PLANNING BOARD MINUTES
November 3, 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, Raymond R. Peters, Robert Hanson and Clyde L. Johnson. Also present: Acting City Engineer Paul Giunta.
MINUTES
On a motion by Ms. Hughes, seconded by Mr. Peters, it was duly voted:
To accept and file the minutes of the meeting October 20, 2003.
CHAIR’S BUSINESS
Update by Director of Planning Lima
Mr. Lima was otherwise engaged at the Housing Committee Meeting in chambers.
APPROVAL NOT REQUIRED PLANS
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To accept and endorse a plan of land believed to be approval not required of John Geagan, 24 Gibbs Place, 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 29030, page 275. Location and description of property: 47,000 square feet of land on the westerly side of Gibbs Place showing a 3268 square foot parcel to be deeded to an abutter.
PUBLIC HEARINGS
8:00 p.m. Joint public hearing re: rezoning Williams Street
The Planning Board of the City of Marlborough held a joint public hearing with the City Council on a proposed amendment to the Code of the City of Marlborough. City Council President Dennis Hunt and Planning Board Chair Barbara Fenby opened the hearing at 8:40 p.m. The City Clerk read a copy of the notice of the hearing into the record.
Public Notice
Notice is hereby given that the City Council of the City of Marlborough will hold a joint public hearing with the Planning Board on Monday, November 3, 2003, at 8:00 p.m. in City Council Chambers, City Hall on the following proposed amendment to he Code of the City of Marlborough:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH that the Code of the City of Marlborough, as amended, be further amended, Chapter 200 Zoning, Section 8, Boundaries Established; Zoning Map, be further amended as follows:
That the existing Retirement Community Overlay District Zone on Map 113, Parcels 3 and 4 be extended to include Map 113, Parcel 6 (615 Williams Street) that is currently zoned LI.
Attorney William Pezzoni made a short presentation on behalf of his client; Williams Village LLC. Dave Franchi and Andy Iavonni were also present.
Attorney Pezzoni passed out a document outlining the exact location of the property in question. It is a parcel of 2.6 acres adjacent to the existing Villages at Crane Meadow. It is the intention of the developer to add this property to the existing 25-acre parcel for an additional 17 or 18 units. There are presently 91 units planned for the existing parcel.
Mr. Pezzoni briefly discussed the issues that presented themselves at the original hearing before the Council in July at both this and the Villages East site. He believes that the lines of communication between the developer and the unit owners have been opened and continue to flourish.
The issue before the Council and Planning Board this evening is simply the extension of the overlay zone. If the parcel was developed as limited industrial land it would realize 23 or 24 thousand dollars in taxes annually. As a residential site the City could see more than 60 thousand dollars in taxes.
Additionally, as this property abuts the Town of Southborough where it is residentially zoned, it makes for an appropriate transition.
In Favor
No one spoke in favor of the proposal.
Questions from the Public
No one spoke from the public.
In Opposition
No one spoke in opposition.
Questions from City Councilors
Councilor Nawrocki questioned when the roadway work is planned to start. Mr. Franchi explained that it has been scheduled for the past couple of weeks but they have been unable to start due to inclement weather. They hope to start by the end of next week. Councilor Nawrocki also asked if, once the roadway was completed, if contractors could use an alternative access to the site to insure that the roadway is not destroyed. It was agreed that the developer will work with Building Commissioner Reid to determine a suitable access roadway.
Councilor Nawrocki also advised that this is a project that the neighbor support and would ask that the Council suspend the rules to vote on the project this evening after the Planning Board has made its recommendation.
Councilor Katz is still concerned that there are several outstanding issues with both sites currently. While he is supportive of the amended zone change he is on notice that he will not be supportive of the special permit request until he is satisfied that all of the outstanding issues are addressed.
Councilor Vigeant is also concerned with some of the outstanding issues. He is particularly concerned with the lack of “as-built” plans for the Villages at Marlborough East. He also will support tonight’s amendment but will not consider the special permit until such time as all of the appropriate conditions are satisfied on the existing sites.
Questions from Planning Board
Mr. Johnson asked the developer how many of the residents at either the Villages at Marlborough East or the Villages at Crane Meadow were originally Marlborough residents. Mr. Pezzoni advised that he was unable to answer that question at this time but would be happy to provide the information later.
Mr. Johnson expressed his concern that the projects were originally presented as alternative housing to Marlborough seniors who were looking to downsize. It would now seem that the housing seems geared to individuals who are not long time Marlborough residents. Mr. Johnson doesn’t think it appropriate to continue to change the rules for something that ultimately does not benefit the citizens of Marlborough.
Councilor Katz asked why the Council was in such a hurry to vote on the issue this evening. Councilor Nawrocki explained that the issue has been before the Council for almost six month and would like to finalize the issue.
There being no further discussion the hearing closed at 8:55 p.m.
On a motion by Mr. Johnson, seconded by Mr. Hodge, it was duly voted:
To recommend the denial of the request to extend the Retirement Community Overlay District because of the following:
· The Board does not believe that its in the City’s best interest to reduce available limited industrial space and
· The Board does not believe that the existence of additional units at that location is in the best interest of the existing citizens of Marlborough.
SUBDIVISION PROGRESS REPORTS
Update by City Engineer
Acting City Engineer Giunta distributed the most recent update. Mr. Hodge asked Mr. Giunta to look into an issue at Lacombe Street extension. As this was Mr. Giunta’s first day on the job he wasn’t able to provide an answer but said that he would check into it.
Water’s Edge: correspondence from Conservation
On a motion by Mr. Johnson, seconded by Ms. Hughes, it was duly voted:
To accept and file a copy of correspondence from Conservation Officer Priscilla Ryder regarding the completion of the work needing to be done on the trails and open space.
Waterford: Correspondence from Conservation re: canoe launch
On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:
To accept and file the correspondence from Conservation Officer Priscilla Ryder regarding the eventual construction of the canoe launch at the Sepracor location.
Fahey Street
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To accept and file the correspondence from Assistant City Engineer Thomas P. Temple regarding the request for a bond reduction at the Fahey Street subdivision, and to reduce the bond from $151,000.00 to $66,000.00.
PENDING SUBDIVISION PLANS: Update and discussions
Definitive Old Orchard Heights
The plan is still under review.
Definitive Acre Bridge Estates
The plan is still under review.
Definitive Eager Court
The plan is still under review. On a motion by Mr. Peters, seconded by Mr. Johnson, it was duly voted:
To accept and file the correspondence from John and Kimberly Petrin regarding their concerns with roadway expansion and sidewalks at the proposed Eager Court subdivision. The correspondence was read into the record and Acting City Engineer Giunta assured the Board that they will be reviewing the issue of the drainage very carefully.
SIGNS
Exxon Station; “Gourmet Donuts”
Building Commissioner Reid distributed a memo to the Board outlining the results of his meeting with the proponents for these signs at the Exxon Mobil station on East Main Street.
As per the Board’s request Mr. Reid met with the owner and his representative, John Grasso. Unfortunately neither the owner nor his representative provided the sign summary that the Board required. For that reason, Mr. Reid went to the site and outlined all of the signs that were currently on site and made suggestions regarding which signs should be removed to allow the Board to consider the variance.
In fact, the site is out of compliance with signs that were never permitted or approved by 83.8 square feet. As the developer seemed unwilling to bring the site into compliance the Board cannot review the issue of a variance for additional signage.
On a motion by Mr. Hanson, seconded by Mr. Peters, it was duly voted:
To disallow any review or approval of any variance to the sign ordinance until such time as the site is brought into full compliance with the sign ordinance and to support the Building Commissioner’s action to that end.
Wendy’s Workout; 9 Broad Street
Mrs. Wilderman asked the Board to consider informally a request by Wendy Whiting for a sign variance at her home at 9 Broad Street. Ms. Whiting has purchased the old home at the corner of Broad and West Main Street and is living there and using space in the home for her business as a personal trainer.
She would like to have a sign on the West Main Street side of the property that would be placed on the post used previously by a owner who ran her hairdressing business from her home.
She would also like a small sign at the front of her building (on the Broad Street side). Both signs are in excess of the 3 square foot sign allowed for a home occupancy.
It appeared to be the Board’s opinion that they would have no objection to a sign that replaces the existing sign on the post at the West Main Street side. They do not, however, believe that a sign at the Broad Street side would be warranted, as this is still a residential district.
Informal discussion re: signs
Ms. Hughes had two topics that she wished to bring to the Board’s attention. The first was the banner that continues to be at the freestanding sign at the Karnak Property on East Main Street for the dry cleaner. Mrs. Wilderman said that she would contact Mr. Connors to have the sign removed immediately.
Ms. Hughes was also surprised to see that Best Buy has a sign on a freestanding sign at Donald Lynch Boulevard. She said that it was her impression that no such sign would be required at the time of their variance hearing.
It was determined that the representative had effectively ducked the question when asked about any request for a freestanding sign by saying that no such request was before them at that time.
On a motion by Mr. Peters, seconded by Mr. Johnson, it was duly voted:
That the Board, in any future negotiations for signs, will have clear and precise language regarding the Board’s expectations for total signage, not just the variance before them at the time.
COMMUNICATIONS AND CORRESPONDENCE
On a motion by Ms. Hughes, seconded by Mr. Hodge, 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 at 9:40 p.m.
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