PLANNING BOARD MINUTES
October 30, 2006
7:00 PM
The Planning Board for the City of CityMarlborough met on Monday, October 30, 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.
MINUTES
Meeting Minutes October 16, 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, October 16, 2006.
CHAIR’S BUSINESS
City Council
Sign Ordinance
Correspondence from the City Council was sent to the Planning Board indicating the updating of the so-called sign ordinance had been tabled.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence on the so-called Sign Ordinance.
Scenic Roads
Councilor Juaire addressed the Planning Board regarding the correspondence from the City Council regarding the review of the list of “Scenic Roads”. He suggested considering a special designation for each public way.
Mr. Johnson proposed sending a letter to the City Council asking that when street signs for scenic roads were replaced they could add the designation “Scenic” to each.
On a motion by Mr. Johnson, seconded by Mr. Hanson it was duly voted:
To send correspondence to the City Council and the Mayor asking to add “Scenic” to street signs for all Scenic Roads in the City of Marlborough.
On a motion by Mr. Coveney, seconded by Mr. Hodge it was duly voted:
To table correspondence from the City Council.
City Solicitor
Country Club Estates
Stow Road Takings
The Planning Board asked for clarification from the City Solicitor of his lengthy proposed bond language for Country Club Estates. The City Solicitor explained that while reviewing the covenant for Country Club Estates he found some inconsistencies and he pointed them out in his letter.
On a motion by Mr. Hodge, seconded by Mr. Hanson it was duly voted:
To refer the correspondence from the City Solicitor to the Developers’ of Country Club Estates for their review and correction of the proposed bong language.
Limited Development Subdivisions
The City Solicitor gave indicated he has not had time to review the revised language for the Limited Development Subdivision and once he has reviewed it he will notify the Board on how to proceed.
Change in Zoning Ordinance-Retirement Community
A letter from Nancy Stevens, the Mayor of Marlborough, requested the City Council to refer the change in zoning ordinance for retirement community back to the Mayor’s Office.
On a motion by Mr. Johnson, seconded by Mr. Kerrigan, it was duly voted:
To accept and file correspondence.
Change in Zoning Ordinance-175 Maple Street
On a motion by Mr. Hodge, seconded by Mr. Fay it was duly voted:
To send a recommendation to City Council that Map 82, Parcels 132, 133,135, and 135A and the portion of Parcel 134 now zoned “Industrial” be rezoned to “Business”.
Scenic Roads
547 Stow Road
On a motion by Mr. Hodge, seconded by Mr. Hanson it was duly voted:
To approve to the Citys’ Tree Warden’s removal of the two damage and risky trees.
39 Gregiore Drive
Open Space Pool Denial
The Boninas reside at 39 Gregiore Drive which is part of an Open Space Development. They have applied for an in-ground pool and they were denied a pool permit by the Building Department for trying to place the pool in a no build zone. They went before the Board back in 2003 and sought a legal determination. They are back before the Board asking for a variance to build their pool. Mrs. Bonina did a presentation showing a slideshow of the property and both the no-build zones and the no-cut zones.
Mr. Johnson asked why they were trying once again to build in a “No build zone”. The Open Space Development special permit granted by the Planning Board clearly states that no structures are allowed in a “No build zone”. They stated that they would like to build a pool for their children.
Mr. Bonina asked what was considered a structure? With several members giving different opinions it was proposed to ask the Building Commissioner for a definition.
On a motion by Mr. Johnson, seconded by Mr. Hanson it was duly voted:
To send correspondence to the City Engineer asking to determine the no-build zone, to send correspondence to the legal department requesting clarification of the language and to send correspondence to the Building Commissioner for his explanation of the meaning of a structure.
Signs
On a motion by Mr. Johnson, seconded by Mr. Kerrigan it was duly voted:
To move up the Signs Portion (2h) to Scenic Roads (2A).
APPROVAL NOT REQUIRED PLAN
170 Liberty Street
ANR
On a motion by Mr. Kerrigan, seconded by Mr. Coveney, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Karen A. Boule, of 170 Liberty Street, Marlborough, MA 01752. Name of Engineer: Inland Survey, Inc. of 16 Gleasondale Road, Suite 1-2 Stow, MA 01775. Deed of property is recorded in the Middlesex Registry of Deeds book 27755, page 62. Location and description of property: several parcels of land on Liberty Street; property shown on Assessors Map 81 Lot 218.
492 Hosmer Street & 502 Hosmer Street
ANR
On a motion by Mr. Coveney, seconded by Mr. Kerrigan 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, November 6, 2006.
PUBLIC HEARING
Limited Development Subdivision (7:45pm)
197 Stow Road
Continuance
The Planning Board of the City of Marlborough held a continuance of a public hearing that was open 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.
Tim Peris of Connorstone Engineering showed the Limited Development Subdivision layout as well as the required conventional layout.
In Favor
Philip Purcell
16 Damon Road
Ashby, MA 01431
Mr. Purcell stated he is still in favor of the development.
Julie Purcell
197 Stow Road
Ms. Purcell stated she is still in favor of the development.
David Gadbois
Attorney for the Purcell’s’
Attorney Gadbois stated he and Ms. Purcell were able to meet with the concerned neighbor and that they were able to answer the neighbor’s questions. The Neighbor requested that a portion of the driveway turn around for parcel 2 to be changed, that there be an easement granted to parcel 1 for the side-yard of parcel 2 which would be their front yard.
In Opposition
Andrew Calatayud
223 Stow Road
Mr. Calatayud read a letter to the planning board specifying his objections to the development. Some key points in this letter were that he believed the developer does not have enough evidence of “sufficient advantage” to depart from the conventional requirements. He also stated that the two LDSs’ that were granted consisted only of single lots and believes that a density reduction of one lot does not provide a sufficient advantage from conventional subdivision requirements. He is asking the Board to reject the proposal
The public hearing closed at 8:10 pm.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Tom Cullen, the City of Marlborough City Engineer, gave the Board an updated subdivision list. The list show the progress of several subdivisions including Fiddlehead in which, Mrs. Lizotte informed the Board, was in the legal proceedings for final approval.
Mr. Johnson left the meeting at 8:15pm.
Elm Farms
Cleversy Drive
Street Acceptance
Tom Temple, Assistant City Engineer, sent correspondence regarding the outstanding work items that still need to be addressed for this subdivision before the Board should approve any reduction in bond or put the subdivision in the maintenance period.
On a motion by Mr. Hodge, seconded by Mr. Coveney it was duly voted:
To accept and file the correspondence from the Assistant City Engineer.
Crystal Ridge Estates
Danjou Drive
Street Acceptance
The Attorney for the developers is asking for the Planning Board to accept the subdivision. The City Engineer received the same request and sent correspondence to the back to the Developers.
On a motion by Mr. Hodge, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence from the Assistant City Engineer.
Davis Estates
Extension
The Attorney for the developers are asking for an extension for the subdivision.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence, to grant an extension to March 14, 2008 and ask the developers to provide a subdivision schedule to the Engineering Department.
Eager Court
Bond Reduction & Maintenance Period
The Developers of the subdivision are looking for a reduction in their bond and asking to be put onto the year maintenance period.
On a motion by Mr. Coveney, seconded by Mr. Hanson it was duly voted:
To accept correspondence and refer correspondence to the City Engineer.
Forest Trial
Extension
The Developer is asking for an extension of his subdivision.
To accept correspondence, grant the extension to September 12, 2007 and to ask the developer to send a new completion schedule to the City Engineer.
PENDING SUBDIVISION PLANS: Updates and Discussions
Pleasant Farms
710 Pleasant Street
The Planning Board rescheduled the public hearing date for a Preliminary Subdivision for November 20, 2006 at 7:30pm.
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMISSIONS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
SIGNS
INFORMAL DISCUSSION
Limited Development Subdivision
COMMUNICATIONS/CORRESPONDENCE
On a motion by Mr. Kerrigan, seconded by Mr. Coveney, it was duly voted:
To accept all of the items listed under communications and/or correspondence.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney, it was duly voted:
To adjourn at 8:40 p.m.
A TRUE COPY
ATTEST: _____________________________
Acting Clerk, Philip J. Hodge
| 