PLANNING BOARD MINUTES
May 21, 2007
7:00 PM
The Planning Board for the City of CityMarlborough met on Monday, May 21, 2007 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Chairperson, Steve Kerrigan, Clerk, Philip Hodge, Edward Coveney, Clyde Johnson, Robert Hanson and Sean Fay. Also present: City Engineer Tom Cullen.
MINUTES
Meeting Minutes May 7, 2007
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To table the meeting minutes until the next meeting.
CHAIR’S BUSINESS
Forest Trail Blight Enforcement
The Code Enforcement officer began enforcement action on Mosher Lane for non-construction debris. Mr. Temple of the City Engineers office has confirmed that some of the construction debris has been removed from the site. Mr. Fay has taken pictures via camera phone, and the Board saw debris that was not construction materials. Mr. Cullen stated that if we start enforcing all blight on construction sites that we should “tread carefully” since there is a difference between legitimate construction material and non construction debris.
APPROVAL NOT REQUIRED PLAN
On a motion by Mr. Hodge, seconded by Mr. Johnson it was duly voted:
To consider Shawmut Ave prior to 219 Forest Street on the agenda.
Shawmut Ave (re-signing)
The ANR Plan for Shawmut Ave was signed by a former Planning Board Member on August 30, 2004. The plan was never recorded with the Registry. The Attorney is asking for the Planning Board to re-sign the plans. Mr. Cullen saw no issue with re-signing of the ANR. Mr. Kerrigan and Mr. Fay were not members of the Planning Board when the first signing took place they did not have cast a vote.
On a motion by Mr. Coveney, seconded by Mr. Johnson, it was duly voted:
To re-sign the ANR plan.
addressStreet219 Forest Street
Legal correspondence
The Planning Board referred to the legal department an extension of the ANR for 219 Forest Street and asked if it was “legal standing with the rules and regulations for ANR plans”. The Legal Department response is limited to this particular ANR plan. The Board has 21 days to act on a plan. With the plan being referred to the Engineering Department for approval by the City Engineer, the City Engineer then recommends to the Planning Board to sign the plan. This plan needed to reworked and the Attorney for the developer could not have the civil engineer prepare the needed changes to the ANR within the 21 days. The Attorney then asked for an extension of the plan. With the Plan being submitted on April 23, 2007 the board would have had to act on May 7, 2007 when the request of an extension of the plan was submitted to the Board at
their meeting on May 7, 2007. However, the City Solicitor stated with the “pro tanto tolling” of the plan from the City Engineer the time stopped when the Engineer requested the changes be made before his recommendation. With the ANR being resubmitted to the City Engineer on May 14, 2007 for approval, the time began with only 7 days for approval. The City Solicitor recommended to the Planning Board that they may want to change their rules and regulations to allow them 21 days for approval as well as to change their rules and regulations to “allow” an ANR plan to reviewed by the engineering department before submittal to the planning board. Mr. Hodge agreed to meet with Mr. Rider to discuss changing the planning board procedures and rules and regulations to comply with the statutory requirements.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file legal correspondence.
Decision
On a motion by Mr. Coveney, seconded by Mr. Johnson, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of David DePietri, Trustee, 40 Mechanic Street, Marlborough, MA 01750. Name of Engineer: Ronald R. Furchi, 106 Creeper Hill Road, North Grafton, MA 01536. Deed of property recorded in South Middlesex Registry of Deeds book 22791, page 561; book 26825 page 22 and book 28039 page 226. Location and description of property: located at 165 Forest Street shown as Parcel 4 on Assessor’s Map 90, 201 Forest Street shown as Parcel 2-C on Assessor’s Map 90 and 219 Forest Street shown as Parcel 2 on Assessor’s Map 90.
On a motion by Mr. Johnson, seconded by Mr. Hanson it was duly voted:
To move the Definitive Subdivision Submission portion of the agenda prior to the public hearing.
Commonwealth Heights
Covenant
Correspondence from the City Solicitor stated that the Covenant is ready to sign by the Planning Board, however the Planning Board already endorsed the subdivision. The rules and regulations state that a covenant must be approved and signed before any such endorsement. He advised the Planning Board that in the future a signed covenant is needed prior to the endorsement of a subdivision. Mr. Fay and Mr. Kerrigan were not able to participate to the signing of the covenant since they were not members of the board when the public hearing took place.
On a motion by Mr. Hodge, seconded by Mr. Hanson it was duly voted:
To accept and file legal correspondence and to sign the Covenant for the subdivision known as Definitive Plan of Commonwealth Heights Subdivisions on Marlborough, Mass. Date June 6, 2005 and revised through February 8, 2006. Coventor: John A. Catlado, Trustee of Marlborough/Northborough Land Realty Trust c/o The Gutierrez Company, Burlington Office Park, One Wall Street, Burlington, MA 01803. Engineer: Connorstone Consulting Civil Engineers and Land Surveyors, 276 West Man Street, Northborough, MA 01532.
Devonshire at 495 (Boston Post Rd West)
Upon doing research for the covenant the City Solicitor notice that Devonshire at 495 was constructively approved on November 21, 2001, a day after the deadline lapsed. He suggested the Planning Board rescind the approval of the subdivision, vote on all the waivers once again and then take a vote on the subdivision. Mr. Fay and Mr. Kerrigan could not participate in the vote process.
On a motion by Mr. Hodge, seconded by Mr. Johnson with Ms. Fenby, Mr. Hanson and Mr. Coveney in favor:
To rescind the approval of the placeDevonshire at 495 subdivision.
On a motion by Mr. Hodge, seconded by Mr. Coveney it was duly voted:
To approve the waivers from the Subdivision Rules and Regulations:
· Section III.B.1.d for comparative impact analysis
· Section III.B.2.l waiver from the centerline profile
· Section III.B.2. waiver from the hydraulic and hydrologic calculations
· Section III.B.2 waiver from vertical scale of profile
· Section III.B.2 waiver from horizontal scale of lot plans
· Section III.B.2 waiver from sheet size
· Section IV.B.4.c waiver from the 100’ minimum distance between reverse vertical curves
· Section IV.B.4.d waiver from the 100” vertical curve length
· Section IV.B.5.b waiver from the required dead end turnaround
· Section V.C.2 waiver from sewer slope minimum 1%
· Section V.D.1 waiver for sidewalks on one side of street
· Section V.C.3 waiver to provide catch basins on both sides of road
· Cross Section requirement for pavement width
· Cross Section requirement for cross section location of utilities
· Cross Section requirement for a crowned road
· Section III.B.d.o, trees over 4” trunk diameter to be retained, and typical cross section for required roadside trees, based upon the recommendations of both the Conservation Officer Ryder and Tree Warden Chris White.
On a motion by Mr. Hanson, seconded by Mr. Hodge it was duly voted:
To approve the Definitive Plan of Land entitled “Devonshire at 495” owned by Marlborough/Northborough Land Realty Trust of 1 Wall Street, Burlington, MA 01887. Name of Engineer: Vanasee Hangen Brustlin, Inc. of 101 Walnut Street, PO Box 9151, Watertown, MA 02741. 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.
PUBLIC HEARING
Elm Street
The Planning Board of the City of Marlborough held a public hearing on Monday, May 21, 2007 at 7:30 p.m. for road widening along a scenic road. Members present: Chairperson Barbara L. Fenby, Clerk Steve Kerrigan, Phil Hodge, Edward Coveney, Robert Hanson, Clyde Johnson and Sean Fay. Also present: City Engineer Tom Cullen.
Chairperson Fenby introduced the staff and members of the Board and explained the public hearing process. Clerk Kerrigan read a copy of the advertisement into the record.
Elm Street
PLANNING BOARD
PUBLIC HEARING NOTICE
Notice is hereby given that the Planning Board of the City of Marlborough will hold a public hearing on Monday, May 21, 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 trees, proposed sidewalks and reconstruction of stone walls located within the limits of the public way located on Elm Street, Assessor’s map 66 parcels 39,40 and 25 and map 67 parcels 19, 16, 25, 15, 14 and 27.
514 Elm Street 562 Elm Street
519 Elm Street 612 Elm Street
527 Elm Street 657 Elm Street
530 Elm Street 665 Elm Street
537 Elm Street
Tim Collins, Assistant Civil Engineer for the City of Marlborough explained to the board that the Engineering Department is looking for approval to remove 15 existing shade trees and then replace with 22 trees in connection with the roadway and sidewalk reconstruction. A list of all trees, locations and pictures of the condition of the trees were submitted into record. Mr. Collins explained that the majority of the trees are decaying and will not survive the relocation process.
In Favor
Chris White
City of Marlborough
Tree Warden
Mr. White explained many of the trees are deteriorating with disease. He also explained that most of the trees that are to be removed are ash trees and ash trees deteriorate even more when their root system is disturbed.
In Opposition
Betty Whynot
53 Millham Street
Ms. Why not stated she was not in favor for the removal of the trees and that Marlborough is already losing its “country feel”. She believes that the road widening will encourage more people to use Elm Street as a bypass for Route 20.
Howard Whynot
53 Millham Street
Mr. Whynot is opposed to the removal of the shade trees and he explained the replacements they will not provide any shade.
Maggie Arena
35 Houde Street
Ms. Arena asked if there was any thought of burying the utilities while the road construction under development. She also asked if it was possible to remove the existing stop sign at the intersection of Ferrechia Drive. Mr. Collins explained that the traffic commission was ultimately responsible for the stop signs located at Ferrechia Drive and as for the burying of the utilities was a matter for the unacceptable expense.
Trish Pope
114 Houde Street
Councilor at Large
Councilor Pope asked if it was possible to remove the stop signs.
Sydney Brigham
66 East Dudley Street
Mr. Brigham asked if the existing island is going to be removed. Mr. Collins said no, that the existing island will be enhanced and made into a raised island in the road.
Thomas Witt
519 Elm Street
Mr. Witt asked if it was possible to have a marked crosswalk. Mr. Collins did confirm that a marked crosswalk will be placed near Ferrechia Drive.
General Comments
Jeanne Marie Plourde
657 Elm Street
Correspondence
Correspondence was give to Mr. Collins at the end of the public hearing. Ms. Plourde is in favor of the removal of the 22” Red Oak Tree on her property. She has discussed with Mr. White the possible replacements.
The Public Hearing was closed at 8:03pm.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted with Mr. Hanson Opposing:
To approve the removal of the specified trees along Elm Street.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Cullen stated that he is recommending the Planning Board start the process of taking the bond for Fiddlehead Subdivision. He also stated that he has not heard from the developer of Orchard Estates III and would remind the board that the deadline for completion of work being June 4, 2007. He also stated that there the developer of Commonwealth Heights is actively clearing the subdivision of trees preparing the site for development.
On a motion by Mr. Hanson, seconded by Mr. Coveney it was duly voted:
To start taking the Fiddlehead Performance bond.
On a motion by Mr. Fay, seconded by Mr. Kerrigan it was duly voted:
To send correspondence to Mr. Fossile reminding him his June 4, 2007 deadline is fast approaching.
Forest Trail
Tax Information
At the last Planning Board meeting the Planning Board asked Mrs. Lizotte to check into the tax payments. To date the taxes are still unpaid.
PENDING SUBDIVISION PLANS: Updates and Discussions
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
Wilson Street and Hemenway Street
To set a public hearing date of June 25, 2007 at 7:30pm.
SIGNS
INFORMAL DISCUSSION
Limited Development Subdivision
At this time this is no further update.
Abutters Literature
Mr. Fay returned the copy of his revision to the Board. Chairwoman Fenby suggested sending it to the legal department and to Pam Wilderman for a review.
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 8:32 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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