PLANNING BOARD MINUTES
October 20, 2003
The Planning Board for the City of Marlborough met on Monday, October 20, 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. Johnson, seconded by Mr. Peters, it was duly voted:
To accept and file the minutes of the meeting on Monday, September 29, 2003.
CHAIRS BUSINESS
Update by Director of Planning Lima
Mr. Lima was unavailable for tonight’s meeting but he had provided some information regarding meetings being held to discuss the new 40B recommendations.
Storm water management advisory committee
Mr. Clancy gave the Board a brief overview of the proposed storm water management advisory committee that he hopes will act as a liaison with the Mayor’s office to assist in a comprehensive plan for the City. Mr. Hanson agreed to serve as the representative from the Planning Board for that committee.
APPROVAL NOT REQUIRED PLANS
Central Mass. Engineering – Gulbankians
On a motion by Mr. Hodge, seconded by Ms. Hughes, it was duly voted:
To accept and approve a plan believed to be Approval Not Required of Donald and Levon Gulbankian, 1038 Broadmeadow Road, Marlborough, MA 01752. Name of Engineering: Central Mass. Engineering & Survey, Inc., 277 Main Street, Marlborough, MA 01752. Deed of property recorded in the Middlesex South Registry of Deeds book 26517, page 367. Location and description of property: 12.6 acres + of land on the north side of Broadmeadow Road.
Also to accept and approve, as amended, a plan believed to be Approval Not Required of Levon Gulbankian and Donald and Marie Gulbankian, 1038 Broadmeadow Road, Marlborough, MA 01752. Name of Engineer: Central Mass. Engineering & Survey, Inc., 277 Main Street, Marlborough, MA 01752. Deed of property recorded in the Middlesex South Registry of Deeds book 27464, pages 219 and 220. Location and description of property: 67.9 acres + of land on the northerly side of Broadmeadow Road (Gulbankian Trailer Park).
Russell Street – Attorney Bergeron
Mr. Bergeron was advised the City Engineer Patrick Clancy that one of the lots shown on the ANR plan submitted would need a ZBA variance from the lot shape requirement. Rather than note the plan, Attorney Bergeron asked that the plan be withdrawn without prejudice.
On a motion by Mr. Hodge, seconded by Mr. Coveney, it was duly voted:
To approve Attorney Bergeron’s request to withdraw the plan without prejudice.
Central Mass. Engineering – Gibbs Place
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, November 3, 2003.
PUBLIC HEARINGS
8:00 Joint public hearing with City Council re: rezoning Elm Street and Locke Drive
The Planning Board of the City of Marlborough held a joint public hearing with the Marlborough City Council on Monday, October 20, 2003 at regarding the request of Attorney Arthur Bergeron on behalf of John M. and Dorothea J. Kline to rezone parcels of land on Elm Street and Locke Drive shown as Parcels 2 and 2B on Assessors Map 67, from Limited Industrial to Residence A2.
Council Chair Dennis Hunt and Planning Board Chair Barbara Fenby opened the hearing at 8:13 p.m.
Speaking on behalf of his clients Attorney Bergeron explained that they are referring to land of approximately 13,000 square feet behind the new house currently under construction at the northwest corner of Locke Drive and Elm Street. The land under consideration includes residual land left over from both the State’s taking for the construction of Route 495 and the City’s taking for the construction of the intersection. Some land has actually been returned since that time but certainly not enough to allow for construction under the current zoning as limited industrial (2 acre minimum).
In Favor
John M. Kline
23 Memory Lane
Mr. Kline told the audience that the parcel of land has been subjected to a lot of changes over the years. He gave a brief history of the land and would like the opportunity to build on the site.
There were no other comments from the public.
In Opposition
No one spoke in opposition.
Council
Councilor Pope felt that this would greatly improve the look of the location and is a proper use for the land. She would recommend acceptance.
Councilor’s Nawrocki and Evangelous requested that the rules be suspended to vote on this proposal this evening. Councilor Hunt asked the Board if they would consider voting on this matter this evening. Chairperson Fenby advised that they will take the matter up when they return to their meetings.
There being no further discussion, the hearing was adjourned at 8:10 p.m.
When the Planning Board returned to Memorial Hall there was a discussion among the members regarding the proposal. Attorney Bergeron was present to answer any questions.
A memo from Building Commissioner Reid was read into the record. Mr. Reid believes that the landowner was compensated for his property at the time of both takings. Even if the zone was changed to A2 the developer will still need to appear before the Zoning Board of Appeals for relief from the zoning ordinance. At that point the developer will have created his own hardship and therefore not be eligible for any relief.
Attorney Bergeron asked for, and received, permission to speak. While Mr. And Mrs. Kline were re-imbursed for the land that was taken, they were not paid for the land that was left and for which they have been paying taxes every year.
His client believes that this will be a better use of the land.
Mr. Hodge asked if the property had been offered to the abutters for their use and the answer was no.
Mr. Kline was then asked if he had opposed the takings. Attorney Bergeron explained that any opposition would be to the amount of the re-imbursement only, not to the actual taking. Mr. And Mrs. Kline had not opposed.
On a motion by Mr. Hanson, seconded by Mr. Coveney, it was duly voted:
To recommend that the City Council accept the proposed change to zoning for the property with the understanding that it appears to be an appropriate use for the land.
8:15 Scenic Road Hearing 43 Berlin Road
The Planning Board of the City of Marlborough held a public hearing on Monday, October 20, 2003, at 8:30 p.m. in Memorial Hall, 3rd Floor, City Hall, 140 Main Street, Marlborough on an application to do work on a Scenic Road. 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.
Clerk Hughes read a copy of the proposal advertisement.
Public Notice
A public hearing will be held before the Marlborough Planning Board at 8:15 P.M. on Monday, October 20, 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 wall within the limits of the public way.
Project Name: Rebuild of stonewall
Applicants Name: Leslie R. Kmetz
43 Berlin Road
Marlborough, MA 01752
Extent of Work: Removal and reset of existing stone wall
Chairperson Fenby introduced the members of the Planning Board and staff to those in attendance and briefly reviewed the rules for a public hearing.
Ms. Kmetz made a brief presentation of her proposal to rebuild the farmer’s wall at her location. She presented pictures to the Board showing the existing conditions and advised that it is her intention to rebuild a dry wall utilizing existing stones only. She was asked if she had any intention to re-enforce a footing for the wall and she advised that she is not planning to do so as she is not introducing any new material.
In favor
No one spoke in favor of the proposal.
In opposition
No one spoke in opposition to the proposal.
There being no further discussion, the hearing was closed.
On a motion by Mr. Peters, seconded by Mr. Hodge, it was duly voted:
To approve the reconstruction of the farmers wall at 43 Berlin Road. Proponent will provide the Board with pictures of the completed wall.
8:30 Scenic Road Stow
The Planning Board of the City of Marlborough held a public hearing on Monday, October 20, 2003, at 8:40 p.m. in Memorial Hall, 3rd Floor, City Hall, 140 Main Street, Marlborough on an application to do work on a Scenic Road. 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.
Clerk Hughes read a copy of the proposal advertisement.
Public Notice
A public hearing will be held before the Marlborough Planning Board at 8:30 P.M. on Monday, October 20, 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 wall within the limits of the public way.
Project Name: Stow Road parking
Applicants Name: Conservation Officer Priscilla Ryder
City of Marlborough
140 Main Street
Marlborough, MA 01752
Extent of Work: Construction of six car gravel parking lot
With entrance from Stow Road to access trails
At Mello Family meadow and Cider Knoll Conservation
Land.
Chairperson Fenby introduced the members of the Planning Board and staff to those in attendance and briefly reviewed the rules for a public hearing.
City Engineer Clancy gave the Board a brief explanation of the project on behalf of Conservation Officer Priscilla Ryder. This work to be completed to provide parking for any individuals who may wish to access the walking trails at that location. Parking for six cars will be provided.
In favor
No one spoke in favor of the project.
In Opposition
No one spoke in opposition to the project.
There being no further discussion, the hearing was closed at 8:50 p.m.
On a motion by Mr. Johnson, seconded by Mr. Hanson, it was duly voted:
To approve the proposed breach of the stonewall at Stow Road to provide a six car parking lot. The rocks removed where the wall will be breached will be used to make repairs to the portions of the wall adjacent to the opening rather than as a return for the driveway.
8:45 Definitive Subdivision Eager Court
The Planning Board of the City of Marlborough held a public hearing on Monday, October 20, 2003, at 8:50 p.m. in Memorial Hall, 3rd Floor, City Hall, 140 Main Street, Marlborough on an application for a Definitive Subdivision. 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.
Clerk Hughes 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, October 20, 2003 at 8:45 P.M., at Memorial Hall, City Hall, 140 Main Street, Marlborough, MA on the following Definitive Subdivision Plan “Eager Court” 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: Barbara Jo Eggimann
45 Eager Court
Marlborough, MA 01752
NAME OF ENGINEER: Thomas Land Surveyors & Engineering
118 Forest Avenue
Hudson, MA 01749
LOCATION OF PROPERTY: 1.6 acres of land located at the westerly
End of Eager Court
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.
Chairperson Fenby introduced the members of the Planning Board and staff to those in attendance and briefly reviewed the rules for a public hearing.
Thomas Dipersio of Thomas Land Surveyors gave a brief explanation of the proposed project. The subject property is a two-acre parcel at the westerly end of Eager Court. The proposal is to subdivide the lot in such a way as to leave the existing house and create one additional lot for the construction of a single-family home. A review of the proposed drainage system shows that the construction of the proposed plan will reduce the current drainage issues.
There will be a request for waivers from the subdivision rules and regulations for the following:
· A right of way of 30 feet in place of 50 feet.
· A cul-de-sac length from 629 feet to 730 feet
· Sidewalks
· Cape cod berm in place of granite
In response to questions from Planning Board members, Mr. Dipersio advised that there are no sidewalks or curbing currently on Eager Court. The roadway width at this time is anywhere from 17 feet to 19 feet to 14 feet. The opening at Hosmer Street is 17 feet and has a limited footprint. It would be difficult to expand the existing without taking some private land.
In favor
Glenn J. Foley
32 Eager Court
Mr. Foley has no problem with the proposed project but would encourage the Board to accept the request to waive the requirement for sidewalks.
John D. Petrin
41 Eager Court
Mr. Petrin questioned the waiver for the roadway width. He has no problem with the addition of the home but he does not want to see the road widened or sidewalks installed.
In opposition
Glenn J. Foley
32 Eager Court
Mr. Foley would like the Board to consider giving a waiver so the street would not have to be widened.
Janet L. Cassinelli
209 Kings Grant Road
Ms. Cassinelli asked what kind of dwelling will be built and was assured that it would be a single family home. The developer is unsure exactly where on the lot it would go but Mr. Dipersio assured Ms. Cassinelli that the rear setback will remain at the required forty feet to the property line.
Maureen Sullivan
231 Kings Grant Road
Ms. Sullivan asked if the trees in the back of the property will remain. Mr. Dipersio explained that he believed that some will be left to provide buffering from the neighbors.
Edgar Cascinelli
209 Kings Grant Road
Mr. Cascinelli asked for a re-explanation of the drainage plans.
Lorraine E. Foley
185 Kings Grant Road
Ms. Foley advised that there appears to be a spring in the area that causes problems during extreme weather. Mr. Dipersio said that they will look into that.
John D. Petrin
41 Eager Court
Mr. Petrin asked about the existing catch basin. Mr. Dipersio advised that it will remain and will not be disturbed.
Chairperson Fenby advised that the plan will now be reviewed by the engineering department prior to any final decision.
There being no further discussion, the hearing was closed at 9:14 p.m.
SUBDIVISION PROGRESS REPORT
Update by City Engineer
Mr. Clancy provided the Board with an up to date review of the various outstanding subdivisions
Fahey Street
Mr. White has provided an amended schedule of completion to the City Engineer for his review and recommendation at the next Planning Board meeting.
Mr. White asked to address the Board regarding some questions he has about the extension of the sidewalk. The section of the walk at the end of the cul-de-sac does not seem necessary and he asked the Board to review to see if they would him to simply grass that area.
On a motion by Mr. Hodge, seconded by Mr. Coveney, it was duly voted:
To approve the use of grass in place of sidewalk at that section of the cul-de-sac is it serves no purpose.
Correspondence from homeowner at Water’s Edge
Mr. Clancy advised the Board that Mr. Ansari has, in fact, done a considerable amount of work. He will be doing some re-grading at that yard and basin.
On a motion by Mr. Hodge, seconded by Ms. Hughes, it was duly voted:
To accept and file the correspondence.
Definitive Plan Shorter Street: signature of plan and covenant
On a motion by Mr. Coveney, seconded by Mr. Johnson, it was duly voted:
To accept and sign the plan and the covenant for this subdivision.
Definitive Plan O’Leary’s Landing: signature of plan and covenant
On a motion by Mr. Peters, seconded by Mr. Coveney, it was duly voted:
To accept and sign the plan and the covenant for this subdivision.
PENDING SUBDIVISION PLANS: Updates and Discussions
Definitive Old Orchard Heights
This plan is still under review.
Definitive Acre Bridge Estates
This plan is still under review.
SIGNS
Exxon Station “Gourmet Donuts”
Mrs. Wilderman advised the Board that the proponent is meeting with Mr. Lima and Mr. Reid, as requested, this coming week. There will probably be a report forthcoming at the next meeting.
Discussion of off-premise sign for Rack and Roll
Mrs. Wilderman explained that the owner of Rack and Roll, and the Mayor has asked the Board to informally discuss their feelings for an off-premise sign for the dance club. Mr. Ferro lost his large sign with the opening of the Coral Seafood site and because of that may end up losing a considerable amount of business for holiday bookings.
The Board understands his plight as his was the only building affected with the construction of the parking deck. They are disinclined to think favorably about another large freestanding sign on Bolton Street but do think that a nice sign on the parking deck may be acceptable. They would also be inclined to give some leeway on the Coral Seafood site sign if the two owners were willing to work out an agreement to both advertise on that sign.
Mrs. Wilderman will speak to Mr. Ferro further.
COMMUNICATION/CORRESPONDENCE
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To accept and file all items listed under communication and/or correspondence.
Before the meeting adjourned Mr. Clancy asked to say a few words.
This was Mr. Clancy’s last Planning Board meeting. He will be leaving his position with the City at the end of October to join the FBI; something he has always wished to do. He thanked the members of the Planning Board for all of their support and assistance during his tenure with the city.
Members of the Board wish Mr. Clancy the best of everything in his new endeavor and hope that he manages to keep in touch. He will be sorely missed.
On a motion by Mr. Johnson, seconded by Mr. Peters, it was duly voted:
To adjourn at 9:35 p.m.
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