PLANNING BOARD MINUTES
May 24, 2004
The Planning Board for the City of Marlborough met on Monday, May 24, 2004, in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Acting Chairperson Philip J. Hodge, Clerk Colleen M. Hughes, Edward F. Coveney, Robert Hanson and Clyde L. Johnson. Also present: Acting City Engineer Thomas P. Temple.
MINUTES
On a motion by Ms. Hughes, seconded by Mr. Johnson, it was duly voted:
To accept and file the minutes of the meeting of May 10, 2004.
CHAIR’S BUSINESS
Discussion re: proposed zone change “Limited Development Subdivision”
Mr. Hodge advised that there has been no further discussion with the City Solicitor regarding this proposed change to the zoning ordinance. Mrs. Wilderman will send a reminder to the solicitor’s office to keep this proposal moving.
PUBLIC HEARINGS
8:00 p.m. Joint Public Hearing City Council
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, Chapter 200, Zoning. City Council President Arthur Vigeant and Acting Planning Board Chairperson Philip Hodge opened the hearing at 8:00 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 Planning Board of the City of Marlborough will hold a public hearing on Monday, May 24, 2004 at 8:00 p.m. in City Hall, City Council Chambers, 140 Main Street, Marlborough, on the following proposed amendment to the 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, Chapter 200 Zoning, Section 21, subsection D be DELETED in its entirety:
Chapter 200, Section 21
Subsection “D”
The provisions of Section 200-26 shall not apply to a Special Permit for the construction of a Retirement Community.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH that the code of the City of Marlborough, as amended, Chapter 200 Zoning, Section 22, subsection (D) be DELETED in its entirety:
Chapter 200, Section 22
Subsection “D”
The Provisions of Section 200-26 A shall not apply to a Special Permit for the construction of a Retirement Community or an ancillary Residential Community in a Retirement Community Overlay District.
Speaking on behalf of the proposed change was City Councilor Trish Pope. For some reason the requirements for affordable units was deleted from the wording when both the retirement community district and the retirement community overlay district were instituted and Councilor Pope would like the wording re-inserted.
In Favor
No one else spoke in favor of the proposal.
In Opposition
No one spoke in opposition to this proposal.
Councilor Schaeffer asked if this proposal would affect a project asking to amend an existing special permit to include more units. Councilor Pope felt that if the additional numbers being asked for triggered the affordable section of the zoning ordinance (20 units), then it would have to be included in the amended special permit.
There being no further discussion, the hearing was closed at 8:20 p.m.
On a motion by Mr. Hanson, seconded by Mr. Johnson, it was duly voted:
To recommend that the City Council approve the proposed amendment to the zoning ordinance as any effort should be made to provide the citizens of the City of Marlborough with affordable housing opportunities. Additionally, by continually adding to the City’s affordable housing stock the City can maintain its control of proposed multi-family projects.
SUBDIVISION PROGRESS REPORTS
Update by City Engineer
Mr. Temple was able to provide the Board with an updated report on the outstanding subdivisions. He has had meetings or is scheduled to have meetings with most of the oldest jobs to finally clear them out, i.e. Fiddlehead, Fay Farm, etc.
West Ridge Estates/Cider Mill Estates
A discussion was held regarding a copy of correspondence from Joe Trolla of Fafard to Building Commissioner Stephen Reid regarding another plan to stockpile material from this site. Essentially the developer would like permission to move the remaining stockpile to adjacent state land, for which they have received verbal permission, so that they can begin development of the roadway and utilities for the subdivision. It would appear that they are finding it difficult to find locations to take the fill at this time.
Mrs. Wilderman explained that Mr. Reid was not available this evening but that he wished the Board to understand that he was unaware that the developer had been under an order by the Board when he had discussions with Mr. Trolla. As the site is now under the jurisdiction of the Planning Board and the Engineering Department now that there are approved subdivisions in place, he defers to the Planning Board on this issue.
Mr. Temple advised Mr. Seaberg, the project manager for this site, that he thought that the Board had been very clear at the last meeting that they want the site cleared before any further roadway or utility construction is started. Because no subdivision roadway is built to state highway standards, the continued use of constant heavy equipment to remove the stockpiled material will have a negative impact on the roadway.
Mr. Hodge indicated that he does not see any advantage to the city to have the stockpile moved three times.
On a motion by Ms. Hughes, seconded by Mr. Johnson, it was duly voted:
To accept and file the correspondence from Mr. Trolla and to advise that the Board would like to see confirmation from the State regarding the use of the land for stockpiling.
On a motion by Ms. Hughes, seconded by Mr. Hanson, it was duly voted:
To accept and file the correspondence from James McLoughlin to Attorney Gadbois regarding a land issue at this subdivision. Attorney Gadbois advised that the letters are being provided for informational purposes only and will not affect the subdivision until they start construction.
Forest Grove
Mr. Temple and Mrs. Wilderman advised the Board that they have received numerous calls and emails regarding the street tree plantings that have taken place at this subdivision in the past few days. Homeowners have complained that they received no notification of the plantings, property has been destroyed (landscaping and sprinklers), the condition of many of the trees are suspect, the location of many of the plantings is less than optimal and many neighbors are dissatisfied with the type of trees planted.
On a motion by Mr. Johnson, seconded by Mr. Hanson, it was duly voted:
To ask the developer’s representative to meet, on site, with both Mr. Temple and Mr. White (Tree Warden) to review the condition of the planted trees, the locations and the ability for some other choices to be available for plantings, report to the Planning Board at the next meeting on Monday, June 7, 2004, and to notify those homeowners who have inquired.
On a motion by Mr. Johnson, seconded by Mr. Hanson, it was duly voted:
To allow the request of George Kotsiras of 29 Muir Way to plant his own trees if Mr. Kotsiras assumes the developer’s responsibility for the type, size and location of the trees as well as the responsibility to replace any tree that does not survive. Mr. Kotsiras is directed to contact the city’s tree warden, Chris White at the Department of Public Works before planting.
Forest Trail reforestation plan
Mrs. Wilderman advised the Board that there is some question that Mr. Mutti has decided to plant 3” caliper trees which will affect the Board’s advisory for the contribution to the open space fund. Additionally, the Board noted that the prices quoted by the tree warden in his correspondence is a wholesale price and will need to be adjusted for bonding purposes to cover the cost of removal and re-planting if it becomes necessary for the City to perform the work. Mr. White was going to go to the site to confirm what Mr. Mutti has planted.
On a motion by Ms. Hughes, seconded by Mr. Coveney, it was duly voted:
To accept and file the correspondence from Mr. White and to wait until the next meeting on Monday, June 7, 2004, until they have a confirmation from Mr. White before setting a final bond amount and considering a contribution to the open space fund.
Elm Farm Valley Estates
On a motion by Ms. Hughes, seconded by Mr. Coveney, it was duly voted:
To accept and file the amended completion schedule and forward to the City Engineer.
Crystal Ridge Estates
On a motion by Mr. Hanson, seconded by Mr. Johnson, it was duly voted:
To accept and file the amended completion schedule and forward to the City Engineer.
Thoroughbred Acres acceptance plan
On a motion by Mr. Hanson, seconded by Mr. Coveney, it was duly voted:
To accept and file the correspondence from Mr. Marques and to sign the acceptance plan as submitted.
PENDING SUBDIVISION PLANS: Updates and Discussions
Definitive Old Orchard Heights
On a motion by Ms. Hughes, seconded by Mr. Coveney, it was duly voted:
To accept and file the correspondence from Stephen E. Poole, PE of Consolidated Design Group, Inc. requesting an extension to June 30, 2004 to allow the engineering department time to complete their review, and to allow the extension.
Acre Bridge Estates
On a motion by Ms. Hughes, seconded by Mr. Coveney, it was duly voted:
To accept and file the correspondence from Stephen E. Poole, PE of Consolidated Design Group, Inc. requesting an extension to June 30, 2004 to allow them to respond to recently received comments, and to allow the extension.
Definitive Eager Court
Mr. Temple advised that the meeting between himself and Mr. DiPersio has been postponed until next week.
PRELIMINARY OR OPEN SPACE SUBMISSIONS
Metro Park Corporation
Attorney Arthur Bergeron, speaking on behalf of his client, Metro Park Corporation, explained that this subdivision is really a housekeeping issue for the Residences at Chestnut Ridge.
On a motion by Mr. Coveney, seconded by Mr. Hanson, it was duly voted:
To accept and file the correspondence from Attorney Bergeron and to recommend that this project go directly to a definitive plan.
SIGNS
“Adopt a Space” program
Mr. Hodge advised the Board that he had a brief discussion with Mr. LaFreniere and that they will have a request for a variance to the Board for the next meeting on Monday, June 7, 2004.
Correspondence re: Ferro request for off-premise sign
Both Mr. Ferro and his attorney, Mr. Rowe, made a brief presentation regarding the importance of the sign for his business.
Mr. Hodge indicated that the Board is cognizant of Mr. Ferro’s predicament and has given him a number of variances over the years. In the recent discussion of the requested off-premise sign at the intersection of Weed and South Bolton Street it did not appear that Mr. Ferro was inclined to any type of a compromise and, as the Board considered the sign to be excessively large, they will disinclined to approve.
Mr. Ferro and Mr. Rowe indicated that they could look at different sign and font sizes.
On a motion by Mr. Hanson, seconded by Mr. Coveney, it was duly voted:
To table consideration of this request until the next meeting on Monday, June 7, 2004 when this issue can be discussed along with the “Adopt a Space” program.
Marlborough Nissan request for variance
Jeff Batta of Marlborough Nissan has applied for new signage at his location at 740 Boston Post Road East. Nissan has a new logo and design for their freestanding signs. Mr. Batta is already eligible for two freestanding signs due to the length of his street frontage.
In 1996 the Planning Board issued a variance to this location for the size of the freestanding signs. The secondary sign was capped at a maximum of 30 square feet due to the additional size of the primary sign.
The new application will have the primary freestanding sign significantly reduced in size but the standard size of the secondary signs for the “Pre-Owned Vehicles” is 36 square feet. Mrs. Wilderman advised that the size would still be within the allowable limits if there were not a previous variance on the site and that there is also a significant reduction in the flat wall signage.
On a motion by Mr. Johnson, seconded by Mr. Coveney, it was duly voted:
To accept and approve a variance to allow at second freestanding sign at 36 square feet at this site. Both freestanding signs on this site must have the street number prominently displayed.
INFORMAL DISCUSSIONS
Old Davis Estate Plan
Attorney Aldo Cipriano and his client, Robert Valchuis, along with Chuck Strickland from Guerriere & Halnon, Inc. gave a brief presentation to the Board regarding a proposed subdivision for his property on Farm Road. The site is approximately 15 acres and will have fourteen new house lots. The historical home that sits on the site will be maintained with restrictions and it is the owner’s intention to place covenants on the site to additionally restrict the type of house to be constructed. The developer has met with both Director of Planning Lima and Gary Brown from the Historical Commission. Because of the historical nature of the property, the bordering vegetated wetlands and the intermittent streambed, the developer would be seeking a number of variances from the subdivision rules and regulations.
Tentatively the following issues would require a waiver:
· length of cul-de-sac
· sidewalks on both sides of street
· right of way width
· pavement width
· lighting
· slope and grade at cul-de-sac
The developer understands that the Board cannot give definitive approvals without the process and, in fact, the Board recommended that the proponent start with a preliminary plan first so that they can get a feel for how the neighbors would feel about the plan. Board members, however, did make it clear that a reduction of the sidewalk would be a difficult waiver.
The proponent will return with a formal preliminary subdivision plan submittal.
COMMUNICATION/CORRESPONDENCE
On a motion by Ms. Hughes, seconded by Mr. Coveney, 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. Hanson, it was duly voted:
To adjourn at 9:30 p.m.
A TRUE COPY
ATTEST: __________________________
Colleen M. Hughes, Clerk
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