PLANNING BOARD MINUTES
May 8, 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. Johnson, seconded by Mr. Hodge it was duly voted:
To accept and file the minutes of the meeting of Monday, April 10, 2006.
CHAIR’S BUSINESS
Letter from City Council
Correspondence from Chris White
On a motion by Mr. Johnson, seconded by Mr. Hanson it was duly voted:
To accept and file correspondence from Chris White, The City of Marlborough’s’ tree warden, on an emergency cutting of a tree at 120 Bigelow Street. Bigelow Street is on a scenic way.
APPROVAL NOT REQUIRED PLAN
202 Hosmer Street
On a motion by Mr. Johnson, seconded by Mr. Hodge, it was duly voted:
To accept and file correspondence from Robert Cabral stating that he would have not been able to make the meeting on April 24, 2006 and that his Engineer would be attending in his place.
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 Robert J. Cabral of PO BOX 803, Hudson, MA 01749. Name of engineer: Inland Survey, Inc of 16 Gleasondale Road, Stow, MA 01775.
· That Lot 1 has a lot area of 12,656 square feet and 102.00 feet of frontage on Hosmer Street.
· That Parcel A has a lot area of 30,044 square feet and 53.34 feet of Frontage on Hosmer Street.
On a motion by Mr. Hodge, seconded by Mr. Johnson, with Mr. Hanson abstaining; it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required while noting Parcel A is not meet current requirements of a building lot and plan submitted by owner so indicates of Robert J. Cabral of PO BOX 803, Hudson, MA 01749. Name of Engineer: Inland Survey of 116 Gleasondale Road, Stow, MA 01749. Deed of property is recorded in the Middlesex Registry of Deeds book 46683, page 184. Location and description of property: several parcels of land on Hosmer Street; property shown on Assessors Map 45 Lot 51.
Robin 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”, currently owned by Mary A. Marcotte, 660 Robin Hill Street, Marlborough, MA 01752. Name of engineer: Savello & Associates of 32 Pearl Street, Marlborough, MA 01752.
· That Lot 1 has a lot area of 1.05 acres and 254.40 feet of frontage on Robin Hill Street.
· That Lot 2 has a lot area of 4.00 acres and 240.60 feet of frontage on Robin Hill Street.
On a motion by Mr. Johnson, seconded by Mr. Fey, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Mary Marcotte, 660 Robin Hill Street, Marlborough, MA 01752. Name of Engineer: Savello and Associates of 32 Pearl Street, Marlborough, MA 01752. Deed of property is recorded in the Middlesex Registry of Deeds book 10099, page 465. Location and description of property: several parcels of land on Robin Hill Street; property shown on Assessors Map 39 Lot 1.
181 Mill Street
This ANR plan was submitted this evening. Because of special circumstances involving title clearance and closing schedules the Board agreed to take action on this plan conditioned on James Arsenaults’ approval after formally reviewing the plan.
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 Sunset Rock, LLC c/o Brox Industries, 1471 Methuen Street, Dracut, MA 01826. Name of engineer: The Jillson Company, Inc. 54 Central Street, Fayville, MA 01745.
· That Lot 1 has a lot area of 124,351 square feet and 170 feet of frontage on Mill Street.
· That Parcel A has a lot area of 32,544 square feet and 60.77 feet of frontage on Mill Street.
On a motion by Mr. Hodge, seconded by Mr. Fey, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required on confirmation of the City Engineer that there were no problems with the plan that would stand in the way of approval of Sunset Rock, LLC c/o Brox Industries, 1471 Methuen Street, Dracut, MA 01826. Name of Engineer: The Jillson Company, Inc. 54 Central Street, Fayville, MA 01745. Deed of property is recorded in the Middlesex Registry of Deeds book 46094, page 280. Location and description of property: several parcels of land on Mill Street; property shown on Assessors Map 104 Lot 30.
PUBLIC HEARING
Cook Lane
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, May 8, 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 36A, and Map 71, Parcel 236, presently Zoned “Business” to be rezoned to “Residence A3”.
Per Order of City Council
#06100-1129
Attorney William Pezzoni gave a little presentation on the rezoning of these two lots. When the City Council chose to rezone the parcel around them it left these two parcels in the “Business” zone. The homeowners want to change the zoning to Residence A-3 to be consistent with the zoning around them.
In favor
No one spoke in favor.
In opposition
No on spoke in opposition.
On a motion by Mr. Johnson, seconded by Mr. Fay, it was duly voted:
To recommend to the City Council that Parcel “B” be rezoned to Residence A-3 to make zoing lots consistent with zoning in the area.
There being no further discussion, the hearing was closed at 8:05 p.m.
White Oak Estates
Continuance of Public Hearing from March 27, 2006
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.
Public hearing was closed at 8:35.
Please proceed to Subdivision Progress Reports under White Oak Estates for comments regarding this subdivision.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
The City Engineer gave the board an updated Subdivision Status Report. The board was very pleased to see this report.
Berlin Farms
Amended plan
On a motion by Mr. Johnson, seconded by Mr. Hodge; it was duly voted:
To table such plan until the developer showed up for the meeting.
After Developer had arrived it was duly voted by a motion by Mr. Johnson, seconded by Mr. Hanson to consider the plan.
On a motion by Mr. Hanson, seconded by Mr. Fay, it was duly voted:
To accept new plan and refer the plan to the City Engineer for approval.
Davis Estates
Correspondence from Massachusetts Historical Commission
On a motion by Mr. Johnson, seconded by Mr. Hodge, it was duly voted:
To accept and file the correspondence from Brona Simon, Acting Executive Director of the Massachusetts Historical Commission.
Lights
The Subdivision calls for the historical light poles. Tom Temple of the Engineering Department has noticed during the winter that the lights are easily broken due to the removal of snow by plows. Jim Arsenault is asking the boards opinion on how to proceed with the replacing of the costly light poles. The board asks at the developer’s commitment to assume the extra costs resulting from the historic lights the adjusting based on the actual experience during the maintenance period. Mr. Arsenault was going to speak to the developer and negotiate this matter.
Fiddlehead
Correspondence from Attorney Faxon
On a motion by Mr. Hodge, seconded by Mr. Fay, it was duly voted:
To accept and file correspondence from Attorney Faxon and refer the request for a bond reduction to the City Engineer. At this time the City Engineer informed the board that the plans were in review in the Citys Legal Department.
Forest Grove
On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:
To accept and file the correspondence from Assistant City Engineer Thomas P. Temple regarding the status of this subdivision and to approve reducing the bond securing the subdivision from $200,000.00 to $92,000.00.
Forest Trail
On a motion by Mr. Johnson, seconded by Mr. Hanson, it was duly voted:
To table the request of the bond reduction until taxes are paid.
Indian Hill
On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:
To accept and file the correspondence from Assistant City Engineer Thomas P. Temple regarding the status of this subdivision and to approve the reducing the bond securing the subdivision from $321,000.00 to $154,000.00.
PENDING SUBDIVISION PLANS: Updates and Discussions
White Oak Estates
Correspondence from Attorney Rider
The letter written by Donald Rider, the City of Marlborough City Solicitor summarizes the board’s rights under the 81W rule to modify, amend or rescind its approval. This is the second public hearing for this subdivision and under the 81W the board had the right to another 135 day period to take “final action”. However by the 135 day the Planning Board secretary failed to file the letter from the developer requesting an extension with the City Clerk within the 135 days allowing the subdivision to be constructively approved for the second time. The Board has the right to vote once again use to exercise its “power to modify, amend or rescind its approval.”
Ms. Fenby asked the board members on how they would like to proceed. They can either let the developer build the subdivision as is or the board can start the process from the beginning with another public hearing. Mr. Johnson said it would be ludicrous to let the development proceed with all the waivers that were needed according to the original plan. Mr. Hodge stated that if the developer was willing to let the Planning Board have another public hearing and to devise a plan that would satisfy all parties he would then recommend to holding another public hearing.
David Gadbois, Attorney for the Developer, stated that his client would not object to holding another public hearing and using their 81W rights. The developer and the land owners of the proposed easement are in talks are expected to lead to an agreement or a lawsuit and he would be willing to let the board know at its next meeting how the developer is going to proceed. The developer would like to come up with a reasonable plan that would suit the board.
On a motion by Mr. Johnson, seconded by Mr. Hanson, it was duly voted:
To defer taking action until the next Board meeting to allow Mr. Gadbois to return to the next meeting with some information on how the developer would like to proceed.
General Comments
Kyle Magner
79 Mosher Lane
She asked the board why they were not able to come up with a decision to deny if the plan has not changed since the last time they denied it. She thinks it should be denied. Ms. Fenby answered that the subdivision was already constructively approved and that the board was trying to see whether or not the developer would make any concessions for a new plan.
Dorothy Butler
85 Mosher Lane
She would like the board to deny the plan. She does not think that the board should not allow the developer to come back with another acceptable plan since it was once denied.
Paul Mager
671 Sudbury Street
Mr. Mager would like to see this subdivision denied as well. He stated that is doubtful that the developer would come back with any other plan; he has had over a year to produce something that works and the developer does not have ownership of the temporary easement.
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMISSIONS
DEFINITIVE SUBDIVISION SUBMISSIONS
Commonwealth Heights
On a motion by Mr. Hodge, seconded by Mr. Johnson it was duly voted:
To approve the Definitive Plan of Land entitled “Commonwealth Heights” owned by Marlborough/Northborough Land Realty Trust of 1 Wall Street, Burlington, MA 01887. Name of Engineer: Connorstone Engineering of 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.
SIGNS
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 9:00 p.m.
A TRUE COPY
ATTEST: _____________________________
Acting Clerk, Philip J. Hodge
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