PLANNING BOARD MINUTES
February 26, 2007
7:00 PM
The Planning Board for the City of Marlborough met on Monday, February 26, 2007 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Steve Kerrigan, Clerk, Philip Hodge, Edward Coveney, Robert Hanson and Sean Fay. Also present: City Engineer Tom Cullen.
Chair Pro Term
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To allow Mr. Hodge to act as Chair Pro Term for this evenings meeting.
MINUTES
Meeting Minutes February 12, 2007
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To accept and file the meeting minutes of February 12, 2007.
CHAIR’S BUSINESS
Correspondence from the Commonwealth of MA/AAB Board
The Commonwealth of Massachusetts Architectural Access Board sent correspondence to the Citys and Towns across the state transmitting the rules and regulations for Curb Cuts, Sidewalks, and Temporary Access Routes and warning some communities have been failing to comply. It has come to their attention that the above mentioned have been failing to comply with the Commonwealth’s regulations. They have sent the rules and regulations for full compliance when constructing curb cuts, sidewalks, and temporary access routes.
On a motion by Mr. Fay, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence and refer over the letter over to the City Engineer.
APPROVAL NOT REQUIRED PLAN
Donald J. Lynch Blvd (Levitt Parcel)
New England Development submitted an approval not required plan to move a lot line on their property. Corey Wilk of Goulston & Storrs explained the movement of the line to create a larger lot 1B.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney 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, March 12, 2007.
PUBLIC HEARING
Chair Pro Term
Mr. Hodge excused himself from the meeting.
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To allow Mr. Coveney act as chair pro term for the remainder of the meeting.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Tom Cullen stated at this time he did not have any further updates.
Shaughnesy Estates (Kelber Drive)
The developers requested a bond reduction for their subdivision.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence and refer correspondence to the City Engineer for a full review.
The Residences of Oak Crest (Graves Lane)
Performance Bond
Tom Temple, Assistant City Engineer, determined the amount of the performance bond should be set at $128,000.00.
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To accept and file the correspondence from Assistant City Engineer Thomas P. Temple and to recommend that a bond of $128,000 should be posted to secure the release of lots in this subdivision.
Waters Edge
Correspondence from Conservation Officer Priscilla Ryder, the Conservation Officer for the City of Marlborough, sent correspondence to the developer stating that back taxes are due before the City will consider any acceptance.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To accept and file correspondence.
PENDING SUBDIVISION PLANS: Updates and Discussions
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
Commonwealth Heights (Forest Street)
This portion of the agenda was moved prior to the ANR Submittal at the request of the City Solicitor.
Covenant
The City Solicitor sent correspondence identifying several issues with the current covenant and the approved subdivision. He stated that the May 8, 2006 approved plan was a nullity due to the elapse of 90 days filing of preliminary plans as well as the elapse of 45 days of the plan submittal and no file extension with the City Clerk. The subdivision was prescriptively approved by default. A waiver was never approved or disapproved for the roadway. The City Solicitor has suggested the following:
· Rescind The constructive approval according to MGL C 41, section 81 W
· If motion carries, the Board then can approve a waiver of Section IV.B.5 of its rules and regulations which states “[d]ead end street shall not be longer then five hundred feet (500’) unless provided with a divided roadway.
· If all motions carry, the Board then can move to approve the Plan last revised on February 8, 2006.
If all motions and actions are taken, the legal department will then review the covenant.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence and to place the Commonwealth Heights on the agenda for March 12, 2007 take the necessary steps for correction.
Devonshire at 495 (Boston Post Rd West)
Covenant
The developer’s attorney, David Gadbois, submitted a covenant for this subdivision.
On a motion by Mr. Kerrigan, seconded by Mr. Fay 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. Hanson, 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. Hanson, it was duly voted:
To adjourn at 7:45 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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