PLANNING BOARD MINUTES
June 21, 2004
The Planning Board for the City of Marlborough met on Monday, June 21, 2004, in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Chairperson Barbara L. Fenby, Acting Clerk Philip J. Hodge, Robert Hanson and Clyde L. Johnson. Also present: Acting City Engineer Thomas P. Temple.
MINUTES
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To accept and file the minutes of the meeting, June 7, 2004, as amended.
CHAIR’S BUSINESS
Proposed Zone Change “Limited Development Subdivision”
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To refer the proposed change to the City Council to be scheduled for a public hearing.
APPROVAL NOT REQUIRED PLANS
T & W Realty Trust, 301 Maple Street
Dave Zanca of Zanca Land Surveyors, Inc., representing his clients, T & W Realty Trust, explained that what was originally going to be a land swap between his client and the former MDC (now state Department of Conservation & Recreation) has turned into a simple purchase of land from the state. The state, apparently, has determined that they have no desire for the land but where willing to sell a parcel to the Wrights.
A review of the final prepared plan showed the following:
· That Maple Street is a public way in Marlborough
· That the plan presented to the Planning Board for approval, “Plan of Land in Marlborough, MA “ owned by Commonwealth of Massachusetts, dated April 16, 2004, consists of parcel “A”
· That parcel “A” contains 3, 488 square feet and is not to be considered a building lot and is for descriptive purposed only to be deeded to Terrill W. Wright.
On a motion by Mr. Hanson, seconded by Mr. Johnson, it was duly voted:
To accept and endorse the plan of land believed to be Approval Not Required, after Conservation Officer Priscilla Ryder reviews the plan, of T & W Realty Trust, 301 Maple Street, Marlborough, MA 01752. Name of Engineer: Zanca Land Surveyors, Inc., 16 Gleasondale Road, Stow, MA 01775. Deed of property recorded in Middlesex South Registry of Deeds, books 2469 and 2159, pages 446 and 544. Location and description of property: 3,488 square feet on the westerly side of Maple Street.
Shawmut Avenue
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To accept and refer a plan of land believed to be Approval Not Required to the City Engineer for his review and recommendation at the next meeting on July 26, 2004 and to accept and file the correspondence from Attorney Douglas J. Rowe, on behalf of his client, to extend consideration of the review until the July 26, 2004 meeting.
SUBDIVISION PROGRESS REPORTS
Update by City Engineer
Mr. Temple advised that he has letters prepared for developers who have not returned updated completion schedules advising them that we will begin the process of taking outstanding bonds. They are expected to go out sometime this week.
Westridge Estates/Cider Mill Estates
Donald Seaberg was not available for the meeting so Andre Hollosi of Benchmark Engineering and Joseph Trolla of FRE Building Company, Inc. made a brief presentation to the Board. They submitted the original letter of permission from the Mass. Highway Department to stockpile of state land as requested at the last Planning Board meeting.
Mr. Trolla advised the Board that they have abandoned their request to have the stockpiled material moved to the state’s land. They have removed approximately 1000 yards of material daily from the site and believe that the material that is left will be utilized on site and will be placed in compliance with the approved subdivision construction-sequencing plan.
Mr. Trolla also advised that there would be some additional trench blasting required. He anticipates that the balance of material needed to be offsite would be removed within the next thirty days. At that point, they will proceed with construction in accordance with the approved sequencing plan, starting with the construction of the detention basin and then moving to the roadway layout.
On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:
To authorize FRE Building Company, Inc. to proceed with construction of the subdivision once the corrective work has been approved by the Engineering Department and only as long as the material storage proceeds safely and in accordance with the approved plan. Failure to abide by this agreement will result in further stop work orders.
Forest Grove
On a motion by Mr. Johnson, seconded by Mr. Hodge, it was duly voted:
To accept and file the correspondence from Civil Engineer Timothy F. Collins and from Mr. and Mrs. Kwan of 28 Muir Way and to direct Mr. Trolla to meet with Mr. Collins and prepare a plan for the next meeting on Monday, July 26, 2004.
Forest Trail
After a brief discussion regarding the cost for the trees, Mr. Temple agreed to present a final number for a bond at the next meeting on July 26, 2004.
Fay Farm Estates
On a motion by Mr. Hanson, seconded by Mr. Johnson, it was duly voted:
To accept and file the recommendation from Acting City Engineer Thomas P. Temple and to recommend that the bond securing the subdivision remain at $253,000.00 until the following items have been completed and/or addressed:
· Provide the Engineering Department with as-builts and acceptance plans
· Cut out, excavate (full width of sidewalk) and compact the sinkhole that has developed in the sidewalk area in front of #20 O’Malley Road.
Shaughnessy Estates
Mr. Temple advised the Board that the City would not be able to release the existing drainage easement at 50 Kelber Drive until such time as the subdivision roadway and appurtenant easements are accepted by the City. Once the extended development is accepted, the developer from the first subdivision can release the easement.
O’Leary’s Landing
On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:
To accept and approve, pending the City Solicitor’s approval, the bond and certificate of performance for O’Leary’s Landing.
On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:
To accept and file the correspondence from Acting City Engineer Thomas P. Temple and to recommend that the bond securing the subdivision may be reduced from $153,000.00 to $126,000.00.
Water’s Edge
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To accept and file the correspondence from Acting City Engineer Thomas P. Temple and to recommend that the bond securing this subdivision remain at its present figure of $310,000.00 until such time as all punch list items are completed in accordance with the approved plans.
PENDING SUBDIVISION PLANS: Updates and Discussions
Definitive Old Orchard Estates
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To accept and file the correspondence from Stephen E. Poole, PE, on behalf of his clients, and to approve an extension of the deadline for approval of this subdivision until July 31, 2004.
Definitive Acre Bridge Estates
Stephen E. Poole, PE, reviewed the final set of plans for this subdivision with the Planning Board. Mr. Temple advised that there are some minor corrections to be made to one sheet of the plans but in the interest of time; it is minor enough to be corrected during the appeal period.
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To grant a waiver from the Subdivision Rules and Regulations, Section A.2 (k) – Comparative Impact Analysis – as the subdivision will result in less than ten (10) lots.
On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:
To approve the Definitive Plans of a subdivision known as “Acre Bridge Estates”, definitive plan located in Marlborough, Massachusetts. Note that there is one (1) approved waiver. The Planning Board will endorse the definitive plans after the twenty (20) day appeal period, provided no appeal has been recorded and a covenant has been submitted and approved by the Planning Board. Name of Owner: SMC Realty Trust, P.O. Box 551, Marlborough, MA 01752. Engineer: Consolidated Design Group, Inc., 21 Main Street, Suite 9, Hudson, MA 01749.
Definitive Eager Court
Mr. Temple and Mr. DiPersio were able to meeting and Mr. Temple advises the Board that 37 of the 38 issues are being addressed. Mr. DiPersio will provide a new plan for review with the approved changes.
SIGNS
Adopt a Space Program
Mr. Baldelli of the DPW was available to discuss further the mock up for the “Adopt a Space” signs. The size proposed is now 18” X 24”. Ms. Hughes, who could not be at tonight’s meeting, sent an email making some further suggestions regarding lettering, etc. Mr. Johnson would like to see either “City of Marlborough” or the city seal on the sign.
Mr. Baldelli agreed to make the suggested changes and have an actual sign made up, as he had been unable to do so before the meeting. Because the Planning Board will be going to a summer schedule and the next meeting is not until July 26, 2004, the Board took action so as to not delay the project any further.
On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:
To approve the proposed size and design of the “Adopt a Space” signs as discussed, subject to Mr. Baldelli bringing a mock up to Mrs. Wilderman’s office so that the members can review before the DPW replaces the existing signs.
Ferro Request for Off-premise Sign
Mr. Ferro’s attorney, Douglas Rowe advised the Board that his client had met with Director of Planning Lima to discuss the sign. Unfortunately Mr. Lima has not forwarded any information to the Board nor was he available for this evenings meeting.
Mrs. Wilderman will contact Mr. Lima before the next meeting.
329 Maple Street (All Star Auto Sales, Inc.)
Mr. Donnarumma, President of All-Star Auto Sales, explained to the Board that much of his business is generated through his web site and that his customers are having difficulty locating the premises when they come to pick up their vehicles. The sign is currently at its maximum size.
Mrs. Fenby asked if the other sign could be reduced. Mr. Donnarumma advised that the previous owner had made a deal with the tenant that he is allowed to maintain his sign at that size so the current owner has no right to ask for them to reduce their sign so he can increase his.
The Planning Board is concerned with the proliferation of signs on Maple Street as an entrance to the City.
On a motion by Mr. Hanson, seconded by Mr. Johnson, it was duly voted:
To table consideration of this request until the members have had a chance to view the site for the next meeting on Monday, July 26, 2004.
431 Lincoln Street (Shell)
The Office of Inspectional Services received a request from Ijaz Muhammad, Manager of the Shell station at 431 Lincoln Street, to erect a considerable amount of temporary signage as part of their “V-Power” brand promotion. The Office of Inspectional Services advised Mr. Muhammad that they did not have the authority to approve the signage and that only the Planning Board could grant a temporary variance to allow temporary signs.
After a review of the packages being submitted by Shell, it was determined that only one temporary banner would be allowed on the freestanding sign.
On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:
To allow a 24 square foot banner to be erected on the existing freestanding sign for a thirty-day period.
COMMUNICATION AND/OR CORRESPONDENCE
On a motion by Mr. Johnson, seconded by Mr. Hanson, 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 9:00 p.m.
A TRUE COPY
ATTEST: __________________________
Philip J. Hodge, Acting Clerk
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