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April 25, 2005
PLANNING BOARD MINUTES
April 25, 2005



The Planning Board for the City of Marlborough met on Monday, April 25, 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 Ms. Hughes, it was duly voted:

To accept and file the minutes of the meeting of April 11, 2005.

CHAIR’S BUSINESS

Public hearing date proposed zone change

The public hearing for the proposed amendment to the zoning ordinance (regarding the inclusion of automotive to the industrial district with a special permit) will be held on May 23, 2005.

Stormwater Management Plan Public Meeting

Mr. Arsenault advised the Board that the Stormwater Management Advisory Committee has been working on updates to the management plan and is at a point where they would like input from everyone on how best to achieve the goals of the committee.  They will be presenting an overview of their current work to meet EPA permit requirements.  The public hearing will be on Thursday, May 12, 2005 at 7:00 p.m. in Memorial Hall.

Mr. Hanson advised that he would like the committee to look at the locations that are now low salt area being cleaned up and would a focus to remain on those clean up areas.
APPROVAL NOT REQUIRED PLAN

Parmenter Road

There was a small amount of confusion regarding whether or not the Board had the authority to sign this plan.  A review of the plan shows the following:

·       That the plan shows a two lots being formed on a plan of land, “Index Plan of Southborough & Marlborough, MA”, prepared for Trask Development Corporation, 30 Turnpike Road, Southborough, MA 01772; prepared by Bruce Saluk and Associates, Inc., 576 Boston Post Road, Marlborough, MA 01752 and is comprised of two lots, Lot #1 and Lot #2
·       That a small portion of the entire property, seven acres, is located in the City of Marlborough with the balance of the property in the Town of Southborough.  
·       That there is no frontage located in the City of Marlborough.
·       That Lot #1 is 11.95 acres and is located entirely within the Town of Southborough with its frontage within Southborough as well
·       That Lot #2 will be 129.3 acres total with 7 acres in the City of Marlborough and the balance within the Town of Southborough
·       That Lot #1 shall not be used as separate building lot but only together with adjacent lots having the required area and frontage as indicated on the plan.
·       That the plan has been endorsed by the Town of Southborough Planning Board on March 14, 2005 and has been approved for a subdivision within Southborough.
·       That the City Solicitor reviewed the plan and advised the Board that their signature on the plan would not imply any approval of a subdivision plan within the Town of Southborough.

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 Trask Development Corporation, 30 Turnpike Road, Suite 8, Southborough, MA 01772.  Name of Engineer: Bruce Saluk & Associates, Inc., 576 Boston Post Road, Marlborough, MA 01752.  Deed of property recorded in the Middlesex South Registry of Deeds, book 30177, page 11.  Location and description of property: 141.0 acres of land in Marlborough and Southborough at Parmenter Road.

PUBLIC HEARINGS

8:00 Definitive Subdivision “Berlin Farms”

The Planning Board of the City of Marlborough held a public hearing on Monday, April 25, 2005 at 8:00 p.m.  on a Definitive Subdivision Plan “Berlin Farms”.  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.  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, April 25 at 8:00 P.M., at Memorial Hall, City Hall, 140 Main Street, Marlborough, MA on the following Definitive Subdivision Plan “Berlin Farms” 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:             Henry and Marlo Renaud
                                        Thomas and Elizabeth Kehoe
                                        226 & 238 Berlin Road
                                        Marlborough, MA 01752

NAME OF ENGINEER:               Central Mass. Engineering & Survey, Inc.
                                        277 Main Street
                                        Marlborough, MA 01752

LOCATION OF PROPERTY:           Five (5) acres of land on the southerly
                                        side of Berlin Road, east of Padula Drive

Robert Parente of Central Mass. Engineering and Survey Company, Inc., on behalf of his client, Berlin Farms Realty Trust, made a brief presentation of the proposed development.

The Planning Board has previously approved a special permit for an “Open Space” subdivision.  The plan calls for a total of six (6) house lots; two existing homes and four new homes.  The property is approximately five (5) acres of which 2.25 acres will be deeded back to the city as open space.

The plan calls for a request of the following waivers:

·       To allow the proposed road to be constructed with sidewalks on the east side only.

Additionally, the plan has been designed to “lane” status of 22’ width as it is only serving four homes.  The grade for the roadway is very flat and although the soil is good, there is a small amount of ledge that will require blasting under the regulations of the State Fire Marshal’s office.

In favor

Michael Padula
250 Berlin Road

Mr. Padula feels that it is a nice plan.  He also wished to verify that the perennial stream does not go onto the Padula land.

Virginia Padula
25 Padula Drive

Mrs. Padula also believes that the plan is a good one.

Henry Renaud
226 Berlin Road

Mr. Renaud is in favor of the proposal.

Elizabeth Kehoe
238 Berlin Road

Ms. Kehoe is in favor of the proposal and believes it to be a reasonable plan of development.

Thomas Kehoe
238 Berlin Road

Mr. Kehoe is in favor of the plan.

In opposition

No one spoke in opposition to the plan.

Mr. Johnson asked about the waivers and also pointed out that the Board would like to see a presentation of a plan that shows what the subdivision would look like without any waivers.  Mr. Parente said he would supply that to the Board.

There being no further discussion, the hearing was closed at 8:15 p.m.

SUBDIVISION PROGRESS REPORTS

Update from City Engineer

Mr. Arsenault had been on vacation so no new report was available.

Shaughnessy Estates II

On a motion by Mr. Johnson, seconded by Ms. Hughes, it was duly voted:

To accept and file the correspondence from Attorney Pezzoni on behalf of his clients and to direct the City Engineer to provide to the developer a memo outlining the dates and numerous blockages alluded to in Assistant City Engineer Temples letter of January 25, 2005 without referencing any names of complainants.

Forest Trail

On a motion by Ms. Hughes, seconded by Mr. Coveney, it was duly voted:

To accept and file the correspondence from Conservation Officer Ryder as outlined in her memo dated April 25, 2005 and to accept her recommendations.  It was furthered voted to express the Board’s disappointment that Mr. Mutti was unable to make the meeting and to remind him that the meets and bounds still appear to missing in the field at some locations and need to be addressed.

Sterling Woods

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 and to notify Attorney Bergeron that the Board agrees that the change proposed is a simple, remedial action on the part of the applicant.

Fahey Street

Assistant City Engineer Temple visited the site but there are a number of questions regarding some impediments on the site.

On a motion by Mr. Johnson, seconded by Ms. Hughes, it was duly voted:

To hold over any further discussion until the next meeting on Monday, May 9, 2005.

PENDING SUBDIVISION PLANS; Updates and Discussions

Old Orchard Heights

On a motion by Ms. Hughes, seconded by Mr. Coveney, it was duly voted:

To accept and file the correspondence from Mr. Poole on behalf of his clients and to extend the time for approval of the subdivision until May 23, 2005.

White Oak Estates

The developer has not yet responded to the Board’s recent correspondence.

SIGNS

Boar’s Nest; Main Street

Building Commissioner Steve Reid made a brief presentation to the Board regarding a new business on Main Street.  He explained that the owner has put up a tasteful display in the windows and normally no permits would be required.  However, while doing an inspection on site he noted that the lettering is on the outside of the glass which now is considered a “flat wall” sign that must conform to the requirements of the sign ordinance.

Ms. Hughes commented that it is very difficult to get reverse lettering signage for interior windows and that would explain why it’s been done the way it has.  Mr. Reid agreed but pointed out that he then discovered that other businesses that he assumed had interior lettering was, in fact, exterior lettering.  By asking the Board to review and grant a variance to the Boar’s Nest we would still be able to enforce compliance on a case by case basis.

It was determined that the Board would visit the site during the next two weeks and make a determination at the next meeting on Monday, May 9, 2005.

Welcome to Marlborough Signs

On a motion by Ms. Hughes, seconded by Mr. Coveney, it was duly voted:

To accept and file the correspondence from City Solicitor Agoritsas and to amend the original variance granted to allow the “Welcome to Marlborough” to replace existing language with the following:

Municipal or any non-profit, fraternal, civic or religious organization with their principal address located in Marlborough, may apply for permission to affix a sign on the “Welcome to Marlborough” signs.  No organization shall be allowed more than two (2) permits in a calendar year.  Signs advertising an event may be affixed no earlier than one (1) week prior to the beginning of said event.  Signs designed for informational purposes shall be allowed to be affixed for a period not to exceed seven (7) days.  Any sign that remains affixed in excess of its designated duration may be removed by the City of Marlborough and said City shall not be liable to the applicant, in any respect, for the removal of said sign.

Application for signs shall be made through the Office of Inspectional Services.

Ms. Hughes also asked Commissioner Reid to look at the following signs for enforcement; the Quizno’s sign on Boston Post Road East and the freestanding sign for Gemini Sign on Lincoln Street as they have moved their operation to Maple Street several weeks ago.  Mr. Reid advised that he is already citing Quizno’s and will take care of the Gemini Sign.

COMMUNICATIONS/CORRESPONDENCE

On a motion by Ms. Hughes, seconded by Mr. Coveney, 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 8:45 p.m.




                        A TRUE COPY
                        ATTEST:         ________________________________
                                                Colleen M. Hughes, Clerk