PLANNING BOARD MINUTES
March 22, 2004
The Planning Board for the City of Marlborough met on Monday, March 22, 2004, in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Chairperson Barbara L. Fenby, Acting Clerk, Philip J. Hodge, Raymond R. Peters, and Clyde L. Johnson. Also present: Assistant City Engineer Thomas P. Temple.
MINUTES
On a motion by Mr. Peters, seconded by Mr. Johnson, it was duly voted:
To accept and file the minutes of the meeting of March 8, 2004.
CHAIR’S BUSINESS
Correspondence from ZBA re: proposed zoning amendment
On a motion by Mr. Johnson, seconded by Mr. Peters, it was duly voted:
To accept and file the correspondence from Mr. Natale of the Zoning Board of Appeals.
Correspondence from Building Commissioner Reid re: zoning amendment
On a motion by Mr. Peters, seconded by Mr. Johnson, it was duly voted:
To accept the recommended changes to the proposed “Limited Development Subdivisions” and to amend the draft copy.
On a motion by Mr. Johnson, seconded by Mr. Peters, it was duly voted:
To forward the draft of the proposed change to zoning, “Limited Development Subdivisions”, to the City Solicitor for his review and submittal in final format to the City Council and the Zoning Board of Appeal.
Fairfield correspondence
Material was provided for information purposes only. The Planning Board sent the ZBA a letter outlining their concerns at the beginning of the process.
Notice of Intent to sell farm land
On a motion by Mr. Johnson, seconded by Mr. Peters, it was duly voted:
To send correspondence to the City encouraging the purchase of the property for appropriate city uses, (walking trails, sports fields, etc.) and to review possible sources of funding from state or private entities.
It was also voted to ask the Conservation Commission if the purchase of this property would impact any existing conservation or trail plan.
APPROVAL NOT REQUIRED PLANS
Boston Post Road East: recommendation from City Engineer
A review of the final prepared plan showed the following:
· That Boston Post Road East is a public way in Marlborough
· That the plan presented to the Planning Board for approval, “Plan of Land R.K. Plaza, Boston Post Road East, Marlborough, MA”, prepared for R. K. Associates, Inc., 456 Providence Highway, Dedham, MA 02026, dated March 18, 2004, consists of Lot 1 which contains 73,653 square feet of land, Lot 2 which contains 99,183 square feet of land, and parcel 1 which contains 7,546 square feet of land
· That Parcel 1 is not to be considered an independent building lot but is to be conveyed to the Trustees of the Sheffield Court Condominium Trust to allow the occupants to continue to park on the property
· That Lot 1 will retain a private drainage easement over Parcel 1 for the use of Lot 1.
On a motion by Mr. Johnson, seconded by Mr. Hodge, it was duly voted:
To accept and endorse the plan of land believed to be Approval Not Required of R. K. Associates #5, Inc., 456 Providence Highway, Dedham, MA 02027. Name of engineer: Mistry Associates, Inc., 315 Main Street, Reading, MA 01867. Deed of property recorded in Middlesex South Registry of Deeds, Book 16282, page 358. Location and description of property: two parcels of land located on Boston Post Road East (Route 20). The land is shown as Map 60 lot 30A on the City of Marlborough Assessors map and in a deed recorded in the Middlesex South District Registry of Deeds. Both parcels are adjacent to the Condominiums known as Sheffield Court.
Reynolds Court: recommendation from City Engineer
A review of the final prepared plan showed the following:
· That Reynolds Court is a public ways in Marlborough
· That Donahue Drive is a private way in Marlborough
· That the plan presented to the Planning Board for approval, “Plan of Land in Marlborough, Massachusetts” for property owned by Sean Jones and Jamie Shepard and Caramia Cappodanno, dated February 23, 2004, consists of Lot 3A and Lot 5A with a parcel A which is considered to be a part of lot 3A
· That parcel A contains 1,898 square feet of area and is not to be considered an independent building lot is to be conveyed to Mr. Jones to for inclusion into Lot 3A
· That Lot 3A will have a total of 43,680 square feet
· That Lot 5A will have a total of 45,479 square feet
· That both Lot 3A and Lot 5A meet the frontage requirements for the Rural Residential zone.
On a motion by Mr. Peters, seconded by Mr. Johnson, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Sean Jones and Jamie Shepard c/o Aldo Cipriano, 277 Main Street, Marlborough, MA 01752. Name of Engineer: Central Mass. Engineering & Survey, 277 Main Street, Marlborough, MA 01752. Deed of property recorded in Middlesex South Registry of Deeds, Book 26183, page 595. Location and description of property: two plus acres of land on the westerly side of Donahue Drive to be resubdivided into two 1-acre lots.
SUBDIVISION PROGRESS REPORTS
Update by City Engineer
Mr. Temple advised the Board that all of the developer letters have gone in the mail. We have received only two back as undeliverable; Gary Cato from Black Dog Realty Trust and one of the Wayside developments. Mrs. Wilderman is looking for corrected addresses but in the meantime Mr. Temple is getting prices for finishing the Wayside project.
Westridge Estates
Mr. Temple showed the Board recent pictures of the subdivision site for West Ridge and Cider Mill Estates subdivision. In light of last meetings correspondence from Attorney Gadbois regarding three of the lots and the condition of the site, the Board would like to have a discussion with someone from Fafard at the next meeting.
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To send correspondence to a representative of Fafard Real Estate, Inc. requiring a presence at the next meeting of the Planning Board on Monday, April 5, 2004, to explain what steps are being taken to correct site problems in a time and manner that will eliminate the need for the Board to issue a cease and desist order for the site.
O’Leary’s Landing
On a motion by Mr. Hodge, seconded by Mr. Peters, it was duly voted:
To accept and refer the correspondence from Noble Construction requesting a bond amount to the City Engineer for his review and recommendation at the meeting on Monday, April 5, 2004.
Correspondence from Ms.Ryder re: Brigham Street and Waters Edge
Conservation Officer Ryder submitted a copy of correspondence verifying the payment of open space fund maintenance for Brigham Street and Waters Edge.
On a motion by Mr. Johnson, seconded by Mr. Hodge, it was duly voted:
To accept and file the correspondence.
Cook Lane Reconstruction
On a motion by Mr. Hodge, seconded by Mr. Peters, it was duly voted:
To accept and refer the correspondence from Mr. Garofalo regarding a requested bond reduction for the Cook Lane work to the City Engineer for his review and recommendation at the next meeting on Monday, April 5, 2004.
PENDING SUBDIVISION PLANS: Updates and Discussions
Definitive Plan Old Orchard Heights
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To accept and file the correspondence from Steven Poole, P.E., on behalf of his clients, and to extend the time for consideration of this plan until April 30, 2004.
Definitive Subdivision Acre Bridge Estates
On a motion by Mr. Hodge, seconded by Mr. Peters, it was duly voted:
To accept and file the correspondence from Steven Poole, P.E. on behalf of his clients asking for an extension of time for consideration of this plan until April 15, 2004 and to extend the time until April 30, 2004 as Mr. Poole is the engineer for both Acre Bridge and Old Orchard Heights and the Board felt that this would be easier for him.
Definitive Eager Court
The City Clerk has received a letter from Thomas DiPersio, Sr. on behalf of his client, requesting that the Clerk sign the plan under Chapter 41, Section 81V for the Planning Board having failed to take action on the plan during the prescribed time.
On a motion by Mr. Johnson, seconded by Mr. Peters, it was duly voted:
To send correspondence to the City Clerk, with copies to Mr. DiPersio and his client, advising them that a prescribed approval does not relieve the developer from their responsibilities to meet all applicable rules and regulations including but not limited to Subdivision Rules and Regulations, Zoning Ordinance, and the City Code.
SIGNS
First Baptist Church
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To allow a freestanding sign for the First Baptist Church, 22 Mechanic Street based upon the Historical District Commission approval, and based upon the original taking by the City for the extension of Mechanic Street.
COMMUNICATION/CORRESPONDENCE
On a motion by Mr. Johnson, 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 8:30 p.m.
A TRUE COPY
ATTEST: _______________________
Acting Clerk Philip J. Hodge
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