed that would be directing the water away from her property.
Bernice G. Moscillo
23 Pheasant Hill Road
Ms. Moscillo is also concerned with additional drainage, as it appears to be an existing drainage problem. She is also concerned with the fact that her neighbor did not receive a copy of the mailing.
Mrs. Wilderman verified that a letter was mailed to her neighbor according to the certified mailing list and no letters had been returned by the post office.
Veronica C. Gaudette
33 Birchwood Drive
Ms. Gaudette’s property directly abuts the property under consideration and is concerned with the setbacks and any required buffering. She wishes to maintain some sort of privacy.
Robert W. Deveaux
15 Sunshine Drive
Mr. Deveaux is also concerned with the setback and privacy issues. Mrs. Fenby confirmed that the setback issues are reviewed during the time of the building permit application process.
James A. McNickol
563 Berlin Road
Mr. McNickol expressed re-iterated the same concerns that he had with the previous hearing; traffic impeding egress and the amount of clearing.
Helen P. Larosee
407 Cook Lane
Ms. LaRosee asked why it had been necessary to remove as much of the tree material as they had. Mr. Poole explained that it had been necessary to allow the surveying to be done properly.
Veronica C. Gaudette
33 Birchwood Drive
Ms. Gaudette asked about the timetable for approval and construction and Mrs. Fenby gave a brief explanation of the approval process.
Robert W. Deveaux
15 Sunshine Drive
Mr. Deveaux wanted to know where the extra house was going as was discussed in the presentation. Mr. Poole explained the difference between the ANR lots and the subdivision lots.
There being no further discussion, the hearing was closed at 8:55 p.m.
Scenic Roads Framingham Road
The Planning Board of the City of Marlborough held a public hearing on Monday, July 28, 2003, at 8:45 p.m. in Memorial Hall, 3rd Floor, City Hall, 140 Main Street, Marlborough on the Definitive Plan of a subdivision entitled, “Acre Bridge Estates”. Members present: Chairperson Barbara L. Fenby, Acting Clerk 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 members of the Board and staff and explained the process to those present at the meeting. Acting Clerk Hodge read a copy of the proposal advertisement.
Public Notice
A public hearing will be held before the Marlborough Planning Board at 8:45 P.M. on Monday, July 28, 2003 in Memorial Hall, 3rd floor, City Hall, 140 Main Street, Marlborough. This notice is published in accordance with the requirements of the Code of the City of Marlborough, “Scenic Roads Act”, and MGL Chapter 40, section 15C. The hearing is being held with respect to removal of the shade trees within the limits of the public way. As part of the City’s roadway improvement program, Framingham Road will be reconstructed this summer. The limits of construction extend from Maple Street to Walker Street. Minor road widening and wall reconstruction will be required. To accommodate the walls and widening, approximately 82 trees will need to be removed (list of trees available at the
Planning Board office.)
City Engineer Patrick M. Clancy gave a brief overview of the proposed project. Most of the trees being removed are groups of weed trees that have been allowed to grow over the years. The Tree Warden has marked trees that are to be removed. About 45 trees will be replaced.
Mr. Johnson asked about the continuity of the roadway width. Mr. Clancy advised that the roadway will go from 28’ to 24’. They would be unable to continue the 28-foot width without making some major changes.
In favor:
No one spoke in favor of the proposal.
In Opposition
No one spoke in opposition of the proposal.
There being no further discussion, the hearing was closed at 9:05 p.m.
On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:
To approve the removal of trees for the roadwork on Framingham Road.
SUBDIVISION PROGRESS REPORTS
Update by City Engineer:
On a motion by Mr. Hodge, seconded by Mr. Peters, it was duly voted:
To accept and file the correspondence regarding the Fiddlehead subdivision.
Forest Trail
On a motion by Mr. Peters, seconded by Mr. Johnson, it was duly voted:
To authorize signature of a previously approved abandonment plan for recording at Land Court. Because a portion of the land in the plan was registered land, the same plan needed to be filed in the Registry of Deeds and with Land Court.
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To accept and refer the request for a bond reduction to the City Engineer for his review and recommendation at the next meeting on Monday, August 25, 2003.
Water’s Edge
On a motion by Mr. Johnson, seconded by Mr. Hanson, it was duly voted to:
Accept and file the correspondence from Farooq Ansari requesting a bond reduction for the Water’s Edge subdivision and to accept the correspondence from Assistant City Engineer Thomas P. Temple, and to deny the request for a bond reduction until such time as the issues in Mr. Temple’s correspondence have been addressed.
Forbes Avenue
On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:
To accept and refer the request for a bond reduction for the Forbes Avenue subdivision to the City Engineer for his review and recommendation at the next meeting on Monday, August 25, 2003.
Crystal Ridge Estates
On a motion by Mr. Johnson, seconded by Mr. Hodge, it was duly voted:
To accept and refer the request for a bond reduction for this subdivision to the City Engineer for his review and recommendation at the next meeting on Monday, August 25, 2003.
Elm Farm Valley Estates
On a motion by Mr. Johnson, seconded by Mr. Peters, it was duly voted to:
Accept and endorse the bonding agreement for this subdivision in the amount of $161,000, the Certificate of Performance and to refer the request for a bond reduction to the City Engineer for his review and recommendation at the next meeting on Monday, August 25, 2003.
Hudson Crossing
On a motion by Mr. Johnson, seconded by Mr. Hodge, it was duly voted:
To recommend the acceptance of the street and appurtenant easements for the Hudson Crossing Subdivision and to recommend the return of all outstanding bond monies for this project.
PENDING SUBDIVISION PLANS: Updates and Discussions
Shorter Street
On a motion by Mr. Hodge, seconded by Mr. Peters, it was duly voted:
To accept the correspondence from Mr. Parente of Central Mass. Engineering and to extend the time for review of this plan until the meeting on Monday, August 25, 2003.
SIGNS
Conservation Commission Request for Off-Premise Signs
Mrs. Wilderman reminded the Board that technically, signs erected by the City are not considered signs under the auspices of the city’s sign ordinance. Conservation Officer Ryder has asked, however, that the Board review the proposed information kiosk for the Assabet River Rail Trail for design and placement.
On a motion by Mr. Hodge, seconded by Mr. Peters, it was duly voted:
To approve the design and placement of the requested information kiosk for the Assabet River Rail Trail.
Victoria Building
Charles Gadbois, as the owner of the Victoria Building, explained that his sign company had advised him that he is asking for a dimensional variance. It was explained that the sign is not allowed because the building has no façade on the ground floor.
On a motion by Mr. Johnson, seconded by Mr. Peters, it was duly voted:
To ask Mr. Gadbois to reconsider putting a sign on the freestanding sign out front. It was also suggested that a letter go to Mr. Gadbois’ sign company urging them to review the requirements of the sign ordinance.
Borders Book Store
A representative of New England Development discussed briefly the request for additional signage on the side of the newly constructed Border’s Bookstore at the Solomon Pond Mall. It a door existed at that location the store would be eligible for a small flat wall sign. At this time there is no door.
On a motion by Mr. Hodge, seconded by Mr. Peters, it was duly voted:
To continue this discussion until the next meeting on Monday, August 25, 2003 so that the members can go to the site and review the placement.
Charter One Bank
A representative from Saxton Signs was available to discuss the request for a sign for the new bank inside the Price Chopper supermarket. The sign requested will exceed the allowed signage by 35 square feet.
On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:
To continue this discussion until the next meeting on Monday, August 25, 2003 so that the members can go to the site and review the placement.
INFORMAL DISCUSSION
Hemenway Street
Frank Warner Riepe, an architect representing his client, F. Ty Edmondson, explained that they have recently been before the Zoning Board of Appeals asking for relief from the zoning ordinance. There is a large existing house on their lot and the owners wish to build a guest house/artist studio on the same lot. Their appeal was denied by the ZBA and they were told to come before the Planning Board to file a subdivision plan. They were trying to avoid subdividing the lot further and asked the Board their opinion of the project.
In the ensuing discussion numerous suggestions were made regarding some method of connecting the two homes to eliminate the necessity for filing a subdivision.
It was suggested that the Board defer any definitive answer on this issue until the next meeting after they have had a chance to review the site.
COMMUNICATION AND/OR CORRESPONDENCE
On a motion by Mr. Hodge, seconded by Mr. Peters, it was duly voted:
To accept and file all items listed under communications and/or correspondence.
On a motion by Mr. Johnson, seconded by Mr. Peters, it was duly voted:
To adjourn.
A TRUE COPY
ATTEST: __________________________
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