PLANNING BOARD MINUTES
January 29, 2007
7:00 PM
The Planning Board for the City of Marlborough met on Monday, January 29, 2007 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara L. Fenby, Chairperson, Steve Kerrigan, Clerk, Phil Hodge, Edward Coveney, Robert Hanson, Clyde L. Johnson, and Sean Fay. Also present: City Engineer Tom Cullen.
The Planning Board held a special meeting of the plans to discuss the new concept plans for Mauro Farms Subdivision before a definitive plan would be submitted. The Chair explained that the Developers would present the concept plans and then she would open up the floor for questions or comments.
Steve Kerrigan read into the record Sean Fays’ disclosure of a conflict of interest pursuant to M.G.L. c. 268A, §19(b) (1) and M.G.L. c. 268A, §23(b)(3). 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.
Ben Smith of Tunison Smith presented to the board two new concept plans, one conventional and the other an open space plan. Both plans show a reduction from the original concept plans from 31 homes and 4 streets to 27 homes and 3 streets with both plans showing no cut through on Roundtop Road and a significant amount of open space on the southern portion of the plan.
The first concept plan shows 19 lots on the southern portion and 8 lots on the northern portion with 3 of the lots along Cook Lane. This reduces the number of lots, impervious roadways and leaves 27 ½ percent of open space. This plans shows 3 cul-de-sacs and will be asking for one waiver on Road A for the road length of 830 feet. The plan also shows open space via the cul-de-sac on Road A.
The second plan shows an open space concept plan with 19 lots on the southern portion and 8 lots on the northern portion. There will be 3 roads, 2 on the southern portion and the other on the northern portion accessing at the Cook Lane high point for maximum site distance. The open space will total 36.2 % with access on Cook Lane that connects to the open space on the western part of the plan. There would be no waivers requested, however easements would have to be granted with the plans showing common driveways.
In Favor
No one spoke in favor.
In Opposition
Tom Cosgrove
50 Marlton Drive
Mr. Cosgrove wanted to know if Capital Group purchased the land for the same price that it was offered to the City. He later asked if the developer was still planning to build cape style homes.
Dr. Fenby explained that the first question was beyond the scope of the board. Mr. Smith stated they are not exactly sure of what type of home that will be built.
Paul Gale
82 Cook Lane
Mr. Gale was asked about the buffer zones and if the current homes would be buffered?
Mr. Smith explained that there would be a 40 foot buffer which would be considered a “no build zone” and would have to remain undeveloped.
Jim O’Malley
30 Sherwood Drive
Mr. O’Malley asked if the open space was intended to only benefit the Mauro’s.
John Grace
165 Roundtop Road
Mr. Grace questioned who granted the waivers that the developers were requesting.
Dr. Fenby explained to Mr. Grace that the whole review process is done by the City Engineering department and they recommend if there is a benefit of waivers.
Patrick Mauro
130 A Cook Lane
Mr. Mauro asked if there was going to be screening for the neighbors.
Dr. Fenby explained that this was still a concept plan and the definitive plans will show screening and buffers.
Mary O’Malley
30 Sherwood Drive
Mrs. O’Malley questioned how much of a buffer would be left between her yard and the development as well as usable open space.
Dr. Fenby explained that there would be a buffer of 40 feet of vegetated space that would border the development. Mr. Smith outlined the usable space on the plan.
Joe Riley
2 Robinhood Drive
Mr. Riley asked about the parking for the open space plan.
Mr. Smith showed where parking would be available on both plans. On the conventional plan the parking would be on the cul-de-sac on Road A. On the open space plan the parking would be off of Cook Lane where the developer would ask for a curb cut for parking spaces.
Dr. Fenby recommended the Developers consider adopting the same parking concept that is currently used across the way from the Marlborough Fish and Game Club off of Elm Street.
John Sawyer
64 Marlton Drive
Mr. Sawyer would like to see no parking on Cook Lane for the open space development.
Kieran Moore
99 Clearview Drive
Mr. Moore asked if the roads on the southern portion of the subdivision still have a direct access from Essex Street.
Mr. Smith stated that the rules and regulations states that any road that is directly across from an establish street must “line up” or must be askew by 150 feet.
Richard Towle
Ward Councilor 7
Councilor Towle asked on how many units the developer was planning to build and if there was a chance the developer would consider using larger lots for a premium price.
Mr. Smith stated that there was 27 houses planned and that using larger lots has not been discussed by the developer.
Sharon Mattingly
117 Cook Lane
Ms. Mattingly asked if it was possible to redirect Road C.
Mr. Smith explained that the position of Road C was at the high point of Cook Lane and was there to achieve site distance that is acceptable by the rules and regulations.
Trisha Pope
Councilor at Large
Councilor Pope asked who would be required to maintain the park or would the park be maintained by the City at the Citys’ expense. She also stated the need for parking for the park and walking trails.
Chris Dion
208 Cook Lane
Mr. Dion wanted to go to record stating he prefers Plan A to Plan B.
Bruce Gelb
328 Cook Lane
Mr. Gelb stated that the developers are showing a “feel good” plan. However, with the open space plan there would be a lot of open space that may attract the wrong kind of people coming into the neighborhood.
Mary O’Malley
30 Sherwood Drive
Mrs. O’Malley would like to go on record that she supports bigger lots.
John Sawyer
64 Marlton Drive
Mr. Sawyer asked the question if soil testing will be done since the site was a former apple orchard.
Mr. Smith stated that there will be testing done.
This portion of the meeting was closed at 7:35pm.
Letters
Mr. and Mrs. Jim O’Malley
30 Sherwood Drive
Mr. and Mrs. O’Malley wanted to share their view after they have reviewed the current plans. They find it “unacceptable” that Capital Group is looking to squeeze in 27 houses and this would put a strain on the City of Marlborough’s’ finances, resources and services. Another concern is the amount of buffer the developer intends for the abutters. They would like the Planning Boards support in their efforts to minimize the amount of houses as well as maximizing the amount of usable open space.
Attorney William Pezzoni
Mirick O’Connell
1700 West Park
Westborough, MA 01581
Attorney William Pezzoni stated in his letter to the board while presenting the rezoning he stated several times that the plans were conceptional plans only. He also states that while the rezoning was before the City Council he did agree that his client would exceed the ten percent open space requirement. He also stated in his letter that at the time the developer had no intension of cutting through the cul-de-sac on Roundtop Road, however a predecessor Planning Board had designed and designated to be used as a direct connection to the Mauro Property. He also stated that Mr. Depietri is a very conscientious developer and he is willing to work with the community addressing all their concerns.
Board Questions
Mr. Kerrigan asked Mr. Smith about the combined driveways on the open space concept plan.
Mr. Smith stated the reason they used the combined driveways was less impervious space on the ground the less chance of contamination seeping into the ground. Each driveway would require an easement granted.
Mr. Johnson asked when the plans will be presented. Mr. Smith stated once the plans have been consider with the questions and comments from tonight’s meeting they will be turned into a definitive plan.
Mr. Hodge asked Mr. Smith if it was their intension on going with the Open Space plan. Mr. Smith said it would be a decision that his developer would be making.
Mr. Hodge stated that these two plans are a huge improvement over the last two concept plans and would consider an open space development.
Mr. Johnson agreed with Mr. Hodge.
Mr. Coveney stated he liked the conventional plan.
Dr. Fenby stated she liked the Open Space concept plan.
Mr. Kerrigan has concerns with the Open Space driveways but overall would like more detailed plans before giving opinion.
Mr. Fay thinks that the Open Space is more consistent with what he would like to see in the neighborhood.
Mr. Smith asked if there was any deal breakers.
Mr. Hodge stated he was not overly thrilled with the common driveways on the open space plan.
Mr. Johnson asked about the drainage issues. Mr. Smith showed on how the drainage would be taken care of by the groundwater through pipes that would lead into the two detention ponds on the development.
The meeting closed at 8:03 pm.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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