PLANNING BOARD MINUTES
May 23, 2005
The Planning Board for the City of Marlborough met on Monday, May 23, 2005 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Chairperson Barbara L. Fenby, Acting Clerk Philip J. Hodge, Robert Hanson and Clyde L. Johnson. 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 May 9, 2005.
PUBLIC HEARINGS
8:00 p.m. Proposed Zoning Change; Industrial District
There was not an appropriate quorum for this hearing. The topic will be on the next agenda.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Due to a medical emergency, there was no update from the Engineer’s office. Mrs. Wilderman did advise the Board, however, that city solicitor had sent correspondence to the City Council regarding the acceptance of Forbes Avenue.
Shaughnessey Estates II
Mrs. Wilderman advised that she had been in contact with Mr. Franchi’s office and his attorney and had been assured that they are simply waiting for the testing company to give them a date.
Forest Trail
On a motion by Mr. Hanson, seconded by Mr. Hodge, it was duly voted:
To accept and file the following correspondence:
· from Attorney Richard L. Nahigian requesting a 24 month extension of the subdivision
· from Conservation Officer Priscilla Ryder concerning outstanding issues on the site
· from Assistant City Engineer Thomas Temple concerning outstanding issues on the site.
Mr. Johnson wished to be on record as taking exception to Attorney Nahigian’s statement, “Despite the Planning Board’s perception of what has occurred previously”, as insulting and unnecessary.
The Board is concerned with the issues from both the Conservation Officer and the Assistant City Engineer. They are not inclined to grant a lengthy extension. Attorney Fred Busconi asked to address the Board and pointed out the difficulties that Mr. Mutti is experiencing getting financing if the Board continues to issue short approvals.
On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:
To grant a ninety (90) day extension of the subdivision approval from June 1, 2005 and to advise counsel for all parties that the Board will look favorably on a one year extension should the developer address the Conservation Officer’s concerns within this extension period.
Sterling Woods
Due to some misunderstanding on the part of the developer Mr. Arsenault asked that the topic be continued until the next meeting.
Fahey Street
Mrs. Wilderman and Mr. Arsenault explained to the Board that a plan of the site shows two encroachments on an existing sewer easement. One is a patio which, unfortunately, was shown on the approved site plan. The other is a fence that is actually on the property behind this subdivision at 35 Orchard Street. There does appear to be some relatively new fencing but the fence surrounds an in ground pool that has been in existence since the 80’s.
It was determined that the Board should not delay work with Mr. White for encroachments that were either previously approved or not on his property. However, the Board did have some concern that the individuals involved be made aware that if the City needs to access that sewer line they might have to impact either of the encroachments.
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To advise the Engineering Department to continue with their review of bond reduction and subdivision acceptance and to notify the individuals with encroachments of their liability.
PENDING SUBDIVISION PLANS; Updates and Discussions
Old Orchard Heights
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To accept and file the correspondence from Steven E. Poole on behalf of his client, and to extend the time for consideration of this plan until June 30, 2005.
Berlin Farms
Mrs. Wilderman advised the Board that engineering comments have been submitted to the developer but no drainage reports have been received. Mr. Parente advised that he will submit to engineering and conservation within the next day.
White Oak Estates
Acting Clerk Hodge read correspondence from the City Engineer in which he advised that the developer still had not submitted a plan that meets all of the regulations. The plan submitted shows a 40’ layout instead of the required 50’ layout. The Board advised that they cannot advise the developer on the waivers without first seeing a plan that shows the subdivision in complete compliance. (It was later determined that the requirement for a limited 500’ length on the cul-de-sac could be eliminated from the plan as the Board is considering eliminating that requirement in the current Subdivision Rules and Regulation review).
There was a brief discussion with the developer and his engineer on the requirement. They will return to the next meeting on June 13, 2005 with the corrected plan.
COMMUNICATIONS/CORRESPONDENCE
On a motion by Mr. Hodge, seconded by Mr. Hanson, 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 8:30 p.m.
A TRUE COPY
ATTEST: _____________________________
Philip J. Hodge, Acting Clerk
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