PLANNING BOARD MINUTES
October 16, 2006
7:00 PM
The Planning Board for the City of Marlborough met on Monday, October 16, 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: City Engineer Tom Cullen.
PUBLIC HEARING
Change in Zoning Ordinance-Retirement Community
The Planning Board of the City of Marlborough held a public hearing on Monday, October 16, 2006 at 7:00 p.m. on a proposed change in the Zoning Ordinance-Retirement Community. Members present: Chairperson Barbara L. Fenby, Acting Clerk Philip Hodge, Edward Coveney, Clyde L. Johnson, Robert Hanson, Sean Fay and Steve Kerrigan. Also present: City Engineer Tom Cullen.
Chairperson Fenby introduced the staff and members of the Board and explained the public hearing process. Mr. Kerrigan read a copy of the advertisement into the record.
Notice is hereby given that the Planning Board of the City of Marlborough will hold a public hearing on Monday, October 16, 2006 at 7:00 P.M., at Memorial Hall, City Hall, 140 Main Street, Marlborough, MA on the following proposed amendment to the Zoning Ordinance:
BE IT ORDAINED BY THE CITY OF MARLBOROUGH, that the Code of the City of Marlborough, Chapter 200-Sec 22. D to read as follows:
D. Conversion of Approved Retirement Community to Other Housing Use. Following the approval of a retirement community as described in the previous paragraphs of Sec. 200-22, the City Council may, upon a determination by the City Council that the location of said retirement Community would be more appropriate as the location for housing for the workforce of the businesses in the City if Marlborough, grant a Special Permit to allow the conversion of said permitted Retirement Community to a community where children are allowed, provided that no portion of the said retirement Community has been sold and is being occupied for said Retirement Community purpose. Said Conversion Special Permit shall:
(1) Require that all conditions of the Retirement Community Special permit, except those that would have been uniquely applicable to a Retirement Community, remain in full force and effect.
(2) Require that no more than the originally permitted number of residential unit to be allowed, and that the configuration of the units road systems, utilities, landscaping and other amenities be approximately the same, in the opinion of the City Council;
(3) Eliminate the requirement provided in par (C) (3) above that more than sixty-six (66) percent of living area in each unit must be located on the first floor.
Per Order of City Council
#06100-1237
Mayor Nancy Stevens gave a brief presentation on the proposed zoning change. Since she has been in office she has received several requests from local businesses related to affordable housing for Marlborough’s workforce. The Mayor stated that this zoning change would only affect the projects that have already been through the special permit process, but not sold or occupied to date and this will attract more of the local workforce.
Mr. Kerrigan asked the Mayor if this would change any projects that have been permitted and well if the ordinance is not changed could they still build a retirement community? The Mayor stated that the ordinance could change development however the developers would have to start the process with the City Council.
Mr. Hodge stated that this was a convoluted process and open path for a multi unit project. The Mayor stated the City Council would have to address those issues.
In Favor
No one spoke in favor.
In Opposition
Louis Anastas
779 Pleasant Street
Mr. Anastas is an abutter of the property located off of Fitchburg Street and the Chestnut Ridge development. He stated that since 1997 the property has been proposed to be single family dwellings, an office park, retail spaces and finally something everyone could agree to which is the retirement community. He feels that the City should not allow the change in the zoning ordinance and the City should purchase the property for a new school.
Lynn Faust
Community Development Authority
Ms. Faust of the CDA stated the CDA feels there is a continuing need for affordable retirement units based on recent studies. She believes changing this zoning ordinance is a bad idea. Making more affordable units available to seniors would free up the single homes for workforce housing.
City of Marlborough
Community Development Authority
Correspondence from the CDA states their concern for the proposed change to the zoning ordinance. The CDA is asking the Planning Board not to recommend the amendment to the zoning ordinance as proposed. The CDA did an analysis of the recent housing market and the lack of affordable housing for the “empty nesters” The CDA recommended that “future high density housing concessions made for new development or for redevelopment should be accompanied by the benefits of additional affordable housing, or they should not be granted at all.”
Mayor Nancy Stevens
In a letter to the City Councilors and the Planning Board Members the Mayor stated she received the letter from the CDA related to the Chestnut Ridge Development. She wanted it to be known she was out of the meeting at the time the vote was taken at the September 28th CDA meeting and by no means does she support the position of the other members of the CDA outlined in the letter. In addition the zoning change limited to the Chestnut Ridge project outlined in the CDA letter. She also stated the “proposed change would be applicable to other overlays and future projects.”
There being no further discussion, the hearing was closed at 7:23 p.m.
MINUTES
Meeting Minutes September 25, 2006
On a motion by Mr. Johnson, seconded by Mr. Hanson it was duly voted:
To accept and file the minutes of the meeting of Monday, September 25, 2006.
CHAIR’S BUSINESS
APPROVAL NOT REQUIRED PLAN
12 Ewald Ave
On a motion by Mr. Johnson, seconded by Mr. Fay it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Michael J. Ryan, of 12 Ewald Ave, Marlborough, MA 01752. Name of Engineer: Cabso Consult, of PO Box 14, Clinton, MA 01510. Deed of property is recorded in the Middlesex Registry of Deeds book 27509, page 13. Location and description of property: several parcels of land on Ewald Ave; property shown on Assessors Map 60 Lot 19.
Crowley Drive
Crowley Drive was submitted by Attorney Bergeron. He has already submitted plans to the City Engineer for review in hopes the Planning Board would be able to vote at tonight’s meeting.
On a motion by Mr. Johnson, seconded by Mr. Fay it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Metro Park Corporation, of 929 Boston Post Road East, Marlborough, MA 01752. Name of Engineer: Bruce Saluk, & Associates of 529 Boston Post Road East, Marlborough, MA 01752. Deed of property is recorded in the Middlesex Registry of Deeds book 28160, page 444 and 443, book 1183, page 134 and book 1199 page 66. Location and description of property: two lots on Crowley Drive listed as Assessors Map 15 parcels 12, 12-D, and 12-E; Map 16 Parcel 1A and Map 29 Parcel 1.
170 Liberty Street
ANR
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 30, 2006.
Correspondence from Citys’ Code Enforcement Officer
Ms. Wilderman sent correspondence to the Board regarding the ANR application for 170 Liberty Street. Ms. Wilderman has no issue for the ANR review however would like the wording “2 car garage and apartment” be removed from the ANR before approval.
On a motion by Mr. Johnson, seconded by Mr. Hodge, it was duly voted:
To accept and file correspondence from the Citys’ Code Enforcement Officer, Pamela Wilderman and refer correspondence to the City Engineer.
56 Walker Street
On a motion by Mr. Coveney, seconded by Mr. Kerrigan it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Michael Ferro, of 56 Walker 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 25174, page 107. Location and description of property: several parcels of land on Walker Street; property shown on Assessors Map 93 Lots 111 and 111A.
102 Winter Street
On a motion by Mr. Johnson seconded by Mr. Coveney it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Louis P. LaCroix, of 102 Winter 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 24155, page 307. Location and description of property: several parcels of land on Walker Street; property shown on Assessors Map 68 Lot 39.
PUBLIC HEARING
175 Maple Street (7:15pm)
The Planning Board of the City of Marlborough held a public hearing on Monday, October 16, 2006 at 7:15 p.m. on a proposed zoning change for several parcels on Maple Street. Members present: Chairperson Barbara L. Fenby, Acting Clerk Philip Hodge, Edward Coveney, Clyde L. Johnson, Robert Hanson, Sean Fay and Steve Kerrigan. Also present: City Engineer Tom Cullen.
Chairperson Fenby introduced the staff and members of the Board and explained the public hearing process. Mr. Hodge read a copy of the advertisement into the record.
Notice is hereby given that the Planning Board of the City of Marlborough will hold a public hearing on Monday, October 16, 2006 at 7:15 P.M., at Memorial Hall, City Hall, 140 Main Street, Marlborough, MA on the following proposed amendment to the Zoning Ordinance:
BE IT ORDAINED BY THE CITY OF MARLBOROUGH, that the Code of the City of Marlborough, Chapter 200-Zoning, Section 08 “Boundaries Established: Zoning Map”, as amended be further amended as follows:
That the land located on Assessor’s Map 82, Parcels 132, 133,135 and 135A and that portion of Parcel 134, presently zoned “Industrial” to be rezoned to “Business”.
Per Order of City Council
#06100-1181
Arthur Bergeron gave a brief presentation on the zoning change. The layout map shows the parcels the change would affect which would be all of parcel 132, 133, 134, 135 and 135A which is 1/3 of the Marlborough Central Fire Station. College Street LLC has purchased parcels 132 and 135 to convert 175 Maple Street into apartments. They are asking to change the parcels from Industrial to Business zone.
In Favor
No one spoke in Favor
In Opposition
No one spoke in Opposition
There being no further discussion, the hearing was closed at 7:40 p.m.
Scenic Road (7:30pm)
547 Stow Road
The Planning Board of the City of Marlborough held a public hearing on Monday, October 16, 2006 at 7:30 p.m. for a scenic road located at 547 Stow Road at the request of the City Tree Warden, Chris White. Members present: Chairperson Barbara L. Fenby, Acting Clerk Philip Hodge, Edward Coveney, Clyde L. Johnson, Robert Hanson, Sean Fay and Steve Kerrigan. Also present: City Engineer Tom Cullen.
Chairperson Fenby introduced the staff and members of the Board and explained the public hearing process. Mr. Hodge read a copy of the advertisement into the record.
Notice is hereby given that the Tree Warden and the Planning Board of the City of Marlborough will hold a joint public hearing on Monday, October 16, 2005 at 7:30 P.M., at Memorial Hall, City Hall, 140 Main Street, Marlborough, MA in accordance with the requirements of the Code of the City of Marlborough, “Scenic Roads Act”, and MGL Chapter 40, section 15C and Chapter 87, Sec 3,4,5 of the General Laws in respect of removal of 2 shade trees located within the limits of the public way located at 547 Stow Road.
30” Sugar Maple
16” Norway Maple
Chris White the City’s Tree Warden explained to the Board of two trees located at 547 Stow Road were extremely damaged and posed a potential harm to the house and should be removed. They were spotted during a random check by Chris. He stated that the trees will be replaced with similar varieties.
In Favor
No one spoke in Favor
In Opposition
No one spoke in Opposition
There being no further discussion, the hearing was closed at 7:55 p.m.
Limited Development Subdivision (7:45pm)
197 Stow Road
The Planning Board of the City of Marlborough held a public hearing on Monday, October 16, 2006 at 7:45 p.m. for the proposed Limited Development Subdivision located at 197 Stow Road. Members present: Chairperson Barbara L. Fenby, Acting Clerk Philip Hodge, Edward Coveney, Clyde L. Johnson, Robert Hanson, Sean Fay and Steve Kerrigan. Also present: City Engineer Tom Cullen.
Chairperson Fenby introduced the staff and members of the Board and explained the public hearing process. Mr. Hodge read a copy of the advertisement into the record.
Notice is hereby given that the Planning Board of the City of Marlborough will hold a public hearing on Monday, October 16, 2006 at 7:45 P.M., at Memorial Hall, City Hall, 140 Main Street, Marlborough, MA on the following Application for a Special Permit for a Limited Development Subdivision, which proposal is herewith published in compliance with the requirements of the M.G.L. 41, §81T and is hereby set forth as follows:
NAME OF SUBDIVIDER: Nobel Construction
PO BOX 225
Southborough, MA 01772
NAME OF ENGINEER: Connorstone Engineering
10 Southwest Cutoff, Suite 7
Northborough, MA 01532
LOCATION OF PROPERTY: 197 Stow Road, Assessors Map 46 Parcel 32
4.73 Acres 4 Proposed Lots
A plan of the proposed subdivision is on file in the City Clerk's Office, the Planning Board Office, and the City Engineer's Office and may be seen prior to the public hearing.
Attorney David Gadbois informed the Board that he was representing the owners and the developer of the property who wish to subdivide their parcel into 4 lots with one lot which has the historic home. George Conners of Connorstone Engineering showed the possible LDS layout as well as the required conventional layout.
In Favor
Philip Purcell
116 Damon Road
Ashby, MA 01431
Mr. Purcell who owns the property said it was a great idea to put a limited amount of homes to preserve the farm-like feel.
Scott McCabe
23 Gregiore Drive
As a potential owner Mr. McCabe would like to see the board vote in favor of the development.
Mark Cappadonna
1050 Concord Road
Mr. Cappadonna is looking to purchase one of the lots as well. He believes this is a great use of the land.
In Opposition
Renato Alpizar
135 Stow Rd
Mr. Alpizar sent a letter via email to Carrie Lizotte, the Planning Board secretary, stating he was opposed to the development of new homes. He stated that the traffic and environmental impact would have a negative impact to the neighborhood.
Sheryl Traylor
151 Stow Road
Ms. Traylor stated she was opposed to the potential subdivision. She questioned how long the builder would be building. She also questioned the traffic impact with the developers’ trucks and the flow of traffic that would have a negative impact on the already “potholey” Stow Road.
In General
Andrew Calatayud
223 Stow Road
Mr. Calatayud said he did not have enough information to be for or against the development. He stated that he just received the limited development ordinance and he asked if the Board would consider continuing the public hearing so he can gather more information to ask the right questions.
David Gadbois
Attorney for Developer
Attorney Gadbois would not have any issue with continuing the public hearing as long as the Board would refer the plans to the City Engineer for review.
On a motion by Mr. Hodge, seconded by Mr. Kerrigan it was duly voted:
To continue the public hearing to the next meeting on Monday, October 30, 2006, and to refer all plans to Engineering to start their review.
On a motion by Mr. Johnson, seconded by Mr. Hanson it was duly voted:
To break for fifteen minutes.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Tom Cullen, the City of Marlborough City Engineer, stated at this time he did not have a subdivision update.
Acre Bridge Estates
Certificate of Guarantee
Correspondence from Attorney Rider stated that he has reviewed the Certificate of Guarantee and it was all set for a vote by the Board.
On a motion by Mr. Johnson, seconded by Mr. Coveney it was duly voted:
To allow Chairperson Fenby to sign the Certificate of Guarantee.
Extension of Covenant
On a motion by Mr. Coveney, seconded by Mr. Hodge it was duly voted:
To approve extension of the covenant as requested by the developer until November 15, 2007.
Country Club Estates
Stow Road Taking
Attorney Rider sent correspondence to the Board regarding the Stow Road Taking bond language. The language was previously reviewed by the previous City Solicitor where no changes were made. However, Mr. Rider proposed several new comments.
On a motion by Mr. Johnson, seconded by Mr. Hanson it was duly voted:
To table correspondence to the next meeting and invite City Solicitor Rider to discuss his comments on the Stow Road Taking.
Elm Farms
Cleversy Drive
Street Acceptance
On a motion by Mr. Hodge, seconded by Mr. Kerrigan it was duly voted:
To accept and refer the request for street acceptance to the City Engineer.
PENDING SUBDIVISION PLANS: Updates and Discussions
Hosmer Street
492 & 502 Hosmer Street
On a motion by Mr. Hodge, seconded by Mr. Coveney, it was duly voted:
To approve the special permit for a Limited Development Subdivision as allowed under Section 200-30 of the City Code, as the developer has met all of the requirements of that section of the Zoning Ordinance of the City of Marlborough.
Pleasant Farms
710 Pleasant Street
The Planning Board set a hearing date for a Preliminary Subdivision for November 6, 2006 at 7:30pm.
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMISSIONS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
SIGNS
Hooligans
493 Boston Post Road West
Mr. Edwin Brandt of Hooligans attended tonight’s meeting to discuss the non permitted non-compliant banner on his freestanding sign. The Board asked Mr. Brandt to apply for any such future banners or they will rescind his variance for the freestanding sign.
Marlborough Hospital
Request for additional directional signs
Mr. Baldelli of the Citys’ Department of Public Works Engineering Division has requested additional hospital directional signs located at the following sites: Lakeside Ave and West Main Street; West Main Street and Pleasant Street; Maple Street and Walker Street; Maple Street and John Street.
On a motion by Mr. Johnson, seconded by Mr. Kerrigan it was duly voted:
To allow the placement of the additional signs for CityplaceMarlborough Hospital in the above mentioned locations.
INFORMAL DISCUSSION
Limited Development Subdivisions
The Board would like to invite City Solicitor Rider to its next meeting on October 30, 2006 to discuss the procedure of changing the Limited Development Sign 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 9:10 p.m.
A TRUE COPY
ATTEST: _____________________________
Acting Clerk, Philip J. Hodge
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