PLANNING BOARD MINUTES
December 5, 2005
The Planning Board for the City of Marlborough met on Monday, November 7, 2005 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Chairperson Barbara L. Fenby, Acting Clerk Philip J. Hodge, Edward Coveney, 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 the minutes of the meeting of Monday, November 21, 2005.
CHAIR’S BUSINESS
Report from the Community Planner
Mr. Al Lima had a detailed report that was addressed the activities of the Department of the Community Development.
On another note, Mr. Hodge also noted to the board that at the Community Development Association will be holding a meeting on Thursday December 8, 2005 that the Code enforcement officer, Pam Wilderman, will bet the guest speaker.
APPROVAL NOT REQUIRED PLAN
Cedar Hill 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”, dated November 15, 2005, currently owned by Scott Anderson, Cedar Marlborough Realty Corp., 437 Boylston Street, Boston, Ma. 02116. Name of engineer: GLM Engineering Consultants, Inc., of 19 Exchange Street, Holliston, MA 01746.
· That Lot 1R has a lot area of 199,766 square feet and 424398 feet of frontage on Cedar Hill Street.
· That Lot 2R has a lot area of 223,768 square feet and 190.57 feet of frontage on Cedar Hill Street
It was duly noted that the board had concerns about the odd shape lot. As well considering the current zoning ordinance on this lot.
On a motion by Mr. Hodge, seconded by Mr. Coveney, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Scott Anderson of 437 Boylston Street, Boston, MA 02116. Name of Engineer: GLM Engineering Consultants, Inc., of 19 Exchange Street, Holliston, MA 01746. Deed of property is recorded in the Middlesex Registry of Deeds book 26586, page 285. Location and description of property: 260-270 Cedar Hill Street and 274 Cedar Hill Street. The said property is shown on Assessors map 115 lots 7 and 7A.
Mr. Hanson abstained from voting.
PUBLIC HEARING
8:15 Definitive Subdivision “Residences of Oak Crest”
Public Notice
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, December 5, 2005 at 8:15 P.M., at Memorial Hall, City Hall, 140 Main Street, Marlborough, MA on the following Definitive Subdivision Plan “White Oak Estates” 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: Chestnut Farms Development Corporation
269 Mechanic Street
Marlborough, MA 01752
NAME OF ENGINEER: Bruce Saluk and Associates, Inc.
576 Boston Post Road East
Marlborough, MA 01752
LOCATION OF PROPERTY: 5.64 Acres of land currently shown as two
Lots as Assessors Lot 19c & 19 on Map 10
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.
Attorney Gadbois spoke on behalf of his Client Mr. O’Malley. Attorney Gadbois asked the board if they would consider at holding the hearing at a later date due to the lack of knowledge of the impending subdivision. He was trying to suggest a meeting between the developer and the City Engineer would allow for some of the technical issues to be resolved.
Mr. Hodge believes there can be some reasonable approach to be able to work through the differences and hopefully come to resolve or improve some of the waivers.
In favor
No one spoke in favor of the plan.
In opposition
Bill Magner
79 Mosher Lane
Mr. Magner understood that the subdivision was approved due to a clerical error and stated that nothing was “fixed”. He stated that he “does not know how anything could change” with the current subdivision that was already approved. He believes it will be another disaster.
Richard C. Carter
621 Sudbury Street
Mr. Carter had stated that he is having a lot of serious problems with the water damage he has sustained from all the blasting that occurred from the current open space subdivision. He is trying to understand why the City is allowing all these subdivisions and encroachments. He believes he is being a “captive victim”.
Kyle Magner
79 Mosher Lane
Mrs. Magner asked if the same plan was being submitted. She was not clear on how the process worked and if the public hearing was for the board to open up the subdivision hearing again to get a definite no.
The Board members explained the reason to reopen the public hearing was to allow the developer to come back to the board and find a reasonable solution that perhaps everyone can agree upon.
With there being no further discussion, the hearing was continued at 8:30 p.m.
On a motion by Mr. Johnson, seconded by Mr. Hanson, it was duly voted:
To continue the public hearing until the second meeting in January. The date will be scheduled after the first if the year. This will allow time for Attorney Gadbois to be caught up on the plans as well as the City Engineer.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Arsenault was able to give the board a detailed subdivision report at the meeting. The board members were able to see what stages the subdivisions are at this present time.
Indian Hill & Forest Grove
On a motion by Mr.Coveney, seconded by Mr. Johnson, it was duly voted:
To accept and file correspondence from Thomas Temple, Assistant City Engineer regarding the denial of reducing the bond amounts until such time of as-built plot plans, acceptance plans and legal descriptions for each subdivision has been submitted to the engineering office.
Forest Trail
Letter from Priscilla Ryder
On a motion by Mr. Johnson, seconded by Mr. Hanson it was duly voted:
To accept and file correspondence from Priscilla Ryder regarding the tree “status”.
Request for Extension
On a motion by Mr. Hanson, seconded by Mr. Coveney it was duly voted:
To accept and file the correspondence from Richard L. Nahigian on behalf of Christopher Mutti, asking to extend his subdivision for another three months.
Letter from Tom Temple
In this letter Mr. Temple was willing to reduce the bond of $320,000.00 to $198,000.00 which excluded the $36,000.00 bond release for tree replacement. This letter has explained to the board the requirements in which Mr. Mutti needs to be before he can complete the subdivision.
On a motion by Mr. Hodge, seconded by Mr. Johnson it was duly voted:
To reduce the bond from $320,000.00 to $198,000.00.
On a motion by Mr. Johnson, seconded by Mr. Hanson it was duly voted:
To reconsider the previous vote when we have further confirmation from City Engineering regarding the status of the completion of the subdivision schedule.
Parcel “B” Bond Release
Mr. Mutti asked that the parcel “B” bond be released. On the meeting of November 21, 2005 it was referred to the Engineering Department.
On a motion by Mr. Hodge, seconded by Mr. Hanson it was duly voted:
To table the decision until the next meeting on December 19, 2005.
Also several of the residents of the Forest Trail asked to speak at this meeting:
Mrs. Kyle Magner
79 Mosher Lane
Mrs. Magner wanted to know if the reduction of the bond would cover the costs of completing the subdivision. She also informed the board with regards to the watering of the trees that the water was coming from 89 Mosher Lanes irrigation system. She also believes that after talking with a neighbor that the trees in question were never replanted and that they were indeed the same trees.
Mr. Richard C. Carter
621 Sudbury Street
Mr. Carter spoke of his continuing ground water problems he has been experiencing ever since this subdivision has started the blasting work. Mr. Arsenault is going to go over his property with Mr. Carter.
Acre Bridge Estates
On a motion by Mr. Johnson, seconded by Mr. Hodge, it was duly voted:
To accept and file correspondence from Stephen Garofalo, on a bond release for this subdivision and it was referred to the City Engineer for recommendation.
PENDING SUBDIVISION PLANS: Updates and Discussions
The Residences of Oak Crest
Correspondence from City Engineer
The board members will read the documents outside the meeting.
Plan Review
The board members will read the documents outside the meeting.
DEFINITIVE SUBDIVISION SUBMISSIONS
SIGNS
Bushell Piano Movers
Mr. Bushell is looking for more signage for his business located at 796 Boston Post Road East.
On a motion by Mr. Hanson, seconded by Mr. Johnson it was duly voted to:
To refer this matter to the next meeting while the members will go visit this site and look at the current signage.
IC Chorus Non Profit Sign
The Assabet Valley Mastersingers had asked the board for a variance on their “A” frame sign to be displayed at the corner of the Walker Building on Main Street.
On a motion by Mr. Johnson, seconded by Mr. Hanson it was duly voted:
To DENY the variance for the “A” frame sign due to it being an off premise sign and an illegal “A” frame sign. However the board did agree that he may display the sign in front of the Immaculate Conception Church as long as it was properly weighted down.
Walgreens
The City Code Enforcement Officer noticed that the message board for Walgreens sign was changing more then the city code allows. She did notify the manager of Walgreens what the proper requirements were according to the city code.
On a motion by Mr. Johnson, seconded y Mr. Coveney it was duly voted:
To accept and file correspondence from Ms. Wilderman regarding the Walgreens message board sign.
Waters Edge Walking Trail
Tom Temple received a letter from the developer of the subdivision letting him know that the sign for the walking trail will be reinstalled.
INFORMAL DISCUSSION
660 Robin Hill Street
Mr. Richard McCarthy is proposing to subdivide the lot into two lots. With doing so he wanted to know what the board thought of his plan to subdivide the current lots into two. The board members will be visiting the site before the next meeting.
202 Hosmer Street
Mr. Cabral came before the board and asked them if it was a possibility if the board would consider a parcel of land at 202 Hosmer Street to be subdividable. The Board gave Mr. Cabral several suggestions on how to go about finding a civil engineer and the engineer could make that determination.
Renaissance Lofts
Attorney Bergeron gave a quick presentation on the artist lofts to be built at 406 Lincoln Street. That building is currently being used by Space Age Electronics. The Board was very enthusiastic with the new use and will look forward to the new development.
COMMUNICATIONS/CORRESPONDENCE
On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:
To accept all of the items listed under communications and/or correspondence.
On a motion by Mr. Johnson, seconded by Mr. Hanson, it was duly voted:
To adjourn at 9:30 p.m.
A TRUE COPY
ATTEST: _____________________________
Acting Clerk Philip J. Hodge
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