PLANNING BOARD MINUTES
February 27, 2006
The Planning Board for the City of Marlborough met on Monday, February 27, 2006 in Memorial Hall, 3rd Floor, City Hall, Marlborough, MA 01752. Members present: Chairperson Barbara L. Fenby, Philip J. Hodge, Edward Coveney, and Clyde L. Johnson. Also present: City Engineer James Arsenault.
MINUTES
On a motion by Mr. Johnson, seconded by Mr. Coveney was duly voted:
To accept the minutes of the meeting of Monday, February 13, 2006 with noted changes.
CHAIR’S BUSINESS
Mauro Farm
Letter from Joseph DiRico
Mr. DiRico’s letter was read into record by Mr. Hodge. He wanted to express to the board to deny the rezoning request.
On a motion by Mr. Johnson, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence from Mr. DiRico.
Letter from Mary O’Malley
Mrs. O’Malley’s letter was read by Mr. Hodge into the record. She was expressed in her letter her displeasure if the rezoning request is granted. She would rather see Mauro stay open space than have the possible development in her backyard.
On a motion by Mr. Johnson, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence from Mrs. O’Malley.
On a motion by Mr. Johnson, seconded by Mr. Hodge it was duly voted:
To send correspondence to the Mayor and City Council to inquire possibility of ever being able to purchase the property for the City’s use before the board gives recommendation of rezoning this parcel.
On a motion by Mr. Johnson, seconded by Mr. Coveney, it was duly voted:
To reconsider the previous vote so the board can discuss with Mayor Nancy Stevens the possibility of ever being able to purchase the property.
Mayor Nancy Stevens and Mr. Donald Rider, the City Solicitor joined the meeting to answer questions from the board members. Mayor Stevens stated that the opportunity to purchase this parcel was before the previous Mayor and the City Council in early 2005. The City Council did not act upon this purchase. Mayor Stevens does intend to send down any suggestions to the City Council to purchase the property if it were to become available due to a lack of funds for purchase. Mr. Hodge, Mr. Johnson and Dr. Fenby all agreed that the parcel would be a great for a non profit use if the land ever became available. Donald Rider, the City’s Solicitor, stated once the City had the legal right to purchase the parcel under chapter 61A and choose not to do so. At this time the owners of the parcel are in a private sale and the city has no right to
interfere in a private sale.
On a motion by Mr. Hodge, seconded by Mr. Coveney it was duly voted:
To send correspondence to the City Solicitor asking advice if the city could renegotiate to purchase the land if it was ever again became available for purchase.
APPROVAL NOT REQUIRED PLAN
Boston Scientific Way
On a motion by Mr. Hodge, seconded by Mr. Coveney, 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, March 13, 2006.
Slocumb Lane
On a motion by Mr. Hodge, 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, March 13, 2006.
Slocumb Lane
On a motion by Mr. Hodge, 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, March 13, 2006.
Berlin Farms
A review of the plan showed the following:
· That the plan shows a transfer of land on a plan, “Plan of Land in Marlborough, Massachusetts”, currently owned by Berlin Farms Reality Trust, c/o Henry Renaud, 226 Berlin Road, Marlborough, MA 01752; name of Engineer: Robert Parente, 15 Hickory Road, Southborough, MA 01772. The parcels are designated as parcel “A” and parcel “B”.
· That Parcel A has a lot area of 1.4 acres and 30.65 feet of frontage on Berlin Road.
· That Parcel B has a lot area of 2.98 acres and 41.26 feet of frontage on Berlin Road.
The parcels A and B meet the requirements of the “approval under subdivision control law is not required” Chapter 41, section 81X, MGL since no subdivision of the lots is being created. The intension of the ANR plan is to join the lots A and B joined to create the Berlin Farms Subdivision area.
There is a not sating “Parcels A & B are not to be considered independent building lots” therefore this gives the intension described above and qualifies as an 81X plan.
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 Berlin Reality Trust c/o Henry Renaud of 226 Berlin Road, Marlborough, MA 01752. Name of Engineer: Robert Parente of 226 Hickory Road, Southborough, MA 01772. Deed of property is recorded in the Middlesex Registry of Deeds book 24860, page 002 and book 35312, page 160. Location and description of property: parcels of land on Berlin Road property shown as on Assessors map 41 lot 30 and map 54 lot 6.
PUBLIC HEARING
419-435 Lakeside Ave
The Planning Board of the City of Marlborough held a public hearing on Monday February 27, 2006 in Memorial Hall per the request of the City Council on the Rezoning of 419-435 Lakeside Ave. In attendance were: Chairperson Barbara L. Fenby, Philip J. Hodge, Edward Coveney, 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. Mr. Hodge read a copy of advertisement into the record.
Notice is hereby given that the Planning Board of the City of Marlborough will hold a public hearing on Monday, February 27, 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 at 419-435 Lakeside Avenue, Assessor’s Map 79, Parcel 6, presently Zoned “Residence A-2” to be rezoned to “Business”.
Per Order of City Council
#06-1001031
Attorney Arthur Bergeron made a brief presentation to the board regarding this zone change. When the zoning ordinance came into requirements there was a time section of this parcel that was zoned residence. With this existing building being demolished The owner would like to have this entire parcel changed to the business zone.
In Favor
No one spoke in favor.
In Opposition
No one spoke in Opposition
On a motion by Mr. Hodge, seconded by Mr. Johnson it was duly voted:
To make a recommendation to City Council for the parcel to rezoned from “Residence A-2” to “Business” zone and to recommend that the tiny adjoined silver of land to also become business
zone if the owner has no objection.
Continuance of White Oak Estates
This public hearing was continued from December 5, 2005. At the February 13, 2006 meeting the public hearing was continued by motion of Mr. Johnson and Mr. Hanson with all in favor to allow time for the City Solicitor Don Rider to review the files and give his opinion on how the board should be able to proceed on this subdivision.
On a motion by Mr. Johnson, seconded by Mr. Coveney it was duly voted:
To continue this meeting until March 13, 2006 to allow the City Solicitor additional time to review the file.
General Comments
Kyle Magner
79 Mosher Lane
Mrs. Magner presented to the board more documents regarding the temporary easement agreement between Benjamin and Stacey Resinkoffs at 1061 Concord Road and Nancy O’Malley. The Resinkoffs had an temporary access agreement that since has expired.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
The City Engineer informed the board his is still working on his list of subdivisions for the board.
Cider Mill Estates
On a motion by Mr. Hodge, seconded by Mr. Coveney it was duly voted:
To accept and refer the correspondence from Donald Seaberg of Benchmark engineering to the City Engineer for his recommendation regarding the bond amount for Cider Mill Estates.
Forest Trail
Mrs. Lizotte informed the board that the taxes for the parcels still in question have not been paid.
Country Club Estates
On a motion by Mr. Hodge, seconded by Mr. Johnson it was duly voted:
To accept and file the order of acceptance of Robert Road and Knight Way and grant of municipal easements in the Country Club Subdivision and to recommend the acceptance to the City Council.
PENDING SUBDIVISION PLANS: Updates and Discussions
Commonwealth Heights
Letter from Priscilla Ryder
On a motion by Mr. Johnson, and seconded by Mr. Coveney it was duly voted:
To accept and file correspondence from Priscilla Ryder regarding the erosion control plan of the Commonwealth Heights subdivision.
Extension
On a motion by Mr. Johnson, and seconded by Mr. Coveney it was duly voted:
To accept and file the correspondence from Attorney David Gadbois on behalf of his client, and to extend the time for consideration of this plan until March 13, 2006.
Signing of plan
Mr. Hodge, Mr. Johnson, and Dr. Fenby voted in favor of:
Approving the Definitive Plan of Land entitled “Commonwealth Heights” owned by Marlborough/Northborough Land Realty Trust, 1 Wall Street, Burlington, MA 01803. Name of Engineer: Connorstone Engineering, 276 West Main Street, Northborough, MA 01532. The Planning Board will endorse the definitive plans after the twenty (20) day appeal period, provided no appeal has been recorded and a covenant has been submitted and approved by the Planning Board.
This Vote was continued to March 13, 2006 when the other board member is eligible to vote.
The Residences of Oak Crest
Correspondence from City Engineer
On a motion by Mr. Johnson, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence from City Engineer James Arsenault regarding the status of the subdivision and asking for the developer to request a waiver for the Comparative Impact Analysis.
Correspondence from Developer
On a motion by Mr. Hodge, seconded by Mr. Johnson it was duly voted with Dr. Fenby in opposition:
To grant a waiver from the Subdivision Rules and Regulations, Section III.A.2 (k) – Comparative Impact Analysis will not be required due to less then 10 lots.
Signing of Approval
On a motion by Mr. Johnson, seconded by Mr. Hodge it was duly voted:
To approve the Definitive Plan of Land entitled “The Residences of Oak Crest” owned by Laurie A. Sordillo, 53 Second Road, Marlborough, MA 01752 and Mary E. Saaristo, 30 Grove Street, Hudson, MA 01749. Name of Engineer: Forsite Engineering, 16 Gleasondale Road suite 1-1, Stow, MA 01775. The Planning Board will endorse the definitive plans after the twenty (20) day appeal period, provided no appeal has been recorded and a covenant has been submitted and approved by the Planning Board.
White Oak Estates
Correspondence from City Solicitor
On a motion by Mr. Johnson, seconded by Mr. Hodge it was duly voted:
To accept and file correspondence from Donald Rider, the City’s Solicitor, on his receipt of information regarding White Oak Estates and his opinion at the boards next regularly scheduled meeting.
Extension
On a motion by Mr. Johnson, and seconded by Mr. Hodge it was duly voted:
To accept and file the correspondence from Attorney David Gadbois an extension request on behalf of his client, and to extend the time for consideration of this plan until May 1, 2006.
DEFINITIVE SUBDIVISION SUBMISSIONS
202 Hosmer Street
This should have been deleted on the agenda.
SIGNS
109 Mill Street
Mr. Kraft is looking to add some signage to his existing site at 109 Mill Street. The board advised Mr. Kraft that his signage would have doubled the existing signage that he is allowed. Mr. Kraft withdrew his application for his variance.
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 9:30 p.m.
A TRUE COPY
ATTEST: _____________________________
Acting Clerk, Philip Hodge
| 