PLANNING BOARD MINUTES
September 11, 2006
7:00 PM
The Planning Board for the City of Marlborough met on Monday, September 11, 2006 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA PostalCode01752. Members present: Chairperson Barbara Fenby, Acting Clerk Phil Hodge, Edward Coveney, Robert Hanson, Clyde L. Johnson and Sean Fay. Also present: Acting City Engineer Tom Temple and City Engineer Tom Cullen.
MINUTES
Meeting Minutes August 28, 2006
On a motion by Mr. Johnson, seconded by Mr. Hodge it was duly voted:
To accept and file the minutes of the meeting from Monday, August 28, 2006.
CHAIR’S BUSINESS
Lupo Parcel
Fore Kicks on Mill Street
On a motion by Mr. Johnson, seconded by Mr. Hanson it was duly voted:
To accept and file correspondence from Attorney Pezzoni regarding the public hearing that was scheduled for September 7, 2006 in Southborough on the Lupo Parcel on Mill Street.
Crowley Drive
Proposal for private drive
Attorney Bergeron on behalf of his client Metro Park Corp. is requesting the Planning Board to consider and recommend to the City Council the approval of the layout of Crowley Drive. The layout for Crowley Drive was originally layed out as a private drive in October 1997. The City Solicitor recently determined that since the public will be using Crowley Drive it needs a review by the Planning Board.
On a motion by Mr. Johnson, seconded by Mr. Hodge it was duly voted:
To send recommendation to City Council for the approved layout of Crowley Drive.
Correspondence from Ron LaFreniere
The Commissioner of Public Works, Ron LaFreniere, sent an email correspondence to the Planning Board regarding that he has reviewed and approved of the drafts of the layout order, layout plan and the maintenance agreement. He finds all layouts and agreements in order and is acceptable for the Planning Boards recommendation.
On a motion by Mr. Johnson, seconded by Mr. Hodge it was duly voted:
To accept and file correspondence from Ron LaFreniere.
APPROVAL NOT REQUIRED PLAN
12 Ewald Ave
Mr. Ryan, the developer, had called Mrs. Lizotte earlier in the day to ask if the Planning Board will delay taking action due to not having heard back from his attorney regarding the mylars.
On a motion By Mr. Hodge, seconded by Mr. Hanson it was duly voted:
On request from the Developer by phone to Mrs. Lizotte, to defer action until the next Planning Board meeting on September 25, 2006. The Planning Board encourages Mr. Ryan to have all plans needed for the next meeting.
90 Brimsmead
The ANR for 90 Brimsmead was signed by Mr. Johnson and given to Tom Temple at the end of the meeting.
PUBLIC HEARING
Approved Retirement Community
The Hearing was canceled due to errors in the public notification advertisement. A rescheduled public hearing will take place at 7pm on October 16, 2006.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Tom Temple introduced to the Planning Board the new City Engineer, Tom Cullen. The Planning Board welcomed Mr. Cullen. Mr. Temple also gave the board an updated Subdivision Status Report which shows the development of all open and pending subdivisions.
O’Leary’s Landing (Joseph North Drive)
Bond reduction
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 $82,000.00 to $54,000.00.
Slocumb Lane
Bond reduction
On a motion by Mr. Hodge, and seconded by Mr. Johnson it was duly voted:
To accept and refer the correspondence from Janice Hannert of FRE Building Co. to the City Engineer for his recommendation regarding the bond amount for Slocumb Lane.
Shaughnesy Estates (Kelber Drive)
Bond reduction
On a motion by Mr. Hodge, seconded by Mr. Fay it was duly voted:
To defer any action taking until all necessary paperwork from the developer is returned.
Country Club Estates (Knight Way and Robert Road)
Bond Release
Toll Brothers is looking for the release of their bond for this subdivision. They stated upon release of the bond monies, they will deliver a subsequent bond to the City in the amount of $300,000.00 for the Stow Road Taking. The drafted language was attached to the bond release.
On a motion by Mr. Hodge, seconded by Mr. Coveney it was duly voted:
To accept and refer the correspondence from Eric Carlson to City Engineer for his recommendation regarding the bond amount for Country Club Estates. As well as send correspondence to the City Solicitor regarding the bond draft language for his review.
PENDING SUBDIVISION PLANS: Updates and Discussions
White Oak Estates
Correspondence from City Solicitor
On a motion by Mr. Johnson, seconded by Mr. Hodge it was duly voted:
To accept and file correspondence from City Solicitor regarding the interpretation of the letter that was submitted by Attorney David Gadbois.
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMISSIONS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
287 Bigelow Street
The City’s Code Enforcement Officer, Pam Wilderman, received a complaint about work that was done at 287 Bigelow Street which is in violation of the Citys’ Scenic Road Act. The Applicant, Bruce Beauregard, hired a landscaper to remove the stone wall and install a new lawn.
On a motion by Mr. Johnson, seconded by Mr. Hanson it was duly voted:
To accept and file correspondence by Pamela Wilderman and to thank her for continued efforts in enforcing the City Ordinances.
On a motion by Mr. Hanson, seconded by Mr. Hodge it was duly voted:
To DENY the request of Mr. Beauregard’s request and require him to replace the stone wall which was removed and to ask Mrs. Wilderman to monitor the replacement of the stone wall. The Planning Board did not specify a deadline for replacement.
Mr. Johnson stated that once the wall is restored to the prior condition, Mr. Beauregard will be able to apply for permission to remove the stone wall.
The Board has asked Mrs. Lizotte to find some way to publicize scenic road act requirements for permission by the Planning Board prior to altering stone walls or removing trees on designated scenic roads.
SIGNS
Citgo Sign
146 Maple Street
Attorney Bergeron made a request to the Board to table the meeting until he can meet with Commissioner Reid regarding the Citgo Sign.
On a motion by Mr. Johnson, seconded by Mr. Fay it was duly voted:
To table the matter until the next meeting on September 25, 2006.
Post Road Art Center
1 Boston Post Road
Post Road Art Center is requesting a variance for their message board located at 1 Boston Post Road East. They applied for a new sign which is 21.5 square feet which would not warrant the right to use any message board. However the applicant applied for its use of its previous message board of 15 square feet.
On a motion by Mr. Fay, seconded by Mr. Hodge it was duly voted:
To GRANT the use of the pre-existing 15 square foot message board.
McDonalds
155 Boston Post Road West
At the last meeting on August 28, 2006, the Planning Board denied McDonalds the ingress and egress signs due to the violation according to the sign ordinance 169-6-C states that no more then 25% of the sign can identify the business. Mr. David Balducci from McDonalds asked the board to reconsider their vote from the previous meeting.
On a motion by Mr. Hanson, seconded by Mr. Johnson, it was duly voted:
To stand firm on the decision of the denial of the variance and allow one (1) week for the signs to be removed. The replacement signs must comply with the sign ordinance.
Hooligans
493 Boston Post Road West
Correspondence from Pamela Wilderman informed the Board that Hooligans placed an illegal banner on their freestanding sign. At the July 24, 2006 meeting the Planning Board denied a variance for a 50 square foot sign with a 32 square foot message board. They are allowed to have 39 square foot sign according to the sign ordinance. The Planning Board did grant a variance to allow them to have a 15 square foot message board. The Board agreed that since the business was just starting they will allow a full year to comply with the denial. However with the non-compliant non-permitted banner, the Planning Board would like to re-visit their decision on allowing the full year of compliance.
On a motion by Mr. Hodge, seconded by Mr. Fay it was duly voted:
To accept and file correspondence from Pamela Wilderman, the Citys Code Enforcement Officer.
On a motion by Mr. Hodge, seconded by Mr. Fay it was duly voted with Mr. Hanson in opposition:
To notify the Edwin Brandt, owner of Hooligans, that they would like to revisit the time allowed of the compliance of the freestanding sign.
INFORMAL DISCUSSION
Limited Development Subdivision
There has been some confusion with the Limited Development Subdivisions’ ordinance language. Mrs. Lizotte informed the Board that Mr. Rider advised that the board should seek to clarify wording that is in the ordinance. Mr. Hodge will to start the process of amending the ordinance.
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 8:30 p.m.
A TRUE COPY
ATTEST: _____________________________
Acting Clerk, Philip J. Hodge
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