PLANNING BOARD MINUTES
January 10, 2005
The Planning Board for the City of Marlborough met on Monday, January 10, 2005, 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: City Engineer James Arsenault.
ELECTION OF OFFICERS
The gavel was turned over to Clyde L. Johnson to serve as Chairman Pro Tem for the election process.
Mr. Johnson opened the floor to nominations for Chairperson and Clerk. Mr. Hodge nominated Ms. Fenby as Chair and Ms. Hughes as Clerk. There were no further nominations.
On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:
To appoint Barbara L. Fenby as Chairperson and Colleen M. Hughes as Clerk for a term to expire on December 31, 2005.
The gavel was returned to Chairperson Fenby.
MINUTES
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To accept and file the minutes of the meeting for December 6, 2004.
CHAIR’S BUSINESS
Overview of Community Development Corporation
All of the members of the Planning Board received invitations to the annual meeting of the Marlborough Community Development Corporation which is to held on Thursday, January 20, 2005 at 6:30 p.m. at the Coral Seafood Restaurant.
Mr. Hodge explained that he has been a member of this group for some time. It is a private group concerned with identifying and providing resources to improve the City’s neighborhoods. As he explained as a result of an inquiry from Mr. Johnson, this group differs from the City’s Community Development Authority as it is a private company and eligible for some types of funding that may be unavailable to municipalities authorities.
Mr. Hodge invited everyone who lives in Marlborough and may be interested in working with this group or hearing about the groups goals to attend the annual meeting.
Meeting dates and Council Committee Assignments
On a motion by Ms. Hughes, seconded by Mr. Johnson, it was duly voted:
To set the meeting schedule for the Planning Board on the same schedule as the City Council meetings. It was also noted that additional meeting in July and August may be scheduled if the work load requires.
APPROVAL NOT REQUIRED PLANS
Plan of Easement: 329 Stevens Street DPW
On a motion by Mr. Hanson, seconded by Mr. Johnson, it was duly voted:
To accept and endorse a Plan of Easement for the City of Marlborough, Engineering Division, Department of Public Works, 135 Neil Street, Marlborough, MA 01752. Name of Engineer: James Arsenault, P.E., 135 Neil Street, Marlborough, MA 01752. Deed of property recorded in Middlesex Registry of Deeds, Book 16656, page 203. Location and description of property; plan of easement at 329 Stevens Street.
Plan of Easement; 19 Ash Street DPW
On a motion by Mr. Hanson, seconded by Mr. Hodge, it was duly voted:
To table consideration of this plan until such time as the City Engineer has had a chance to verify whether or not the a Scenic Road hearing would be required and for the Building Commissioner to review if the existing line of Arborvitaes were planted as a result of a zoning enforcement action.
Taking of Land at the intersection of Stevens and State Street DPW
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To table consideration of this plan until such time as the City Engineer has had a chance to verify whether or not a Scenic Road hearing would be required.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Arsenualt advised the Board that he does not have an updated report as Mr. Temple has been on vacation. He did advise, however, that he has reviewed the outstanding subdivision financials to insure that any outstanding bond figures are appropriate to close out projects.
Water’s Edge request for bond reduction
On a motion by Ms. Hughes, seconded by Mr. Johnson, it was duly voted:
To accept and file the correspondence from Assistant City Engineer Thomas P. Temple and to recommend that the subdivision now be put into the maintenance period and the bond reduced to $137,403.00.
There was some confusion regarding the reduction and the Board asked that Mrs. Wilderman verified that Mr. Temple was authorizing the reduction to be taken at this time before releasing the money. (Mr. Temple advised that it was his intention to reduce the bond at this time and there was sufficient monies left to insure the completion of outstanding work.)
Shaughnessy Estates II
On a motion by Mr. Hanson, seconded by Ms. Hughes, it was duly voted:
To accept and file the correspondence from Assistant City Engineer Thomas P. Temple regarding the problems with plowing on Kelber Drive and LaBrache Lane and to send a copy of the correspondence to each of the homeowners to advise them.
Forest Trail
On a motion by Ms. Hughes, seconded by Mr. Johnson, it was duly voted:
To accept and file the correspondence from City Solicitor James Agoritsas concerning the developer’s agreements for a reversal of the Board’s vote of revocation.
On a motion by Mr. Johnson, seconded by Ms. Hughes, it was duly voted:
To accept and file the correspondence from Attorney Busconi, on behalf of his client, Mr. Mutti, asking for the Board to rescind their earlier vote and grant an extension to the subdivision.
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To accept and file the correspondence from Attorney Connelly providing the appeal to Superior Court of the Planning Board’s decision to revoke the subdivision approval.
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To accept and file the correspondence from Attorney Busconi, dated January 10, 2004, outlining the final agreement with the City to pay back charges.
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To rescind the vote of revocation of the subdivision and to re-establish the outstanding lot releases at such time as the developer has met all of his obligations to the City of Marlborough. The subdivision approval is extended only until Monday, January 24, 2005 at the next Planning Board meeting when the developer and representatives from the bank will be present to discuss the final schedule for the completion of this subdivision. The Board wishes the developer and his financiers to understand as part of that approval, given the past experiences with this project, that they will not extend any further extensions without all of the appropriate work and requirements in place.
Orchard Estates III bond recommendation
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To approve the waivers requested by the developer in correspondence dated December 9, 2004.
Indian Hill
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To accept and file the correspondence from Assistant City Engineer regarding the inspection for the final closeout of this subdivision.
PENDING SUBDIVISIONS PLANS: Updates and Discussions
Old Orchard Heights
Consideration of this subdivision has been extended until January 24, 2005 to allow the developers engineer to meet with the city engineer to attempt to resolve outstanding drainage issues.
Eager Court
Mr. Arsenault confirmed that the revised plan has been submitted to Mr. Temple and is currently under review.
Berlin Farms
Mrs. Wilderman advised that the final comments from the Conservation Officer have been received by Board. The revised special permit will be available for signature at the next meeting on Monday, January 24, 2005.
Crowley Drive
The definitive plan is ready to be approved according the Mr. Arsenault. Unfortunately, the Board could not vote at this meeting as the only members who were present at the public meeting were not all in attendance this evening. The plan will be voted at the next meeting on Monday, January 24, 2005.
COMMUNICATION/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. Johnson, seconded by Mr. Hanson, it was duly voted:
To adjourn at 8:20 p.m.
A TRUE COPY
ATTEST: __________________________
Colleen M. Hughes, Clerk
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