PLANNING BOARD MINUTES
July 26, 2004
The Planning Board for the City of Marlborough met on Monday, July 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, Robert Hanson and Clyde L. Johnson. Also present: Acting City Engineer Thomas P. Temple.
MINUTES
On a motion by Mr. Hanson, seconded by Mr. Johnson, it was duly voted:
To accept and file the minutes of the meeting of June 21, 2004.
CHAIR’S BUSINESS
Presentation by Community Development Director Lima
Mr. Lima spoke briefly to the Board regarding the change to his job status with regards to the Planning Office. He suggested that in an effort to continue to keep the Planning Board apprised of the on-going project that may concern them, he will include the Board in his distribution list for his monthly report for the Community Development Office.
A major project under way at this time is the renovation of the Frye Boot Site on Pleasant Street. The City has obtained approval for the funding to clean up the site as a Brownsfield project and is taking the necessary steps to take the property to accomplish that goal.
Executive Order 418 Housing and Economic Development study has been completed and will allow the City to continue to be eligible for state discretionary funding.
There was a brief discussion of Mr. Lima’s involvement as a member of the MHP Chapter 40B advisory committee. He is hoping that their work may assist the appeals process.
Chairperson Fenby advised Mr. Lima that they feel that his input into the Planning Board process is vital and looks forward this his continued involvement.
APPROVAL NOT REQUIRED PLANS
121 Shawmut Avenue
There was a brief discussion of this plan. The plan subdivides an existing lot into two lots with sufficient frontage but the second lot will require a variance from the Zoning Board of Appeals for lot shape.
The Board members were concerned with the method the surveyor has used to obtain enough frontage for the new lot without putting the old lot into non-compliance. Twenty-four feet (24’) of the new lot frontage is almost horizontal to the frontage but is being used as part of the sideline setback for the existing house. As that section is directly in front of the house it will always present a confusing issue for future homeowners.
On a motion by Ms. Hughes, seconded by Mr. Hanson, it was duly voted:
To refer the matter to the City Solicitor for his review and recommendation at the next meeting on Monday, August 30, 2004.
150 Winter Street
Robert Parente of Central Mass. Engineering presented the plan on behalf of his client George Pacific of 158 Winter Street. The plan shows that 2,001 + square feet of land are being transferred to Mr. Pacific from the abutter, Evangeline D. Parizeau.
A review of the prepared plan shows the following:
· That Winter Street is a public way in Marlborough
· That the plan presented to the Planning Board for approval, “Plan of Land in Marlborough, Massachusetts”, owned by Evangeline D. Parizeau (lot 2A) and George Pacific (Lot 1A), dated June 23, 2004, consists of Lot 1A, Lot 2A, and Parcel “A”.
· That Lot 1A contains 13,566 + square feet.
· That Lot 2A contains 13, 941 + square feet
· That Parcel “A” contains 2001 + square feet and is not to be considered a building lot and is for descriptive purposes only to be deeded to Mr. Pacific to bring Lot 2A then to a total of 15, 557 + square feet.
· That both lots 1A and 2A have sufficient frontage.
On a motion by Mr. Hanson, seconded by Ms. Hughes, it was duly voted:
To accept and endorse a plan of land believed to be approval not required of George Pacific, 158 Winter Street, Marlborough, MA 01752. Name of Engineer: Central Mass. Engineering & Survey, Inc., 277 Main Street, Marlborough, MA 01752. Deed of property recorded in the Middlesex Registry of Deeds book 13102, page 404. Location and description of property: 29, 400 + square feet of land located on the westerly side of Winter Street.
236 Bigelow Street
Robert Parente of Central Mass. Engineering presented the plan on behalf of his clients, Lucien and Rosemary McDonald. The plan shows that the lot is being subdivided into two lots, both with sufficient frontage in an A-1 zone (150’).
A review of the prepared plan shows the following:
· That Bigelow Street is a public way in Marlborough
· That the plan presented to the Planning Board for approval, “Plan of Land in Marlborough, Massachusetts, owned by Lucien & Rosemary McDonald”, dated June 25, 2004, consists of Lot 2A and Lot 2B.
· That Lot 2A contains 50,217 + square feet and the existing home at 236 Bigelow Street.
· That Lot 2B contains 46, 467 + square feet and an existing garage that is to be relocated to the Lot 2A, and is not to be considered an independent building lot without first obtaining a variance from the Zoning Board of Appeals from the “lot shape” requirements.
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To accept and endorse a plan of land believed to be approval not required of Lucien and Rosemary McDonald, 236 Bigelow 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 10594, page 132. Location and description of property: 96,000 + square feet of land on the west side of Bigelow Street to be divided into two lots.
225 South Street
At its meeting on Monday, December 17, 2001, the Planning Board approved and endorsed a plan of land believed to be approval not required of Rose Collins, 225 South Street, Marlborough, MA. The clients representative, Robert Parente of Central Mass. Engineering & Survey advised the board that his clients were unaware that they had to file the plan within six (6) months of that approval or the plan would not be accepted at the Registry of Deeds or Land Court. The Mylar to be signed is confirmed as a duplicate of the first with a revision date of July 26, 2004.
On a motion by Ms. Hughes, seconded by Mr. Johnson, it was duly voted:
To authorize the re-signature of the plan.
PUBLIC HEARINGS
8:00 p.m. Preliminary Subdivision Plan “Old Davis Estate”
A public hearing was held on Monday, July 26, 2004, in Memorial Hall, 3rd Floor, City Hall, 140 Main Street, Marlborough, MA 01752. Members present: Chairperson Barbara L. Fenby, Clerk Colleen M. Hughes, Philip J. Hodge, Robert Hanson and Clyde L. Johnson. Also present: Acting City Engineer Thomas P. Temple.
Chairperson Fenby introduced the members of the Board and staff and reviewed the regulations for a public hearing. Ms. Hughes read a copy of the hearing notice into the record.
Notice
Notice is hereby given that the Planning Board of the City of Marlborough will hold a public hearing on Monday, July 26, 2004 at 8:00 P.M., at Memorial Hall, City Hall, 140 Main Street, Marlborough, MA on the following Preliminary Subdivision Plan “Old Davis Estates” subdivision which proposal is herewith published in compliance with the requirements of the M.G.L. 41, §81T and is hereby set forth as follows:
NAME OF SUBDIVIDER: Robert Valchuis
180-192 Farm Road
Marlborough, MA 01752
NAME OF ENGINEER: Guerriere & Halnon, Inc.
333 West Street
P. O. Box 235
Milford, MA 01757
LOCATION OF PROPERTY: 15 + acres of land located on the western
side of Farm Road, to the west of the Sudbury
Reservoir. An existing house with garage and
barn is located on the site.
A plan of the proposed subdivision is on file in the City Clerk's Office, the Planning Board Office, and the City Engineer's Office and may be seen prior to the public hearing.
Attorney Aldo A. Cipriano, representing his client Robert Valchuis, gave the Board a brief overview of the project. Also in attendance was Brandt Wajda of Guerriere & Halnon, Inc. who will be providing the engineering services and is available to respond to any technical questions. It will be a conventional subdivision of fourteen (14) building lots plus the existing house lot for a total of fifteen (15) lots. The existing house, Harrington House, will remain and a historic preservation restriction will be placed on the structure to maintain its importance.
The house at lot 15, which will be on the opposite side of the entrance to the subdivision from Harrington House, will be architecturally designed to complement the existing home and set the tone for the subdivision. Each of the remaining building lots will have restrictive covenants placed on them to control both the design and the size of the homes to be constructed as well as to maintain the look of the subdivision.
Some waivers from the subdivision rules and regulations are being requested for this plan:
· To reduce the roadway right of way to 40’ from the required 50’
· To reduce the pavement width to 28’ for a “lane” status
· To extend the length of the cul-de-sac from 500’ to 1200’ without the construction of a divided pavement roadway
· To install the same streetlights as were recently used on the downtown streetscape project to maintain a historical look to the subdivision.
In Favor
William K. MacCormac
168 Farm Road
Mr. MacCormac feels that this is a good plan and is in favor of the proposal.
David J. Winske
271 Farm Road
Mr. Winske is also in favor of the proposal.
Lauren Valchuis
180 Farm Road
Ms. Valchuis thinks that this will be a good plan.
Dale A. Allen
76 O’Malley Road
Mr. Allen is also in favor of the proposal.
In Opposition
Alfred J. Lima
Director of Planning
City of Marlborough
Mr. Lima is not really in opposition to the plan but has submitted correspondence suggesting that the developer consider changing the location of the roadway entrance to improve the historical look of the development.
Debra M. Phillips
154 Woodridge Road
Ms. Phillips is not in opposition of the proposed development either but would just like to check the location of the existing pond on the new subdivision.
Terri DiMarco
44 O’Leary Road
Ms. DiMarco asked if Mr. Valchuis would be building all of the homes or selling to another developer. Mr. Valchuis advised that he will be building the architectural home across from the Harrington House (Lot 15) but that the other lots will be available to anyone to purchase and develop as long as they abide by all of the covenants.
Debra M. Phillips
154 Woodridge Road
Ms. Phillips asked if the house lots will meet all of the zoning district requirements and was assured that no ZBA variances will be required.
A copy of correspondence from Conservation Officer Priscilla Ryder was read into the record along with a copy of Mr. Lima’s letter.
Chairperson Fenby asked if there is an existing walking trail on that land. Mr. Valchuis advised that there is a cleared path that he will make sure is in a condition for a walkthrough for any Board members who may wish to visit the property.
Assistant City Engineer Thomas P. Temple asked that the developers project manager from Guerriere & Halnon meeting with his office to discuss the roadway issue before the submittal of the definitive plan.
Chairperson Fenby advised those in attendance that the plan will now be worked with engineering and resubmitted as a Definitive Subdivision Plan and at that time the pubic will have another opportunity to review the plan and make comments.
There being no further discussion, the public hearing was closed at 8:20 p.m.
SUBDIVISION PROGRESS REPORTS
Update by City Engineer
Mr. Temple was unable to provide an update to the Board as he was on jury duty. He did advise that he has a list of returned certificates from the post office indicating that a number of developers simply failed to pick up the recent correspondence regarding an amended completion schedules.
He will advise Mrs. Wilderman of which developers have refused to respond and the Board requested that she email that list to the Board members as well. Further correspondence will be prepared prior to the next meeting on August 30, 2004.
Forest Grove
The Board received correspondence from Timothy F. Collins from the Engineering Department regarding the recent meeting on site for the required roadside trees. Along with his update, Mr. Collins also suggested that the Board may wish to give some consideration to changing how the street trees are determined and located on any new subdivision. He suggests that rather than placing them during the subdivision process the determination of location be left to the actual site plan approval process for each of the lots. At that time the location of the driveways, utilities, etc will be better determined and we can eliminate the issues that we have had at both this site and the Fay Farm site.
On a motion by Mr. Johnson, seconded by Mr. Hodge, it was duly voted:
To accept and file the correspondence from Mr. Collins and to put the issue of the change of street tree approval on the agenda for the next meeting on Monday, August 30, 2004, for further discussion.
Forest Trail
Mr. Temple has not yet been able to provide a bond amount for the trees.
On a motion by Mr. Johnson, seconded by Mr. Hodge, it was duly voted:
To table the consideration of a bond amount until the next meeting on Monday, August 30, 2004, and to accept and file the correspondence from the developer’s attorney, Frederick A. Busconi.
Water’s Edge
Christopher Panell of 178 Worster Drive has sent correspondence to the Planning Board regarding the slope at the rear of the property. Mr. Temple advised the Board that he has met with Mr. Panell and Mr. Ansari regarding this matter. Unfortunately, the slope does meet the requirement for a 2:1 slope and is considered to be in compliance. Mr. Ansari does have some additional work that needs to be completed and he scheduled to complete that work as soon as possible.
On a motion by Mr. Hanson, seconded by Ms. Hughes, it was duly voted to accept and file the correspondence from Mr. Panell and to send him a response explaining that the City Engineer is overseeing this problem and that no bond reductions will be given to this developer until such time as the work is completed.
Slocumb Lane
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To accept and file the correspondence from Conservation Officer Priscilla Ryder.
PENDING SUBDIVISION PLANS:
Definitive Old Orchard Heights
On a motion by Mr. Johnson, seconded by Ms. Hughes, it was duly voted:
To accept and file the correspondence from Stephen E. Poole, P.E. of Consolidated Design Group, Inc. on behalf of his clients, Lucille E. Cooney and Robert and Sandra Delesky, and to approve the extension of consideration of this proposed subdivision to September 3, 2004.
Definitive Acre Bridge
The plan has been signed by the City Clerk that there have been no appeals filed during the appeal period and is, therefore, ready for the Board’s signature. The covenant has been prepared and approved by the City Solicitor, however, Mr. Temple advised that Mr. LaFreniere had some questions and had not yet returned the document.
On a motion by Ms. Hughes, seconded by Mr. Hanson, it was duly voted:
To table the covenant signature until the next meeting on Monday, August 30, 2004
Definitive Eager Court
Mr. Temple is still waiting for the revised plan from the developer’s engineer.
PRELIMINARY/OPEN SPACE DEVELOPMENTS
Berlin Farms Open Space Development
The public hearing for this Open Space special permit request will be Monday, September 20, 2004 at 8:00 p.m. Mr. Hanson has abstained from this subdivision and left the room during the discussion.
SIGNS
Ferro request for off-premise sign
On a motion by Mr. Johnson, seconded by Mr. Hanson, it was duly voted:
To table consideration of this matter at the request of Mr. Ferro’s attorney, Douglas Rowe, until such time as other matters with the city have been resolved.
329 Maple Street (All Star Auto Sales)
After a brief discussion, the members of the Board felt that the proponent had presented no significant argument for a variance form the sign regulations
On a motion by Mr. Johnson, seconded by Ms. Hughes, it was duly voted:
To deny the request for a variance from the Sign regulations as the Board believes that an increase in square footage as requested will serve no purpose and will detract further from the appearance of the area.
COMMUNICATIONS/CORRESPONDENCE
On a motion by Ms. Hughes, seconded by Ms. 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. Hanson, it was duly voted:
To adjourn at 9:30 p.m.
A TRUE COPY
ATTEST: _______________________
Colleen M. Hughes, Clerk
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