PLANNING BOARD MINUTES
July 25, 2005
The Planning Board for the City of Marlborough met on Monday, July 25, 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. Hodge, it was duly voted:
To accept and file the minutes of the meeting of Monday, June 27, 2005.
CHAIR’S BUSINESS
ADA Compliance sidewalks
Mr. Arsenault advised the Board that both Mr. Collins and Mr. Temple of his office have attended training sessions recently dealing with the issues of handicap accessibility and subdivisions and have found the rules to be more stringent than originally thought. The Board will have to be cautious on any future subdivision approval where there is a request for relief on slope percentages. It will be necessary for anyone requesting relief from those regulations to also receive a variance from the Architectural Access Board.
The Board also discussed getting back to the subdivision rules and regulation review. Mr. Hodge asked that we schedule a meeting sometime in August and that we pull out the sections that would deal with the accessibility issues first. Mr. Arsenault will look at the appropriate sections of the rules and Mrs. Wilderman will schedule the next meeting.
Notice from the City Council re: advertising costs
The City Council recently issued an order advising that the cost of all advertising required for licensing or permitting be the responsibility of the petitioner. Mrs. Wilderman advised the Board that the Planning Board already does the advertising that way.
Lot release: Royce Road
Correspondence from Attorney Christopher Flood indicates that the lot release for a lot from a 1953 subdivision was never filed and he has asked the Board to re-sign the prepared document.
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To authorize Chairperson Fenby to sign the prepared Certificate of Performance or Guarantee.
APPROVAL NOT REQUIRED PLAN
Juniper Farm Road Hudson
A review of the plan shows the following:
· That the plan show a re-configuration of lot lines on a plan entitled; “Plan of Land in Hudson and Marlborough, MA”, owned by J.R.R.B.C. Inc., AKA Juniper Farms & Bolton Oil, Inc., Juniper Road, Hudson, MA. Name of Engineer: Thomas Land Surveyors, 118 Forest Avenue, Hudson, MA 01749. The plan is comprised of nine (9) parcels.
· That none of the lots are to be considered buildable lots in the City of Marlborough
· That none of the lots have frontage in the City of Marlborough
· That the plan was reviewed and signed by the Town of Hudson Planning Board on July 19, 2005
· That no determination as to compliance with zoning requirements has been made or intended by either Board.
On a motion by Mr. Hanson, seconded by Mr. Johnson, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Juniper Farms, John and Mary Loureiro, Juniper Road, Hudson, MA 01749. Name of Engineer: Thomas Land Surveyors and Engineering Consultants, Inc. Deed of property is recorded in the Middlesex Registry of Deeds book 10320, page 20. Location and description of property: several parcels of land in Hudson which also contains property in Marlborough, located on Juniper Hill Road.
Re-signature of Plan at Pleasant and West Hill Road
Attorney Bergeron explained that the original ANR plan that was signed on August 31, 2004, was never filed with the Registry of Deeds. The deal with that potential buyer has fallen through and the new purchaser needs to show that all the appropriate documents were properly filed prior to closing. Mr. Hodge was the original signatory on the plan and will sign again at the conclusion of the meeting.
PUBLIC HEARING
8:00 p.m. Limited Development Subdivision: 571 Concord Road
The Planning Board of the City of Marlborough held a public hearing on Monday July 25, 2005 in Memorial Hall on the application for a special permit to allow a Limited Development Subdivision. In attendance were: Chairperson Barbara L. Fenby, Clerk Colleen M. Hughes, Philip J. Hodge, Robert Hanson and Clyde L. Johnson. Also present: City Engineer James Arsenault.
Chairperson Fenby opened the hearing at 8:00 p.m., introduced the members of the Board and staff and gave a brief overview of the public hearing process. Clerk Hughes read a copy of advertisement into the record.
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, July 25, 2005 at 8:00 P.M., at Memorial Hall, City Hall, 140 Main Street, Marlborough, MA on the following Application for a Special Permit for a Limited Development 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: Karl H. Kurbs
571 Concord Road
Marlborough, MA 01752
NAME OF ENGINEER: Guerard Survey Co. & Associates, Inc
11 Summer Street
Westborough, MA 01581
LOCATION OF PROPERTY: 571 Concord Road as 3.75 acres with existing
dwelling
A plan of the proposed subdivision is on file in the City Clerk's Office, the Planning Board Office, and the City Engineer's Office and may be seen prior to the public hearing.
Karl H. Kurbs, the owner of the property at 571 Concord Road, make a presentation on his application. Unfortunately, there was some confusion and Mr. Kurbs engineer was not present. Mr. Kurbs explained that there is sufficient lot area and frontage to meet the requirements of the Limited Development Subdivision Rules and Regulations. The engineers have provided a plan for a subdivision that shows that a subdivision could be constructed, meeting all of the subdivision rules and regulations.
In Favor
Patricia Mulvey
571 Concord Road
Ms. Mulvey believes that this is a good plan for the City as it limits the number of homes that could be created on the parcel. It allows for the construction of a single home with a maximum of green space.
In Opposition
No one spoke in opposition.
The City Engineer indicated that he had reviewed the plan as a subdivision plan and the alternative as a limited development subdivision would be a much better plan. He will review the submittal before the next meeting.
There being no further discussion, the hearing was closed at 8:10 p.m.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
There was no updated map available for this meeting. However, the City Engineer agreed to investigate and pressure the “Fiddlehead” developers to close out the subdivision.
Shaughnessey Estates II
Mrs. Wilderman advised that she spoke with the developer this afternoon and they have not yet received the entire tape. As soon as they have received, they will contact engineering to review it.
Sterling Woods
The bond amount has been approved by the Board. The developer’s attorney is attempting to work out an agreement regarding utilizing some of the outstanding bond monies from the original subdivision.
Fahey Street
Mr. White is continuing to make arrangements to remove the encroachments to the site.
Forbes Avenue
This issue was dealt with at the last meeting and should have been removed from the agenda.
Acre Bridge Estates
On a motion by Ms. Hughes, seconded by Mr. Johnson, it was duly voted:
To accept and file the letter from Assistant City Engineer Thomas P. Temple (and amended by City Engineer James Arsenault) regarding the amount of the bond required to secure the release of lots in the referenced subdivision and to recommend that a bond amount of $125, 000.00 be posted to secure the release of lots in the referenced subdivision, pending approval to form by the City Solicitor.
Forest Trail
On a motion by Mr. Hanson, seconded by Ms. Hughes, it was duly voted:
To accept and file the correspondence from Conservation Officer Priscilla Ryder and to advise all members to visit the site prior to the next meeting as the subdivision extension will be running shortly after that meeting.
Deerfield Run
Attorney Gadbois had a brief discussion with Ms. Fenby regarding the detention basin at this subdivision. Unfortunately Mr. Gadbois is still tied up with the City Council but it was explained that there is a questions regarding the location of the required fencing for the basin.
On a motion by Mr. Hanson, seconded by Mr. Johnson, it was duly voted:
To refer the matter to the City Engineer for his review and recommendation for the next meeting on Monday, August 29, 2005.
Shorter Street
The subdivision was purchased by Patrick Tucci, a local contractor who has completed the single house. There had been considerable discussion during the course of the original subdivision review regarding the width of the roadway and how that would affect abutters utilizing the roadway. Because the roadway has never been completed to standard, there has been encroachment into the roadway of driveways, etc.
Mr. Tucci, on behalf of the neighbors, is asking to the Board to consider whether the roadway as now completed, is sufficient for the purposes of both the new homeowner and emergency services. Mr. Tucci is clear that he is willing to complete the subdivision as approved but that he is only asking for the neighbors.
On a motion by Mr. Johnson, seconded by Mr. Hanson, it was duly voted:
To refer the matter to the City Engineer for his review and recommendation at the next meeting on Monday, August 29, 2005 and to have members visit the site for themselves to also review the completed site.
PENDING SUBDIVISION PLANS; Updates and Discussions
Old Orchard Heights
On a motion by Mr. Johnson, seconded by Mr. Hodge, it was duly voted:
To accept and file the correspondence from Stephen E. Poole, P.E. requesting an extension for consideration of the application and to extend consideration of this project until August 31, 2005.
White Oak Estates
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To accept and file the correspondence from Attorney George F. Hailer, claiming approval because the time had exceeded 135 days.
Mrs. Wilderman advised the members that the mail from Attorney Hailer had crossed in the mail with the Board’s letter of denial. The date of the start of the review period was February 14, 2005, not the February 10th date attorney Hailer was using. Additionally, as the proponent never filed the plan or documents with the City Clerk’s office, he is ineligible for any approval of this plan as verified with the City Solicitor.
Berlin Farms
There was a brief discussion of the required buffer zones for an open space subdivision. As was discussed during the special permit process, it was determined that no additional buffer would be required at the Padula Street side of the project as there is already a strip of land adjacent to Padula Street that is non-buildable land. Before the next meeting the Board asked if Mr. Parente could take some pictures showing the existing tree line.
On a motion by Mr. Hodge, seconded by Ms. Hughes, it was duly voted:
To accept and file the correspondence from Robert Parente, and to extend the time for consideration of this proposal until September 12, 2005.
DEFINITIVE SUBDIVISION SUBMISSIONS
Commonwealth Heights
A public hearing date of August 29, 2005 at 7:30 p.m. was set for this project in order to allow Councilor Schafer to attend.
SIGNS
Illegal off-premise signs chained to public property
There was a brief discussion of the apparent proliferation of off premise signs chained and locked to public property in traffic islands. The organizations have either not applied at all for a variance or permission of any kind or have had a discussion with the Board, been denied, and opted to erect the signs anyway.
Apart from the violation of the sign ordinance, Board members feel that these advertisements, in many cases, impact sidewalk access or vehicle visibility and pose a potential danger.
The Planning Board asked if Mr. Reid’s office could begin ticketing the worst offenders in an effort to stop any further increase in these types of signs.
INFORMAL DISCUSSIONS
ZBA Variance 69 Amory Road
An individual from 69 Amory Road has applied to the Zoning Board of Appeals for a variance from the regulations controlling the Floodplain and Wetland Protection District by erecting a 7’ X 21’ deck with the district. A 30’ setback is required and the homeowner has proposed a 15’ setback. The Zoning Board of Appeals must receive comments and/or recommendations from the Planning Board prior to their public hearing which is scheduled for mid August.
The members of the Board will visit the site on their own during the next week and notify the secretary of their opinions.
Chairperson Fenby explained that, in the same vein, she is concerned with the number of changes taking place along the lake with encroachments such as these and extremely large houses. She asked that Conservation Officer Ryder be asked to attend our next meeting, if possible, to discuss these developments.
Discussion of Web site applicant
There was a brief explanation of the process by which individuals can respond on the web site if they are interested in serving on any Boards or Commissions or if they are interested in any volunteer work.
The Board asked the secretary to notify the individuals who have responded to submit resumes and to attend the next meeting on August 29, 2005 to see whether this is something for which they would be interested.
COMMUNICATION AND/OR 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 8:35 p.m.
A TRUE COPY
ATTEST: _____________________________
Colleen M. Hughes, Clerk
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