PLANNING BOARD MINUTES
January 22, 2007
7:00 PM
The Planning Board for the City of Marlborough met on Monday, January 22, 2007 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara L. Fenby, Chairperson, Steve Kerrigan, Clerk, Phil Hodge, Clyde L. Johnson, and Sean Fay. Also present: City Engineer Tom Cullen.
MINUTES
Meeting Minutes January 08, 2007
On a motion by Mr. Hodge, seconded by Mr. Kerrigan it was duly voted:
To table the minutes until the next regular scheduled meeting on February 12, 2007.
CHAIR’S BUSINESS
2007 Meeting Schedule
On a motion by Mr. Johnson, seconded by Mr. Kerrigan, it was duly voted:
To accept and file the meeting schedule and post with the City Clerk.
Beacon 495 Center
Beals and Thomas submitted documentation of a revised sewer location required by from the Massachusetts Historical Commission in response to the initial Notice of Project Change.
On a motion by Mr. Kerrigan, seconded by Mr. Hodge, it was duly voted:
To accept and file correspondence and to refer the correspondence the Marlborough Historical Society and the Engineering Department.
City Council/19 Miele Road
Correspondence was received from the City Council in regards to the road conditions on Miele Road. Mr. Greg Breitenfeld who lives at 29 Miele Road has spoken to the Street Department and the Engineering Department regarding the “ice float” on his street as well as the sinkhole that is still in his neighbors drive. This street is part of the Orchard Estates III Subdivision and has not been completed. The City Council is asking the Planning Board to review the status.
Mr. Cullen advised the Board that the last correspondence was sent to the developer in 2004 and since then they have only limited results in the completion process.
On a motion by Mr. Hodge, seconded by Mr. Johnson it was duly voted:
To invite the developer, Neil Fossile, to come before the board to discuss resolving the current issues located on Miele Road and to ask the City Engineer to review the bond status.
APPROVAL NOT REQUIRED PLAN
257 Simarano Drive
Tim Collins, Assistant Civil Engineer for the City of Marlborough, reviewed the submission of the ANR plan and noted several changes that need to be made before the he will approve the plan.
On a motion by Mr. Johnson, seconded by Mr. Kerrigan it was duly voted:
To accept and file correspondence from Tim Collins.
PUBLIC HEARING
640 Bolton Street/Rezoning
The Planning Board held a public hearing for an Amendment to the Marlborough Zoning Ordinance, Chapter 200, Sec. 200-300 and Mass Gen. Laws C40A. Sec. 5, whereby a portion of the subject parcel would be rezoned from Residential A-2 to the Limited Industrial District.
The Chair introduced all of the members of the board and 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.
Aldo Cipriano presented on the request for the zoning change. This parcel is abutted by a medical building, the old City landfill and a residential neighborhood. The current owner, Dr. Rittenhouse and Lakeview Realty Trust, would like to add another medical building to the site. In order for this to happen, they need to extend the LI district. This will make the LI District continuous and add more to the depleting LI districting in the City.
Dr. Rittenhouse explained he would like to see another medical building at the parcel to attract more doctors to serve the growing population of Marlborough and Hudson will benefit.
In Favor
No one spoke in favor of the change in zoning.
In Opposition
Becky Salemi
32 Blaiswood Ave.
Ms. Salemi presented a list of concerns she and her neighbors would like to address:
· The “saw tooth” nature of the layout.
· They feel like they are being encroached by industry.
· The proposed building will “loom” over the neighborhood.
· They are worried about the soil conditions and potential environmental impact on the lake.
· They would like to save as many trees as possible as a buffer.
· They are also concerned with LI district. If it gets rezoned as LI and a medical building is built who would govern the use of offices in the building.
· They also are concerned about the traffic.
Edward Clancy
Ward 6 Councilor
Councilor Clancy has met with neighbors and Dr. Rittenhouse regarding the proposed change in the zoning ordinance. The neighborhood next to 640 Bolton Street (Blaiswood Ave) has seen many changes in the surrounding area with the city dump which turned into the city landfill and is in the process of vegetation growing over the site. He states that “life is better down there” at the present time and changing the zoning to add a medical building would be detrimental.
Mr. Clancy did ask Attorney Cipriano if the owners owned the current lot. Attorney Cipriano stated that they owned everything except a back portion of the lot which will be acquired. Mr. Clancy stated that Mr. Cipriano should take another look because Mr. Clancy believes the City owns several parcels. Mr. Cipirano stated there was a full review of the deeds and they will be reviewed again.
Mr. Clancy then asked the Attorney if his owner thought of going through the special permit process instead of re-zoning process. Mr. Clancy believes that it would be more beneficial to seek a special permit rather then for the rezoning.
Alan Deamicis
9 Blaiswood Ave.
Mr. Deamicis believes that the rezoning should not take place.
William Barry
35 Blaiswood Ave.
Mr. Barry wanted to clarify of the zoning maps. He stated that they already show this land in the LI district. He also stated that several paper streets still show on the maps and asked if the City would ever able to develop the streets. Mr. Cipriano explained that the fee (the land itself) was owned by Lakeview Realty Trust which means they own all the land including the paper streets.
Kevin Ripley
14 Blaiswood Ave.
Mr. Ripley wanted to state that he would like to see the trees behind his house remain. He thinks it would be a huge expense to cut the trees and rezone. He does want to see his neighborhood “start over”.
Robert Braga
27 Blaiswood Ave.
Mr. Braga would not like to see the rezoning.
Gary Everett
28 A Blaiswood Ave.
Mr. Everett is concerned because the one of the paper streets is his driveway. He stated that he would like to see a bigger buffer of trees surrounding neighborhood.
Aldo Cipriano explained to the neighbors and the Planning Board that the site will have to go through the site plan process where the development would be reviewed further by all departments. He assured Mr. Everett he could continue using his existing driveway.
In General
William Barry
35 Blaiswood Ave.
Mr. Barry asked about the business hours and types of doctors who would be practicing. He wanted to know what type of clients were expected and hopes the offices would not be attracting the wrong type of clients.
This part of the hearing was closed.
Mr. Kerrigan asked about the proposed building and if there was a reason for the parking to expand so far back into the parcel. Attorney Cipriano stated that the plan before them was only a concept plan and the building would be going through the site plan process.
Mr. Hodge asked if they would consider leaving the back edge of the property residential or donating a small strip of land to the City as open space in order to guarantee the parcel could not be used for a driveway or road access to the large LI parcel behind it. He also asked that they consider some alternative to the parking situation; possibly a parking structure reducing the coverage for the lots would probably make the proposal more attractive to the abutters.
The Public Hearing Closed at 8:00pm.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Tom Cullen stated at this time he did not have any further updates on the subdivision progress.
Davis Estates
Tom Cullen reviewed the plans for this subdivision and said there was a question if the stonewall was subject to the Citys Scenic Road Act. Mr. Cullen verified that it was located outside the R.O.W. and on private property.
On a motion by Mr. Johnson, seconded by Mr. Kerrigan it was duly voted:
To accept and file correspondence from the City Engineer and to ask the City Solicitor to clarify what the bounds are between the scenic roads right of way and privately owned.
PENDING SUBDIVISION PLANS: Updates and Discussions
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
Purcell Farm/LDS/197 Stow Road
Correspondence from Andrew Calatayud
Mr. Calatayud sent correspondence to the board stating that in the findings of facts had several mischaracterizations and misquotes on his position that needed to be clarified.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence from Mr. Calatayud.
Mr. Hodge stated that he believes what Mr. Calatayud quoted on his behalf was not quite accurate with the “single lot only” language taken out of context.
Extension
David Gadbois, council for the developer asked the Planning Board to extend the timetable for final action until the regular board meeting on March 26, 2007.
On a motion by Mr. Hodge, seconded by Mr. Fay it was duly voted:
To accept and file correspondence by Attorney Gadbois on behalf of his client Noble Construction and to GRANT the extension until March 26, 2007; and to notify the City Clerk.
Pleasant Farms/ 710 Pleasant Street
Correspondence from Kendall Homes
Kendall Homes asked to withdraw their preliminary plan. Upon further recommendations and review they are going to submit an open space special permit in the near future.
On a motion by Mr. Kerrigan, seconded by Me. Hodge it was duly voted:
To allow withdraw of preliminary plans at the request of the developer.
DEFINITIVE SUBDIVISION SUBMISSIONS
Residences of Oak Crest
Covenant
This portion was not discussed due to the Covenant not having been reviewed by the Legal Department. The Covenant should be ready at the next regular meeting on February 12, 2007.
SCENIC ROADS
SIGNS
INFORMAL DISCUSSION
“Date” spread sheet
The Secretary was asked to start an overall spread sheet for tracking of due dates. Chairperson Fenby and Mrs. Lizotte will work on this project.
Limited Development Subdivision
Mr. Hodge would to obtain the wording he proposed to the change in the ordinance. It was asked of Mrs. Lizotte to obtain a copy from the City Solicitor.
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 8:30 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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