PLANNING BOARD MINUTES
May 22, 2006
The Planning Board for the City of Marlborough met on Monday, May 22, 2006 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Chairperson Barbara L. Fenby, Acting Clerk Phil Hodge, Robert Hanson, Clyde L. Johnson, Edward Coveney and Sean N. Fay. Also present: Assistant City Engineer Tom Temple.
MINUTES
On a motion by Mr. Hanson, seconded by Mr. Johnson it was duly voted:
To accept and file the minutes of the meeting of Monday, May 8, 2006.
CHAIR’S BUSINESS
Rezoning of 175 Maple Street
On a motion by Mr. Johnson, seconded by Mr. Hanson, it was duly voted:
To set public hearing date and time for the rezoning on June 22, 2006 at 7:30PM for the rezoning of 175 Maple Street, Map 82 Parcels 132 and 135. A portion of this property is now zoned Industrial and to be rezoned to Business.
Road Discontinuance
Attorney Arthur Bergeron asked the board to recommend to the City Council a discontinuance of addressStreetOld Lakeside Ave., a layout that runs through the property of Mr. David Breazzano which includes the 109 Lakeside Pub and the former Roccos Restaurant site. Attorney Bergeron presented several slides of the layout showing what the Avenue looked like from dates back to the early 1900's. His client is proposing to do site improvements and landscaping which will impact the green space as you head into the downtown district. They would like the City to discontinue the old Lakeside Ave and eventually to convey its rights to the abutters. Attorney Bergeron suggested the city ask the State to transfer any rights to the parcel it may still have. The board asked Attorney Bergeron several questions including what would be the outcome if they were
never able to get a deed from the State Legislator, would the Developer still develop the property and if the City Solicitor has had any chance to review and give a recommendation to the City Council or the Board. Attorney Bergeron said his client would be willing to proceed with or without action by the State. He further stated that all Urban Affairs members except for one (Shafer) were in favor of the plan.
On a motion by Mr. Hodge, seconded by Mr. Coveney, it was duly voted:
To send a recommendation to the City Council to approve the discontinuance and to recommend that the city ask the state legislature to deed to the city any rights the state might have in the abandonment parcel.
On a motion by Mr. Johnson, seconded by Mr. Hodge, it was duly voted:
To accept and file correspondence from Attorney Bergeron on the discontinuance of Old Lakeside Ave.
APPROVAL NOT REQUIRED PLAN
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Tom Temple, the Assistant City Engineer informed the board that 13 subdivisions are in the final stages of completion. The board was pleased to see that there will be some closures of the subdivisions.
Indian Hill Park Definitive Subdivision
On a motion by Mr. Hodge, seconded by Mr. Hanson it was duly voted:
To accept and place on file the letter of extension from Donald Seaburg requesting an extension and to refer the letter to the City Engineer for further review.
PENDING SUBDIVISION PLANS: Updates and Discussions
White Oak Estates
Correspondence from Neighbors
The neighbors of White Oak Estates subdivision are asking the board to exercise their rights under 81W to rescind approval of this subdivision.
On a motion by Mr. Johnson, seconded by Mr. Coveney it was duly voted:
To accept and file the correspondence as well as to refer the correspondence to the City Solicitor for his review.
Update from Attorney Gadbois
The board had asked Attorney Gadbois at the last meeting on May 8, 2006 to appear before the board and let the board know of the status of this subdivision. Attorney Gadbois reported that his client is expecting a lawsuit with the abutters of the property for the access. After open discussions among the board members the board decided not to open a new hearing at this time. The board collectively agreed that starting the 81W process again too soon might lead to another constructive approval. The board did ask Donald Rider, The City Solicitor, for his opinion on how they should proceed. Mr. Hodge asked Mr. Rider if he saw a serious downside to delay a vote. Mr. Rider stated that land court often tends to be quick. The board also stated that they did not want to see any movement on site before the building permit was issued.
On a motion by Mr. Johnson, seconded by Mr. Hanson it was duly voted:
To reconsider the subdivision after the litigation has been completed; as attorney Gadbois has agreed would be appropriate.
Attorney Gadbois has offered to confirm his client is amendable to reconsideration after the litigation and before construction and that he will keep the board informed of progress in the litigation.
General Comments
William Magner
79 Mosher Lane
Mr. Magner wanted to reiterate his displeasure in the board for not taking any action on this subdivision. He believes that since there is no access to the street that the plan should have been denied.
Kyle Magner
79 Mosher Lane
Mrs. Magner believes that the board should rescind the subdivision and hold another public hearing. She also stated that the board should act once the board reopens the public hearing and not to wait for any pending litigation.
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMISSIONS
DEFINITIVE SUBDIVISION SUBMISSIONS
SIGNS
Bushell Piano
Pamela Wilderman, the Citys Code Enforcement officer, was advising the board that she sent another letter to Bushell Piano stating that they have violated the sign ordinance with the illegal signs advertising piano sales.
On a motion by Mr. Hanson, seconded by Mr. Fay, it was duly voted:
To accept and file correspondence from Pamela Wilderman as well as to thank her for her efforts in enforcing the sign ordinance.
INFORMAL DISCUSSION
9 Shea Drive
David Friess lives at the corner of Shea Drive and Bigelow Street at 9 Shea Drive. Several years ago Mr. Friess built a stone wall along the Bigelow Street side of his property. He is in the process of updating this stone wall. A city employee stopped his workers from any changes to this wall due to Bigelow Street being a Scenic Road. Mr. Friess was not aware that any changes to his property along the Bigelow side were to go through the Planning Board. After an open discussion with board and Tom Temple, it was determined that Mr. Friess will meet with Tom Temple to discuss his revisions of the stone wall.
COMMUNICATIONS/CORRESPONDENCE
On a motion by Mr. Johnson, 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 J. Hodge
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