PLANNING BOARD MINUTES
January 8, 2007
7:00 PM
The Planning Board for the City of Marlborough met on Monday, January 8, 2007 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara L. Fenby, Chairperson, Steve Kerrigan, Clerk, Phil Hodge, Robert Hanson, Clyde L. Johnson, and Sean Fay. Also present: City Engineer Tom Cullen.
ELECTION OF PLANNING BOARD OFFICERS 2007
The gavel was turned over to Steve Kerrigan to serve as Chairman Pro Tem for the election process.
Barbara Fenby was re-elected as Chair and unanimously elected as chair for the year of 2007.
Steve Kerrigan was duly nominated as clerk and unanimously elected as clerk for the year of 2007.
On a motion by Mr. Hodge, seconded by Mr. Hanson, it was duly voted:
To appoint Barbara L. Fenby as Chairperson and Steve Kerrigan as Clerk for a term to expire on December 31, 2007.
Steve Kerrigan returned the gavel was returned to Chairperson Fenby.
MINUTES
Meeting Minutes December 18, 2006
On a motion by Mr. Hodge, seconded by Mr. Kerrigan it was duly voted:
To accept and file the minutes of the meeting with the noted changes of Monday, December 18, 2006.
CHAIR’S BUSINESS
14 and 0 Berlin Road Map 14, parcel 37 B Ernie Houde
Correspondence was sent the City Council President, Arthur Vigeant, indicating the open land in question is of high interest in the city’s Open Space and Recreation Plan. However this parcel would only be important if it is tied to the adjoining parcel of the existing Christmas tree farm. The Conservation Commission is not recommending purchasing the parcel at this time.
On a motion by Mr. Kerrigan, and seconded by Mr. Johnson, it was duly noted:
To accept and file correspondence from the Conservation Commission.
APPROVAL NOT REQUIRED PLAN
497 and 515 Northborough Road West
At its meeting on Monday, January, 8, 2007, the Planning Board took the following action:
On a motion by Mr. Kerrigan, seconded by Mr. Johnson, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Jonathon Sockol, of Vivan Corporation, 16 Nottingham Road, Westborough, MA 01581. Name of Engineer: Bruce Saluk, of Bruce Saluk and Associates, 576 Boston Post Road East, Marlborough, MA 01752. Deed of property recorded in South Middlesex Registry of Deeds book 31747, page 241 and book 30597, page 316. Location and description of property: located at 53 Second Road; property shown on Assessors map 06, parcel 030.
257 Simarano Drive
On a motion by Mr. Johnson, seconded by Mr. Hanson, 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, January 22, 2007.
PUBLIC HEARING
Mauro Farm
Capital Group Properties has submitted a preliminary subdivision plan for the land located at addressStreet150 Cook Lane, Map 71 Parcel 36. According to the Mass General Laws Chapter 41 Section 81S a public hearing is not required. The City Solicitor, Donald Rider suggested to the Chair that you can still have a meeting with the interested parties to get their concerns without holding a public hearing. With an agreement by the applicant, Capital Group Properties, the hearing became an informational meeting to let the developer present its proposed to the public and hear their concerns.
The Chair introduced all of the members of the board including the City Engineer and the Planning Board Secretary. She advised the audience that everyone should direct questions to her and she will direct the questions to the proponent or others.
Sean Fay provided the Chair with a letter disclosing a conflict of interest pursuant to M.G.L. c. 268A, §19(b) (1) and M.G.L. c. 268A, §23(b)(3). The letter was read by the Clerk. The conflict was disclosed in writing to Mr. Fay's appointing authority, Mayor Nancy E. Stevens. Mayor Stevens stated that the interest set forth is not so substantial so as to be deemed likely to affect the integrity of the services which the City of Marlborough may expect from Mr. Fay and Mayor Stevens, pursuant to M.G.L. c. 268A, §19(b)(1) determined that Mr. Fay could participate in the matter. The written disclosure and determination were filed with the City Clerk in advance of the meeting.
Benjamin Smith of Tunison Smith presented the plan for Capital Group Properties. The land has approximately 15.87 acres. This is all open land at the present time and at one point it was an apple orchard. They have provided two concept plans. The first concept plan has 31 homes with the total of open space to be 18%. The second concept plan mirrors the first concept plan with only changes to the layouts of the roads as well with open space of 12.9%. Along the East side of the property runs Mowry Brook which is protected with the Massachusetts Rivers Protection Act. Both concept plans call for the temporary cul-de-sac at Roundtop Road to be extended to Cook Lane.
The Chair opened questions to the floor.
Councilor Robert Katz
City Councilor
Ward 1
Councilor Katz voted for the zoning change for the Mauro Farm. He was lead to believe that when they were going to develop 27 homes. He believes that the developer is pushing the envelope with the concept plans.
Councilor Towle
City Council
Ward 7
Councilor Towle stated that the developers promised to set aside an acre and a half for a neighborhood park. He stated on the preliminary plans fail to show a park.
Councilor Pope
City Council
Council at Large
Councilor Pope stated that when the developers attorney first asked for the rezoning efforts that they were not going to cut through using Roundtop Road. On the current plans they show a cut through on Roundtop Road. She was not pleased to see the plans showing the cut through.
Patrick Mauro
138 Cook Lane
Mr. Mauro lives between the two parcels, his question to the developer if his driveway would be encumbered. Mr. Smith stated that the current driveway would not be impacted and the right of way would remain the same.
Stephen Leduc
180 Essex Street
Mr. Leduc, who is also a State Representative, asked about the quality of life changes that would impact this neighborhood. He understands that the current owners have the right to sell the property. He wants to see the developers take adequate measures with a concern for the existing neighborhood. He also asked the question if the developer was planning to phase the project. The Chair stated that the board does not favor phased projects.
Mary O’Malley
30 Sherwood Drive North
Ms. O’Malley’s is a direct abutter to the property. She feels that she was misled by the developers. She sees a big discrepancy in the developers were increase of 27 homes to 31. She stated that opening up Roundtop Road would be a major concern to the neighborhood and that this could affect the value of the current homes. She would like to see the developers work with the neighbors.
Robert Vale
47 Roundtop Road
Mr. Vale would like to see the opening of Roundtop Road. He stated that it would be beneficial for emergency vehicles to have quicker access to the surrounding neighborhood.
Kiernan Moore
99 Clearview Drive
Mr. Moore stated that he thinks the way Roundtop Road in its’ current status is fine for the emergency vehicles. He does not think in an emergency the fire or police would drive through the city when they have a more direct access to the roads via Farm Road or Route 20. Mr. Moore also spoke towards the end of the meeting stating he would not like to see the developers held accountable for what they had promised to the neighbors.
Antonio Silverstri
199 Roundtop Road
Mr. Silverstri purchased the home because it was on a cul-de-sac and not a thoroughfare. He is very concerned that if they cut through the cul-de-sac the traffic would be a hardship affecting his home as well as his neighbors.
Nancy Brooks
97 Cook Lane
Ms. Brooks lives right on Cook Lane and the first concept plan includes a road opening directly across from her driveway. She believes she was promised that no new homes would be built on Cook Lane, it was to be left as open space and she is very concerned that all the construction traffic would make Cook Lane worse then it is presently.
Brian Daley
89 Cook Lane
Mr. Daley has concerns with the traffic already speeding up and down Cook Lane. He feels that the site lines are already an issue and the cars speeding is an accident waiting to happen.
John Sawyer
64 Marlton Drive
Mr. Sawyer spoke on how there are already drainage issues in the neighborhood. He states that the drainage is poor now he does not see how they can possibly fix it.
Mr. Smith acknowledges the drainage issue by stating all run off drainage to the site will be reflected to the detention ponds. They will be lowering grades to drains beneath the surface to the detention ponds. An extensive review will be done by the Engineering Department.
Meg Eisenhower
219 Essex Street
Ms. Eisenhower believes that the traffic will worsen and she does not agree with the development of the 31 houses.
John Grace
165 Roundtop Road
Mr. Grace questioned the style of homes and whether they were going to be comparable to the neighborhood. He would like to see the conceptional footprints of the homes that are to be developed.
Ms. Fenby stated that the layout of the homes on the concept plans is just to verify that they meet the “building envelopes” for the zoning ordinance.
Bruce Gelb
328 Cook Lane
Mr. Gelb lives further down for the proposed development. He believes this is easily going to be a three year disturbance to the neighborhood and he sees the 31 homes as an insult by the developers.
Tom Cosgrove
50 Marlton Drive
Mr. Cosgrove stated that the drainage will be a huge issue for the neighborhood. The drainage is already poor and in heavy rains the area affects all of Cook Lane.
Joe DiRico
191 Essex Street
Mr. DiRico asked if a traffic study will be performed.
Ms. Fenby stated that there is always a traffic study provided by the developers and it will be given to Engineering.
Lorraine Baldelli
157 Essex Street
Ms. Baldelli asked if it would be possible to make Essex Street as well as Hildreth Streets one way. She thinks this will reduce some of the traffic to the area.
Christopher Spiro
166 Roundtop Road
Mr. Spiro is concerned that the traffic from Route 20 as well as addressStreetFarm Road will use Roundtop Road if it becomes a through street. He stated that the area is already a battle zone just to get to the existing homes. He is just concerned for his children and the children in the neighborhood if the cut through is accepted.
Jim O’Malley
30 Sherwood Drive North
He is disappointed that the City never purchased the property with its first right of refusal. He was interested to know the sale price of the property to Capital Group and if in fact it was lower then what the owners offered to the City. He also stated that is was the neighbors who paid the ultimate price.
Mr. Denholm
157 Roundtop Road
Mr. Denholm stated that he was assured that there would be no break through on the cul-de-sac and he is very disappointed the plans show the break through. He said if the break through happened the traffic through Essex Street would be devastating to the neighborhood.
James Reilly
24 Marlton Drive
Mr. Reilly stated that the neighborhood has gone through a lot of requests of Mauro Farm, one point being a commercial building, to town homes and now to single family residences. He stated no break through of Roundtop was ever presented.
Christopher Dion
208 Cook Lane
Mr. Dion does not want to see the development of 31 homes.
Tina Govnernale
190 Roundtop Road
Ms. Govnernale sees a problem with the breakthrough. According to her, it would be awful to cut through an already busy street and this would be horrendous.
The Chair asked the Board if they had any questions for the developers.
Mr. Kerrigan who is our newest member and was not on the board while the rezoning was before the board took the liberty and read through the minutes. He questioned the developer his reasoning with the concept plan with the rezoning showed 27 homes when there are 31 homes being represented. The developer, Mr. William Depietri, told Mr. Kerrigan that the concept plans were just concept plans drawn up by a landscape architect. The plans were not final on how many homes can legally fit by the zoning ordinance.
Mr. Fay noted that the subdivision had the potential, because of the character of the property, to be on the best in the City. Mr. Fay also stated that the open space identified on the submission is an unusable, muddy, overgrown portion of the property, not suitable for a park. Mr. Fay also stated that as a member of the board, he should be entitled to rely on representations made by counsel for the developer at prior public hearings regarding characteristics of the development, and noted in particular, counsel's prior comments regarding the number of homes, the developer's willingness to build a playground, and counsel's assurances that the developer did not intend to create pass-through access onto Roundtop Road. Mr. Fay noted that the submission was not consistent with representations made by counsel during the re-zoning
process.
Mr. Depietri stated he was still committed to putting in a park and will look to open space on the development for a more suitable area.
Mr. Hodge spoke about the slippage in the concept plans to what was first presented with the zoning change. He states the proposed plans seem to be overreaching with the 31 homes. He’s fairly open to a new plan where a playground would be on usable space and not on wet space.
Mr. Johnson stated if he was to vote on these two concept plans he would turn both down. He stated that what was before the rezoning of Mauro Farm was better suited for the neighborhood and as the community.
Mr. Hanson stated that he agreed with what Mr. Johnson and that they should come back to the Planning Board with another plan that satisfied everyone’s concerns.
Letters received by the Planning Board that were read into record.
Councilor Levy
Councilor at Large
Councilor Levy wanted to express his concerns and reservations about the proposed development. He stated the developer has made several promises to the betterment of the City and the preliminary plans. His four main concerns are open space, traffic, water protection and density.
· The Developer committed 1.5 acres of open space in a past conversation and it is not shown on the plan.
· The traffic through the surrounding neighborhoods would likely get worse with the proposed cut through Roundtop. He stated that there is no reason adequate public safety that requires the cut through.
· He stated the proposal needs to be “re-worked” to provide dual access from Cook Lane.
· The structures being inside the 200 foot waterways buffer for the existing river zone.
· Proper soil tests need to be performed because of the prior use of Mauro Farm which was an apple farm.
· Density of project…31 homes is being proposed with only 27 discussed at the time of rezoning.
He is requesting to Planning Board allow no exception to increase the number of units beyond as-of right limits.
Conservation Commission
City of Marlborough
The Conservation Commission sent correspondence to the Planning Board the following concerns:
· The property borders a river, Mowry Brook, and needs at least a 200 buffer zone. Both concept plans show an encroachment.
· The applicant must show an alternative analysis to ensure wetland resource area.
· All drainage will need to meet more stringent water quality standards since all drainage will be directed to Mowry Brook which flows into the Sudbury Reservoir.
· The Conservation Commission questioned if there was ever consideration for an open space development? This map and parcel is part if the City’s Open Space Plan and an open space development concept plan may help to protect some of the open space, reduce pavement and utility lengths.
· Avalon Bay Apartment complex and their trail system is near the brook/waterway which abuts the Mauro Farm. A design to connect a trail system that can work for both the apartment complex as well as the development can help the city reach its goal of an interconnected trail loop within the city.
The Conservation Commission would like to see an open space development.
Susan Pressman
175 Roundtop Road
Ms. Pressman is very dismayed at the current plans for Mauro Farm. She stated that in previous meetings the developer stated that there was no plan to cut through Roundtop Road. She stated this would impact her neighborhood tremendously including the safety of all the children in the neighborhood. She also stated the open space and playground was not designated on the current plans. 31 homes instead of 27 homes would put extra drains on the schools, roads and infrastructure. She is angry and wonders if they can trust the developer at this point. She wonders what would become of her quiet neighborhood if the developer was able to build with the current concepts approved.
Mr. Kerrigan stated that with all the comments made by the Board and the community, the developers should take everything into consideration before any definitive plan is considered.
There was some question on what the statute of 81-S (premilnary plan) and if a decision was to be made within the 45 day limit. Since the Planning Board is on day 35 it was decided to ask the Citys PersonNameLegal Council.
On a motion by Mr. Fay, seconded by Mr. Hodge it was duly voted:
To table any decision until Mr. Rider was able to attend the meeting.
On a motion by Mr. Fay, seconded by Mr. Hodge it was duly voted:
To resume the meeting.
Mr. Rider explained to the board the stature which states “ within forty-five days after submission of a preliminary plan, each board shall notify the applicant and clerk of the city or town, by certified mail either that the plan has been approved, or that that the plan has been approved with modications suggested by the board or agreed upon by the person submitting the plan, or that the plan has been disapproved and in the case of disapproval the board shall state in detail its reason therefore.” Mr. Rider stated the Board needed to make a decision whether it being for approval or a denial of the preliminary plan. He also stated that the developer may withdraw his plans without prejudice and come back to the board with new plans.
William Depietri of Capital Group Properties submitted to the board a handwritten letter requesting to withdrawal their preliminary plan.
On a motion by Mr. Kerrigan, seconded by Mr. Hodge it was duly voted:
To accept and file letter of Capital Group Properties to withdraw the preliminary plans of Mauro Farm.
The Developer expects to have new plans drawn up with all concerns consdiered and to have them brought to the planning board before the next meeting on January 22, 2007. The Planning Board then agreed to hold a special meeting on January 29, 2007 to discuss the new plans and would invite the public if the new plans were submitted as expected.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Tom Cullen prepared an updated list of the subdivisions that are currently under development in the City.
Crystal Ridge
The Developers are asking the Planning Board to accept the roadway. However, there are several areas that need to be completed before the Planning Board will consider any request.
On a motion by Mr. Kerrigan, seconded by Mr. Hodge, it was duly voted:
To accept and file correspondence.
Davis Estates
The Tree Warden, Chris White along with the developer, Robert Valchuis are requesting a public hearing for a removal of an ash tree and for the stone wall to be disturbed until site work is completed.
A public hearing will be set for the first meeting in the month of February (schedule has not been set as of yet).
Eager Court
Passbook Performance Bond
The Passbook/Performance Bond as has been reviewed by the City Solicitor and the necessary changes have been made per his request.
On a motion by Mr. Kerrigan, seconded by Mr. Hodge it was duly voted:
To allow all members present to sign the documentation that is necessary for the Eager Court Passbook Performance Bond and to have the City Comptroller create the necessary account for the bond.
Once the passbook performance bond has been accepted by the Comptrollers office all other insurers will be released.
Elm Farm
The Developers asked the Planning Board to accept the roadway. However, with the updated the subdivision is showing several areas that need to be completed before the Planning Board will consider any request.
On a motion by Mr. Kerrigan, seconded by Mr. Hodge, it was duly voted:
To accept and file correspondence.
Forest Grove
United Casualty and Surety Insurance Company sent correspondence stating the bond for the mentioned subdivision was either canceled or a nonrenewal. Mrs. Lizotte did ask the engineer for the development if they were renewing the bond. He stated a letter was forthcoming.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and table making any motion until the board can consult with the legal department about proceeding without any roadway bond.
PENDING SUBDIVISION PLANS: Updates and Discussions
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
Purcell Farm/LDS/197 Stow Road
Correspondence from the Conservation Commissioner
Priscilla Ryder, the Conservation Commissioner, sent correspondence stating that the two house lots (lot 2 and lot 4) do contain a portion of the wetland buffer zone. She would like the developer to contact the Conservation Commission before the lots are developed to ensure all work is done outside of the Commissions jurisdiction.
On a motion by Mr. Johnson, seconded by Mr. Hanson it was duly voted:
To accept and file correspondence as well as to have the findings of facts reflect the request.
Decision on Limited Development Subdivision
Findings of Facts
The Board made several changes to the findings of facts.
On a motion by Mr. Hodge, seconded by Mr. Fay, it was duly voted:
To strike out facts number 22 and 23 with a new fact 22 to read “According to the City Engineering Department that each lot have adequate space to construct a shared driveway to the particular lot”.
The board then took a vote. With 4 members approving the special permit, one member denying the special permit (Mr. Hodge) and one member (Mr. Hanson) not comfortable voting until he studies the new findings of facts, the council for the developers asked if it was possible to table the decision until all members of the board are present.
On a motion Mr. Kerrigan, seconded Mr. Hodge it was duly voted:
To grant the request of extension of 60 days by the developers’ attorney or until all 7 members of the Planning Board are present to vote.
Pleasant Farms/ 710 Pleasant Street
Engineering Comments
Tom Temple, Assistant City Engineer, sent correspondence to the Planning Board in regards to the review of the preliminary plans for this subdivision. He is waiting to hear back from the developers to see if they are still going with the same concept or if they were going to take the Conservations Commissions’ suggestion and come back with an open space development.
On a motion by Mr. Johnson, seconded by Mr. Hanson it was duly voted:
To ask Mr. Cullen, the City Engineer, or Mrs. Lizotte to place a call to see what direction the developer will be pursuing and report back to the Planning Board at the next regular meeting.
DEFINITIVE SUBDIVISION SUBMISSIONS
Residences of Oak Crest
Covenant
On a motion by Mr. Kerrigan, seconded by Mr. Hodge it was duly voted:
To accept and refer the covenant to the legal department for a full review.
SCENIC ROADS
SIGNS
INFORMAL DISCUSSION
Limited Development Subdivision
COMMUNICATIONS/CORRESPONDENCE
On a motion by Mr. Kerrigan, seconded by Mr. Johnson, 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. Johnson, it was duly voted:
To adjourn at 10:00 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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