PLANNING BOARD MINUTES
JUNE 27, 2005
The Planning Board for the City of Marlborough met on Monday, June 27, 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. Johnson, seconded by Mr. Hanson, it was duly voted:
To accept and file the minutes of the meeting of May 23, 2005.
CHAIR’S BUSINESS
Condominium Conversion proposal
Planning Director Lima has provided the City Council with a comparison matrix for the existing condominium conversion ordinance versus what has been proposed. Chairperson Fenby suggested that each member read their copies and notify Mr. Lima if they have any questions, comments or suggestions.
APPROVAL NOT REQUIRED PLANS
53 Second Road
A review of the plan shows the following:
· That the plan shows a subdivision of land on a plan “Plan of Land in Marlborough, MA”, currently owned by Laurie C. Sordillo, 53 Second Road, Marlborough, MA 01752. Name of engineer: Inland Survey, Inc., dba Zanca Land Surveying, 16 Gleasondale Road, Suite 1-2, Stow, MA 01775.
· That Lot 130A has a lot area of 28,029 square feet and 150 feet of frontage on Second Road.
· That Lot 130A contains the existing home, pool, shed and fence.
· That Parcel 130B contains 39, 891 square feet and has no frontage on any public way.
· That Parcel 130B is not to be considered an independent building lot.
· That no determination of compliance with zoning regulations has been made or is intended.
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Laurie C. Sordillo, 53 Second Road, Marlborough, MA 01752. Name of Engineer: Inland Survey, Inc., dba Zanca Land Surveying, 16 Gleasondale Road, Stow, MA 01775. Deed of property recorded in South Middlesex Registry of Deeds book 26162, page 256. Location and description of property: located at 53 Second Road; property shown on Assessors map 06, parcel 030.
PUBLIC HEARING
Due to the delay in holding the public hearing, the City Council’s Urban Affairs committee voted this proposal out to the full council to deny the application. No further action is required by the Planning Board.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
The City Engineer provided the Board with the latest subdivision update report. Mrs. Wilderman advised that there had been correspondence from Assistant Civil Engineer Timothy Collins regarding the increase in roadway entrance fees but due to advice from the City Solicitor it was determined that the City should not pursue collection of the increased fees.
Shaughnessy Estates
Mr. Arsenault advised that they have not yet had the opportunity to review the video tape of the sewer line as no copy has been delivered. Correspondence will be send requesting copies be sent to the City Engineer for review.
Sterling Woods
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 request that a bond amount of $89,000.00 be posted to secure the reconstruction of the detention basin in this subdivision.
Fahey Street recommendation for bond reduction
Mr. Arsenault and Mrs. Wilderman advised the Board that there was a misunderstanding regarding the sewer easement for which there are encroachments. The Board had previously been under the assumption that the sewer easement was an existing one that had old encroachments. The abutter was advised of the encroachment and its possible ramifications if work was required by the City in that area.
However, the Board has now been advised that the easement was part of the original subdivision plan and, in fact, the abutting property was under Mr. White’s control during the time of the construction.
On a motion by Mr. Hodge, seconded by Ms. Hughes, it was duly voted:
To accept and file the correspondence from Assistant City Engineer Thomas P. Temple and to defer further consideration of this request until such time as the issues have been addressed to everyone’s satisfaction. Documentation will also be sent to the City Solicitor for his review and recommendation as well.
Forbes Avenue
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To accept and file the correspondence from the City Council regarding the acceptance of Forbes Avenue and to refer the matter to the City Engineer for his review and recommendation at the next meeting on Monday, July 25, 2005.
Acre Bridge Estates
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To accept and file correspondence from Mr. Garafalo requesting that a bond amount be established, and to refer the correspondence to the City Engineer for his review and recommendation at the next meeting on Monday, July 25, 2005.
Millham Woods
On a motion by Mr. Johnson, seconded by Mr. Hanson, it was duly voted:
To accept and file the correspondence from City Solicitor Agoritsas regarding the return of the remaining bond, and to recommend that that the remaining bond amount, $6,000.00, be returned immediately to the developer. The developer’s representative will utilize the funds to file the required documents with the Registry of Deeds or Land Court as applicable.
Shorter Street
Mrs. Wilderman explained that there was an issue during the review of the subdivision plan that requires some roadway work to be done. If the full extent of that work is completed per the plans a neighbor will lose a substantial amount of his driveway. Apparently the builder has spoken with Mr. Temple at the Engineering Office regarding this issue but was unavailable this evening.
On a motion by Mr. Johnson, seconded by Mr. Hodge, it was duly voted:
To refer the matter to the City Engineer for his review and recommendation at the next meeting on Monday, July 25, 2005.
PENDING SUBDIVISION PLANS: Updates and Discussions
Old Orchard Heights
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To accept and file the correspondence from Stephen Poole of Consolidated Design Group, Inc. and to extend the time for consideration of this plan to July 30, 2005.
White Oak Estates
Copies of the engineering comments to the developers engineer were read into the record. Mr. Arsenault advised the Board that the comments had also been sent to Mr. Saluk via email. Neither the developer nor his engineer were available for comment.
On a motion by Mr. Johnson, seconded by Mr. Hanson, it was duly voted:
To deny approval of a plan of land entitled White Oak estates submitted by Chestnut Farms Development Corporation, 269 Mechanic Street, Marlborough, MA 01752. Denial is based upon the following:
· Plan was formally presented to the Planning Board to schedule a public hearing at their meeting on Monday, February 14, 2005.
· A public hearing was held and closed on Monday, March 14, 2005.
· Correspondence has been forthcoming from both the Engineering Department and the Planning Board regarding the plan deficiencies (as recently as this date, June 27, 2005) with inadequate response.
· Neither the developer or his engineer was available to discuss the matter at this meeting
· June 27, 2005 represents day 133 of the allowed 135 days for approval and no extension has been requested by the developer.
Several members of the audience asked the Board to clarify the decision and to thank them for their decision. Additionally, they asked if the Board could consider the condition of the parcel as it contains old construction material, 55 gallon drums of unknown material, trailers, trash, etc. Mrs. Wilderman explained that the Board would only have authority if the property was an active subdivision but that the Inspectional Services office would have authority under the blight ordinance and she will refer the matter to them.
SIGNS
Pop Warner Football
Chairperson Fenby explained that she spoke with Mr. Carter of the Marlborough Pop Warner organization and advised him of the requirements for the signage. As their sign up is this weekend it is no longer necessary to consider the request.
Mass. Association of Emergency Management Professionals
As they did last year, the Chairperson for the CERT Family Day, scheduled for September 10, 2005, has sent a request for off-premise directional signs that will be erected the morning of the event and removed immediately following the event.
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To grant the request of MAEMP for the signs for September 10, 2005 and to express the Board’s appreciation for the professionalism and attention to detail provided by this entity.
There was a brief discussion regarding some of the non-compliant signs throughout the City, such as the signs for the new Quizno’s on Boston Post Road East. Mrs. Wilderman explained that Mr. Lane of the Inspectional Services Office has spoken with them as recently as the week before but they will look into the issue of a vehicle being used as a sign again.
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.
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: ___________________________
Colleen M. Hughes, Clerk
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