PLANNING BOARD MINUTES
February 14, 2005
The Planning Board for the City of Marlborough met on Monday, February 14, 2005, in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Chairperson Barbara L. Fenby, Clerk Colleen M. Hughes, Edward F. Coveney, Robert Hanson, and Clyde L. Johnson. Also present: City Engineer James Arsenault.
MINUTES
On a motion by Mr. Johnson, seconded by Mr. Hanson, it was duly voted:
To accept and file the minutes of the meeting on December 20, 2004.
On a motion by Mr. Johnson, seconded by Mr. Hanson, it was duly voted:
To accept and file the minutes of the meeting on January 10, 2005.
CHAIR’S BUSINESS
Rules and Regulation Subdivision
Mrs. Wilderman advised the Board that she and the City Engineer have been discussing some prospective changes to the subdivision rules and regulations and would like to suggest that the Board form a subcommittee to review the document for possible revisions.
On a motion by Mr. Hanson, seconded by Ms. Hughes, it was duly voted:
To establish a sub-committee to review and possibly revised the city’s Subdivision Rules and Regulations. The following members will serve on the Committee:
· Philip J. Hodge
· Robert Hanson
· Barbara L. Fenby
Bond taking for outstanding subdivisions
Mr. Arsenault explained that they are investigating the possibility of utilizing monies that have been left in accounts from various subdivisions to make improvements to roadways that may need some work. The Board asked that this topic be carried over to the next meeting until the City Solicitor has had a chance to respond and the Engineering Department can develop a list of subdivisions.
Correspondence from M8/M10
On a motion by Mr. Johnson, seconded by Mr. Hanson, it was duly voted:
To authorize Ms. Hughes to appear as the Board’s spokesperson for the proposed “Meet the City” program.
Review of Special Permit Application for Limited Development Subdivision
Mrs. Wilderman advised that the application has been reviewed and approved by the Building Commissioner, Conservation Officer, City Solicitor and DPW Director. The Board will review for any further changes or corrections.
APPROVAL NOT REQUIRED PLANS
Plan of easement; 19 Ash Street DPW
This plan has already been forwarded to the City Council by the Legal office so no further action is required by the Planning Board.
Taking of Land; Stevens and State Street DPW
This plan has also been forward to the Council by legal. (***It has since been determined that this plan will require Planning Board approval and so will be reflected on the next agenda for approval and signature.)
Slocumb Lane
On a motion by Mr. Hanson, seconded by Ms. Hughes, 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 requirement for ANR lots.
A review of the plan shows the following:
· That Slocum Lane is a way shown on a plan theretofore approved and endorsed in accordance with the subdivision control law
· That the plan of land presented to the Planning Board for approval, “Plan of Land in Marlborough ,MA”, owned by Slocumb Realty LLC, 290 Eliot Street, Ashland, MA
· That the lot dimensions are as follows:
Lot Area Frontage
Lot 42A 51,053.95 sf 214.01 feet
Lot 43A 47,806.34 sf 181.66 feet
Lot 44A 51,369.32 sf 180.00 feet
Lot 45A 89,949.59 sf 180.33 feet
Lot 46A 122,452.76 sf 212.66 feet
Required 43,560 sf 180.00 feet
· That the lots meet the requirements of the “approval under subdivision control law” is not required.
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 Slocumb Realty LLC, 290 Eliot Street, Ashland, MA 01721. Name of Engineer: Thomas Land Surveyor and Engineering Corporation, 118 Forest Avenue, Hudson, MA 01749. Deed of property recorded in South Middlesex Registry of Deeds book 43031, page 384. Location and description of property: modification of lot lines for five (5) lots along Slocumb Lane.
Daniels Road
On a motion by Mr. Johnson, seconded by Ms. Hughes, it was duly voted:
To refer the plan to the City Solicitor of his opinion regarding the establishment of lots crossing municipal boundaries.
Shawmut Avenue
On a motion by Mr. Johnson, seconded by Mr. Coveney, it was duly voted:
To accept and file the copy of correspondence from Building Commissioner Reid to a homeowner regarding the buildability of a lot previously approved by the Board as an ANR plan. The Board had been concerned that the frontage as shown on the plan was “illusory” but had to endorse the plan as both lots showed sufficient frontage to meet the requirements. The Commissioner has advised the developer that the 24’ line extending in a westerly direction would not constitute frontage. Additionally there are lot shape and landscaping issues.
PUBLIC HEARINGS
8:20 p.m. Preliminary Subdivision Birchwood Development
The Planning Board of the City of Marlborough held a public hearing on Monday, February 14, 2005 at 8:40 p.m. on a proposed preliminary subdivision plan of “Birchwood Development”. Members present: Chairperson Barbara L. Fenby, Clerk Colleen M. Hughes, Edward F. Coveney, Robert Hanson, 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.
Pubic Notice
PLANNING BOARD
PUBLIC HEARING NOTICE
Notice is hereby given that the Planning Board of the City of Marlborough will hold a public hearing on Monday, February 14, 2005 at 8:20 P.M., at Memorial Hall, City Hall, 140 Main Street, Marlborough, MA on the following Preliminary Subdivision Plan “Birchwood Development” 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: Birchwood Development
128 West Street
Wilmington, MA
NAME OF ENGINEER: Connorstone Engineering
276 West Main Street
Northborough, MA 01532
LOCATION OF PROPERTY: 10.55 Acres located on the corner
of Forest Street and Ames 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 David Gadbois, on behalf of his clients, Birchwood Development, explained that his clients have an agreement to purchase land that is zoned for residential development. The purpose of this evening’s meeting is to get a feel for which of two submittals the Board might be more inclined to see developed.
The first presentation calls for a road to run between Ames to Glen Street that will require to waivers from the Subdivision Rules and Regulations and for twenty four (24) lots to be built on the approximately 10.5 acre parcel.
The second presentation would also contain twenty four (24) lots but would have only one roadway entrance off of Forest Street with two cul-de-sacs. Under those circumstances a waiver would be required for the length of the cul-de-sac and the placement of the roadway entrance.
Mr. Gadbois added that there do not appear to be wetlands on the site (in the official sense of the word), and that his clients are well aware of the orchard issues. They will be dealing with the arsenic problems, underground springs and ledge outcroppings as they move forward with a definitive plan. He met with some of the neighbors and discussed these issues at some length.
In Favor
James W. Baldinger
204 Glen Street
Mr. Baldinger is definitely in favor of the second plan in place of a proposal that would include through traffic. He does like the idea of having sidewalks in the area to make it easier to walk but he would caution the Board of the contamination issues.
In Opposition
Frederick W. Meyer
94 Howe Street
Mr. Meyer and his sister own their parents house on Sandini Road and he believes that the developer is only submitting the first rendition to make neighbors nervous so they will willingly accept the second plan without consideration. He is concerned with water contamination with development and feels that there would need to be a turning lane installed to accommodate the additional traffic.
Joan O’Brien
27 Conrad Road
Ms. O’Brien is concerned with the safety of the existing residents and inquired how they would know what plan would be accepted and would it be adhered to.
Chairperson Fenby advised that this is a preliminary hearing only and that the residents would be notified at the each successive step.
Ronald L. Bucchino
88 Glen Street
Mr. Bucchino expressed his opposition to the first plan submitted that would require no waivers but even the second plan would need serious consideration of groundwater and traffic issues.
Marguerite C. Sawyer
33 Teller Street
Ms. Sawyer also has concerns with the number of springs in the area and what will happen to the water under development and if it will create more problems with any contamination issues. She cautioned the Board that there is a school in extremely close proximity that needs to be protected.
John F. Sawyer
33 Teller Street
Mr. Sawyer believes that the residential southwesterly side of the City is often forgotten. During the most recent snowstorms the streets were not plowed until late. He feels that this is one indication of the city forgetting this neighborhood and he is concerned that the outstanding issues of spring water, grading, drainage, etc. will not be properly addressed if this project is approved.
John Sawyer, Senior
33 Teller Street
Mr. Sawyer, senior, advised the Board that there are more natural springs on the property than originally thought.
Frederick W. Meyer
94 Howe Street
Mr. Meyer asked about setbacks from existing neighbors and was advised of the setback regulations by Attorney Gadbois.
David E. Silva
343 Forest Street
Mr. Silva believes that it seems like an awful lot of houses and that with the second plan; they would be cut off if something happened on Forest Street. As the nearest abutter on Forest Street, he is also concerned with the entrance roadway grading and traffic. He also states that the land is often wet until August.
City Councilor Scott Schafer
Ward Three City Council
Councilor Schafer took time from the on-going City Council meeting to express his concerns with flooding and drainage issues. He wishes to insure that the acceptance of any subdivision plan does not make things worse for the present residents of the area. His letter of concern was read into the record and reads as follows:
Dear Chairman & Members:
I am submitting this letter in connection with the public hearing on the proposed Ames Street/Forest subdivision plan. The purpose of my letter is to bring to the attention of the Planning Board some of the issues raised by residents during a neighborhood meeting held by David Gadbois, Esq. and the developer on January 27, 2005.
Residents of the surrounding neighborhood (particularly along the areas of Glen Street and Sandini Road) are concerned about increases in storm water runoff as well as a disruption of the network of underground springs that pervade throughout the area. As the neighborhood’s Ward Councilor, I have become acutely aware of flooding and drainage issues that have plagued this neighborhood as development in the area has increased over the years. I respectfully request that the Planning Board, in the course of its review, analyze and address these engineering issues in order to ensure that the proposed subdivision, if approved, does not exacerbate the problem and is fully compliant with storm water management regulations. Neither the residents nor the City of Marlborough
should have to bear any increased costs in having to remedy increases in storm water runoff or a disruption in the flow of the underground streams in the neighborhood.
Residents on abutting properties along Sandini Road also requested that a buffer of trees and natural vegetation be maintained between the back of the proposed lots and their properties. In addition, residents inquired about the removal of the stonewall that serves as a natural boundary between some of these properties and were told during the meeting that the stonewall would remain in place.
Several residents expressed concern about that the proposed development may disrupt pesticides and other chemicals that may be present in the soil given the area’s past history as the location of fruit orchards. I trust the Planning Board in its review will ensure that proper environmental studies, sampling, and testing are conducted in order to protect the health, safety and welfare of the residents of the surrounding neighborhoods.
I would like to thank the Planning Board for this opportunity to submit public comment on this matter and respectfully request that you give consideration to these matters during the course of your deliberations.
Very truly yours,
Scott D. Schafer
Ward 3 City Councilor
Marguerite C. Sawyer
33 Teller Street
Ms. Sawyer asked when the survey will be completed for the area. Mr. Gadbois that the subsurface tests will be completed in the Spring.
Ronald L. Bucchino
88 Glen Street
Mr. Bucchino advised that if they are flagging for wetlands they need to be looking at other than just plants. He advised that they need to look at wildlife and intermittent streams, as well.
Mr. Hanson of the Planning Board suggested an alternate proposal for a roadway configuration but it was the opinion of the neighbors that it would encourage increased traffic from people looking to skip the lights at Forest and Ames Street.
Mr. Gadbois asked for a sense from the Board of which plan they would prefer to see. It was determined that the Board members would visit the site prior to the next meeting to make a determination at that time.
There being no further discussion, the hearing was closed at 9:30 p.m.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Arsenault distributed the latest edition of the subdivision up date forms. As expected, given the time of year, there has been little progress on any of the subdivisions. Ms. Hughes asked if the date of the subdivision approval could be added to the form for a better idea of how long these have been outstanding and Mr. Arsenault agreed that he will have that added for the next report.
Forest Trail
Attorney Daniel Burger, representing the Hudson Savings Bank and Attorney Fred Busconi, representing Chris Mutti, were in attendance to discuss the future of the Forest Trail Subdivision. Attorney Busconi advised the Board that his client was away and unable to attend.
Chairperson Fenby explained that the Board is extremely concerned with the completion of this subdivision. The Board is aware that a number of lots have been sold to individual builders other than Mr. Mutti. This could mean that the lots could all be built out and occupied with the City left with infrastructure that is not completed.
Attorney Burger expressed the banks appreciation of the Board’s agreement to continue the subdivision approval given the history. Attorney Busconi advised the Board that the developers who have purchased lots (or are under agreement) are reputable builders who will complete their work.
Chairperson Fenby asked if both gentlemen were agreeable to all correspondence being forwarded to the bank to keep them in the loop on the progress and all agreed.
On a motion by Ms. Hughes, seconded by Mr. Coveney, it was duly voted:
To extend the approval for the Forest Trail Subdivision only until June 1, 2005 and to forego any consideration of a bond reduction.
Shaughnessy Estates II
On a motion by Mr. Coveney, seconded by Mr. Johnson, (with Ms. Hughes abstaining), it was duly voted:
To accept and file the correspondence from both Assistant City Engineer Thomas Temple and developer David Franchi, regarding sewer problems at Kelber Drive.
PENDING SUBDIVISION PLANS; Updates and Discussions
Old Orchard Heights
On a motion by Mr. Johnson, seconded by Mr. Coveney, it was duly voted:
To extend consideration of this subdivision until April 1, 2005.
Eager Court
On a motion by Mr. Hanson, seconded by Mr. Coveney, it was duly voted:
To accept and file the correspondence from Mr. DiPersio of Thomas Land Surveyors regarding a bond amount for this subdivision, and to refer the matter to the City Engineer for his review and recommendation at the next meeting on Monday, February 18, 2005.
Berlin Farms
The Special Permit document was available for signature by the members.
Crowley Drive Acceptance
Mr. Hodge was unavailable for this meeting so there was no quorum for a vote.
Davis Estates
Mr. Arsenault advised that he had just received the amended plans and would be reviewing within the next few days. Mr. Hodge would also be necessary for any vote on this subdivision as well.
DEFINITIVE SUBDIVISION SUBMISSIONS
White Oak Estates
A public hearing will be scheduled for a two lot subdivision off of Concord Road on March 10, 2005 at 8:15 p.m.
SIGNS
Marlborough Savings Bank
At the Bank’s request, this topic was continued until the next meeting on February 28, 2005.
Hess Gas Station
Attorney Arthur Bergeron made a presentation of the history of the site at 770 Boston Post Road East. The Hess Company has made a purchase of all of the Gibbs Gas Stations. The site on which the old Gibbs station stood was extremely small. Hess stations include a small food mart and in order to make this site work they would either have had to receive zoning variances or they were going to sell the site, as is, to another distributor.
Attorney Bergeron explained the variances and the special permit requirements that were placed for this site and is now before the Board for a variance for the allowed signage. He showed a number of slides to explain his point.
Building Commissioner Reid advised the Board that the Hess Company has already applied for and received a sign permit for a conforming sign and sees no reason why a variance should be required.
On a motion by Mr. Hanson, seconded by Mr. Johnson, it was duly voted:
To table consideration of this matter until the meeting on Monday, February 28, 2005, to allow members to look at the site.
Advanced Math and Science Academy
There has been some confusion regarding the language of the variance which allowed the entrance to Marlborough signs.
On a motion by Mr. Hanson, seconded by Mr. Coveney, it was duly voted:
To allow the signs as requested on the Welcome to Marlborough signs and to revisit the variance language at the next meeting on Monday, February 28, 2005.
Route 20 Corridor Planning Issues
Attorney Bergeron spoke on behalf of the Route 20 corridor partnership that has two issues before the Board:
1. There is a consideration that sign issues should be handled in much the same manner as the Downtown District with a design concept. Members of the Board agreed and are willing to work with Attorney Bergeron on this project.
2. Landscaping…as part of the landscaping issue for the entrance corridors, one of the first considerations is the depression of all above ground utility wires. In order for the process to move forward, there must first be a public hearing in front of the Planning Board for them to make a recommendation to the City Council. There are a number of issues involved with such a project and the Board asked that some information be forwarded to them before they schedule the hearing:
a. Cost estimates?
b. Time line for duration of project
c. Projected fees
d. Experience of similar communities
e. Lighting issues
Discussion of LCD Signs
Board members are concerned that there may be some confusion regarding the use of LCD message board signs.
On a motion by Ms. Hughes, seconded by Mr. Johnson, it was duly voted:
To send correspondence to the City Council inviting any Councilor’s who have concerns with the Board’s take on these signs to any Planning Board meeting to discuss the issue further.
COMMUNICATION/CORRESPONDENCE
On a motion by Ms. Hughes, seconded by Mr. Johnson, 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 10:00 p.m.
A TRUE COPY
ATTEST: ___________________________
Colleen M. Hughes, Clerk
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