PLANNING BOARD MINUTES
December 6, 2004
The Planning Board for the City of Marlborough met on Monday, December 6, 2004, in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Chairperson Barbara L. Fenby, Acting Clerk Philip J. Hodge, Edward F. Coveney, and Clyde L. Johnson. Also present: City Engineer James Arsenault.
MINUTES
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To accept and file the minutes of the meeting of November 29, 2004.
CHAIR’S BUSINESS
Update on Limited Development Subdivisions
Mrs. Wilderman advised the Board members that the City Council passed the zoning amendment for the limited development subdivisions.
APPROVAL NOT REQUIRED PLANS
Glenborough Fund
On a motion by Mr. Coveney, seconded by Mr. Johnson, it was duly voted:
To accept and file the correspondence from City Engineer Arsenault regarding his review of the plan and his opinion that the lots meet the requirements for an ANR lot.
A review of the plan shows the following:
· The Hayes Memorial Drive and Nickerson Road are both public ways in the City of Marlborough
· That the plan of land presented to the Planning Board for approval, “Plan of Land in Marlborough, MA (Middlesex County), owned by Glenborough Fund IX LLC (Lots 6A and 6B) and Marlborough Corporate Center Trust (Lots 8A and 8B), dated November 23, 2004, consists of lots 6A, 6B, 8A and 8B.
· That Lot 6A contains 488,956 square feet with 543.14 feet of frontage.
· That Lot 6B contains 14,249 square feet with insufficient frontage and is not to be considered an independent building lot but is to be combined with Lot 8A
· That Lot 8A contains 222,823 square feet and will be combined with Lot 6B to have 1,019.64 feet of frontage.
· That Lot 8B contains 535,528 square feet with 873.98 feet of frontage.
· That the lots meet the requirements of the “approval under subdivision control law is not required.
On a motion by Mr. Coveney, seconded by Mr. Johnson, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Glenborough Fund IX LLC and Marlborough Corporate Center Trust, c/o 27 Prospect Street, Marlborough, MA 01752. Name of Engineer: Precision Land Survey, Inc., 32 Turnpike Road, Southborough, MA 01772. Deed of property recorded in Middlesex South Registry of Deeds, Book 31489, page 46, and Book 25929, page 175, and Land Court Case #4328. Location and description of property; South east corner of Boston Post Road and Hayes Memorial Drive and North of Nickerson Road being shown as Assessor’s Map 88, parcel 32 and 39.
PUBLIC HEARINGS
8:00 p.m. Definitive Subdivision “Old Davis Estates”
The Planning Board of the City of Marlborough held a public hearing on Monday, December 6, 2004 at 8:00 p.m. on a proposed definitive subdivision plan of “Old Davis Estates”. Members present: Chairperson Barbara L. Fenby, Acting Clerk Philip J. Hodge, Edward F. Coveney and Clyde L. Johnson. Also present: City Engineer James Arsenault.
Chairperson Fenby introduced the staff and members of the Board and explained the public hearing process. Acting Clerk Hodge read a coy of the advertisement into the record.
Pubic Notice
Notice is hereby given that the Planning Board of the City of Marlborough will hold a public hearing on Monday, December 6, 2004 at 8:00 P.M., at Memorial Hall, City Hall, 140 Main Street, Marlborough, MA on the following Definitive 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 Cipriano introduced the project on behalf of his client, Robert Valchuis, who was also in attendance. This is essentially the same plan that was introduced at the preliminary stage. The developer and his engineer have had several meetings with the Engineering Department and the City Planner to work out some details. The only issue that was not resolved to everyone’s satisfaction was the request to move the driveway further easterly to not impede the look of the existing historical home. Unfortunately, due to sight distance issues, the entrance roadway must be maintained at its present location.
A preservation restriction is being drafted to be placed on the existing home on lot 1 and will be available for the Board’s review. Additionally there will be a private covenant, also available for the Board’s review, on the rest of the lots to insure that the design of each of the homes are maintained to a standard. Mr. Valchuis will oversee the development and construction of the home on Lot 15 (on the easterly side of the roadway entrance) to insure that it complements the architecture of the existing home.
Attorney Cipriano further listed the waivers that will be requested from the Subdivision Rules and Regulations to further insure the appearance of the project, such as request to allow less of a roadway right of way and width and permission to utilized the same streetlights as were used on the “Streetscape” project downtown.
Brandt Wajda, Project Surveyor for Guerriere & Halnon, Inc. who have prepared the plan, verified that a notice of intent has been filed with the Conservation Commission. He briefly explained how the drainage will be directed.
There was a brief discussion of the proposed roadway name. It was determined that Attorney Cipriano would do some further research.
In Favor
Jack F. Bukowski
135 Woodridge Road
Mr. Bukowski explained that he thinks that this is good plan but he is still extremely concerned with the setbacks on one of the lots to his lot on Woodridge.
In Opposition
Alistair R. J. Bell
127 Woodridge Road
Mr. Bell is also extremely concerned with setback issues.
Mike Johnson
72 Woodridge Road
Mr. Johnson is generally in favor of the proposal but is also concerned with the setbacks to existing lots.
Mrs. Wilderman advised the Board that she had received a number of visitors today to review the plans who had the same concern as Mr. Bukowski.
Mr. Valchuis explained that he has allowed some neighbors to cut trees in the past so allow for gardens, etc. in their yard. He has also had some problems with trash and fill being thrown over the stone wall and parts of the stone wall taken. The two lots that are of concern are specifically being held for his two daughters and will probably not be built upon for several years. He has no intentions of removing either the wall or cutting down trees.
There was a further discussion of the setbacks and it was determined that as the setback is determined from the frontage, not the situating of the house, the larger 40’ rear setback would be in effect.
There being no further discussion, the hearing was closed at 8:20 p.m.
8:15 p.m. Definitive Subdivision “Crowley Drive”
The Planning Board of the City of Marlborough held a public hearing on Monday, December 6, 2004 at 8:15 p.m. on a proposed definitive subdivision plan of “Crowley Drive, Crowley Drive”. Members present: Chairperson Barbara L. Fenby, Acting Clerk Philip J. Hodge, Edward F. Coveney and Clyde L. Johnson. Also present: City Engineer James Arsenault.
Chairperson Fenby introduced the staff and members of the Board and explained the public hearing process. Acting Clerk Hodge read a copy of the advertisement 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, December 6, 2004 at 8:15 p.m. at Memorial Hall, City Hall, 140 Main Street, Marlborough, MA on the following Definitive Subdivision Plan, “Crowley Drive”, which proposal is herewith published in compliance with the requirements of MGL 41, Section 81T and is hereby set forth as follows:
NAME OF SUBDIVIDER: Metropark Corporation
929 Boston Post Road East
Marlborough, MA 01752
NAME OF ENGINEER: Bruce Saluk & Associates
576 Boston Post Road East
Marlborough, MA 01752
LOCATION OF PROPERTY: Map 15, parcels 12,12D and 12C,
Map 16, parcel 1A
Map 29, parcel 1
located on Fitchburg Street and
Pleasant Street.
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 Arthur Bergeron introduced the project on behalf of his client, Metropark Corporation. He gave a brief overview of his letter of November 11, 2004 explaining that no actual construction of the roadway is required as the it is already constructed.
Bruce Saluk of Bruce Saluk and Associates explained the project that is proposed on this site. The project will consist of 210 condominiums for an over 55 retirement community.
In favor
Eric A. Williams
763 Pleasant Street
Mr. Williams had a brief question regarding the location of lot 1A. It was explained that it had to be set up to give sufficient room for the turn around at the end of Crowley Drive. Mr. Williams explained that there have been numerous iterations of plans for the site and that the neighborhood has worked closely with the developer to establish this use. They are still concerned with the issues of screening, lighting and drainage but are aware that those issues will be settled in another venue.
Mr. Hodge asked about the reason for the way lot 1A is outlined. Mr. Saluk explained that they needed the square footage and that this permutation allows for increased buffering to the residents on Pleasant Street.
In Opposition
James A. Mongeau
48 Fitchburg Street
Mr. Mongeau explained that he isn’t necessarily in opposition to the plan but he wanted the Planning Board to be advised that he is currently in litigation with Mr. Delli Priscolli in Superior Court regarding drainage issues and a trial is scheduled shortly.
Since the beginning of the process for this project he claims that a large amount of drainage and sedimentation has been flowing into his property and while they continue to try to correct the situation he cannot be in favor of the plan until such time as a resolution is reached.
Mrs. Wilderman advised the Board that the subdivision plan before the Board is simply a function of the approved Special Permit. As Attorney Bergeron explained, the plan would have been a simple ANR plan if Crowley Drive was a public way or to be certified as a public way. As that is not the case a subdivision plan needed to be put into process.
The proponent has already received his special permit from the City Council and the plan is currently before the Site Plan Review Committee for a formal review of the engineering, conservation, zoning and public safety issues and has, in fact, been temporarily suspended until such time as a resolution is reached and the plans are amended.
Chairperson Fenby thanked Mr. Mongeau for his comments but advised that his concerns would not be under the Board’s purview.
Jon Delli Priscolli
929 Boston Post Road East
Mr. Delli Priscolli wished to respond to Mr. Mongeau’s comments. Chairperson Fenby explained that the Board has no authority in the matter between them and any further discussion is unnecessary at this time.
There being no further discussion, the hearing was closed at 8:45 p.m.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Arsenault gave the Board the update for the various outstanding subdivisions. The report has been changed to make it easier to see the changes. Progress continues to close out several of the outstanding projects.
Forest Trail
Mrs. Wilderman advised the Board that the paperwork has been sent to the appropriate parties to be filed.
Crystal Ridge Estates Bond reduction
Mr. Arsenault advised that the developer was unable to meet with him before this meeting and asked that the matter be continued over until the next meeting.
Elm Farm Valley Estates
Mr. Arsenault advised that the developer was unable to meet with him before this meeting and asked that the matter be continued over until the next meeting.
Orchard Estates III
Mr. Arsenault advised that the developer was unable to meet with him before this meeting and asked that the matter be continued over until the next meeting.
PENDING SUBDIVISION PLANS: Updates and Discussions
Old Orchard Heights
On a motion by Mr. Coveney, seconded by Mr. Hodge, it was duly voted:
To accept and file the correspondence from Mr. Poole and to extend the time for consideration of this plan until the next meeting on Monday, December 20, 2004. Mr. Poole, Assistant Engineer Temple and City Engineer Arsenault will be meeting shortly to finalize the drainage issues.
Eager Court
Mr. Arsenault advised the Board that the revised plans were just dropped off to his office late this afternoon.
Berlin Farms
Mrs. Wilderman advised the Board that the developers representative has still not forwarded a draft of the special permit.
On a motion by Mr. Johnson, seconded by Mr. Coveney, it was duly voted:
To adjourn at 9:00 p.m.
A TRUE COPY
ATTEST: _____________________________
Philip J. Hodge, Acting Clerk
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