PLANNING BOARD MINUTES
April 10, 2006
The Planning Board for the City of Marlborough met on Monday, April 10, 2006 at the Council on Aging, 250 Main Street, Marlborough, MA 01752. Members present: Chairperson Barbara L. Fenby, Acting Clerk Phil Hodge, Robert Hanson, Clyde L. Johnson and Sean N. Fay. Also present: City Engineer James Arsenault.
MINUTES
On a motion by Mr. Hanson, seconded by Mr. Fey it was duly voted:
To accept and file the minutes of the meeting of Monday, March 27, 2006.
CHAIR’S BUSINESS
Letter from City Council
The City Council has set a public hearing date of May 8, 2006 to have a public hearing for two parcels located at 130A Cook Lane and 130B Cook Lane. The homeowners are looking to rezone both parcels from “Business” to “Residential A3”. The Board will hold a public hearing on May 8, 2006 at 8 p.m.
APPROVAL NOT REQUIRED PLAN
202 Hosmer Street
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To accept and refer the plan to the City Engineer for his review and recommendation at the next meeting on Monday, April 24, 2006.
Mr. Glen Foley of 32 Eager Court had a question regarding this ANR plan of Hosmer Street. Since in the past the owner has tried to subdivide this property, he wanted to know if this was the way around the rules to put a house onto this property. Mr. Arsenault explained that ANR means Approval Not Required and they need approval for separating the two lots. Since the new lot would not meet zoning standards as a buildable lot it would require a zoning board of appeals variance before a building would be allowed.
Robin Hill Street
On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:
To accept and refer the plan to the City Engineer for his review and recommendation at the next meeting on Monday, April 24, 2006.
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To send a letter to both ANR applicants to request their presence at the next planning Board meeting so the can discuss with the board their ANR plans.
PUBLIC HEARING
8:00 Limited Development Subdivision “Hosmer Street”
The Planning Board of the City of Marlborough held a public hearing on Monday, April 10, 2006 at 8:00 p.m. on a Limited Development Subdivision Plan “Hosmer Street”. Members present: Chairperson Barbara L. Fenby, Acting Clerk Philip Hodge, Robert Hanson, Clyde Johnson and Sean N. Fay. Also present: City Engineer James Arsenault.
Chairperson Fenby introduced the staff and members of the Board and explained the public hearing process. Acting Clerk 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, April 10, 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: Lucille Cooney Robert & Sandra Delesky
502 Hosmer Street 492 Hosmer Street
Marlborough, MA 01752 Marlborough, MA 01752
NAME OF ENGINEER: Thomas Land Surveyors
265 Washington Street
Hudson, MA 01749
LOCATION OF PROPERTY: Two Parcels located on the west side of Hosmer Street
Thomas Dipersio of Thomas Land Surveyors, on behalf of his clients, Lucille Cooney and Robert and Sandra Delesky, made a brief presentation of the proposed development.
The Planning Board has seen this subdivision before as Old Orchard Heights where the developer was asking for a definitive subdivision. The property owners are now seeking to do a Limited Development Subdivision, asking for one new lot.
In Favor
James Metivier
18 Baldwin Ave
Mr. Metivier is in favor of this proposed plan and asked if only one lot was possible and what setbacks were going to be required under the zoning rules. Ms. Fenby did answer that one new lot is all they are asking for this subdivision and that the current zoning rules and regulations are going to determine where a house will be placed.
Steve Taylor
41 Baldwin Ave
Mr. Taylor asked the possibility of the owners coming back in several years and adding more lots then just the one lot. Mr. Hodge let Mr. Taylor know they were only asking for the single lot at the moment and that any further lots would have to go through the process of a subdivision. Mr. Arsenault also mentioned that this plan meets all dimensional requirements for the current zoning of property.
In Opposition
Donald Ackroyd
522 Hosmer Street
Mr. Ackroyd is opposed to this plan. He has known his neighbors for over 38 years and as they are good neighbors, he would like the property to remain the same. He asked a several questions including if one house was granted what prevents them selling and the new owners doing a new subdivision. He also asked if the road was going to be a driveway or a road. Ms. Fenby answered that it would be a driveway and not a road. He also asked the board about the possibility of him and his neighbor doing the same since they have similar lots. Mr. Hodge answered with it would be possible if the lots to be created meet the same criteria for a limited development subdivision.
General Comments
James Metivier
18 Baldwin Ave
Mr. Metivier mentioned that the drainage is poor on this side of Hosmer Street along with Stevens Street. When it snows heavily ice dams are formed causing problems with the roads and driving conditions become dangerous.
The City Engineer is well aware of the existing problems on both streets and that this will all be taken into consideration.
There being no further discussion, the hearing was closed at 8:20 p.m.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
The City Engineer gave comments regarding the Old Orchard Estates subdivision (LDS for Hosmer Street). This was a letter from Assistant Civil Engineer Tim Collins regarding the need for a preliminary plan and several waivers that would be required. Tom Dipersio, the owner’s engineer, has not seen this letter yet and had no remarks to make.
On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:
To send a letter to the developer with Mr. Collins’ comments.
Forest Trail
Mr. Richard L. Nahigian, Attorney for Mr. Mutti, is requesting on his behalf of his client the parcel “B” bond be released. The board has sent a letter to both Mr. Mutti and Mr. Nahigian explaining that the bond will be not released until taxes are current and until the trees in question have fully leafed out. Another letter to both Mr. Mutti and Mr. Nahigian explaining the reasoning for the board not to release any monies until taxes have been paid as well as the full leafing of the trees will be sent.
PENDING SUBDIVISION PLANS: Updates and Discussions
PRELIMNINARY/ OPEN SPACE SUBDIVISION SUBMISSIONS
DEFINITIVE SUBDIVISION SUBMISSIONS
Commonwealth Heights
There were not enough members who were present who attended public hearing to take a vote at this meeting.
SIGNS
CVS
Letter from Councilor Clancy and Councilor Pope
Both councilors are opposed to CVS moving the sign. They are opposed to moving the freestanding sign with L.E.D. board because they are trying to change the appearance of this area and that moving the sign will make an impact in doing so. They both asked for the Board to deny the request.
On a motion by Mr. Johnson and seconded by Mr. Hanson, it was duly voted:
To accept and file correspondence from Councilor Clancy and Councilor Pope.
Moving of the Sign
Mr. Bob Connors who represents Karnak Realty who owns the plaza where CVS is located has been before the board back in November of 2005 stating that the sign where it is presently located cannot be seen in the spring, summer and fall months when the trees are in bloom. Mr. Connors has asked if was possible to move the sign to a designated location which was agreed on by both the Planning Board and the Conservation Commission.
On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:
To grant the moving of the sign to its designated position, as well as to thank Mr. Connors for his cooperation in the process.
On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:
To send correspondence back to the City Councilors that if they disapprove of LED boards that they should change the language in the Citys Sign Ordinance.
INFORMAL DISCUSSION
COMMUNICATIONS/CORRESPONDENCE
On a motion by Mr. Johnson, seconded by Mr. Fey, 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. Fey, it was duly voted:
To adjourn at 8:30 p.m.
A TRUE COPY
ATTEST: _____________________________
Acting Clerk, Philip J. Hodge
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