PLANNING BOARD MINUTES
May 9, 2005
The Planning Board for the City of Marlborough met on Monday, May 9, 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.
MINUTES
On a motion by Ms. Hughes, seconded by Mr. Johnson, it was duly voted:
To accept and file the minutes of the April 25, 2005.
APPROVAL NOT REQUIRED PLAN
Pleasant Street
A review of the plan showed the following:
· That the plan shows a transfer of land on a plan, “Plan of Land in Marlborough, Massachusetts”, currently owned by Pleasant Street Nominee Trust, c/o Dan Aho, P.O. Box 54, Ridge, NH 03461; name of Engineer: Robert Parente, 15 Hickory Road, Southborough, MA 01772 and is comprised of Parcel A and Lot 2A.
· That Parcel A is not to be considered an independent building lot and is shown for descriptive purposes only.
· That Parcel A is to be deeded from Rainbow Builders to Richard and Elfried Pierce.
· That Lot 2A includes 7.20 acres and has one house under construction. Due to wetlands and riverfront construction it is anticipated that only the one house will be constructed.
On a motion by Ms. Hughes, seconded by Mr. Johnson, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Pleasant Street Nominee Trust, C/O Dan Aho, P.O. Box 54, Ridge NH 03461. Name of Engineer: Robert Parente, 15 Hickory Road, Southborough, MA 01772. Deed of property recorded in Middlesex South Registry of Deeds book 43285, page 164. Location and description of property: 7.20 acres on the northerly side of Pleasant Street showing parcel A to be deeded to abutter.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
The update was unavailable for this evening.
Shaughnessey Estates II
On a motion by Mr. Johnson, seconded by Ms. Hughes, it was duly voted:
To accept and file the correspondence from City Engineer James Arsenault regarding the issues with the main sewer line at this subdivision and to maintain this item on the agenda until such time as the video work is completed.
Forest Trail
The Board is concerned that the developer’s approval of this site is rapidly reaching its end date and they are concerned that the lots are being sold but no further action is being taken to complete the subdivision requirements. Additionally, they are concerned that they have received a note from one of the abutter’s indicating that there is rock crushing going on at the site as well.
On a motion by Mr. Johnson, seconded by Ms. Hughes, it was duly voted:
To direct both the City Engineer and the Conservation Officer to visit the site and file a comprehensive report for the next meeting on Monday, May 23, 2005, outlining the current condition of the site and exactly what needs to be done to complete this subdivision correctly.
Sterling Woods
On a motion by Mr. Hanson, seconded by Mr. Johnson, it was duly voted:
To accept and file the correspondence from Attorney Bergeron regarding a bond amount for the detention basin remediation plan and to refer the request to the City Engineer for his review and recommendation at the next meeting on Monday, May 23, 2005.
Fahey Street
On a motion by Ms. Hughes, seconded by Mr. Hanson, it was duly voted:
To accept and file the correspondence from City Engineer James Arsenault and to recommend that the bond securing the subdivision not be reduced until such time as the matter of encroachments upon the city easements are addressed. Mr. Arsenault was also directed to advise Mrs. Wilderman of the encroachments so that the Inspectional Services office can review the work and cite if necessary.
PENDING SUBDIVISION PLANS: Updates and Discussions
Old Orchard Heights
Consideration of this subdivision has been extended until May 23, 2005.
White Oak Estates
Both the developer, Michael O’Malley and his engineer, Bruce Saluk from Bruce Saluk and Associates, were in attendance to review the plan with the Board.
On a motion by Ms. Hughes, seconded by Mr. Hanson, it was duly voted:
To accept and file the correspondence from Gail Bradley of 1073 Concord Road regarding her concerns with the proposed development, and from Mr. O’Malley regarding the proposed sewer connections.
The Board was concerned that a meeting was apparently held with the developer, Assistant Engineer Temple and DPW Commissioner LaFreniere regarding the direction of the sewer connection in the City Engineer’s absence and that the DPW preferred the plan that would have the sewer system crossing into the Forest Trail subdivision through the “no disturb” zone and “perimeter buffer” zone.
The Board directly Mrs. Wilderman to check with DPW Commissioner LaFreniere to verify that the statements in Mr. O’Malley’s memo of May 5, 2005 accurately reflects the meeting that took place.
Mr. Saluk made a brief presentation of the plan showing the difference of the roadway width and some other issues requiring waivers. They did not, however, provide an index plan that shows the subdivision as it would be constructed meeting all of the subdivision rules and regulations. They will have available at the next meeting on Monday, May 23, 2005.
Chairperson Fenby asked some of the people in the audience which project they were in attendance for and they explained that they were concerned with the project under discussion. They asked if they could comment and Ms. Fenby agreed as long as they stated their name and address.
William Magner, Jr
79 Mosher Lane
Mr. Magner is also very concerned that the developer had a meeting without the City Engineer in attendance. He believes that the developer has self imposed hardships and for that reason the city should not be asked to issue waivers.
Paul J. Mager
671 Sudbury Street
Mr. Mager bought his home from the developer and also believes that any hardship is self imposed and should not be alleviated by waivers from the subdivision rules and regulations.
Chairperson Fenby disallowed any further discussion or debate on the issue. The Board will review the index plan showing the subdivision as it would look meeting all of the regulations at its next meeting.
SIGNS
Boar’s Nest Main Street
The new owner of the Boar’s Nest sandwich shop at 205 Main Street apologized to the Board for missing the last meeting and for putting up the signs without realizing that by putting them on the outside of the glass impacted the allowed signage.
The members agreed that the signage looks find but that it may present a problem in the future as the signage will begin to peel and fade as it weathers.
On a motion by Mr. Hodge, seconded by Ms. Hughes, it was duly voted:
To grant a two (2) year variance from the sign regulations to allow the additional signage to remain with the understanding that once its useful life has expired the owner will replace the signage on the inside of the glass.
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To advise the Chamber of Commerce of the regulations so that they can notify their members as a courtesy.
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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