PLANNING BOARD MINUTES
April 26, 2004
The Planning Board for the City of Marlborough met on Monday, April 26, 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, and Robert Hanson. Also present: Acting City Engineer Thomas P. Temple.
MINUTES
On a motion by Ms. Hughes, seconded by Mr. Coveney, it was duly voted:
To accept and file the minutes of the meeting on April 5, 2004.
CHAIR’S BUSINESS
Notice of request for zone change
The members agreed to hold a joint public hearing with the City Council on May 24, 2004 if that is agreeable to the Council. The issue does not appear to be one that will generate controversy.
Legal response to proposed zoning amendment
On a motion by Ms. Hughes, seconded by Mr. Coveney, it was duly voted:
To table discussion of this issue until the next meeting after Mr. Hodge has had a chance to speak with City Solicitor Agoritsas and to accept and file the correspondence from Mr. Agoritsas. Mr. Hodge has already had a chance to discuss the matter with Mayor Hunt.
SUBDIVISION PROGRESS REPORTS
Update by City Engineer
Mr. Temple advised that the bond reduction request will be on the agenda for the next meeting.
There is finally some movement on the Fiddlehead subdivision as well. Mr. Temple will be meeting with the developer and his attorney probably next week and expect to have the final construction wrapped up by the end of May.
West Ridge Estates/Cider Mill Estates: discussion re: site condition
There was a substantial discussion with the Project Manager regarding the condition and progress of the site construction.
The ledge removal is required as a by product of the construction of the site and along with the removal, some of the rock crushing operation was necessary to prepare stone for re-use on the site. In some cases ledge had to be removed to a depth of over 60’ so there is substantially more rock on site than is needed.
Mr. Temple is extremely concerned with the size of the stockpiles on site. They pose a very real hazard;
· The piles are adjacent to route 495 and 290
· The size of the stockpiles present an extreme safety hazard as a child attempting to climb the pile would run the risk of slipping and getting buried
· The work completed to date does not meet the requirements the construction management report
· Vehicles leaving the site with material from the stock piles are being overloaded, are leaving the site uncovered and are leaving debris down Berlin Road.
Mr. Seaberg, the Project Manager for this site explained that they are trying to remove the stockpiled material from the site as quickly as possible but that it will probably be the Fall before the material is removed completely. They are beginning to lay out the roadways and would like to start installing the utilities. Most of the blasting has been completed as well as they were trying to complete the blasting operation before the better weather.
Mr. Temple advised Mr.Seaberg that the utilities will not be installed until such time as the material is removed. He does not want to have the amount of heavy vehicle traffic generated by the stockpile removal traveling over the utility layouts.
Mr. Hodge asked if there is any on site necessity for the rock crushing operation and was advised that there is not at this time.
On a motion by Ms. Hughes, seconded by Mr. Coveney, it was duly voted:
To order that a plan and time line for the complete removal of the stockpiled material will be presented to the Board at the meeting on Monday, May 10, 2004. No further work of any kind; blasting, rock crushing, etc. will continue on site with the exception of the continued removal of stockpiled material.
Because of the difficulties that the neighbor’s have experienced with the increased truck traffic, speeding, work starting before 7:00 a.m. the Board expressed concern that the developer’s subcontractor’s are not being properly advised of the regulations. Mr. Seaberg advised that the truckers are being notified to slow down on the roadway but in some cases are disregarding.
On a motion by Ms. Hughes, seconded by Mr. Hanson, it was duly voted:
To order the developer to provide for a police detail at the site to enforce the work times and traffic regulations regarding speed, loads covered, etc. The police presence should be on site initially and until such time as the site is being exited safely. The developer should then provide the detail intermittently to insure compliance.
O’Leary’s Landing request for bond amount
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To accept and file the correspondence from Acting City Engineer Thomas P. Temple regarding a bond amount for O’Leary’s Landing and to recommend that the bond in the amount of $153,000.00 be posted to secure the release of lots.
Cook Lane Reconstruction
The Planning Board is not overseeing this project only as it applies to the pending subdivision plan. Mr. Temple advised the Board that he has had a conversation with Mr. Garafalo regarding this topic. Additional line painting must take place that will require warmer weather. If the work is completed and meets with engineering’s approval the bond will be reduced at the end of September.
Deerfield Village: request for bond reduction
On a motion by Mr. Coveney, seconded by Ms. Hughes, it was duly voted:
To accept and file the correspondence from Acting City Engineer Thomas P. Temple to the developer advising him of the finish work for the completion of the subdivision.
DiCenzo Boulevard bond reduction request
Mr. Temple advised the Board that his inspection of the site shows that there are some problems with the roadway and that the City cannot consider reducing the bond until Mr. Temple is advised of the cost to mill and re-surface portions of roadway. When those numbers are provided then an appropriate reduction in the bond will be considered. Mr. Temple further advised that he explained this to Janice Hannert of Fafard.
Crystal Ridge Estates
On a motion by Mr. Hodge, seconded by Ms. Hughes, it was duly voted:
To accept and file the correspondence from Conservation Officer Priscilla Ryder regarding the site conditions during the most recent storm event.
Forest Trail
A lengthy discussion was held regarding the current state of the progress on the re-forestation of the open space which was decimated by the developer last year. On numerous occasions since the clear cutting of the open space was done, Mr. Mutti has been advised that his ability to continue progress on the site was predicated upon his moving the existing stockpile off of the open space parcel and completing and enacting a plan that meets the requirements of both the Planning Board and the Conservation Officer to reforest that parcel.
An initial plan was found lacking for both the size of the trees and the type of material. During August of 2003, Mr. Mutti came before the Board to ask that they release two of the homes for occupancy as they had been in negotiation for some time and that he would continue to work with the Board on the open space parcel.
As the Board, at that time, had no wish to penalize the buyers for Mr. Mutti’s failures, they issued correspondence to the Building Commissioner regarding approval for occupancy based upon Mr. Mutti completing all other responsibilities for completion for occupancy.
No furher action or correspondence was taken by the developer until the last few weeks when he was looking to sell two more homes. At that time he was advised by the building department that no further occupancies would be issued until such time as he had satisfied all of the requirements of the Planning Board.
A new plan for the open space parcel was submitted at the meeting on April 5, 2004 and Mr. Mutti wished to release two more homes for closing. He was given a choice of options:
· Mr. Mutti could wait until the Planning Board’s meeting on April 26, 2004 before any decision or release could be given as Ms. Ryder was on vacation and would be unavailable to review the plan that had only been dropped off the Friday before the meeting, or
· The Planning Board would issue a letter to the Building Commissioner authorizing the issuance of a conditional occupancy based upon Mr. Mutti’s completion of all requirements of the inspectional services department and the approval of the Conservation Officer of the plan for the open space and the City Engineer’s approval of the new location of the stockpile as not interfering with or posing a public safety hazard to vehicles entering and exiting the site.
Neither of the options were acceptable to Mr. Mutti. In the absence of his decision the Board elected to advise the Building Commissioner of the second option.
Mr. Ryder reviewed the plan upon her return from vacation and noted that there were still deficiencies on the plan that have existed since it was originally submitted a year ago. A new plan was not submitted to her until Monday, April 26, 2004 which gave her insufficient time to review for this Board meeting. Additionally, Mr. Mutti is now also stating that he doesn’t believe that he will be able to plant the trees on the parcel by the planting deadline of May 30 but that he may be able to if the Board would guarantee that the City Engineer could review and approve his amended drainage plans within seven days.
Mrs. Wilderman also advised the Board of the recent problem with the issuance of one of the conditional occupancies. Mr. Mutti submitted incomplete paperwork for the conditional occupancy in violation of the Board’s agreement. However, because the purchaser was in danger of losing his rate (according to the realtor and the buyer) the Mayor’s office interceded and asked that the Certificate of Occupancy be issued this once.
Mr. Temple further advised the Board that while the Board had approved a meandering sidewalk to save monumental trees, none of the trees had survived due to Mr. Mutti’s work installing the roadway. Additionally he may have problems with some of the driveway entrance grades. He suggested that the Board should see a revised plan that shows the traditional sidewalk installation before any further time goes by.
On a motion by Ms. Hughes, seconded by Mr. Hanson, it was duly voted:
To advise the Building Commissioner and the developer that no further occupancies shall be issued on this project until such time as the open space has been restored in accordance with an approved plan by both this Board and the Conservation Officer and until a revised plan for the subdivision has been submitted and approved for the sidewalks, construction phasing and the installation of a fence along the open space along the cliff wall.
PENDING SUBDIVISION PLANS: Updates and Discussions
Definitive Old Orchard Heights
Mr. Temple advised that there are still issues being addressed by the developer’s engineer.
On a motion by Ms. Hughes, seconded by Mr. Coveney, it was duly voted:
To recommend a denial of the plan subject to a request for a thirty day extension from the April 30, 2004 deadline. Should no such request for extension be forthcoming the project will be denied as not meeting the requirements of the subdivision rules and regulations.
Definitive Acre Bridge Estates
Mrs. Wilderman advised that the developer had sent an e-mail to the office after his conversation with Mr. Temple asking for another 30 days extension. It had not yet reached her.
On a motion by Mr. Hodge, seconded by Mr. Coveney, it was duly voted:
To accept the correspondence, if received, and to extend consideration of this subdivision for an additional thirty days. If correspondence is not forthcoming by the April 30th deadline, the plan shall be denied as not meeting the requirements of the subdivision rules and regulations.
Eager Court
Mr. Temple advised the Board that he has had a lengthy discussion with Mr. DiPersio regarding this plan in which he reminded him of agreements and discussions he had had with then City Engineer Patrick Clancy. There is a meeting scheduled within a few days for further discussion between Mr. Temple and Mr. DiPersio.
DEFINITIVE SUBDIVISION SUBMISSION
Valchuis Property Farm Road
A public hearing date of May 24, 2004 has been set for this proposal.
COMMUINCATION/CORRESPONDENCE
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To accept and file all items listed under communication and/or correspondence.
On a motion by Mr. Hanson, seconded by Mr. Coveney, it was duly voted:
To adjourn at 9:15 p.m.
A TRUE COPY
ATTEST: ______________________________
Colleen M. Hughes, ClerkuHughHHHH
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