PLANNING BOARD MINUTES
January 23, 2006
The Planning Board for the City of Marlborough met on Monday, January 23, 2006 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. Hodge was duly voted:
To accept the minutes of the meeting of Monday, January 9, 2006.
Mr. Hanson abstained.
CHAIR’S BUSINESS
Update from City Planner
On a motion by Mr. Johnson, seconded by Mr. Hanson, it was duly voted:
To accept and file correspondence form the City planner on status review of planning initiatives for the City of Marlborough.
Letter from Councilor Katz
On a motion by Mr. Johnson, seconded by Mr. Hanson, it was duly voted:
To accept and file correspondence form the City Councilor Robert Katz regarding his request for a continuance of a public hearing for White Oak Estates as well as to make the public hearing for the first item on the agenda so that several councilors will be able to attend.
Rezoning of 419-435 Lakeside Ave
On a motion by Mr. Hanson, seconded by Mr. Johnson, it was duly voted:
To set public hearing date for rezoning on February 27, 2005 for the rezoning of 419-435 Lakeside Ave, Map 79 Parcel 6. A portion of this property is now zoned Residence A-2 and to be rezoned to Business.
APPROVAL NOT REQUIRED PLAN
Slocumb Lane
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 Slocumb Realty, LLC of 290 Eliot Street, Ashland, Ma 01721. Name of engineer: Thomas Land Surveyors & Engineering Consultants, 265 Washington Street, Hudson, MA 01749.
· That Lot 42B has a lot area of 51053.95 square feet and 180.00 feet of frontage on Slocumb Lane.
· That Lot 43B has a lot area of 47806.34 square feet and 181.65 feet of Frontage on Slocumb Lane.
· Parcel C has 2977.10 square feet and 9.01 feet of frontage, and is not a buildable lot, it is to be transferred and adjoined from lot 43B, Definitive plan of Carisbrooke 11 Dates March 13, 1987, deed book 43031 page 387 cert #23114.
On a motion by Mr. Hanson, seconded by Mr. Coveney, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Slocumb Realty, LLC of 290 Eliot Street, Ashland, MA 01721. Name of Engineer: Thomas Land Surveyors & Engineering Consultants of 265 Washington Street, Hudson, MA 01749. Deed of property is recorded in the Middlesex Registry of Deeds book 43031, page 384. Location and description of property: several parcels of land on Slocumb Lane; property shown on Assessors Map 36 Lot 79.
PUBLIC HEARING
202 Hosmer Street
Please also see Pending Subdivision Plans on 202 Hosmer Street
The Planning Board of the City of Marlborough held a public hearing on Monday, January 23, 2006 at 8:00 p.m. on a Limited Development Subdivision Plan for 202 Hosmer Street. Members present: Chairperson Barbara L. Fenby, Acting Clerk Phil J. Hodge, Edward F. Coveney, Robert Hanson and Clyde L. Johnson. Also present: City Engineer James Arsenault.
Chairperson Fenby introduced the staff and members of the Board and explained the public hearing process. Acting Clerk Mr. Hodge read a copy of the 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, January 23, 2006 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: Robert Cabral
32 Park Street
Marlborough, MA 01752
NAME OF ENGINEER: Foresite Engineering
16 Gleasondale Road
Stow, MA 01775
LOCATION OF PROPERTY: 202 Hosmer Street with 40,069 square feet with an exiting home.
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.
Robert Cabral, the owner of the property at 202 Hosmer Street made a brief presentation on his application.
One waiver is being requested which would be on section IV-2C, property lines at major street address, the developer is asking for a waiver on the left property line to be 0 radius.
In Favor
Susan Sullivan
Zanca Land Survey
Ms. Sullivan believes the waiver the developer is asking for is not an unreasonable request. As well as the turnaround can be fixed in order to be able to give enough clearance for the required roadways.
In Opposition
John Sullivan
22 Eager Court
Mr. Sullivan said since the City Engineering Department has discrepancies in the subdivision plan that this subdivision should be a mute point. Mr. Sullivan’s property does abut 202 Hosmer Street and he is against this subdivision.
Glenn Foley
32 Eager Court
Mr. Foleys property also abuts 202 Hosmer Street via his backyard, in the present condition is all wooded lots. He would prefer not to look at a house when he looks out his back door. He also has concern with the grading issue due to 202 Hosmer sits up a little higher then his grade and all run off would go into his yard. He would like to see the current house that is on the property be restored. He also believes that they do not have enough depth of 150 for zoning sidelines.
Lynn Sullivan
22 Eager Court
Mrs. Sullivan is opposed to the subdivision. She would like to see the “once beautiful” gardens restored.
Ms. Beverly Vlass
14 Eager Court
Ms. Vlass is opposed to the subdivision.
General Comments
Mr. Hodge is not convinced that this could be a Limited Subdivision.
Mr. Cabral came back in front of the board asking for their opinion of what the legal language of the Zoning Ordinance Chapter 200, section 30 on Limited Development Subdivisions. The board requested for Mr. Cabral to find legal councilor on this matter.
On a motion by Mr. Hodge, and seconded by Mr. Hanson, it was duly voted:
To delay any action taken per applicants request till February 13, 2006 until such time the applicant can determine if he has the qualifications for this subdivision.
With there being no further discussion, the hearing was continued at 8:30 p.m.
Continuance of White Oak Estates
This public hearing was continued from December 5, 2005 By Mr. Johnson and Mr. Hanson with all in favor to allow time for Attorney Gadbois and the City Engineer to review the plans. Mr. Gadbois received the plans late this afternoon and did not have a chance to meet the City Engineer. He then asked for a continuance of the public hearing so that he would be able to go over the plans with the City Engineer.
General Comments
Bill Magner
79 Mosher Lane
Mr. Magner is reinforcing his displeasure with this subdivision.
Kyle Magner
79 Mosher Lane
Ms. Magner had addressed several questions to the board. She wants to know what the boards’ plans are for this subdivision and what it intends to do? Chairperson Fenby did let the audience know that we are expecting to have a new City Solicitor and hoping that a fresh pair of eyes will help the board to determine what they can really do.
Rich Carter
621 Sudbury Street
Mr. Carter thinks the board should still deny the plan. He is still showing drainage problems on his property.
Paul Mager
671 Sudbury Street
Mr. Mager asked the board of the statue, which governs all of the Planning Board rules and regulations. The board did inform Mr. Mager that the Subdivision rules and regulations are governed by the state.
Attorney Gadbois should the parties outside of Memorial Hall the plans.
On a motion by Mr. Johnson, and seconded by Mr. Hanson, it was duly voted:
To continue the public hearing until February 13, 2006. The hearing will also be the first item on the agenda to allow the City Councilors enough time to attend the public hearing.
With there being no further discussion, the hearing was continued at 8:45 p.m.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
The Engineer informed that he was working with Mrs. Lizotte on getting a complete list of dates when several subdivisions and trying to complete a list of starting dates and status of subdivision checklist.
Forbes Ave
On a motion by Mr. Hodge, and seconded by Mr. Coveney, it was duly voted:
To accept and file the correspondence from Assistant City Engineer Thomas P. Temple recommending that the developer take the necessary steps to have Forbes Avenue accepted as a public way.
Forest Grove
On a motion by Mr. Hodge, and seconded by Mr. Coveney, it was duly voted:
To accept and file the correspondence from Donald Seaberg regarding a bond continuance in the amount of $200,000 for the Forest Grove Subdivision.
Forest Trail
Attorney Fred Busconi who represents Mr. Mutti spoke on Mr. Muttis behalf regarding a bond release for the Forest Trail subdivision. Attorney Busconi stated that most of the work has been satisfied as well as the taxes have been paid and are current. Chairperson Fenby did read the minutes from December 19, 2005 that no bond for “Parcel B” of Forest Trail shall be released until this following spring until the trees have taken root. As for the roadways have been referred to Engineering for their approval. Regarding the tax titles, Mrs. Lizotte did ask the collectors office prior to the meeting if Mr. Mutti had paid the 2005 taxes on several parcels. As of 6:00pm they were not paid.
On a motion by Mr. Hodge, and seconded by Mr. Johnson, it was duly voted:
To refer the matter to the City Engineer for his further review on the roadway bond only.
Sterling Woods
On a motion by Mr. Coveney, and seconded by Mr. Johnson, it was duly voted:
To accept and file correspondence from City Engineer James Arsenault regarding the detention as built plans for Sterling Woods.
Waters Edge
On a motion by Mr. Johnson, and seconded by Mr. Coveney, it was duly voted:
To refer the matter to the City Engineer for his review and recommendation for the next meeting on Monday, February 13, 2006.
PENDING SUBDIVISION PLANS: Updates and Discussions
Commonwealth Heights
Attorney David Gadbois and Tim Perris of Conorstone Engineering met with the City Engineer on this proposed subdivision. The City Engineer will be preparing for his final review before the next planning board meeting on February 13, 2006.
Mr. Johnson wanted to know if it was possible if the Planning Board would be able to retain their own Licensed Site Professional for soil management at the site. Attorney Gadbois thought it was a reasonable request and will ask his client. Ms. Pricilla Ryder asked Mrs. Lizotte to inform the board that the Board of Health has not reviewed the final comments.
On a motion by Mr. Coveney, and seconded by Mr. Johnson, it was duly voted:
To accept and file correspondence from City Engineer James Arsenault and Assistant City Engineer Thomas Temple regarding the status of this subdivision.
The Residences of Oak Crest
The City Engineer, James Arsenault and the Assistant City Engineer, Thomas Temple have both made their initial reviews of the subdivision plans for The Residences of Oak Crest. They are expecting to have their final comments on February 13, 2006. The Subdivision was submitted to the Planning Board at its October 24, 2005 meeting and the public hearing date was November 21, 2005.
On a motion by Mr. Coveney, and seconded by Mr. Johnson, it was duly voted:
To accept and file correspondence from City Engineer James Arsenault and Assistant City Engineer Thomas Temple regarding the status of this subdivision.
202 Hosmer Street
Assistant City Engineer, Timothy F. Collins reviewed the Limited Development Subdivision of 202 Hosmer Street. His review showed several deficiencies in the proposed Preliminary Plan and the Proposed Limited Development Subdivision in which this fails to meet the guidelines that were set for limited development subdivision.
On a motion by Mr. Hodge, and seconded by Mr. Hanson, it was duly voted:
To delay any action taken per applicants request till February 13, 2006 until such time the applicant can determine if he has the qualifications for this subdivision.
DEFINITIVE SUBDIVISION SUBMISSIONS
Berlin Farms
On a motion by Mr. Coveney, seconded by Mr. Johnson, it was duly voted:
To sign the Covenant for the subdivision know as the Definitive Plan of Berlin Farms Subdivision of Land in Marlborough, MA. Covenanter: Henry Renaud, of 226 Berlin Road, Marlborough, MA 01752 and Thomas Kehoe, of 283 Berlin Road, Marlborough, MA 01752, as trustees of the Berlin Farms Realty Trust. Engineer: Robert Parente, 277 Main Street, Marlborough, MA 01752.
SIGNS
CC Properties
Attorney Bergeron make a brief presentation on behalf of his client CC Properties. CC Properties, LLC main office building is on Route 85 in Hudson, MA with a fairly large triangular portion of the parcel in Marlborough. His client would like to apply for and on-premises sign for the property in Marlborough.
On a motion by Mr. Johnson, seconded by Mr. Coveney, it was duly voted:
To allow this sign be permitted by the Planning Board as long as the current sign is removed.
Airsho
It was brought to the Code Enforcements attention that a local realtor whose owns offices in Marlborough as well as Hudson has been using rear projection to display (Airsho) on the windows of their office in Hudson.
On a motion by Mr. Johnson, seconded by Mr. Hanson, it was duly voted:
To accept and file the correspondence from the Citys Code Enforcement Officer regarding the Airsho information.
INFORMAL DISCUSSION
COMMUNICATIONS/CORRESPONDENCE
On a motion by Mr. Hodge, seconded by Mr. Coveney, 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. Coveney, it was duly voted:
To adjourn at 9:15 p.m.
A TRUE COPY
ATTEST: _____________________________
Acting Clerk, Philip J. Hodge
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