PLANNING BOARD MINUTES
February 12, 2007
7:00 PM
The Planning Board for the City of Marlborough met on Monday, February 12, 2007 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Steve Kerrigan, Clerk, Edward Coveney, Clyde L. Johnson, Robert Hanson and Sean Fay. Also present: City Engineer Tom Cullen.
Chair Pro Term
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To allow Mr. Coveney to act as Chair Pro Term for this evenings meeting.
MINUTES
Meeting Minutes January 08, 2007
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file the meeting minutes of January 8, 2007.
Meeting Minutes January 22, 2007
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file the meeting minutes of January 22, 2007.
Meeting Minutes January 29, 2007
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file the meeting minutes of January 29, 2007 with the noted changes.
CHAIR’S BUSINESS
Correspondence from Historical Commission
A letter from the Mr. Gary Brown, chair for the Historical Commission, asked Mr. Reid to advise the Commission on the process that is being used to protect the valuable assets of both public and private land.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence from the Historical Commission.
Correspondence from Stephen Reid
A response to the Historical Commission from Stephen Reid stated that the regulations are in place for trees and walls along designated scenic roads and is obligated by the Planning Board.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence from Stephen Reid.
APPROVAL NOT REQUIRED PLAN
257 Simarano Drive
Letter from Tim Collins
On a motion by Mr. Johnson, seconded by Mr. Kerrigan it was duly voted:
To accept and file correspondence from Tim Collins.
Decision
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 257 Simarano LLC, 257 Simarano Drive, Marlborough, MA 01752. Name of Engineer: Elliott Paturzo, PO StreetBOX 85, Hopedale, MA 01747. Deed of property recorded in South Middlesex Registry of Deeds book 48280, page 327. Location and description of property: located at 257 Simarano Drive property shown on Assessors map 112, parcel 4.
PUBLIC HEARING
Scenic Road (7:30pm)
180 Farm Road
The Planning Board of the City of Marlborough held a public hearing on Monday, February 12, 2007 at 7:30 p.m. for a scenic road located at 180 Farm Road at the request of the City Tree Warden, Chris White. Members present: Edward Coveney, Clyde L. Johnson, Robert Hanson, Sean Fay and Steve Kerrigan. Also present: City Engineer Tom Cullen.
Mr. Coveney introduced the staff and members of the Board and explained the public hearing process. Mr. Kerrigan read a copy of the advertisement into the record.
Notice is hereby given that the Tree Warden and the Planning Board of the City of Marlborough will hold a joint public hearing on Monday, February 12, 2007 at 7:30 P.M., at Memorial Hall, City Hall, 140 Main Street, Marlborough, MA in accordance with the requirements of the Code of the City of Marlborough, “Scenic Roads Act”, and MGL Chapter 40, section 15C and Chapter 87, Sec 3,4,5 of the General Laws in respect of removal of a shade trees located within the limits of the public way located at 180 Farm Road.
20” Ash Tree
Chris White the City’s Tree Warden explained to the Board that the tree located at 180 Farm Road posed a potential harm to the street and will be moved to another location located on the property. The parcel where the tree is located is under development and the developer has plans to plant the tree in a different location on the parcel.
In Favor
Mrs. Geraldine Fossile
Mrs. Fossile was in favor of replacing the tree.
In Opposition
No one spoke in Opposition
There being no further discussion, the hearing was closed at 7:35 p.m.
On a motion by Mr. Johnson, seconded by Mr. Kerrigan it was duly voted:
To send recommendation to the tree warden to remove and replant tree.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Tom Cullen stated at this time he did not have any further updates.
Fiddlehead (Perry Lane)
Engineering Correspondence
At this time there is no correspondence from the Engineering Department.
Orchard Estates III (Miele Road)
Neil Fossile
At the January 26, 2007 meeting the Planning Board asked if Neil Fossile would appear before the board to ask about the dangerous conditions located at his subdivision. These conditions include a “sinkhole”, improper grading and an “ice float”. The Board was looking for Mr. Fossile to give them the status of this subdivision as well as a time frame to fix the issues.
Tom Cullen, the City Engineer, provided several pictures to the board of the conditions. Mr. Cullen stated that his research shows that a letter was sent to Mr. Fossile, written by Tom Temple of the Engineering Department, back in 2002, he was recommended to fix the conditions at that time. Mr. Fossile stated that he has tried to set up an appointment with the Mr. Temple in the last several weeks except Mr. Temple has not returned his calls. Mr. Fossile claimed that the homeowners of 19 Miele Street have changed the landscaping which has clogged the catch basins. He stated in the first several years that the subdivision was built there was never a problem at this site. Mrs. Fossile also stated that there was no problem when the subdivision when her husband built it.
Mr. Peter DiCarlo of 19 Miele Road states that when he moved into the home several years ago these conditions already existed and has become more of a hazard.
Mr. Greg Breitenfeld of 29 Miele Road stated that since he moved to this residence in 2000. He stated he has had continuous problems with the catch basins and the icing on the streets.
On a motion from Mr. Kerrigan, second by Mr. Johnson it was duly voted:
To refer to Engineering and ask for a report on the bond status, a cost estimate to complete the work needed, and to report on impending meeting with Mr. Fossile at the meeting on March 12, 2006.
PENDING SUBDIVISION PLANS: Updates and Discussions
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
The Residences of Oak Crest (Daniels Road)
Covenant Decision
Correspondence from City Solicitor
Mr. Rider sent correspondence stating that the appropriate changes have been made to the Covenant and is in proper form for the Board to sign.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence from City Solicitor Rider and to sign the approved covenant.
Performance Bond
The attorney for the developer is asking the board to establish a performance bond.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence and to ask the City Engineer to establish a performance bond.
Commonwealth Heights (Forest Street)
Covenant
The developer’s attorney, David Gadbois, submitted a covenant for this subdivision.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson 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
At this time this is no further update.
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 8:00 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
| 