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Planning Board Minutes 04/05/2004
PLANNING BOARD MINUTES
April 5, 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, Clerk Colleen M. Hughes, Philip J. Hodge, Edward F. Coveney, Raymond R. Peters, Robert Hanson and Clyde L. Johnson.  No one from the Engineering Department was available for the meeting.

MINUTES

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

To accept and file minutes of the meeting on March 22, 2004.

CHAIR’S BUSINESS

Correspondence from City Solicitor re: proposed zoning amendment

City Solicitor Agoritsas has not yet had a chance to provide the wording.  The proposal will be held over until the next meeting on April 26, 2004.

Notice of Intent to sell farm land; letter from Conservation Officer

Conservation Officer Ryder is on vacation and will respond for the next meeting on April 26, 2004.

SUBDIVISION PROGRESS REPORTS

Update by City Engineer

The report is not available for this meeting.

West Ridge Estates/Cider Mill Estates: discussions re: site condition

As there was no engineer for the evening and his office had not yet submitted the list of problems on site, it was decided to postpone this discussion until the next meeting on April 26, 2004.

Mrs. Wilderman advised, however, that Mr. Seaberg of Benchmark Engineering has submitted a revised work schedule, as requested, for all of the outstanding Fafard project.

On a motion by Mr. Hodge, seconded by Ms. Hughes, it was duly voted:

To accept and refer the revised schedules to the City Engineer for his review and recommendation.

The schedules included were for the following projects:

·       Cider Mill Estates
·       West Ridge Estates
·       Slocomb Lane
·       Gikas Circle
·       Forest Grove
·       DiCenzo Boulevard

O’Leary’s Landing: request for bond amount

This topic was postponed until the next meeting of April 26, 2004.

Cook Lane reconstruction

This topic was postponed until the next meeting of April 26, 2004.

Deerfield Village: bond reduction request

This topic was postponed until the next meeting of April 26, 2004.

Slocomb Lane: correspondence from Conservation Officer

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

To accept and file the correspondence from Conservation Officer Ryder regarding a reminder to satisfy condition #29B of the Order of Conditions concerning grading and clearing limits associated with each lot along with a reminder regarding weekly inspections.

Forest Trail: release of conditional occupancies

In June of 2003 the Planning Board had issued a decision that the Mr. Mutti’s landscape architect would provide the Board with an amended plan increasing the caliper of the replacement trees and would remove all of the stockpiled material from the stripped open space parcel.  The parcel has been moved to the beginning of the subdivision roadway.  The new plan was only submitted at the end of the last week and the Board was hesitant to accept either the plan or the site without Ms. Ryder’s input.  Additionally they wanted some indication from the City Engineer that the stockpile located at the beginning of the subdivision is safe for vehicles entering or exiting the site.

The Board was clear that Mr. Mutti could either wait until the next meeting or they could ask the Building Department to issue a conditional occupancy.  Mr. Mutti was concerned that a bank would not accept a conditional occupancy but the Board was adamant that the above choices were the only ones available at this time.

On a motion by Ms. Hughes, seconded by Mr. Johnson, with Mr. Hodge and Mr. Hanson dissenting, it was duly voted:

To send correspondence to the Building Department advising of their willingness to allow an occupancy for the next two buildings if all other issues are acceptable to the appropriate inspectors and conditioned upon the Conservation Officer’s review and approval of the re-forestation plan and the City Engineer’s approval of the current stockpile location and that it is in a safe condition.

Crystal Ridge Estates: Cease and Desist Orders

Mrs. Wilderman advised the Board that the Building Department and the Conservation Commission were required to take action against the developer for Crystal Ridge Estates last week during the previous week of rain.  Insufficient erosion controls on site resulted in a considerable amount of silt being deposited inappropriately.  A cease and desist order was issued by the Building Inspector stopping all work on site until such time as the erosion problem was corrected and approved by the Conservation Officer.  Ms. Ryder reviewed the site late Friday afternoon and found the site acceptable.  The cease and desist order was lifted but the site is under an order from the Conservation Commission for weekly reports and constant monitoring of the erosion control mitigation.

Mr. Johnson asked that the City Solicitor be queried as to whether the Planning Board or any city entity has the ability to stop work on a development where the developer may be in violation at another site.  There was concern that a developer’s use of separate trusts for different project, I.e. Crystal Ridge Estates Trust, Elm Farm Valley Estate Trust, etc., may obstruct the ability to do so.  Mrs. Wilderman will check with the solicitor.

PENDING SUBDIVISION PLANS: Updates and Discussions

Definitive Old Orchard Heights

Consideration of this plan has been extended until April 30, 2004.

Definitive Acre Bridge Estates

Consideration of this plan has been extended until April 30, 2004.

Definitive Eager Court

On a motion by Mr. Hanson, seconded by Ms. Hughes, it was duly voted:

To accept and file the correspondence from Thomas DiPersio of Thomas Land Surveyors on behalf of his client, Barbara Bliss, outline the modifications they will be making to the plan as a response to Mr. Temple’s comments and to refer the correspondence to the City Engineer for his review and recommendation at the next meeting on April 26, 2004.

SIGNS

Rack and Roll

Attorney Douglas Rowe, representing his client Joseph Ferro, presented to the Board a proposal for two off premise signs for the “Rack and Roll” club (previously City Club and Doo Wops).

The City Council has granted a license for the use of City of Marlborough property at two locations for such signs if approved by the Planning Board.

The first sign would be a directional sign located at the westerly side of the intersection of Granger Boulevard and Court Street by the parking deck.  The sign is 16” X 24” sign to be placed on a pole of the DPW’s specification to insure that there is no interference with site lines for vehicles exiting Court Street.

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

To grant a variance from the sign ordinance to allow a directional sign as presented at the westerly side of the intersection of Granger Boulevard and Court Street and as approved by the DPW.

The second sign would be a message board sign located at the intersection of South Bolton Street and Weed Street.  This sign would be a 6’6” X 8’ sign similar to the City’s informational sign in the parking lot next to the old fire station.

On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:

To deny a variance from the sign ordinance for a message board sign to be located at the intersection of Weed Street and South Bolton Street as it would add a very large amount of off-premise signage that would not be consistent with the intent of the sign ordinance.

COMMUNICATIONS/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 8:30 p.m.



                        A TRUE COPY
                        ATTEST:         _________________________
                                                Colleen M. Hughes, Clerk