PLANNING BOARD MINUTES
February 13, 2006
The Planning Board for the City of Marlborough met on Monday, February 13, 2006 in Memorial Hall, 3rd Floor, City Hall, Marlborough, MA 01752. Members present: Chairperson Barbara L. Fenby, 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 was duly voted:
To accept the minutes of the meeting of Monday, January 23, 2006.
CHAIR’S BUSINESS
Phil Hodge
On a motion by Mr. Hanson, and seconded by Mr. Johnson, it was duly voted:
To accept and file a letter written by Phil Hodge on the intent of the Limited Development Subdivision.
Bill Pezzoni
On a motion by Mr. Johnson, and seconded by Mr. Coveney, it was duly voted:
To accept and file correspondence from William Pezzoni of Mirick O’Connell regarding his representation of Mauro Farm. The Law Firm Mirick O’Connell represents the city as a special municipal employee dedicated to contract labor issues.
APPROVAL NOT REQUIRED PLAN
Berlin Farms
On a motion by Mr. Hanson, seconded by Mr. Johnson, it was duly voted:
To accept and refer the proposed plan to the City Engineer for his review and recommendation at the next meeting on Monday, February 27, 2006.
PUBLIC HEARING
Mauro Farm
The Planning Board of the City of Marlborough held a public hearing on Monday February 13, 2006 in Memorial Hall per the request of the City Council on the Rezoning of Mauro Farm. In attendance were: Chairperson Barbara L. Fenby, Edward Coveney, 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. Mrs. Lizotte 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, February 13, 2006 at 8:00 P.M., at Memorial Hall, City Hall, 140 Main Street, Marlborough, MA on the following proposed amendment to the Zoning Ordinance:
BE IT ORDAINED BY THE CITY OF MARLBOROUGH, that the Code of the City of Marlborough, Chapter 200-Zoning, Section 08 “Boundaries Established: Zoning Map”, as amended be further amended as follows:
That the land located off Cook Lane, Assessor’s Map 71, Parcel 36, presently Zoned “Business” to be rezoned to “Residence A3”.
Per Order of City Council
#05-1001000
Attorney William Pezzoni on behalf of his client, the Capital Group, made a brief presentation of the proposed Zoning Change. This concept plan showed three different possible concepts and the Capital Group stated the best concept for them was to have the parcel rezoned from business to residence A-3 to do a subdivision with 27 single family homes.
In favor
No one spoke in favor.
In opposition
Kiernan Moore
99 Clearview Drive
Mr. Moore made several comments to this zoning change with his main issue would be traffic. He also expressed concern with there being a possibility of a business use. A business would be minimize traffic. He also had concerns with the cost impact of the schools, trash removal and road repair.
Bruce Gelb
328 Cook Lane
Mr. Gelb has lived on Cook Lane for nearly 20 years. He has is concerned with the traffic with Cook Lane already dubbed as the “Raceway” and being significantly busy road. He also expressed that it was a shame that the City of Marlborough did not purchase this land for city use. He also believes that Marlborough is losing its “town like atmosphere”.
Meg Eisenhower
219 Essex Street
Ms. Eisenhower had several questions that she addressed to Mr. Pezzoni including what kind of business would be allowed back there and what kind of traffic would it create. Mr. Pezzoni did say that the Capital Group could put any kind of business that would be allowed with the zoning requirements. The traffic would depend on the type of business. The Capital Group strongly agrees that a business is not a “good fit” with the residences.
Robert Labossiere
219 Essex Street
Mr. Labossiere wanted to know who the Capital Group was and if they were local to this area. Mr. Pezzoni informed him that the Capital Group is owned by Bill Depietri and their main offices were in Southborough. The Capital Group has been developing homes and parcels for over 20 years. Mr. Labossiere also expressed his concern for the traffic.
Nancy Brooks
97 Cook Lane
Ms. Brooks’ home is directly across from the proposed zoning change. She feels that the zoning change would negatively impact the flow of traffic on Cook Lane. She also feels that this is the only open space in the area. The proposed subdivision would densely populate the already populated area. She believes the space should remain as open space.
Joe Dirico
191 Essex Street
Mr. Dirico stated he has no hard feelings against the Mauro’s. He feels as though the majority of the neighbors do not want another 27 houses in the neighborhood. He would like to find another alternative.
John Sawyer
64 Marlton Drive
Mr. Sawyer expressed his concern for the water table and the watershed area of this parcel. He explained that on White Terrace there is a huge swamp and that there is nowhere for the water to drain. He also wanted to know if there would be a water detention basin.
Alisha LeDuc
180 Essex Street
Mrs. Leduc wanted to know if this was the definite proposal of 27 homes on this parcel. Mr. Pezzoni explained that this was only a concept plan and if possible this is what the developer would do. He then went to explain that with this only being a concept plan and a definitive plan could differ.
James Riley
24 Marlton Drive
Mr. Riley asked Mr. Pezzoni the square footage of the proposed houses. Mr. Pezzoni said they would be close to 2200 square feet. With the current homes in the neighborhood to be an average size of 1200 square feet, he feels that the bigger homes would not be a good fit in with the current homes in the neighborhood.
John Denholm
157 Roundtop Road
Mr. Denholm was concerned that there would be a route through his road for access into the parcel. Mr. Pezzoni confirmed there would not be a road for access through Roundtop Road. Mr. Denholm would rather see single family homes then a business on that parcel.
Robert Patch
22 Sherwood Drive North
Mr. Patch is concerned with how close the new homes will be to his rear property line. Mr. Pezzoni explained that all zoning requirements and subdivision rules and regulations for A3 will be met.
David Barron
166 Essex Street
Mr. Barron asked Mr. Pezzoni if they would be following the City’s subdivisions rules and regulations. Mr. Pezzoni said all rules and regulations plus zoning requirements will be met.
Ms. Fenby did ask the board members if it was possible to walk the site before the next meeting and they would give their opinion at the next meeting on February 27, 2006.
There being no further discussion, the hearing was closed at 8:40 p.m.
Continuance of White Oak Estates
This public hearing was continued from December 5, 2005. At the January 27th meeting the public hearing was continued by motion of Mr. Johnson and Mr. Coveney with all in favor to allow time for Attorney Gadbois and the City Engineer to review the plans. They did meet and several items were addressed.
Attorney Gadbois made a presentation with the new plan showing no waivers required. He showed two houses on a fairly long road, 2 street lights with sufficient width. There would be a detention basin at Concord Road. There would be a retention wall along the property line at least a foot off of the neighbor’s property. They are making the driveway along Gail Bradley’s property located at 1073 Concord Road. The width of the road would be 50’ with sidewalks along both sides.
Attorney Gadbois also stressed that the developer is here to work with the planning board and the neighbors. That is why he came in with a modified plan. If the board feels that they need to rescind the subdivision with the original plans, then they should.
Jim Arsenault also made a point to let the board know that the temporary construction easement agreement has lapsed. This information came from the signed Quitclaim Deeds. Although Mr. Arsenault stated he was no “lawyer” but to him it shows that the agreement for the use of land for a roadway has lapsed and therefore this has made the property a landlocked parcel. The developer should have clear title and not a temporary access agreement.
General Comments
Councilor Robert Katz
Ward 1
Mr. Katz thanked the Planning Board for moving the time of the public hearing so that he and his fellow council members can attend. He was very concerned that the board should be able to look at all sides of the issues. He also believes that the “quality of life” for the neighbors may suffer if this development is allowed.
Bill Magner
79 Mosher Lane
Mr. Magner opined that the access road has expired. To him that meant that there would be no access to the land and it would be landlocked.
Rich Carter
621 Sudbury Street
Mr. Carter commented in previous meetings about water damage to his property from the removal of trees. At the present time the ice and water shed from the runoff of the development is now affecting his property even more. Any more encroachments would further affect his property.
With there being no further discussion, the hearing was continued so the legal department can review documents at 8:45 p.m.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
The City Engineer has informed the board that he was still working on a document with Mrs. Lizotte on all open subdivisions. Mrs. Lizotte informed the board all the document was given back to Mr. Arsenault and he will give the update on all subdivisions at the next meeting.
Waters Edge
On a motion by Mr. Johnson, and seconded by Mr. Coveney, it was duly voted:
To accept and file the correspondence from Assistant Thomas P. Temple regarding the status of this subdivision.
On a motion by Mr. Johnson, and seconded by Mr. Coveney, it was duly voted:
To accept and file the correspondence from Thomas DiPersio regarding the status of the subdivision. They are trying to address the items that were raised by the Assistant City Engineer Thomas Temple.
Forest Trail
Bond Reduction
On a motion by Mr. Hanson, and seconded by Mr. Coveney, it was duly voted:
To accept and file the correspondence from Assistant Thomas P. Temple regarding the status of this subdivision and to recommend the reduction of the bond securing the subdivision from $320,000.00 to $198,000.00 upon condition that all delinquent real estate taxes be paid in full.
PENDING SUBDIVISION PLANS: Updates and Discussions
Commonwealth Heights
Memorandum from Priscilla Ryder
Ms. Ryder outlined several comments that were in her memorandum to Bob Landry, James Arsenault, and Attorney David Gadbois. She listed 5 concerns and Mr. Gadbois said that they will be addressed.
On a motion by Mr. Hanson, and seconded by Mr. Coveney, it was duly voted:
To accept and file correspondence from Priscilla Ryder, the City of Marlborough Conservation Commissioner, regarding the subdivision soil management plan.
Soil Management Plan
In a letter to the Planning Board, Mr. Landry, the City’s Board of Health Administrator, has accepted the soil management plan for this subdivision. The board of health will again continue to secure the services of an independent Licensed Site Professional.
On a motion by Mr. Hanson, and seconded by Mr. Coveney, it was duly voted:
To accept and file correspondence from Mr. Landry regarding the soil management plan for this subdivision.
The Residences of Oak Crest
This subdivision is still under review by the Engineering Department. The Assistant City Engineer, Thomas Temple sugeested to the developer of two waivers that the planning board needs to review. The first being why the developer believes a Comparative Impact Analysis is not required. With the second being a typical cross section of the paving requirements (26’ of pavement vs. 28’).
On a motion by Mr. Coveney, and seconded by Mr. Hanson, 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.
On a motion by Mr. Johnson, and seconded by Mr. Hanson, it was duly voted:
To retain the roadway to 32’ and not the asking of 26’.
White Oak Estates
Comments from City Engineer
On a motion by Mr. Johnson, and seconded by Mr. Coveney, it was duly voted:
To accept and file correspondence from City Engineer James Arsenault and refer all documents to the City Solicitor for his review and response before the next meeting on February 27, 2006.
Letter from Attorney Bergeron
On a motion by Mr. Johnson, and seconded by Mr. Coveney, it was duly voted:
To accept and file correspondence from Attorney Arthur Bergeron transmitting his letter to Mrs. Kyle Magner regarding with this subdivision.
DEFINITIVE SUBDIVISION SUBMISSIONS
202 Hosmer Street
On a motion by Mr. Johnson, and seconded by Mr. Hanson it was duly voted:
To accept and file the correspondence from Robert Cabral withdrawing his request for a limited development subdivision at 202 Hosmer Street.
SIGNS
Real Estate Signs
The Citys Code Enforcement Officer, Pamela Wilderman, sent correspondence to the Mayor regarding real estate signs. The signs are constant enforcement action due to the lengthy sign ordinance prohibiting use of portable signs and the use of off-premise signs. She has asked several of the local real estate offices for input on amending a minor piece of the sign ordinance so that the City can move in the right direction with the war on signs.
To accept and file the correspondence from Pamela Wilderman regarding the minor change to the sign ordinance.
INFORMAL DISCUSSION
Thomas Callahan
Ringold Street
Mr. Callahan wanted to know the board’s thoughts on the possibility of finishing Ringold Street to possibly add another house lot on the end. This has been before the board before with Jon Grasso trying to develop the parcel. Mr. Johnson asked to have a copy of all documents pertaining to this parcel for the next meeting.
On a motion by Mr. Johnson, and seconded by Mr. Hanson it was duly voted:
To table this discussion until the next meeting date of February 27, 2006 until all documents have been reviewed.
COMMUNICATIONS/CORRESPONDENCE
On a motion by Mr. Johnson, 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, Robert Hanson
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