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Planning Board Minutes 11/17/2003
PLANNING BOARD MINUTES
November 17, 2003


The Planning Board for the City of Marlborough met on Monday, November 17, 2003, in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752.  Members present: Chairperson Barbara L. Fenby, Acting Clerk Edward F. Coveney, Raymond R. Peters, and Clyde L. Johnson.  Also present: Acting City Engineer Paul Giunta.

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 November 3, 2003.

CHAIRS BUSINESS

Update by Director of Planning Lima

Mr. Lima was unavailable for the meeting.

SUBDIVISION PROGRESS REPORTS

Update by City Engineer

Mr. Giunta advised that there has been little change since last the last meeting.  He did advise that Fahey Street has completed paving.

Water’s Edge: request for bond reduction

On a motion by Mr. Johnson, seconded by Mr. Peters, it was duly voted:

To accept and refer the correspondence from Mr. Ansari requesting a reconsideration of the bond release for this subdivision to the City Engineer for his review and recommendation at the next meeting, Monday, December 1, 2003.


On a motion by Mr. Coveney, seconded by Mr. Peters, it was duly voted:

To accept and file the correspondence from Conservation Officer Priscilla Ryder and to make arrangements to visit the site before the next meeting on Monday, December 1, 2003 for a recommendation to the Conservation Commission for their meeting on December 4, 2003.  Chairperson Fenby asked if Mr. Clancy could give her a call regarding the matter as well.

Forbes Avenue

On a motion by Mr. Coveney, seconded by Mr. Peters, it was duly voted:

To accept and file the correspondence from Mr. Ansari asking for the final acceptance of Forbes Avenue and to refer to the City Engineer for his review and recommendation at the next meeting on Monday, December 1, 2003.

Millham Woods: request from homeowners for pool in no-build zone

The homeowners, Richard and Robin Bonina, have applied for permit to install a 16’ by 36’ in ground pool at their home at 39 Gregoire Drive.  The Millham Woods subdivision was one of the first open space subdivisions granted by the Planning Board and included, at this particular address, a 50 foot “no cut” zone and an additional 50 foot perimeter buffer.  The site plan for this location has clearly marked “100’ wide No structures”.

The Department of Inspectional Services have denied the permit application on the grounds that the pool will encroach significantly into the “No structure” area as shown on a submitted proposed plan.

Mr. Bonina explained that they wish to install the pool in the location situated on the plot plan because of some difficulties with the land.  Mr. Bonina brought pictures that show that the land slopes approximately 7 to 10 feet from the front to the rear yard and then levels.  The intention is to place the pool on the level portion of the yard but in order to maintain the required 10-foot setback from the house he has to place most of the pool in the perimeter buffer.

(***It was determined after the meeting that the 10-foot setback is actually measured from the foundation of the house not from the deck.  As long as the deck remains open, it does not count as part of the primary structure.)

Several of the members suggested some design alternatives that may not be viable due to further construction plans.

On a motion by Mr. Johnson, seconded by Mr. Peters, it was duly voted:

To table consideration of this proposal until the next meeting on Monday, December 1, 2003, to allow the members time to visit the site.

High Ridge Acres: request for bond release

On a motion by Mr. Coveney, seconded by Mr. Peters, it was duly voted:

To accept and file the application from Gary Cato requesting a release of the final bond monies and to refer the matter to the City Engineer for his review and recommendation at the meeting on Monday, December 1, 2003.

PENDING SUBDIVISIONS PLANS:  Updates and Discussions

Definitive Old Orchard Heights: request for extension

On a motion by Mr. Coveney, seconded by Mr. Peters, it was duly voted:

To accept and file the correspondence from Stephen E. Poole of Consolidated Design Group, Inc. regarding granting an extension for plan review and to extend the time for consideration of this plan sixty days from the date of the last extension, January 29, 2003.

Definitive Acre Bridge Estates: request for extension

On a motion by Mr. Coveney, seconded by Mr. Peters, it was duly voted:

To accept and file the correspondence from Stephen J. Garofalo regarding granting an extension for plan review and to extend the time for consideration of this plan until December 31, 2003.

Definitive Eager Court

This plan is still under review by the City Engineer.

SIGNS

Exxon Station “Gourmet Donuts”

On a motion by Mr. Johnson, seconded by Mr. Coveney, it was duly voted:

To accept the recommendation of Building Commissioner Stephen F. Reid as outlined in his memo of November 14, 2003 and to hold over consideration until the next meeting on Monday, December 1, 2003.

CVS

Courtney Nawrot of Site Enhancement Services made a brief presentation of a request by CVS to replace their current sign with a message board sign.  Her client is cognizant of the traffic issues at that location which is why strict compliance to the regulations governing message board signs; change no more than once an hour, no flashing, lighting, etc., will be enforced.

Mrs. Wilderman explained that the reason for the variance was not for the message board, which is an allowed use, but for the size.  While the CVS is not requesting any more signage than previously allowed it was determined that the previously approved sign actually exceeded the allowed square footage by 3 square feet.

On a motion by Mr. Coveney, seconded by Mr. Peters, it was duly voted:

To table this matter until the meeting on Monday, December 1, 2003 to allow members to visit the site.

COMMUNICATIONS/CORRESPONDENCE

On a motion by Mr. Coveney, seconded by Mr. Johnson, 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. Peter’s, it was duly voted:

To adjourn at 8:15 p.m.