PLANNING BOARD MINUTES
March 12, 2007
7:00 PM
The Planning Board for the City of Marlborough met on Monday, March 12, 2007 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Chairperson, Steve Kerrigan, Clerk, Philip Hodge, Edward Coveney, placeClyde Johnson, Robert Hanson and Sean Fay. Also present: City Engineer Tom Temple.
MINUTES
Meeting Minutes February 26, 2007
On a motion by Mr. Kerrigan, seconded by Mr. Hodge it was duly voted:
To accept and file the meeting minutes of February 26, 2007.
CHAIR’S BUSINESS
Correspondence from residents at 22 Sherwood Drive North
The Patches’ who reside at 22 Sherwood Drive North sent correspondence to the Planning Board thanking them for their informal meeting of the Open Space Mauro Farm. They request that the open space be accessible to all the residents and not just benefit the Mauros’ homes or the Cook Lane residents. They also request more of a buffer for the existing homes. They feel they don’t necessarily need a playground, just more open space.
On a motion by Mr. Kerrigan, seconded by Mr. Hodge it was duly voted:
To accept and file correspondence, and send correspondence to the Patches thanking them for their letter.
On a motion by Mr. Johnson, seconded by Mr. Hanson it was duly voted:
To send correspondence to Capital Group Properties and Mr. Ben Smith, when the board may expect to see the formal open space development plans.
APPROVAL NOT REQUIRED PLAN
Donald J. Lynch Blvd (Levitt Parcel)
Decision
On a motion by Mr. Kerrigan, seconded by Mr. Coveney, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of New England Development, One Wells Avenue, Newton, MA 02459. Name of Engineer: Hayes Engineering, 603 Salem Street, Wakefield, MA 01880. Deed of property recorded in South Middlesex Registry of Deeds book 25092, page(s) 362 and book 43393 page(s) 551. Location and description of property: Undeveloped parcel of land located along Donald J. Lynch Boulevard shown on Assessors map 50, parcels 4A, 4B and 4D .
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Tom Temple, the assistant City Engineer, gave a verbal report that the only subdivision that is actively working is Davis Estates. They have applied for a sewer extension permit and are clearing the parcels. Mr. Temple also discussed the “timetable” spreadsheets that he and Mrs. Lizotte are presently working to complete.
Orchard Estates III (Miele Road)
Tom Cullen, City Engineer, sent correspondence to the Planning Board regarding the February 2007 informal meeting he held with Mr. Fossile as well as the items the board asked him to research. The tri-party agreement between Apple Orchard Realty Trust, Hudson Savings Bank and the City of Marlborough plus the Certificate of Performance still stands at $177,000.00. The meeting with Mr. Fossile resulted in questions concerning the sub drains that Mr. Fossile answered. Mr. Cullen was not able to provide to the board the costs to finish the subdivision due to weather restrictions but he will provide an estimate when weather permits. Mr. Temple also indicated the open space has not been deeded back to the City.
On a motion by Mr. Johnson, seconded by Mr. Kerrigan it was duly voted:
To table any motion until the next meeting to allow all members of the Planning Board to view the site.
Mr. Peter DiCarlo of 19 Miele Road asked the board to take firm action quickly since the weather is melting all ice.
Mr. Greg Breitenfeld of 29 Miele Road also commented that die testing will be easier to do while the snow is melting.
Tom Temple stated that the Engineering Department and the City could only do so much since the subdivision is not accepted and is still owned by Mr. Fossile.
Shaughnesy Estates II (Kelber Drive)
Mr. Cullen sent correspondence to the Board explaining that the punch list dated from September 2006 has had several items resolved. However a significant amount of work needs to be completed before any recommending a bond reduction. Mr. Cullen would like to see the developer complete the list of outstanding items before May 30, 2007.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence and to send correspondence to the developers strongly advising completion of their subdivision by May 30, 2007 or the Planning Board will take the steps for the rescinding of the performance bond.
PENDING SUBDIVISION PLANS: Updates and Discussions
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
On a motion by Mr. Hodge, seconded by Mr. Hanson it was duly voted:
To discuss this portion of the agenda prior to the ANR at the request of the attorney for definitive subdivision submission items.
Commonwealth Heights (Forest Street)
At the last meeting on February 26, 2007, the City Solicitor suggested to the Planning Board to use their rights under MGL Chapter 41 section 81W to correct approve the subdivision. He suggested that the Board rescind the approval, vote on the waiver and then take a vote on the subdivision. During the voting process Mr. Fay and Mr. Kerrigan would not be able to vote because at the time of approval they were not on the Planning Board.
On a motion by Mr. Hodge, seconded by Mr. Coveney with Ms. Fenby, Mr. Hanson and Mr. Johnson in favor it was duly voted:
To rescind the approval of the Commonwealth Heights subdivision.
On a motion by Mr. Hanson, seconded by Mr. Coveney it was duly voted:
To approve a waiver from the Subdivision Rules and Regulations Section IV 5.(a) which allows a relief of “deadend street shall not be longer than five hundred (500’) unless provided with a divided roadway (see 3(b)) or unless in the opinion of the Planning Board such a greater length is necessitated by topography or other local conditions”.
On a motion by Mr. Hodge, seconded by Mr. Johnson it was duly voted:
To approve the Definitive Plan of Land entitled “Commonwealth Heights” owned by Marlborough/Northborough Land Realty Trust of 1 Wall Street, Burlington, MA 01887. Name of Engineer: Connorstone Engineering of 276 West Main Street, Northborough, MA 01532. Note that there only one (1) approved waiver. The Planning Board will endorse the definitive plans after the twenty (20) day appeal period, provided no appeal has been recorded and a covenant has been submitted and approved by the Planning Board.
Devonshire at 495 (Boston Post Rd West)
At the meeting on February 26, 2007 the Planning Board sent to the City Solicitor the covenant for the Devonshire at 495 subdivision that was approved by the Planning Board on Monday December 17, 2001. While reviewing the covenant and the plans, the City Solicitor realized that the plan was constructively approved due to no final action had been taken within the 90 day timeframe. He has suggested to the Board to rescind the constructive approval, then approve the numerous waivers requested by the Developer and then if the motion carries approve the subdivision. The Attorney for the developers, David Gadbois, stated his clients have no issues with the Planning Board if they choose to take this route.
On a motion by Mr. Hanson, seconded by Mr. Johnson it was duly voted:
To table any decision until the next meeting and have Mrs. Lizotte research the members who were on the board at that time.
197 Stow Road LDS Purcell Farm
On a motion by Mr. Kerrigan, seconded by Mr. Fay, it was duly voted with opposition from Mr. Hodge:
To approve the findings and facts and the special permit for a Limited Development Subdivision located 197 Stow Road as allowed under Section 200-30 of the City Code, as the developer has met all of the requirements of that section of the Zoning Ordinance of the City of Marlborough.
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. Coveney, 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. Coveney, it was duly voted:
To adjourn at 7:58 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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