PLANNING BOARD MINUTES
May 7, 2007
7:00 PM
The Planning Board for the City of Marlborough met on Monday, May 7, 2007 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Chairperson, Steve Kerrigan, Clerk, Philip Hodge, Clyde Johnson, Robert Hanson and Sean Fay. Also present: Assistant City Engineer Tom Temple.
MINUTES
Meeting Minutes April 23, 2007
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file the meeting minutes of April 23, 2007.
CHAIR’S BUSINESS
Chapter 43D “Expedited Permitting”
All Planning Board Members received copies of Chapter 43D. The members were all invited to come and attend the meeting on Monday with the Marlborough City Council Legislative & Legal Affairs Committee. However the Planning Board secretary, Mrs. Lizotte, did not receive notice of such meeting until late Friday afternoon. The Planning Board would like to be notified when their presence is required within a reasonable amount of notice.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To send correspondence to the City Council that when their presence is required to send a notice within reasonable amount so the members can attend the meetings.
Petition for Amendment to the Zoning Map (Lakeside Ave)
The Planning Board set a public hearing date of June 11, 2007 at 8:15 pm. Mr. Kerrigan abstained from any decision because a portion of the parcel in question is his place of employment.
Petition of Zoning Change
The Planning Board set a public hearing date of June 11, 2007 at 8:30 pm. Mr. Fay abstained from any decision matter due to being an abutter to an abutter.
APPROVAL NOT REQUIRED PLAN
90 Edinboro Street
By mistake, the agenda will show 290 Edinboro Street. However the correct address is 90 Edinboro Street.
On a motion by Mr. Fay, seconded by Mr. Johnson it was duly voted:
To table this portion of the meeting until the applicant’s attorney rejoined the meeting.
On a motion by Mr. Fay, seconded by Mr. Johnson was duly voted:
To remove the motion from the table.
Attorney David Gadbois brought before the board the plan originally signed by Mr. Johnson on October 2, 2006. Mr. Temple stated that no changes were made from the original plan.
On a motion by Mr. Hodge, seconded by Mr. Hanson it was duly voted:
To authorize Mr. Johnson to re-sign the plans.
219 Forest Street
Attorney David Gadbois and his applicant are asking for an extension of the decision time to May 21, 2007. He is asking the board to consider an extension to May 21. 2007. The City Solicitor was at the meeting prior to the start and asked if it was legal for the Planning Board to extend a consideration time.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To accept and file the correspondence, and send correspondence to the City Solicitor asking if the extension is legal, and to extend the consideration until May 21, 2007.
Shawmut Ave (re-signing)
There were not enough original members to revote the signing.
PUBLIC HEARING
Parmenter Road
A public hearing was scheduled for 7:30 pm. However due a truck hitting the trees in question the public hearing was cancelled. Chris White, The City of Marlborough’s’ Tree Warden, explained the truck hit the trees and caused substantial damage, leaving only stumps. He submitted pictures for the record.
SUBDIVISION PROGRESS REPORTS
Update from Assistant City Engineer
Mr. Temple related to the board that he has advised the developer’s attorney for the Fiddlehead subdivision to complete the necessary work or he will advise the planning board to start the process of rescinding the bond. Mr. Temple also stated that he is preparing an estimate for the costs of the historical lights located at the Davis Estates Subdivision. Once he has that estimate he will inform the Planning Board and the developer.
Forest Trail
Code Enforcement Letter
Pam Wilderman, the City of placeCityMarlborough’s Code Enforcement Officer, sent correspondence to the Planning Board regarding a large number of complaints concerning the developer and his debris at the job site. She has not commenced enforcement action since it is an open subdivision. The developer has not answered any of her inquires. She is looking for a permission to start enforcement against the blight.
Correspondence from Tom Temple
Tom Temple sent correspondence to the developer, Chris Mutti, asking him to erect the street signs according to the MUTCD standards and to clean the open space land. He also stated in his correspondence to Mr. Mutti that the Planning Board has instructed not to perform any work on his remaining lots to all back taxes were paid in full. Mr. Temple has given Mr. Mutti until May 14, 2007 to schedule all necessary work. If the schedule is not in place he will recommend to the Planning Board to secure the funds necessary to complete the subdivision.
On a motion by Mr. Kerrigan seconded by Mr. Johnson it was duly voted:
To ask Mrs. Lizotte to look into the remaining bond amount and to see if Mr. Mutti has paid all back taxes and to send correspondence to Ms. Wilderman asking her to start the enforcement action after May 14, 2007.
On a motion by Mr. Johnson seconded by Mr. Hanson it was duly voted:
To accept and file all correspondence.
PENDING SUBDIVISION PLANS: Updates and Discussions
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
White Oak Estates
The Developers attorney, David Gadbois, has been sending updates of the litigation between the developers and their neighbors. He stated that the litigation has started however it has been a slow process. He stated that he will be keeping the Board informed once he has new information.
On a motion by Mr. Kerrigan seconded by Mr. Hanson it was duly voted:
To accept and file correspondence and send the correspondence to the City Solicitor.
DEFINITIVE SUBDIVISION SUBMISSIONS
Commonwealth Heights
Covenant
The covenant has been reviewed by the City Solicitor as well as the developers attorneys. The Board was missing one member to vote the approval of the covenant.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To table until the next meeting when all 5 members eligible to vote are present.
Devonshire at 495 (Boston Post Rd West)
On a motion by Mr. Johnson, seconded by Mr. Hanson it was duly voted:
To table any decision until all members who were present at the time of original acceptance are available to vote.
Mauro Farms (Cook Lane)
The Planning Board scheduled a public hearing date of June 11, 2007 at 7:05 pm.
SCENIC ROADS
Damaged Trees
Chris White, the City of Marlborough’s Tree Warden, stated that he is in the process of compiling of a list of trees along scenic roads that he would like to remove. He will have the list prepared and then he will forward the list to the Planning Board. The Planning Board set a public hearing on June 11, 2007 at 8:45 pm.
768 Hemenway Street
To schedule a public hearing date of June 11, 2007 at 8:10 pm.
SIGNS
INFORMAL DISCUSSION
Limited Development Subdivision
At this time this is no further update.
Abutters Literature
Mrs. Lizotte prepared an “abutters guide” to public hearing meetings. The Planning Board all agreed it was a great concept. Mr. Fay will “tweak” the document.
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. Johnson, seconded by Mr. Kerrigan, it was duly voted:
To adjourn at 7:52 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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