PLANNING BOARD MINUTES
September 25, 2006
7:00 PM
The Planning Board for the City of Marlborough met on Monday, September 25, 2006 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Chairperson Barbara Fenby, Acting Clerk Phil Hodge, Edward Coveney, Robert Hanson, Clyde L. Johnson, Sean Fay and Steve Kerrigan. Also present: Acting City Engineer Tom Temple and City Engineer Tom Cullen.
MINUTES
Meeting Minutes September 11, 2006
On a motion by Mr. Johnson, seconded by Mr. Hanson it was duly voted:
To accept and file the minutes of the meeting from Monday, September 11, 2006.
CHAIR’S BUSINESS
Steve Kerrigan
Mr. Chairperson Fenby related to the rest of the board that Mr. Steve Kerrigan was nominated by the Mayor and approved by the City Council to become a member of the Planning Board.
Design Pak
At the request by the City Council the Planning Board will hold a public hearing on the rezoning of Map 82, parcels 132, 133, 135, 135A and portion of 143 from Industrial Zone to Business Zone. The Planning Board set a public hearing date of October 16, 2006 at 7:15pm.
APPROVAL NOT REQUIRED PLAN
12 Ewald Ave
Mr. Ryan, the developer, handed Mrs. Lizotte a letter requesting tabling the decision of the Planning Board until the next meeting on October 16, 2006.
On a motion By Mr. Hodge, seconded by Mr. Coveney it was duly voted:
To defer action until the next Planning Board meeting on October 16, 2006 as requested by the Developer..
56 Walker Street
On a motion by Mr. Hodge, seconded by Mr. Coveney, it was duly voted:
To accept and refer the proposed plan to the City Engineer for his review and recommendation at the next meeting on Monday, October 16, 2006.
102 Winter Street
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To accept and refer the proposed plan to the City Engineer for his review and recommendation at the next meeting on Monday, October 16, 2006.
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
The Assistant City Engineer, Tom Temple, submitted to the Planning Board some correspondence regarding Shaugnhesy Estates. Mr. Temple sent a letter to Franchi Equipment Co. (FCE) stating that he still has not received any completion schedule for outstanding work. He has tried on several occasions to discuss outstanding work with representatives from FEC. However Mr. Iovanni of FEC indicated in previous conversations with Mr. Temple that work will be completed by or on September 1, 2006. This date has past without any work being completed. Mr. Temple is suggesting the Planning Board start the process of securing funds to finish this subdivision.
On a motion by Mr. Hodge, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence from Tom Temple and to start the process of securing the bond to finish Shaugnhesy Estates. A letter will be sent to the developer notifying him of of the Boards’ decision.
Slocumb Lane
Bond reduction
On a motion by Mr. Coveney, and seconded by Mr. Fay 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 $314,000.00 to $248,000.00.
PENDING SUBDIVISION PLANS: Updates and Discussions
Limited Development Subdivisions
Donald Rider, the City of Marlborough’s City Solicitor, sent correspondence to the Planning Board on the limited development ordinance, Chapter 200-30 of the City Code. This ordinance provides parcels in residential zoning districts with frontage on a public way may be subdivided into limited development subdivisions for single-family dwelling use, subject to special permits issued by the Planning Board. The parcels would have to meet certain criteria which include dimensional criteria of minimum lot area of two and one-half times the minimum lot area of the zoning district within which is situated.
City Solicitor Rider stated that “even if the Board were the legislative body that enacted the LDS ordinance, the Board’s intent would not be relevant if that ordinance is clear and unambiguous”. City Solicitor Rider also stated that “the LDS ordinance is to be interpreted so as to honor the ordinance’s clear and unambiguous language that an applicant is required to show 2 ½ times the minimum lot area required by the zoning ordinance”.
Chairperson Person Barbara Fenby had the last several paragraphs read into record for the audience to hear. Mr. Hodge stated he does not completely agree with the letter and it did not change his view on the ordinance.
On a motion by Mr. Hodge, seconded by Mr. Johnson it was duly voted:
To accept and file the letter from City Solicitor Rider and to formally refer this letter to the City Engineer. To ask City Solicitor Rider to appear before the board at the next meeting on October 16, 2006 to discuss the changing of the ordinance.
Hosmer Street
On a motion by Mr. Hanson, seconded by Mr. Coveney, it was duly voted:
To accept and file the correspondence from Thomas Diperso requesting an extension on behalf of his clients for consideration of the application and to defer action until the next meeting as requested.
Stow Road
The Planning Board set a hearing date for this Limited Development Subdivision for October 16, 2006 at 7:45pm.
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMISSIONS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
Tree removal
Chris White, the City of Marlborough’s Tree Warden sent correspondence to the Planning Board of removing several trees along the City’s Scenic Roads.
On a motion by Mr. Coveney, seconded by Mr. Kerrigan it was duly voted:
To accept and file correspondence from Chris White, the City of Marlborough’s tree warden, of removal of trees located at 617 Robin Hill Road, 502 Williams Street, 265 Brigham Street, and 118 Brigham Street.
SIGNS
Citgo Sign
146 Maple Street
On August 28, 2006, the Planning Board requested legal advice from City Solicitor Don Rider regarding the validity of a vote taken by the board on that night. 5 members of then the 6 member board 4 members voted in favor of rescinding the variance. In his letter to the Board, City Solicitor Rider stated that “the five members present at the August 28 meeting constituted a quorum; and a 2/3 majority of that quorum could and according to the meeting minutes, did act to rescind the variance at issue”.
On a motion by Mr. Hodge, seconded by Mr. Coveney it was duly voted:
To accept and file City Solicitor Riders correspondence.
Cider Mill Estates
15 Dufresne Drive
On a motion by Mr. Hodge, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence from Frank Pizzeri of West Hill LLC, stating the non compliant sign will be removed and a compliant sign will take its place on or before September 25, 2006.
Hooligans
493 Boston Post Road West
Correspondence was sent to Mr. Brandt on September 18, 2006 requesting his presence so the board can discuss with him the non-compliant non-permitted banner and to revisit bringing his sign into compliance. At tonight’s meeting no representative from Hooligans was present. Mr. Johnson asked if Mrs. Lizotte sent the letter by certified mail. She did not. The Board then discussed sending a letter and asking Mr. Brandt to appear before the board at the next meeting on October 16, 2006.
On motion of Mr. Johnson, seconded by Mr. Hodge it was duly voted:
To place on the agenda of the next meeting of the one year variance granted by the Planning Board to allow Hooligans to bring its non-conforming freestanding sign into compliance with the City’s Sign Ordinance to the agenda of the next regular scheduled meeting and to notify the owner of Hooligans, Edwin Brandt, of the same by Certified Mail.
INFORMAL DISCUSSION
Scenic Road
The Scenic Road Act has gotten free press of late and with several phone calls to board members as well as calls to Mrs. Lizotte on what constitutes a scenic road. The Board still has several suggestions on how to publicize the Scenic Road Act. Two of their suggestions were bill stuffers and for an Eagle Scout to make a pamphlet. Mrs. Lizotte was going to research the possibility of both suggestions.
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 8:00 p.m.
A TRUE COPY
ATTEST: _____________________________
Acting Clerk, Philip J. Hodge
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