PLANNING BOARD MINUTES
March 28, 2005
The Planning Board for the City of Marlborough met on Monday, March 28, 2005 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Chairperson Barbara L. Fenby, Acting Clerk Edward F. Coveney, Philip J. Hodge, and Robert Hanson. Also present: City Engineer James Arsenault.
MINUTES
On a motion by Mr. Hanson, seconded by Mr. Hodge, it was duly voted:
To accept and file the minutes of the meeting of March 14, 2005.
CHAIR’S BUSINESS
Discussion re: bond taking to complete outstanding subdivisions
The Board discussed the list of the first subdivisions that the engineering department had submitted for consideration. The response from Mrs. Wilderman was forwarded to the City Engineer for his information.
However, the Board is concerned with the outstanding bond for the Villages at Hagar Meadow. The bond was originally in place to guarantee the completion of a connection between the Villages at Hagar Meadow and the Villages at Rose Pointe. The intention was to allow traffic to be directed to a signalized intersection for entrance to Route 20. The connection has never been completed and it is being assumed that neither party wishes to have the connection made. The Board is concerned that the connection may have been a requirement of both of the special permits issued by the City Council and the only way the remove the requirement would be through the City Council. The Board asked that Mrs. Wilderman follow up with the Council and the police chief regarding this issue.
Decision on Jefferson Street Re-zoning
On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:
To recommend that the City Council deny the requested zoning amendment as it is unclear that the proposed change would accomplish its intended goal and because there is no current attempt to replicate the commercial automotive zone elsewhere in the city.
APPROVAL NOT REQUIRED PLANS
236 Bolton Street
A review of the plans showed the following:
· That the Plan shows two lots on the plan entitled, “Plan of Land in Marlborough, MA, Lots #1 & 2, 236 Bolton Street”, dated March 10, 2005 prepared by Bruce Saluk & Associate, currently owned by Helen Shirley Cormier and Paul R. Cormier, Jr., 236 Bolton Street, Marlborough, MA 01752. Name of Engineer: Bruce Saluk & Associates, Inc., 576 Boston Post Road, Marlborough, MA 10752.
· That Lot #1 contains the existing house and will be left with 17,102 square feet and sufficient frontage on both Bolton Street and Union Street.
· That Lot #2 will contain 12,856 square feet and 121.91 feet of frontage on Union Street.
· That the existing barn that currently is located over the proposed boundary line will be removed.
· That the survey was performed without benefit of title and is subject to change that a title may disclose
On a motion by Mr. Coveney, seconded by Mr. Hanson, it was duly voted:
To accept and endorse a plan of land believe to be Approval Not Required of Helen Shirley Cormier and Paul R. Cormier, Jr., 236 Bolton Street, Marlborough, MA 01752. Name of Engineer: Bruce Saluk & Associates, Inc., 576 Boston Post Road East, Marlborough, MA 01752. Recorded deed was destroyed in a fire at the Registry of Deeds. Location and description of property: 0.69 acre parcel of land located at 236 Bolton Street listed as City Assessor parcel #17 of map 44. Said parcel to be divided into two parcels as shown.
247 Bigelow Street
On a motion by Mr. Coveney, seconded by Mr. Hanson, it was duly voted:
To accept and refer the plan believed to be Approval Not Required to the City Engineer for his review and recommendation at the next meeting on Monday, April 11, 2005.
236 Bigelow Street
Mr. Parente will have the plan available for re-signing at the meeting on April 11, 2005.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Arsenault advised the Board that his office continues to work on closing out subdivisions as outlined in the bond taking discussion.
Shaughnessy Estates II
Mrs. Wilderman advised that she had conversation with Andy Iovanni from Franchi’s office and they will have more information to us by the April 11, 2005 meeting. They will schedule the camera for better weather but still have some other issues that they may wish to discuss with the Board.
Cider Mill Estates
On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:
To accept and file the correspondence from Assistant City Engineer Thomas P. Temple and to recommend that a bond in the amount of $692,000.00 be established to secure the release of lots in this subdivision.
Eager Court
Mrs. Wilderman advised the Board that the bond and lot release are expected to be before them at the next meeting on Monday, April 11, 2005 as there was some delay in providing the correct documentation for this meeting.
Forest Trail
Stephen Doherty of 89 Mosher Lane has submitted to the building department an application for an in-ground pool. State regulations are clear that any such structure requires a fence meeting regulations to enclose the pool for public safety reasons. Mr. Doherty would like to expand his fence area to enclose his entire back yard which would entail his crossing the perimeter buffer and the no disturb buffer with approximately 270 linear feet of the total fence encroaching on those areas. The Board is not inclined to allow any encroachment. However, Mr. Doherty explained that the “no disturb” zone has already been seriously disturbed by the developer and that what would have been a treed buffer is now simply a pile of rocks.
Mrs. Wilderman offered, as an alternative, the Board would to consider a fence if the homeowner would also provide some evergreens along that border to replace what was removed by construction. The Board indicated that they might consider something to that affect but that would like to get the Conservation Officer’s opinion on the matter as well. They asked that Ms. Ryder be consulted for her recommendation at the next meeting on Monday, April 11, 2005 and that the issue be continued until that meeting.
Sterling Woods
On a motion by Mr. Hodge, seconded by Mr. Coveney, it was duly voted:
To accept and file the correspondence from both Attorney Bergeron and DPW Commissioner LaFreniere and to refer the issue of whether or not the change to the detention basin constitutes a simple remedial action or a major modification of the original subdivision to the City Solicitor for his review and recommendation at the next meeting on Monday, April 11, 2005.
PENDING SUBDIVISION PLANS; Updates and Discussions
Old Orchard Heights
The developer’s engineer has run into a serious problem with the drainage on site. Apparently there were a number of errors on the plan developed by the previous surveyor and the drainage system originally thought to be in place, in fact, does not exist. Both Mr. Arsenault and Mrs. Wilderman advised that this issue may seriously affect the developer’s ability to construct the subdivision.
On a motion by Mr. Hanson, seconded by Mr. Coveney, it was duly voted:
To accept and file the correspondence from Stephen E. Poole, P.E. and to extend consideration of this subdivision only until April 25, 2005.
Davis Estates
This subdivision is still in the appeal period.
Crowley Drive
An abutter to the project has filed an appeal of the Planning Boards decision to Land Court.
On a motion by Mr. Coveney, seconded by Mr. Hodge, it was duly voted:
To accept and file the correspondence regarding the appeal.
White Oak Estates
The Board held a brief discussion regarding the project and the requested waivers. The Board is not inclined to allow a sewer connection through the buffer and no disturb zones of the neighboring subdivision. They further pointed out that the issue of construction on this land was brought up during the definitive phase of the adjoining subdivision as it would expedite construction on the available lots without designing a plan that would require the number of waivers now being proposed. As no consideration was given at that time, the Board is not inclined to allow the number of waivers now being requested. The issue will be reviewed further with the City Engineer.
DEFINITIVE SUBDIVISION SUBMISSIONS
Berlin Farms
A public hearing date of Monday, April 25, 2005 was set for this project.
SIGNS
Review of the Entrance Sign Variance
As Ms. Hughes and Mr. Johnson were unavailable for the meeting, the Board chose to continue the discussion until the next meeting.
Earth Day Banner
Richard Baldelli of the DPW, writing on behalf of the “Earth Day/Clean Sweep” Committee, asked the Board for permission to hand the 2’ X 8’ banner advertising the project on the parking deck facing Granger Boulevard for a period until the project day.
On a motion by Mr. Coveney, seconded by Mr. Hodge, it was duly voted:
To authorize the banner as requested, on the Granger Boulevard side of the Parking Deck with a reminder that the banner shall be removed once the project day has passed.
INFORMAL DISCUSSIONS
Undergrounding Ordinance
Attorney Bergeron explained that a rereading of the section of the State ordinance regarding setting up a program for a prohibition of removal of overhead wires does not require a public hearing before the Planning Board in a city, only the City Council. He did explain, however, that he has garnered the information that the members of the Board had asked for and would be more than glad to present it to them. Ms. Fenby asked Attorney Bergeron to make a short presentation to the Board at the next meeting on Monday, April 11, 2005
COMMUNICATIONS/CORRESPONDENCE
On a motion by Mr. Hanson, 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 8:30 p.m.
A TRUE COPY
ATTEST: ___________________________
Edward F. Coveney, Acting Clerk
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