PLANNING BOARD MINUTES
March 14, 2005
The Planning Board for the City of Marlborough met on Monday, March 14, 2005 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, Robert Hanson and Clyde L. Johnson. Also present: City Engineer James Arsenault.
MINUTES
On a motion by Mr. Johnson, seconded by Mr. Hodge, it was duly voted:
To accept and file the minutes of the meeting of March 7, 2005.
CHAIR’S BUSINESS
Discussion re: bond taking to complete outstanding subdivisions
On a motion by Mr. Johnson, seconded by Mr. Hodge, it was duly voted:
To accept and file the correspondence from the city engineer Arsenault and to refer the document to Mrs. Wilderman for her response and taking preparation before the next meeting on Monday, March 28, 2005.
Amended wording to proposed change to LI District “Outside Storage”
Ms. Hughes read the amended wording as proposed by Attorney Gadbois. Attorney Gadbois advised the Board that the wording had been submitted to the City Solicitor and approved as to form. Ms. Hughes also read City Planner Lima’s memo to City Councilor Clancy regarding his recommendation.
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To accept and file the correspondence both from Mr. Gadbois and Mr. Lima and to recommend that the City Council deny this request for a zoning amendment based upon the fact that this would affect the entire LI zone and would allow a use not consistent with the intent of the Limited Industrial District.
APPROVAL NOT REQUIRED PLANS
Fairfield ANR
A review of the plan shows the following:
· That the plan show a swap of interior land on a plan, “Fairfield Green at Marlborough, MA, Plan of Land in Marlborough, MA (Middlesex County), currently owned by Johnson Campbell Realty, Inc., 9 Jericho Hill Road, Southborough, MA 01772. Name of Engineer: Rizzo Associates, 1 Grant Street, Framingham, MA 01701 and is comprised of Lot A, Parcel 3B, Lot 5-2A and Lot 5-2B.
· That Parcel 3B is not to be considered a separate building lot but is to be combined with Lot 5-2B
· That Parcel 5-2A is not to be considered a separate building lot but is to be combined with Lot A
· That Parcel 5-2A and Lot 5-2B are created from Lot 5-2 as shown on plan # 499 of 2001, recorded with the Middlesex County Registry of Deeds
· That Lot A and Parcel 3B are created fro Parcel 3A and the remaining portion of Parcel 4A, after the taking associated with interstate Route 495 Layout # 7469 as shown on Plan # 523 of 1999 recorded with the Middlesex Registry of Deeds
· That the plan has been compiled from a limited field survey and deeds and plans of record
· That Lot A has been approved as a buildable lot under a comprehensive permit, ZBA Case #1290-2002, Dated June 24, 2004.
On a motion by Mr. Johnson, seconded by Ms. Hughes, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Johnson Campbell Realty, Inc., 9 Jericho Hill Road, Southborough, MA 01772. Name of engineer: Rizzo Associates, 1 Grant Street, Framingham, MA 01701. Deed of property recorded in Middlesex County Registry of Deeds, book 21675, page 313. Location and description of property: The property is located south of Interstate Route 495 and North of Cedar Hill Street, Parcel 5-2A is to be combined with Lot A to create a contiguous parcel of land and parcel 3B is to be combined with Lot 5-2B to create one contiguous parcel of land. The plan shows a proposed conveyance with changes to the size and shape of lots in such a manner so that no lot affected is left without the required frontage.
236 Bolton Street
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To accept and refer the proposed plan to the City Engineer for his review and recommendation at the next meeting on Monday, March 28, 2005.
PUBLIC HEARINGS
8:00 p.m. Jefferson Street Rezoning
The Planning Board of the City of Marlborough held a public hearing on Monday, March 14, 2005 at 8:00 p.m. on a proposed zone amendment. Members present: Chairperson Barbara L. Fenby, Clerk Colleen M. Hughes, Philip J. Hodge, 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. Clerk Hughes read a copy of the advertisement into the record.
Public 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, March 14, 2005 at 8:00 p.m. in Memorial Hall, Third Floor, 140 Main Street, Marlborough, on the following proposed amendment to the Code of the City of Marlborough.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH that the Code of City of Marlborough, Article III, Chapter 200, Zoning, §8, Zoning District Map, as amended, be further amended as follows:
1. By extending the RB Zone to include the following parcels bounded and described as follows: Beginning at the easterly end point of the center line of the RB Zone located in Hudson Street and turning in a northerly direction along the westerly bound of the abandoned railroad layout a distance of 377.50 feet along the easterly boundary of Parcels 56-103, 56-112 and Parcel 56-144, Parcel 56-148; thence turning and running easterly through the abandoned railroad layout and continuing along Parcel 56-148 and Parcel 56-147; thence turning and running southerly along the easterly boundary of said Parcel 56-147 to the point in the center line of the RB Zone located in Hudson Street; thence turning westerly to the end point of said center line; thence turning and running southeasterly along the center line
of the RB Zone located within Jefferson Street to the end point of said line in the center of Highland Street; thence turning and running southerly along said line to the point of intersection with RB line in Lincoln Street; thence turning westerly along said line a distance equal to the point where the easterly property line of Parcel 69-345 meets said Lincoln Street; thence turning in a northwesterly direction running along Parcel 69-345 and Parcel 56-85 thence continuing in a northwesterly direction along the center line of the abandoned railroad layout to the center line of Hudson Street; thence, turning westerly along the center line of Hudson Street to the point of beginning.
2. By extending the RB Zone to include the following parcels bounded and described as follows: Beginning at the most westerly point of the RB Zone center line in Hudson Street and turning and running southerly along the existing RB Zone line to the lot line of Parcel 56-100; thence turning easterly along the property line of Parcel 56-100 to a point at Parcel 56-102; thence turning southerly along said parcel to the to the southerly bound of said parcel; thence, turning easterly along the southerly line of said Parcel 56-102 to the center line of the proposed center line of the RB Zone located within the abandoned railroad layout.
3. By extending the RB Zone to include the following parce3ls bounded and described as follows: Beginning at a point where the RB Zone line meets the northerly property line of Parcel 56-93; thence, running easterly along said Parcel 56-93, continuing easterly along Parcel 56-94 and continuing easterly along Parcel 56-87 to the point where said line intersects with Parcel 56-86; thence turning southerly along the property line of Parcel 56-87 and Parcel 56-87A to the end of said Parcel 56-87A property line; thence turning Westerly to a point where said property line intersects with the easterly layout line of Manning Street; thence turning southerly along the said layout line; thence turning westerly to the point where Parcel 56-82A intersects with said Manning Street; thence turning southerly along
Parcel 56-82A to the point intersecting with Parcel 56-79; thence turning westerly along southerly property lines of Parcels 56-82A, Parcel 56-82, Parcel 56-81, Parcel 56-80 and continuing to the center line of the existing B Zone line within Mechanic Street; thence turning northerly to the end of said B Zone line; thence turning easterly and running along said B Zone line located in the center line of Manning Street to the point where it intersects with the existing RB Zone line; thence turning southerly to the northerly boundary of Parcel 56-81.
4. By extending the B Zone to include the following parcels, bounded and described as follows: Beginning at the westerly point where the existing B Zone line begins from the center line of Lincoln Street; thence turning northerly along the existing B Zone line to a point intersecting with the northerly property line of Parcel 6--334; thence turning easterly along said Parcel 69-334 to a point ending at the easterly property line of Parcel 56-85; thence turning southerly along Parcels 56-85, and 69-345 to a point of the center line of existing B Zone line in Lincoln Street; thence, turning westerly along the center line of the existing B Zone line in Lincoln Street to the point of beginning.
Per Order of City Council
# 100709
City Solicitor James Agoritsas made a brief presentation to the Board regarding the intentions of the proposed zoning. As the area in questions is almost completely surrounded by residential uses, the Mayor believes that while the existing commercial automotive uses would be allowed to continue even if the zone changed, the use should not be allowed to expand. Lincoln Street is a major feeder road for entrances or throughways to the city and the neighborhoods on the other streets affected should not have to be subjected to the noise levels, air pollution, etc associated with the CA zone.
In Favor
Arthur Bergeron
27 Prospect Street
Attorney Bergeron thinks that this is terrific change that will respond to the opening of the new rail trail. With the other changes contemplated in the area this proposed change will make a difference in the long run.
In Opposition
Michael O’Malley
269 Mechanic Street
Mr. O’Malley owns the property at 103/103A Mechanic Street and he has some problems with the how the zoning will end up. After a brief discussion with Attorney Agoritsas and Building Commissioner Reid, he may not have an issue.
Mr. Hodge asked what percentage of total CA zoning is being affected by this change and is there any consideration to replicate the zoning elsewhere in the city. Attorney Agoritsas advised that they are working on replicating the zone probably in somewhere in the industrial district.
Mr. Johnson asked about continuing a non-conforming use and Commissioner Reid explained that in order for a use to be considered “abandoned”, the use will would have had to be stopped and actually changed. If a commercial automotive use went out of business, for instance, but the property was not used for any other purposes, it would not constitute an “abandonment” of the use.
There being no further discussion, the hearing was closed at 8:20 p.m.
8:15 p.m. Definitive Subdivision White Oak Estates
The Planning Board of the City of Marlborough held a public hearing on Monday, March 14, 2005 at 8:15 p.m. on a proposed Definitive Subdivision, “White Oak Estates”. Members present: Chairperson Barbara L. Fenby, Clerk Colleen M. Hughes, Philip J. Hodge, 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. Clerk Hughes read a copy of the advertisement into the record.
Public 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, March 14, 2005 at 8:15 P.M., at Memorial Hall, City Hall, 140 Main Street, Marlborough, MA on the following Definitive Subdivision Plan “White Oak 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: Chestnut Farms Development Corporation
269 Mechanic Street
Marlborough, MA 01752
NAME OF ENGINEER: Bruce Saluk and Associates, Inc.
576 Boston Post Road East
Marlborough, MA 01752
LOCATION OF PROPERTY: 5.64 Acres of land currently shown as two
lots as Assessors Lot 19c & 19 on Map 10
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.
Bruce Saluk of Saluk and Associates, representing his client Michael O’Malley, made a brief presentation of the proposed two lot subdivision. The parcel under consideration is a little over five acres in total, includes a front parcel with an existing house (to remain) at 1061 Concord Road and a private way to access two new parcels. They are requesting a number of waivers to keep the roadway more to a common driveway as there will be limited use. The existing house will continue with the driveway off of Concord Road.
In favor
No one spoke in favor of the development.
In Opposition
Paul Major
671 Sudbury Street
Mr. Major is concerned with blasting damage, having just completed and paid for repairs made to his home as a result the blasting that took place at the Forest Trail subdivision. He is equally concerned with the issue of wild life going to his yard as trees are removed and more construction, the safety of a detention basin, mosquitoes, and esthetics. He feels as though the developer is asking for a lot of waivers from the existing rules and regulations and that the developer created his own hardship by selling surrounding lots for construction and essentially land locking himself.
William Magner, Jr.
79 Mosher Lane
Mr. Magner is a long time resident of the area; he previously lived on Sudbury Street. He agrees that the hardship that would require the waivers is self imposed by the developer. He also believes that the slope at the driveway is much steeper than it looks. He is also concerned with blasting, existing wetlands and believes that the neighbor’s need more information.
Kyle Magner
79 Mosher Lane
Mrs. Magner is concerned that the placement of the new homes and the removal of the existing tree line will result in the new homes looking directly into her backyard. Before they purchased their new home they checked with the City Engineer’s office and where advised that the land was unbuildable. They have also offered to discuss purchasing the property from the current owner but the cost was prohibitive and Mr. Mutti’s retainage of a strip of land around the subdivision made it impossible to have a continuous property.
Mrs. Magner was also concerned with where utilities services would be accessed. Mr. Saluk explained that the water service will come directly from Concord Road but that they will be tying into a sewer easement from Mr. Mutti over her property. Chairperson Fenby expressed concern with the sewer connection impacting the buffer zone.
Joel E. Perez
54 Mosher Lane
Mr. Perez also recently purchased his home and has all of the same concerns as his neighbors. He would like to see more definitive information.
Dorothy Butler
85 Mosher Lane
Mrs. Butler advised the Board that she paid a great deal of money for her house and would like to have the house remain in the same condition as when it was purchased. She feels that the City does not follow up on its projects and she is concerned that things will get out of hand.
There being no further discussion, the hearing closed at 8:50 p.m.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Arsenault advised the Board that the update was covered under Chair’s business for the subdivisions to be reviewed.
Shaughnessey Estates
On a motion by Mr. Johnson, seconded by Mr. Hanson, it was duly voted:
To accept and file the correspondence from both Assistant City Engineer Thomas P. Temple and David A. Franchi, President of Equipment Company, Inc. regarding the requirement for video taping of the sewer lines at Shaughnessey Estates, and to forward correspondence to Mr. Franchi asking him to schedule the videotaping of the lines.
The Board understands both parties concerns but at this stage of the development we would like the issue to come to a halt so that the City can accept the roadways and utilities for this subdivision and move on. Mr. Franchi is invited to attend the next meeting of the Board on Monday, March 28, 2005 if he still feels it necessary.
West Hill and Cider Mill Estates
On a motion by Mr. Hodge, seconded by Mr. Coveney, it was duly voted:
To accept and file the correspondence from Assistant City Engineer Thomas P. Temple and to approve an extension of both subdivision plan approvals for eight (8) months until November 14, 2005.
The issue of the bond amount for Cider Mill Estates will be discussed at the next meeting on Monday, March 28, 2005.
Eager Court
On a motion by Mr. Coveney, seconded by Ms. Hughes, it was duly voted:
To accept and file the correspondence from the City Solicitor approving the bond as to form, and to authorize the signature of the bond.
Forest Trail
On a motion by Ms. Hughes, seconded by Mr. Coveney, it was duly voted:
To table consideration of the homeowners request to place a fence within both the buffer zone and the no disturb zone until the next meeting on Monday, March 28, 2005 after the Board has had a chance to visit the site. Mrs. Wilderman will also have a plot plan for the Board’s review at the next meeting.
PENDING SUBDIVISION PLANS: Updates and Discussions
Old Orchard Heights
This plan is still under review until April 1, 2005.
Davis Estates
(Only Ms. Fenby, Mr. Hodge, Mr. Coveney and Mr. Johnson could participate in this vote. Ms. Hughes and Mr. Hanson were unavailable for the public hearing and therefore abstained from any vote.)
The Board had begun the process of approval for this subdivision at the last meeting but table a completion until such time as another meeting could be held to determine a direction on the last two waivers requested.
Mrs. Fenby advised that at a meeting held on Monday morning, March 14, 2005, the developer had agreed to the following:
· In consideration for the lights that match the downtown lights, the developer will provide four (4) additional lights for maintenance and will pay $2,000.00 into a maintenance account to cover the City’s cost to replace or repair the lights should something occur after the city has accepted the roadway and appurtenant easements.
· In consideration for the allowance of an 8% slope, which the City Engineer agreed is not an egregious departure from the rules and regulations; the developer has agreed to provide the landscaping for the newly constructed pumping station at Farm Road.
On a motion by Mr. Coveney, seconded by Mr. Johnson, it was duly voted:
To grant the waiver from the Subdivision Rules and Regulations Section IV.K – to allow street light matching the style of the downtown Main Street area in lieu of the standard street lighting used elsewhere in the city.
On a motion by Mr. Hodge, seconded by Mr. Coveney, it was duly voted:
To grant the waiver from the Subdivision Rules and Regulations Section IV.B.5© - to allow that a minimum roadway slope of 8% for a secondary street through the entire length of the roadway including the cul-de-sac turn around area, in lieu of a maximum 3% slope within seventy five (75) feet of the radius point of the turn around area.
On a motion by Mr. Coveney, seconded by Mr. Johnson, it was duly voted:
To approve the Definitive Plans of a subdivision known as “Definitive Plan of Davis Estates” Subdivision of Land in Marlborough, MA.”
Birchwood Development
Attorney Gadbois presented a third variation to the proposed 24 lot subdivision off of Forest Avenue showing the main entrance off Ames Street with two cul-de-sacs and an emergency entrance only off of Forest Street. It was the general consensus of the Board that this represents the best plan for this area. The developer will return with a definitive plan based upon this iteration.
SIGNS
Marlborough Savings Bank 71 Boston Post Road East
Richard Bennett, President of the Marlborough Savings Bank made a brief presentation to the Board requesting that the Bank be allowed to replace the lettering to their existing sign with a sign of the exact same size.
Mrs. Wilderman explained that the sign that know exists is actually non-conforming to size but had been approved some time ago in error. Additionally the bank lost some property due to the taking at the time Mass. Highway completed their widening of Boston Post Road East. Mr. Bennett advised that the bank would be willing to remove the wall panels if the Board so wished. Mr. Hodge did not feel that was necessary.
On a motion by Mr. Coveney, seconded by Ms. Hughes, it was duly voted:
To grant a variance from the sign ordinance to allow a total of 65 square feet of signage as described in the application as the sign does not appear to conflict with the intentions of the sign ordinance and due to the loss of area from the highway taking.
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.
Prior to the conclusion of the meeting, Mrs. Fenby advised the Board that during her hearing before the Personnel Committee earlier in the evening, she had once again been asked by some members of the council to consider moving the day that Planning Board meetings are held as some feel that it conflicts with the City Council meetings.
On a motion by Mr. Johnson, seconded by Mr. Coveney, it was duly voted:
To advise the City Council that they will remain with the schedule as it stands for the following reasons:
· It will facilitate those times when the Planning Board and City Council holds joint meetings for zoning issues.
· It allows the Board to have immediate access to city personnel if required during the course of a meeting
· The Planning Board meeting starts a half hour before the Council meeting and as the Board will always make every accommodation during their meeting to hear from councilors on any issue, there appears to be plenty of time before the meetings.
· Changing the schedule at this stage may not allow some members of the Board to continue on the Board.
On a motion by Mr. Johnson, seconded by Mr. Coveney, it was duly voted:
To adjourn at 9:15 p.m.
A TRUE COPY
ATTEST: _____________________________________
Colleen M. Hughes, Clerk
| 