PLANNING BOARD MINUTES
October 3, 2005
The Planning Board for the City of Marlborough met on Monday, October 3, 2005 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Chairperson Barbara L. Fenby, Philip J. Hodge, Edward Coveney, Robert Hanson and Clyde L. Johnson. Also present: City Engineer James Arsenault.
MINUTES
Minutes not available from the meeting of August 29, 2005
CHAIR’S BUSINESS
Discussion of Scenic Roads
Correspondence from Chris White, Citys’ Tree Warden on two A &R Lots 520 Pleasant Street. The board would like more clarification on the state law and what action the city took.
On a motion by Mr. Johnson, seconded by Mr. Hanson it was duly voted:
To ask Mr. White for more clarification on the state law.
Resignation of Ms. Hughes
On September 15, 2005 the Mayor received Ms. Hughes resignation. Mrs. Lizotte informed the Board that the Mayor is aware of the two board seats are open. Mr. Hodge would not like to replace the clerk position until the board has filled the two open seats.
Christopher Mutti et al v. Planning Board
Mr. Hodge read the documents provided. Jonathan D. Eichman of Kopelman and Paige, P.C. will be representing the Planning Board. John P. Connelly and Richard L. Nahigian of Peabody and Arnold will be representing Mr. Mutti. No trial date has been set.
APPROVAL NOT REQUIRED PLAN
MacKay Drive
A review of the plan shows the following:
· That the plan shows a subdivision of land on a plan “Plan of Land in Marlborough”, currently owned by Roger J. And Emma M. Leblanc, 244 Glen Street, Marlborough, MA 01752. Name of engineer: Atlas Land Surveyors, 8 Moore Lane, Northborough, MA 01532.
· That Lot 1A has a lot area of 22,135 square feet and 109.69 feet of frontage on Glen Street.
· That Lot 4A has a lot area of 13,898 square feet and 121.60 feet of frontage on Mackay Drive
· Parcel A has 5,490 square feet and no frontage, and is not a buildable lot is to be transferred and adjoined from old lot 1, plan #437 of 1976, deed book 13381 page 521, owned by Leblanc, to old lot 4, plan #198 of 97, deed book 40900 page 384, owned by Tzimoulis, to create new lots.
On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Roger J and Emma M Leblanc of 244 Glen Street, Marlborough, MA 01752. Name of Engineer: Atlas Land Surveyors, 8 Moore Lane, Northborough, MA. Deed of property is recorded in the Middlesex Registry of Deeds book 25788, page 285. Location and description of property: several parcels of land of Glen and Mackay Streets; property shown on Assessors map 89 lots 9A and 73.
West Ridge Estates
The board members decided not to take action on the ANR plans. The members were concerned with lot shape. No action was taken.
Union Street
A review of the plan shows the following:
· That the plan shows a subdivision of land on a plan “Plan of Land in Marlborough”, currently owned by Paul Caragain, 51 Union Street, Marlborough, MA 01752. Name of Engineer: Connorstone Inc, 276 West Main Street, Northborough, MA 01532.
· That lot 13-2 has a lot area of 1,202 square feet and 10 feet of frontage.
· That lot 14-1 has a lot area of 11,319 square feet and 100 feet of frontage.
· That lot 14-2 has a lot area of 901 square feet and 0 feet of frontage.
· That lot 15-1 has a lot area of 39,167 square feet and 180 feet of frontage.
· That lot 15-2 has a lot area of 4,279 square feet and 0 feet of frontage.
· That lot 16 has a lot area of 1,126,787 square feet and 0 feet of frontage.
· That lot 16-2 has a lot area of 8,015 square feet and 100 feet of frontage.
· Lot 13-2 appears to be a portion of a previous slot that was taken by the City. This lot is considered to be a separate buildable lot, however this lot meets ANR and is proposed to be joined with lot 14-1.
· Lot 14-1 is currently not to be considered a buildable lot. However, this lot meets ANR and will be a buildable lot once joined with lot 13-2 if the residence A-3 zoning is used. (A-2 frontage requires 120 feet)
· Lot 14-2 is currently not to be considered a buildable lot and will be combined to lot 15-1. However, this lot meets ANR and is proposed to be joined with lot 15-1.
· Lot 15-1 currently meets ANR requirements.
· Lot 15-2 currently is not to be considered a buildable lot. However this lot meets ANR and is proposed to be joined with lot 16.
· Lot 16 currently meets all ANR requirements.
· Lot 16-2 currently is not to be considered a buildable lot. However, this lot meets ANR and is proposed to be joined with lot 15-1.
On a motion by Mr. Hanson, and seconded by Mr. Johnson, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Paul Caragian of 51 Union Street, Marlborough, MA 01752. Name of Engineer: Connorstone Inc., 276 West Main Street, Northborough, MA. The deeds of property is recorded in the Middlesex Registry of Deeds Book 9563 page 592 for lot 13-2, Deed Book 30401 page 486 and Deed Book 9563 page 594 for lots 14-1 and 14-2, Deed Book 25427 page 292 for lot 15-1 and Deed Book 9513 page 294 and Deed Book 9513 page 294 and Deed Book 9963 page 48 for lot 16. Location and description of property: several parcels of land located on Union Street, property shown on Assessor Map 44 Lots 15, 15 and 16.
Onamog Street
A review of the plan shows the following:
· That the plan shows a subdivision of land on a plan “Plan of Land in Marlborough”, currently owned by Frank Herring of 48 Onamog Street, Marlborough, MA 01752. Name of engineer: Bruce Saluk & Associates 576 Boston Post Road East, Marlborough, MA 01752.
· That Lot 1 has a lot area of 13,936 square feet and 143 feet of frontage on Onamog Street.
· That Lot 2 has a lot area of 12,528 square feet and 126 feet of frontage on Onamog Street.
On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Frank Herring of 58 Onamog Street, Marlborough, MA 01752. Name of Engineer: Bruce Saluk. Deed of property is recorded in the Middlesex Registry of Deeds book 41608, page 201 and Deed Book 20501, page 270. Location and description of property: several parcels of land on Onamog Street; property shown on Assessors map 81 lots 265 and 268.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Arsenault would like the board to review the changes to the Subdivison Rules and Regulations. There are several changes he would like to vote on at the next meeting. The rules and regulations that need to be voted on were given to each member at the end of the meeting.
Sterling Woods
The developer, Mr. Ansari, was present at the meeting. He stated that the work has not started yet. He also stated the work would be done no matter what. In a realistic timetable the work, once started should take 10 days.
On a motion by Mr. Hanson seconded by Mr. Hodge, it was duly voted:
To refer the matter to the next meeting in which Mr. Ansari should have shown, in good faith, that finishing of the subdivision would be completed.
Indian Hill Park and Cider Mill Estates
On a motion by Mr. Johnson, seconded by Mr. Hanson, it was duly voted:
To accept and file the letter from the City Engineer James Arsenault to grant an eight month extension of these subdivisions.
Metro Park
On a motion by Mr. Hodge, seconded by Mr. Coveney, it was duly voted:
To accept and file the correspondence from Attorney Bergeron regarding to the rescind of the Metro Park Definitive Subdivision.
On a motion by Mr. Hodge, seconded by Mr. Coveney, it was duly voted:
To rescind the approval of the Metro Park Definitive Subdivision. This definitive subdivision was approved on March 7, 2005.
Davis Estates
On a motion by Mr. Johnson, seconded by Mr. Hanson, it was duly voted:
To accept and file correspondence from Attorney Cipriano requesting that a performance bond amount to be established, and refer the correspondence to the City Engineer for his review and recommendation at the next meeting, Monday, October 24, 2005.
Forest Grove
This was just a brief discussion on the correspondence that the planning board received from City Solicitor Agoritas regarding the City Council Order No. 05-10887B authorizing acceptance of land located off of Ewald Avenue relative to the Forest Grove Open Space Development.
O’Leary’s Landing
On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:
To accept and file correspondence from C. Bradley Bumpus requesting a change in his site plan for the retention pond. Mr. Bumpus would like to install a 4-foot fence around this pond instead of the plan that showed a 6-foot fence. The board granted the approval of the change as long as the plantings are kept away from the fence for a safety issue.
PENDING SUBDIVISION PLANS; Updates and Discussions
White Oak Estates
On a motion by Mr. Johnson, seconded by Mr. Hodge, it was duly voted:
To accept and file correspondence from James Agoritas, the City Solicitor, on the planning boards questions on White Oak Estates, if they will be able to appeal the City Clerks approval of this subdivision. The board has asked for the City Solicitor to appear at the boards next meeting on October 24, 2005 to clarify his letter.
Berlin Farms
Mr. Hanson excused himself on any discussion due to family members being involved.
On a motion by Mr. Coveney, seconded by Mr. Hodge, it was duly voted:
Mr. Parente asked for an extension for the signing of the subdivision to the next meeting on October 24, 2005. The plans were left with the City Engineer, as he was not able to review the plans before the meeting.
SIGNS
Rocco’s
Attorney Bergeron represents Ernie House Real Estate. The real estate office would like to erect a 50 sq foot sign, which will include a 15 sq foot message board. Attorney Bergeron has also asked to define the language of use for the term Façade. The board took the following action:
The definition of façade according to the Sign Ordinance is “That portion of the building wall containing the main exterior public entrance to (1) or more business establishments within, which corresponds to the width of the interior space occupied by the business establishment or establishments measured at said entrance level only”.
1. On a motion by Mr. Hodge and seconded by Mr. Hanson, it was duly voted:
To ask Mr. Reid, The Building Commissioner, to attend the next meeting on October 24, 2005 to clarify the term Façade in terms of the sign ordinance.
2. On a motion by Mr. Coveney, seconded by Mr. Hanson, it was duly voted:
To grant a variance for the sign ordinance to allow a total of 50 square feet of signage including a 15 square foot message board as described in the in the application.
Hanson Farms
In a letter to the Planning Board, Ms. Wilderman, The City’s Code Enforcement Officer, asked the board to rescind the variance that was given to Hanson Farms. The sign itself has been in violation of their variance for a few years.
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To rescind the sign variance for Hanson Farms.
Walgreens
Walgreens is looking for a variance on an additional 6 square feet for the led readerboard. The readerboard was originally denied by the Building Commissioner for too much square footage for the sign. The board wanted to know if it was possible to change the size of wording for the readerboard to be in compliance. The representative from the sign company was going to ask the sign contractors if it was possible.
On a motion by Mr. Johnson, seconded by Mr. Hodge it was duly voted:
To delay the vote until the next meeting.
Best Western Temp Sign
Mr. Martin puts on a yearly collectors show at the Best Western Royal Plaza Hotel and Trade Center. His shows are often held in the hotel ballrooms and not at the trade center. For the last several years he has put a sign out on the day of the show to let his customers know where he is located. He is asking the board if it would be possible to grant him a one-day temporary directional sign.
On a motion by Mr. Hodge, seconded by Mr. Hanson it was duly voted:
To refer the vote to the next meeting on October 24, 2005 and have Mr. Martin provide better information on the sign and its location.
INFORMAL DISCUSSIONS
Old Orchard Estates
Mr. Poole brought a newly drawn set of plans to the board. The previous sets of plans were showing drainage issues. In this new plan the lots of have been reduced to a single lot in which will meet all the necessary minimums. If Mr. Poole formally submits a new plan the planning board can set a new public hearing date.
Space Age Electronics
Attorney Bergeron gave a brief discussion on the pending special permit for the old Marlborough Wire Goods Building currently being used by Space Age Electronics. Fairbanks Development LLC is looking to convert this building to an artist living/work space. Since this use will be a zoing change the City Councils Urban Affairs Committee requested the opinion of the current proposal.
COMMUNICATION AND/OR CORRESPONDENCE
On a motion by Mr. Hodge, seconded by Mr. Johnson, 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 the meeting at 9:30 p.m.
A TRUE COPY
ATTEST: _____________________________
Phil Hodge, Acting Clerk
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