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Planning Board Minutes 11/20/2006
PLANNING BOARD MINUTES
November 20, 2006
7:00 PM


The Planning Board for the City of Marlborough met on Monday, November 20, 2006 in Memorial Hall, 3rd floor, City Hall, placeCityMarlborough, StateMA PostalCode01752.  Members present: Chairperson Barbara Fenby, Acting Clerk Phil Hodge, Robert Hanson, Clyde L. Johnson, Sean Fay and Steve Kerrigan. Also present: City Engineer Tom Cullen.

MINUTES

Meeting Minutes October 30, 2006

On a motion by Mr. Hodge, seconded by Mr. Johnson it was duly voted:

To accept and file the minutes of the meeting of Monday, October 30, 2006.

Meeting Minutes November 6, 2006

On a motion by Mr. Hodge, seconded by Mr. Johnson it was duly voted:

To accept and file the minutes of the meeting with the minor changes of Monday, November 6, 2006.

Meeting Agendas to City Engineer

On a motion by Mr. Johnson, seconded by Mr. Hanson it was duly voted:

To send an agenda packet to the City Engineer for upcoming meetings.


CHAIR’S BUSINESS

Correspondence from City Council

Chapter 79

The City Council of the City of Marlborough accepted the Chapter 79 of the acts of 2006-An Act Further Regulating Meetings of Municipal Boards allowing members of any board, committee or commission to hear testimony of audio or video if they have missed an adjudicatory hearing shall not be disqualified from voting.

The sense of the board was to continue the meetings as the same and only upon request of a member of the board to use audio taping when necessary.

On a motion by Mr. Johnson, seconded by Mr. Hodge it was duly voted:

To accept and file correspondence from the City Council.

So-called Sign Ordinance

The City Council of the City of Marlborough accepted the amendment to the so called sign ordinance which “No variance shall be allowed by the Planning Board from the date on which this sentence becomes effective until July 1, 2007”.  The amendment passed on October 30, 2006.

On a motion by Mr. Johnson, seconded by Mr. Hodge it was duly voted:

To accept and file correspondence from the City Council.


APPROVAL NOT REQUIRED PLAN

PUBLIC HEARING

Pleasant Farms (7:30 pm)

The Planning Board of the City of Marlborough held a public hearing on Monday, November 20, 2006 at 7:30 p.m. on a proposed subdivision for several parcels on Pleasant Street.  Members present: Chairperson Barbara L. Fenby, Acting Clerk Philip Hodge, 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, November 20, 2006 at 7:30 P.M., at Memorial Hall, City Hall, 140 Main Street, Marlborough, MA on the following Preliminary Subdivision Plan “Pleasant Farms” 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:             Kendall Homes, LLC
                                        67 Smith Road
                                                                Northborough, MA 01532                                          
NAME OF ENGINEER:               Thompson-Liston Associates, Inc.
                                        51 Main Street, P.O. Box 570
                                        Boylston, MA 01505

LOCATION OF PROPERTY:   8.6 acre lot off of Pleasant Street

A plan of the proposed subdivision is on file in the City Clerk's Office, the PersonNamePlanning Board Office, and the City Engineer's Office and may be seen prior to the public hearing.

James Tetreault of Thompson-Liston Associates gave a small presentation of the subdivision. They are proposing a 12 lot subdivision with a cul-de-sac. This site is presently all wooded.  They are willing to create an access road.  Each individual lot will have dry wells for the water run off. They will be asking for 2 waivers, one being a dead end street for the emergency vehicle access to Matheson Drive (Pumping station for the City of Marlborough) and the other being a sidewalk on only one side of the street. Mr. Tetreault also showed the alternative plans which for A1 it showed 14 by right lots and A2 showed 5 lots.

Mr. Hodge asked the question if break away gates would be used and if the access would be paved? Mr. Tetreault that if that is what is required then they would have that in place.

In Favor

No one spoke in favor

In Opposition

No one spoke in opposition

In General

Stephen Lucas
133 Matheson Drive

Mr. Lucas stated that the cul-de-sac on Matheson Drive was large enough for school buses for a turn around. He also stated that after seeing the alternative plans he would prefer plan A2.

Laurie King
133 Matheson Drive

Ms. King stated she was concerned for the wetlands. There are natural streams that run through that property.

Priscilla Ryder
Conservation Officer
City of Marlborough

Through correspondence, Ms. Ryder and the Conservation Commission, made several comments that included the wetland buffer which pertains a perennial stream that is not shown on the plan, a trout stream which is one of three that are left in the city and the parcel north of the plan which to be transferred from the Massachusetts Highway Department to the Department of Fisheries and Wildlife to be preserved as open space. They are recommending the Board to consider plan A2.

Mr. Tetreault stated when he did his research that there was according to the USGS no perennial stream shown on the map and that the stream stopped 1300 feet away from the subdivision.

Mr. Lucas
133 Matheson Drive

Mr. Lucas stated that he has lived on Matheson Drive for sometime now and there has always been a stream during the summer and spring months.

With no more being said, the Public Hearing was closed at 8:00.

SUBDIVISION PROGRESS REPORTS

Update from City Engineer

Tom Cullen stated that there no major modifications being done as developers are preparing to winterize their subdivisions.

Davis Estates

Attorney Cipriano sent correspondence to inform the board his clients are no longer pursuing the name of Betty Davis Drive and that they will be selecting a veteran’s name that is selected by the Engineering Department.

On a motion by Mr. Hanson, seconded by Mr. Fay it was duly voted:

To accept and file correspondence.

Forest Trail

On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:

To table Forest Trail until a latter part of the meeting.

On a motion by Mr. Hodge, seconded by Mr. Kerrigan, it was duly voted:

To remove the tabling of this portion.

The developer of the Forest Trail Subdivision sent Mrs. Lizotte an email for the completion schedule. Mr. Mutti is also requesting to be placed on the one year maintenance period.

Mr. Johnson stated that while looking at the unpaid tax information Mr. Mutti has not paid his taxes for Mosher Lane and Hemenway Street. He is suggesting the Board hold all requests from Mr. Mutti until the taxes are paid in full.

On a motion by Mr. Johnson, seconded by Mr. Hanson, it was duly voted:

To put a hold on all requests from Mr. Mutti until all taxes for Mosher Lane and Hemenway Street are paid.

Waters Edge

The developer is asking for the Board to start the proceedings to accept the subdivision.

On a motion by Mr. Hodge, seconded by Mr. Johnson it was duly voted:

To accept and file correspondence and refer correspondence to the City Engineer.


PENDING SUBDIVISION PLANS: Updates and Discussions

PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMISSIONS

39 Gregiore Drive
Correspondence from Steve Reid

Mr. Reid was asked by the Planning Board to define the meaning of a structure according to the City’s Zoning Ordinance. He stated that a structure is defined as “anything constructed or erected…but not included fences.”

On a motion by Mr. Johnson, seconded by Mr. Hodge it was duly voted:

To accept and file correspondence from Steve Reid and to send a copy to the landowners.

Tom Cullen, City of Marlborughs’ City Engineer sent correspondence to the Planning Board stating that the no build zone was never in question.

On a motion by Mr. Hodge, seconded by Mr. Johnson it was duly voted:

To accept and file correspondence from Tom Cullen.  

197 Stow Road-LDS

The Developer is requesting a 60 day extension to submit additional information.

On a motion by Mr. Hodge, seconded by Mr. Hanson it was duly voted:

To accept and file correspondence and to grant a 60 Day extension.

Pleasant Farms (710 Pleasant Farms)

The Developer is asking for a 60 day extension for their subdivision which is under review.

On a motion by Mr. Hodge, seconded by Mr. Johnson it was duly voted:

To accept and file correspondence and to grant a 60 Day Extension.

DEFINITIVE SUBDIVISION SUBMISSIONS

SCENIC ROADS

SIGNS

INFORMAL DISCUSSION

Limited Development Subdivision

COMMUNICATIONS/CORRESPONDENCE

On a motion by Mr. Kerrigan, 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