PLANNING BOARD MINUTES
August 28, 2006
7:30 PM
The Planning Board for the City of Marlborough met on Monday, August 28, 2006 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Chairperson Barbara Fenby, Acting Clerk Phil Hodge, Robert Hanson, Clyde L. Johnson and Sean Fay. Also present: Acting City Engineer Tom Temple.
MINUTES
Meeting Minutes August 28, 2006
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, July 24, 2006.
CHAIR’S BUSINESS
City Council
Conversion of approved retirement community
To schedule a public hearing on September 11, 2006 at 7:30pm 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
Attorney Bergeron stated that his clients will be going through changing their scope of the proposed zoning change. To include more of the Citys surrounding land as well as the land that the Commonwealth of Massachusetts owns.
Change of meeting time
During Mr. Hodge’s recent personnel committee interview the City Council asked if it was possible to either change the day of the meeting or the time of the meeting since it often conflicts with the City Councilors schedules. After some discussion the board agreed that 7 pm would work for all of them.
On a motion by Mr. Hodge, seconded by Mr. Johnson it was duly voted:
To change all Planning Board meeting times to 7:00 pm and to send notice to the City Council as well as the Mayors office to notify them of the change.
APPROVAL NOT REQUIRED PLAN
12 Ewald Ave
Mr. Ryan brought in his Mylar for his residence located at 12 Ewald Ave. According to Acting City Engineer Tom Temple no changes were made that the Engineering department had asked for. He suggested that Mr. Ryan make the changes and come back before the board with the changes.
On a motion by Mr. Johnson, seconded by Mr. Hodge it was duly voted:
To table approval of Mr. Ryan’s’ ANR until the next meeting on September 11, 2006 to allow his engineer to make the appropriate changes.
90 Brimsmead Street
A review of the plan shows the following:
· That the plan show divides a single lot owned by Antoinette Arcabascio of 90 Brimsmead Street, Marlborough, MA 01752. Name of Engineer: Thomas Land Surveyors of 265 Washington Street, Hudson, MA 01749 and is regarded as Map 56 Lot 311.
· That placeLot 1 contains 12,537.06 square feet with 101.91 feet of frontage.
· That Parcel 2 contains 9,488.73 square feet with 78.09 feet of frontage.
· That Parcel 2 is for descriptive purposes only and is not to be considered a building lot.
On a motion by Mr. Hanson, seconded by Mr. Johnson it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Antoinette M. Arcabascio, of 90 Brimsmead Street, Marlborough, MA 01752. Name of Engineer: Thomas Land Surveyors of 265 Washington Street, Hudson, MA 01749. Deed of property is recorded in the Middlesex Registry of Deeds book 15963, page 159. Location and description of property: several parcels of land on Brimsmead Street; property shown on Assessors Map 56 Lot 311. Parcel 2 is not to be considered a building lot and is for descriptive purposes only.
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Tom Temple, the Assistant City Engineer informed the board that they have sent several old subdivisions up to the legal department for review and for approval including the Fiddlehead subdivision. They are in the process of finalizing the Shaugnessy Estates subdivision as they are in the process of finishing the subdivision.
Forest Trail
Correspondence from Attorney Eichman
On a motion by Mr. Hodge, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence from Attorney Eichman regarding his withdrawal from the lawsuit with Mr. Mutti.
O’leary’s Landing
Bond reduction
On a motion by Mr. Hodge, seconded by Mr. Fay it was duly voted:
To accept and refer the request by the developer to the Acting City Engineer Thomas Temple for his review and recommendation at the next meeting on Monday, September 11, 2006.
Slocumb Lane
On a motion by Mr. Hodge, and seconded by Mr. Johnson it was duly voted:
To send correspondence to the developer asking for more information on work performed before the board will refer the bond reduction to the engineering department.
PENDING SUBDIVISION PLANS: Updates and Discussions
Berlin Farms
The Signing of the changed sewer mylar took place at the end of the meeting. Acting City Engineer Tom Temple took the mylar with him for copying.
White Oak Estates
Attorney Gadbois was asked for an update on the legal proceedings was requested at the June 12, 2006 meeting asking him for an update. Attorney Gadbois informed the board that they are requesting mediation.
On a motion by Mr. Hanson, seconded by Mr. Johnson it was duly voted:
To accept and refer the correspondence from Attorney Gadbois to City Solicitor Rider.
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMISSIONS
DEFINITIVE SUBDIVISION SUBMISSIONS
SIGNS
Variances
The Building Commissioner sent correspondence to the President of the City Council regarding the proposed update to the sign ordinance. Mr. Reid was asked by the City Councilors if it was possible to suspend any action or any variance requests until the sign ordinance is updated. It is his opinion that the City Councilors have no legal right to suspend the board’s rights to appeal any decision whether it being a sign, building permit or special permit. He has referred them to the City Solicitor.
On a motion by Mr. Hodge, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence from the Building Commissioner.
Citgo Sign
146 Maple Street
Attorney Bergeron spoke on behalf of his client Mr. Bakerly regarding the sign variance at his gas station located at 146 Maple Street. Mr. Bakerly has applied for a variance for a replacement of his manual reader board sign with a LED reader board. However there was no sign permit applied for when the sign was changed. The original variance dates back to 1991 and was granted for 60 square feet. Since the variance he also added in 1996 the sign “Food Mart” to the freestanding sign which violated the variance. In oversight by John Kelly he granted the sign without reviewing the variance. Mr. Reid also stated that Mr. Bakerly has repeatedly violated the sign ordinance by placing signs attached to the freestanding signs as well as adding the “food mart” sign which brought his overall square footage of the
freestanding sign to 70 square feet. Mr. Reid stated in his letter to the Planning Board that he feels that in the past ten years that Mr. Bakerly and his gas station have been in non conformance with his signs and the board should rescind the variance.
Mr. Johnson stated that all signs should be in compliance and if they have not complied they should.
Mr. Fay asked Mr. Reid what would have prevented them from complying? Mr. Reid stated that they should have pulled a permit to replace the sign.
Mr. Hodge stated that the non conformance of the freestanding sign complicates the variance. However, Mr. Hodge feels that the rescinding the variance does not fit the crime.
On a motion by Mr. Johnson, seconded by Mr. Hanson, it was duly voted with Mr. Hodge opposed:
To rescind the variance from 1991 and to allow 90 days from today’s date for Mr. Bakerly return his sign back into compliance of the allowed 50 square feet.
Attorney Bergeron stated that the board did not have a total of seven members and the board needed a 2/3 majority to rescind or revoke a variance. The board asked Mrs. Lizotte to write a letter to the City Solicitor to find out the legality of this vote.
Post Road Art Center
1 Boston Post Road
Post Road Art Center is asking for a variance for the new sign to continue to use their existing message board. Their old sign did have a 15 square foot message board. The new sign of 21.5 square feet was granted but due to the size of the new sign it did not allow a message board. They are seeking a relief from the sign ordinance for a 15 square foot message board.
On a motion by Mr. Johnson, seconded by Mr. Hanson it was duly voted:
To table the decision of a variance until the next meeting on September 11, 2006 so that the board members can go to the site and then they will come back to deicide if Post Road Art Center meets the requirements for a message board or the first meeting where seven members are present.
McDonalds
155 Boston Post Road West
McDonald’s is asking for a sign variance for a change of ingress and egress signage stating they are open 24 hours. They had changed the signage without a permit. Mr. Reid advised them through violation tickets that they changed their signage without the proper permits. The change in signage promotes the fact that McDonalds is now open 24 hours. According to Chapter 163-6 C states that no more then 25% of traffic safety signs can identify the business.
No one from McDonalds was present at the meeting.
On a motion by Mr. Hanson, seconded by Mr. Johnson it was duly voted:
To DENY the variance and notify McDonalds that the signs are in violation of the sign ordinance and encourage Mr. Reid to start issuance of violation tickets until the signs are into conformance.
Cider Mill Estates
15 Dufrense Drive
The City Code Enforcement Officer, Pam Wilderman, noticed that Fafard Reality put up a new temporary construction sign that exceeded the sign ordinance and allowance of temporary real estate signs. Frank Pizzeri from Fafard development admitted they changed the sign without a permit. They are requesting that the new sign stay in place until the end of construction and it would be removed once construction was completed.
On a motion by Mr. Hodge, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence from Pamela Wilderman and let her know that the board applauds her efforts to enforce the sign ordinance.
To DENY the variance and ask Fafard real estate to conform their temporary real estate sign the sign ordinance.
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 9:00 p.m.
A TRUE COPY
ATTEST: _____________________________
Acting Clerk, Philip J. Hodge
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