PLANNING BOARD MINUTES
July 24, 2006
The Planning Board for the City of Marlborough met on Monday, July 24, 2006 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Chairperson Barbara Fenby, Clerk Phil Hodge, Robert Hanson, Clyde L. Johnson and Sean Fay. Also present: Acting City Engineer Tom Temple.
MINUTES
Meeting Minutes June 26
On a motion by Mr. Hodge, seconded by Mr. Johnson it was duly voted:
To accept and file the minutes of the meeting from Monday, June 26, 2006.
CHAIR’S BUSINESS
City Council
Conversion of approved retirement community
To schedule a public hearing on August 28, 2006 at 8pm to hear a proposed amendment to the City’s zoning ordinance that would allow the conversion of an already permitted retirement community to a non-retirement community.
College Street, LLC
Letter from Attorney Bergeron
Mr. Bergeron’s letter to the board was referenced to the meeting on June 26, 2006 when he presented the board several recommendations for a zoning change at 175 Maple Street, the Design Pak building. His clients would like to see a recommendation to change the zoning from Industrial to Business.
Mr. Hodge asked Mr. Bergeron what would happen if they decided on the zone change and the builder decided not use it for the intended use of urban condominiums? Mr. Bergeron stated that his clients are purchasing the property in August and then they would be applying for special permits once the State approved the use with the waterway that runs underneath the building. With the board not knowing that the Attorneys clients have not purchased the property the board would prefer a letter from the current owners with their intent to change the current zoning.
On a motion by Mr. Hodge, seconded by Mr. Johnson it was duly voted:
To accept and file Attorney Bergeron’s letter and ask the current owners for a letter of intent of the zoning change for the parcel.
APPROVAL NOT REQUIRED PLAN
12 Ewald Ave
At the applicants request the ANR will be tabled to the meeting on August 28, 2006.
90 Brimsmead Street
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To accept and refer the proposed plan to the Acting City Engineer for his review and recommendation at the next meeting on Monday, August 28, 2006.
PUBLIC HEARING
Assisted Living Facilities
The Planning Board of the City of Marlborough held a public hearing on Monday, July 24, 2006 at 8:00 p.m. on a for a proposed amendment to the Zoning Ordinance C.200-18 Assisted Living Facilities. Members present: Chairperson Barbara Fenby, Acting Clerk Philip Hodge, Sean Fay, Robert Hanson and Clyde L. Johnson. Also present: Acting City Engineer Thomas Temple.
Chairperson Barbara Fenby introduced the staff and members of the Board and explained the public hearing process. Acting Clerk Philip 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, July 24, 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 C.200-18: Assisted Living Facilities.
That, pursuant to section 5 of the Chapter 40A of the General Laws, the City Council of the City of Marlborough submits for its consideration a change in the Zoning Ordinance, as amended, to further amend Chapter 200, Article V, Sec. 200-18 (17), to exempt certain City of Marlborough Lessees from Compliance with the dimensional, landscaping and parking requirements set forth in Chapter 200, Article VII, as follows:
C. 200-18 Conditions for Use as Noted in the Table of Uses, Section 17
Public Buildings.
(No changes in the first sentence.)
The use of any building, structure and/or land which is used by a lessee of the City of Marlborough is permitted in all portions of the City with prior approval of the City Council following, when requested by a Councilor, a public hearing, and any such use as an Assisted Living Facility shall be exempt from the compliance with the dimensional, landscaping and parking requirements set forth in Chapter 200, Article VII, sec. 200-40 through Chapter 200-49; provided that approval of wireless communications facilities shall be subject to provisions of Sec. 200-25.
Per Order of City Council
#1202
Mayor Stevens made a brief presentation along with special Council Jim Agoritsas. The Mayor believes the change in the ordinance should be recommended to help the revitalization of the neighborhood as well as the City as a whole. This change will allow the City to have affordable assisted living for the City’s senior citizens. The Mayor feels this will be the right project and it will only affect City owned property.
Attorney Agoritsas stated that they still need the City Council to approve the change in the ordinance. The developer is seeking a total of 83 affordable units. The plans still need to the City Council as well as the site plan where they will seek relief of the mandatory requirements.
Mr. Hodge then asked to the PersonNameMayor and Attorney Agoritsas if the change would be releasing all the dimensional, landscaping and parking requirements. They both stated that this would only be allowed on City owned property. Attorney Agoritsas stated with the parcel in question there would be more flexibility if the ordinance was changed to meet the needs of the developer for the project.
Mr. Hodge agreed that this is a wonderful project but he feels that the City may be opening itself up for future projects by letting the requirements depart from the ordinance. PersonNameMayor Stevens stated that this would only pertain to City owned parcels and would not pertain to any other privately owned parcels.
Mr. Fay would think recommending approval to the City Council would be the right thing to do. He agreed that this project will revitalize the neighborhood. The question he had was that could this apply to other assisted living facilities in the City or maybe it could apply to make them more affordable.
In favor
No one spoke in favor.
In opposition
No one spoke in opposition
General Comments
No one had general comments.
On a motion by Mr. Fay, seconded by Mr. Johnson, it was duly voted, with Mr. Hodge opposing and Ms. Fenby abstaining:
To send recommendation to the City Council to proceed with the change in the Zoning Ordinance to exempt certain City of City Marlborough Lessees from compliance with the dimensional, landscaping and parking requirements in Chapter 200, Article VII.
Ms. Fenby would have liked to have the Planning Board in the process a little sooner then at the time of urgency. She would have also liked to have seen some renderings to help visualize the project.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Tom Temple, the Assistant City Engineer informed the board that they have started work on Kelber Drive sidewalks. Several subdivisions have started the process of completing outstanding work.
Forest Trail
Correspondence from Joseph Connolly
On a motion by Mr. Johnson, seconded by Mr. Hanson it was duly voted:
To accept and file correspondence from Attorney Connolly’s office regarding the release of the bond money for Parcel B that was to be returned.
Indian Hill Park
On a motion by Mr. Johnson, seconded by Mr. Fay it was duly voted:
To accept and file the correspondence from Acting Assistant City Engineer Timothy Collins regarding a bond amount for Indian Hill Park (Gilkas Circle) and to recommend that the bond in the amount of $380,000.00 be posted to secure the release of lots.
PENDING SUBDIVISION PLANS: Updates and Discussions
Berlin Farms
The sewer lines were proposed to run through the street, however with design problems the developer decided to run an easement onto 238 Berlin Road.
On a motion by Mr. Hodge, seconded by Mr. Hanson it was duly voted:
To accept the new sewer plans as recommended verbally by Tom Temple. The Planning Board will sign the new revised plan at the next meeting on August 28, 2006 when the mylar is available to sign.
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMISSIONS
DEFINITIVE SUBDIVISION SUBMISSIONS
SIGNS
Sudbury Companies of Militia and Minute
The Sudbury Companies of Militia and Minute holds a faire every year at the Wayside Inn. They are asking the Boards permission to place temporary signs at the corner on route 20 and addressStreetHagar Road.
On a motion by Mr. Johnson, seconded by Mr. Fay it was duly voted:
To allow the Sudbury Companies of Militia and Minute to place a temporary sign on the corner of route 20 and Hager Road during September 16 through September 14, 2006.
Hooligans
Hooligans is a new restaurant occupying space at 493 Boston Post Road West. They have replaced their sign without the benefit of a permit issued by the building department. When applying for the permit the building commissioner noticed that the current sign was never brought into compliance. Mr. Reid denied the sign due to the square footage (50sf) of the sign as well as the message board (15sf) for the amount they are allowed. By calculations they are allowed 39 square feet for the freestanding sign and 13 feet for the message board.
On a motion by Mr. Fay, seconded by Mr. Hodge it was duly voted:
To DENY the sign and request that the current sign become conforming to the allowed square footage of 39 square feet within a year of tonight’s meeting. To GRANT a variance of 2 square feet for the message board to become 15 square feet.
Citgo Sign
The attorney for Mr. Bakerly, Arthur Bergeron presented a brief presentation on the existing sign. Attorney Bergeron believes that with the original sign variance that was granted in 1991 stated that no variance would be needed since according to the variance is “the discontinuance of, or any change to, the use occurring on the lot the time of the granting of this variance”. However according to Mr. Steve Reid, Building Commissioner, believes that they need a new variance since the changed the manual price panel sign to a led controlled price panel.
On a motion by Mr. Johnson, seconded by Mr. Hodge it was duly voted:
To table this discussion until the next meeting as well as to invite Mr. Reid to appear with the board in discussion of the sign.
INFORMAL DISCUSSION
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, Philip J. Hodge
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