PLANNING BOARD MINUTES
September 20, 2004
The Planning Board for the City of Marlborough met on Monday, September 20, 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 Mr. Hanson, seconded by Mr. Coveney, it was duly voted:
To accept and file the minutes of the meeting on Monday, August 30, 2004.
CHAIR’S BUSINESS
Affordable Housing public hearing
On a motion by Mr. Hanson, seconded by Mr. Hodge, it was duly voted:
To recommend acceptance of City Council Order #100555 which eliminates the requirement for affordable housing to those retirement communities who received their special permit prior to passage of the Council Order requiring that all proposed retirement communities abide by the “affordable housing” regulations.
Restricted Hours of Business public hearing
On a motion by Mr. Hodge, seconded by Mr. Coveney, it was duly voted:
To recommend that the City Council deny approval of City Council Order #100542 as the Board believes that:
· there are sufficient ( and more restrictive) regulations in place already and
· passage of this order could result in businesses who are currently operating within the law and in an appropriate manner being precluded from their ability to continue operation.
Limited Development Subdivision public hearing
On a motion by Mr. Hodge, seconded by Mr. Coveney, it was duly voted:
To recommend that the City Council approve the amendment to the zoning ordinance for Limited Development Subdivision as it will allow minimal development to properties in which more substantial development is possible via increased subdivisions.
Jericho Hill trees
Tree Warden Chris White and Chairperson Fenby met at the site of the Jericho Hill park. Work that was contracted by the City and completed by Emanuel Brothers has impacted the old growth trees in the right of way that have died and now need to be removed for safety reasons. The contract apparently, clearly stated that the trees in question were to be saved and if there were conflicting issues the contractor was responsible for notifying the City of Marlborough.
The board members and the tree warden believe that the contractor should be responsible for the cost of the tree removal and tree replacement as well. They are in agreement that the contractor should also be responsible for replacing the trees.
Mr. Temple advised the Board that the situation may turn into a finger pointing contest with the issue never actually being resolved. There may be some culpability on the City’s part as well and Mr. Temple would recommend that the issue be dropped.
On a motion by Mr. Coveney, seconded by Mr. Hodge, it was duly voted:
To refer the matter to the City Solicitor of his review and recommendation at the next meeting on Monday, October 4, 2004.
PUBLIC HEARINGS
8:00 p.m. Open Space Development “Berlin Farms”
On a motion by Mr. Hodge, seconded by Ms. Hughes, it was duly voted:
To accept and file the correspondence from Robert J. Parente asking that the public hearing be postponed until the next meeting on Monday, October 4, 2004 and to approve the postponement.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Temple advised that there has been some movement on some of the project. The new City Engineer has been hired. He is James Arsenault who was formerly the Town Engineer for the Town of Westford. He will be at the next Planning Board meeting on Monday, October 4, 2004.
Waters Edge bond reduction
Mr. Temple advised the Board that he has not issued a response as there are still outstanding issues. He advised that he spoke with Mr. Ansari’s site person today and he will contact Mr. Ansari himself on Monday, September 27, 2004 with the outstanding issues.
Crystal Ridge Estates
On a motion by Mr. Coveney, seconded by Mr. Hodge, it was duly voted:
To accept and file the correspondence from Acting City Engineer Thomas P. Temple regarding the status of this subdivision and to recommend the reduction of the bond securing the subdivision from $179,000.00 to $101,000.00.
Elm Farm Valley Estates
On a motion by Mr. Hodge, seconded by Mr. Coveney, it was duly voted:
To accept and file the correspondence from Acting City Engineer Thomas P. Temple regarding the status of this subdivision and to recommend the reduction of the bond securing the subdivision from $140,000.00 to $113,000.00.
Forest Trail
On a motion by Mr. Coveney, seconded by Mr. Hodge, it was duly voted:
To accept and file the correspondence from Acting City Engineer Thomas P. Temple regarding the status of the bond.
Indian Hill Park
On a motion by Mr. Coveney, seconded by Mr. Hodge, it was duly voted:
To accept and file the correspondence from Benchmark Engineering requesting a two year extension of the subdivision and to refer to the City Engineer for his review and recommendation at the next meeting on Monday, October 4, 2004.
Fay Farm Estates
On a motion by Mr. Coveney, seconded by Mr. Hodge, it was duly voted:
To accept and file the correspondence from A. J. Lane Development Corporation regarding a bond reduction and street acceptance and to refer the matter to the City Engineer for his review and recommendation at the next meeting on Monday, October 4, 2004.
Acre Bridge Estates
On a motion by Mr. Coveney, seconded by Mr. Hanson, it was duly voted:
To accept and file the correspondence from Conservation Officer Ryder and Tree Warden White.
Mr. Temple advised that he has a meeting scheduled with Mr. Garofalo on Tuesday, September 28, 2004 regarding the detention basin issue.
Westridge Estates
On a motion by Mr. Coveney, seconded by Mr. Hodge, it was duly voted:
To accept and file the correspondence from Councilor Pope and to review this issue at the next meeting.
PENDING SUBDIVISION PLANS
Old Orchard Heights
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To extend consideration of this subdivision until October 30, 2004.
Eager Court
Mr. Temple advised that Mr. DiPersio expects to have the revised plans for this subdivision within the next month.
SIGNS
City Club
There has been no further communication regarding this issue.
Target
The Board was given a brief presentation by Hazel Wood Hopkins on behalf of her clients, Target and the Philadelphia Sign Company. There is currently an existing, conforming freestanding sign in place. The company would like to expand that sign to 134 square feet with an overall height of 33 feet which would be 84 square feet in excess of allowed and 13 feet over the allowed in height.
There is no real compelling hardship except for the practical hardship of fighting with the landscaping for more of a presence. Additionally there are no signs at the first entrance so traffic turns into the lot at the lights.
The Board expressed concern with the size of the sign requested. Mrs. Wilderman reminded the Board that the placement of landscaping, signage and traffic signals would have been a result of the site plan process.
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To refer the matter to the Site Plan Review Committee for their October 5, 2004 meeting and their review and recommendation to the Planning Board for their following meeting on Monday, October 18, 2004.
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. Hanson, seconded by Mr. Coveney, it was duly voted to adjourn at 9:45 p.m.
A TRUE COPY
ATTEST: _______________________________
Colleen M. Hughes, Clerk
| 