PLANNING BOARD MINUTES
June 11, 2007
7:00 PM
The Planning Board for the City of Marlborough met on Monday, June 11, 2007 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Chairperson, Steve Kerrigan, Clerk, Philip Hodge, Edward Coveney, 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. Coveney it was duly voted:
To accept and file the meeting minutes of May 7, 2007
Meeting Minutes May 21, 2007
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To accept and file the meeting minutes of May 21, 2007
CHAIR’S BUSINESS
City Solicitor ANR Time Period
On a motion by Mr. Kerrigan and seconded by Mr. Coveney it was duly voted:
To move correspondence to discuss at the end of the meeting.
Disclosure Letters
Mr. Kerrigan
Mr. Kerrigan read into record a disclosure pursuant to M.G.L.c. 268A; Section 19(b) (1) stating that the proposed zoning change to addressStreetLakeside Ave may have a presumed financial interest since his employer, Mansfield Inc., is a direct abutter to the parcel. The disclosure letter was also signed by Mayor as the appointing authority for Mr. Kerrigan to the Planning Board. She has determined, pursuant to M.G.L. c. 268A, section 19(b)(1), that any financial interest set forth is not so substantial as to be deemed likely to affect the integrity of the services that may affect Mr. Kerrigan to perform his duties and is allowing him to participate in the zoning change. The letter was also filed with the City Clerk in advance to the meeting.
Mr. Fay
Mr. Fay provided to the Chair a letter disclosing a conflict of interest pursuant to M.G.L. c. 268A, §19(b) (1) and M.G.L. c. 268A, §23(b)(3). The letter was read by the Clerk. The conflict was disclosed in writing to Mr. Fay's appointing authority, Mayor Nancy E. Stevens. Mayor Stevens stated that the interest set forth is not so substantial so as to be deemed likely to affect the integrity of the services which the City of Marlborough may expect from Mr. Fay and Mayor Stevens, pursuant to M.G.L. c. 268A, §19(b)(1) determined that Mr. Fay could participate in the matter. The written disclosure and determination were filed with the City Clerk in advance of the meeting.
APPROVAL NOT REQUIRED PLAN
PUBLIC HEARING
Mauro Farm
Definitive Plan 7:05 pm
The Planning Board of the City of Marlborough held a public hearing on Monday, June 11, 2007, at 7:05 p.m. in Memorial Hall, 3rd Floor, City Hall, 140 Main Street, Marlborough on the Definitive Plan of a subdivision entitled, “Mauro Farm”. Members present: Chairperson Barbara L. Fenby, Clerk Steven Kerrigan, Philip Hodge, Edward Coveney, Robert Hanson and Sean Fay. Also present: City Engineer Thomas Cullen.
The Chair introduced all of the members of the board including the City Engineer and the Planning Board Secretary. She advised the audience that everyone should direct questions to her and she will direct the questions to the proponent or others. She also stated that this is the definitive plan and the Board will refer this plan to the Engineering Department for a full review after the public hearing is closed.
Mr. Kerrigan read the public hearing notice into record.
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, June 11, 2007 at 7:05 P.M., at Memorial Hall, City Hall, 140 Main Street, Marlborough, MA on the following Definitive Subdivision Plan “Mauro Farm” subdivision which proposal is herewith published in compliance with the requirements of the M.G.L. 41, §81T and is hereby set forth as follows:
NAME OF SUBDIVIDER: Capital Group Properties
259 Turnpike Road, Suite 100
Southborough, StateMA 01772
NAME OF ENGINEER: Tunison Smith
115 Main Street, Suite 2B
Easton, MA 02356
LOCATION OF PROPERTY: Property located on Cook Lane, Map 71 Parcel 36, total acreage is 15.87
A plan of the proposed subdivision is on file in the City Clerk's Office, Planning Board Office, and the City Engineer's Office and may be seen prior to the public hearing.
Mr. Ben Smith of Tunison & Smith of Easton, MA presented the definitive subdivision. He introduced the developers William Dipietri and Martin Lasoile of Capital Group Properties of Southborough, MA. He stated that in the past there have been two plans; one conventional plan as well as an open space plan. The developers decided to present a conventional plan. The parcel is divided as north and south; with the City of Marlborough sewer easement dividing the parcels. On the north parcel there will be 8 lots with 1 road and on the south parcel there will be 10 lots with 2 roads for a total of 27 house lots. On the subdivision plan Mr. Smith explained that there was some confusion of the lot numbers since the open space lots were included in the total number of lots. With a total of 32 lots shown, however there are only 27 proposed
buildable lots for homes. An open space lot of an acre is at the end of Road A on the south parcel is for a designated play area with 4 spaces for parking. Mowry Brook runs through lots along the eastern portion of this site and is protected through conservation protection.
There are 5 waiver requests:
Road Length, Applicant is requesting that the requirement of IV.B.5 be waived to allow the construction of Road A with a dead end length of 831.4 feet and the construction of Road B with an effective dead end length of 605.5 feet.
Horizontal Tangent between Vertical Curves, Applicant is requesting the requirement IV.B.4(c) be waived in part to allow the construction of Road A with a horizontal separation between reverse vertical curves of 49.1 feet along a horizontal cure with a centerline radius of 240 feet.
Cul-de-Sac Leveling Area, Applicant is requesting that the requirement IV.B.5(c) be waived to allow for the construction of Road A with a 3% cul-de-sac leveling area 34.8 feet in length.
Street Width, Applicant is requesting a waiver from the requirement of V.B.2 be waived to allow for the construction of Roads A, B and C with a pavement width of 24 feet.
Sidewalks, Applicant is requesting a waiver from the requirement V.D.1 be waived to allow for the construction of Roads A, B and C with sidewalk on one side of each road only.
In Favor:
No one spoke in Favor.
In Opposition:
Robert Katz
City Councilor
Ward 1
Mr. Katz stated that he is greatly concerned that the parcels that abut the Sherwood Drive North residents is to close to their property. He also stated that when the developers were in for zoning changes the house lots would have been somewhere between 24 and 27 lots. He asked the developer to reconsider removing a lot directly behind 30 Sherwood Drive North. He also stated that a certain size of home to be built to be conducive to the values of the neighboring homes. He asked the Chair if it was possible to put the sizes of the homes and have the subdivision heavily landscaped.
Steven Levy
City Councilor
Councilor at Large
Mr. Levy stated that lots of promised were made to the Councilors as well as the neighbors during time of rezoning. He stated that promises of buffers and screening were going to be kept. He believes raising height distances along the roads to meet the grades just does not cut it when the residents that have lived at 130 B Cook Lane for nearly 20 years will now see a 10 foot retaining wall and a detention pond abutting their property. He believes that the developer seriously overpaid for the property and feels like they have to maximize the housing to recoup some of the money.
Richard Towle
City Councilor
Ward 7
Mr. Towle stated he agreed with everything Mr. Levy and Mr. Katz stated. He also stated that the property valves should not suffer and that a reasonable buffer with a no cut zone should aid the current residents. He stated that we should protect the abutters.
Ernest Ginnetti
740 Hemenway Street
Mr. Ginnetti stated that he has lived in the community for a very long time and he has seen these developers come and go with their promises for development. What also questioned where the loom goes once it is removed from the site.
Mary O’Malley
30 Sherwood Drive North
Mrs. O’Malley wanted to state that this subdivision impacts her residence since she is a direct abutter. She knows the land will be developed at some point. However she feels they were promised so many things while the subdivision was first being developed. She stated that the Capital Group asked for a “leap of faith” from the neighbors. She stated they gave them that and now she feels that the neighbors are the ones who are being taking advantage of with no buffers and a loss of trees. She stated that there was no enough open space and she asked what kind of access would be for the play area. She asked if there was a traffic study and why should the Board grant any waivers. She stated that no waivers should be granted. She is very passionate about minimizing the impact of the neighborhood.
Fred Ebert
130 B Cook Lane
Mr. Ebert is concerned about the detention pond and the depth of the pond. He also states that if the waiver is granted for the sloping of Road A then his back yard will be a 10 foot retention wall. He stated that during the winter icy conditions a car can possibly end up in his back yard from the cul-de-sac. He stated that he know the developer has the right to build but he feels like the promised he made to the neighbors is not being kept. He also stated the run off water will not be controlled by a 4 inch pipe. He is just concerned about how many homes the developer is trying to build.
Bruce Gelb
328 Cook Lane
Mr. Gelb wants to point out the side effects of the travel down Cook Lane with 27 new homes. He also stated that the unsightliness of 10 and 16 feet walls will be stretching the limits. He is also concerned with the water run off.
Patrick Mauro
130 A Cook Lane
Mr. Mauro wanted to know if his easement of his driveway will be kept. As it is shown on the plan it happens to be on a newly created lot. He would like to see the final plans show this easement for his and his neighbors’ driveways.
Joe Reilly
2 Robinhood Road
He would like to see sidewalks on both sides of the street. He stated houses and developments that size should have sidewalks on both sides.
Jennifer Patch
22 Sherwood Drive North
Ms. Patch’s’ residence directly abuts the Mauro Farm property and she owns a family daycare at her residence. She is concerned about the dust and the after effects with dust control during construction.
John Sawyer
64 Marlton Drive
Mr. Sawyer is concerned about the run off water from the construction. There is already a significant water issue at the site and will worsen once construction starts.
Thomas Hill
150 Simpson Road
Mr. Hill said all kinds of progress happening in the City and he hopes that the Developer would not destroy the natural beauty of the property.
Jim O’Malley
30 Sherwood Drive North
Mr. O’Malley stated that they were asked to have good faith with the developer. And Now Mr. O’Malley would like the developer to keep the same faith.
Joe Dirico
191 Essex Street
Mr. Dirico stated while looking at the plan that he would like to see less buildable lots.
The public hearing closed at 7:58pm.
768 Hemenway Street
Scenic Road Public Hearing 8:10pm
The Planning Board of the City of Marlborough held a public hearing on Monday, June 11, 2007 at 8:10 p.m. for the removal and replacement of a stone wall. 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.
The Chair introduced all of the members of the board including the City Engineer and the Planning Board Secretary. She advised the audience that everyone should direct questions to her and she will direct the questions to the proponent or others.
PLANNING BOARD
PUBLIC HEARING NOTICE
768 Hemenway Street
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, June 11, 2007 at 8:10 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 of the General Laws in respect of removal and replacement of a stone wall located within the limits of the public way located at 768 Hemenway Street.
Remove and replace stone wall
Mr. Richard Nardo, the contractor who will be reconstructing the wall gave a brief description of the stone wall. This wall has been restored several times before and the owners are seeking approval from the board to construct a concrete wall with the same stones that are currently part of the stone wall.
In Favor
Ernest Ginnetti
740 Hemenway Street
Mr. Ginnetti a neighbor of the property stated he was in favor of the replacement.
In Opposition
No one spoke in opposition
In General
Mr. Hodge asked if there were any concerns of the property.
Mr. Cullen stated that his only concern was where the placement of the stonewall. Several layouts show the stonewall on the City layout and one showed on private property. He stated that either way the owners will be the ones responsible for all maintenance of the wall.
The Public Hearing Closed at 8:15pm.
On a motion by Mr. Kerrigan seconded by Mr. Hanson it was duly voted:
To GRANT the removal and replacement of the stonewall.
Lakeside Ave
Amendment to Zoning Map 8:15pm
The Planning Board of the City of Marlborough held a public hearing on Monday, June 11, 2007 at 8:15 p.m. for a change in the Zoning Map for established by Chapter 200 Zoning Ordinance of the City Of Marlborough, Section 200-8 “boundaries Established, Zoning Map by extending the Business District of part of Assessor’s Map 67 Parcel 45. Members present: Chairperson Barbara L. Fenby, Clerk Steve Kerrigan, Phil Hodge, Edward Coveney, Robert Hanson and Sean Fay. Also present: City Engineer Tom Cullen.
Clerk Kerrigan read the advertisement into record.
Planning Board
PUBLIC HEARING NOTICE
Notice is hereby given that the Planning Board of the City of placeCityMarlborough will hold a public hearing on Monday, June 11, 2007 at 8:15 P.M., at Memorial Hall, City Hall, 140 Main Street, Marlborough, MA on the following Petition for Amendment to the Zoning Map:
PROPOSED CITY COUNCIL ORDER
Be it ordained by the City Council of the City of Marlborough that the Code of the City of Marlborough, as amended be further amended by amending the Zoning Map established by Chapter 200 Zoning ordinance of the City of Marlborough, Section 200-8 “Boundaries Established, Zoning Map,” Said map is amended by extending the Business District shown on a part of Assessor’s Map 67 Parcel 45 to include the following land which is part of Assessor’s Map 67 Parcel 45 and all of Assessor’s Map 68 Parcel 30A.
ZONE LINES TO BE RELOCATED
LINE SEGMENT #1
ZONE LINE TO BE RELOCATED ALONG THE FOLLOWING COURSES:
BEGINNING AT LAND NOW OR FORMERLY OF 392 ELM STREET REALTY CORP; THENCE
RUNNING N57°02'14"E A DISTANCE OF 20 FEET, MORE OR LESS TO A POINT; THENCE
RUNNING N49°31'32"E A DISTANCE OF 30.17 FEET TO A POINT; THENCE
RUNNING N58°35'30"E A DISTANCE OF 34.95 FEET TO A POINT; THENCE
RUNNING S21°53'14"E A DISTANCE OF 70.20 FEET TO A POINT; THENCE
RUNNING S17°44'34"E A DISTANCE OF 167.16 FEET TO A POINT; THENCE
RUNNING S21°01'33"E A DISTANCE OF 90.98 FEET TO A POINT; THENCE
RUNNING S19°24'45"E A DISTANCE OF 81.96 FEET TO A POINT; THENCE
RUNNING S20°22'37"E A DISTANCE OF 85.98 FEET TO A POINT; THENCE
RUNNING S20°55'13"E A DISTANCE OF 280.81 FEET TO A POINT; THENCE
RUNNING S10°19'41"W A DISTANCE OF 60.78 FEET TO A POINT; THENCE
RUNNING S32°01'09"E A DISTANCE OF 64 FEET, MORE OR LESS, TO THE END OF THE RELOCATION.
LINE SEGMENT #2
BEGINNING AT LAND NOW OR FORMERLY OF MANFELD HOTEL ENTERPRISES; THENCE
RUNNING N10°08'58"W A DISTANCE OF 420 FEET, MORE OR LESS, TO A POINT; THENCE
RUNNING S79°51'02"W A DISTANCE OF 619.27 FEET TO A POINT; THENCE
RUNNING N49°00'57"W A DISTANCE OF 183.60 FEET TO A POINT; THENCE
RUNNING N57°02'47"E A DISTANCE OF 839.65 FEET TO A POINT; THENCE
RUNNING N54°19'09"E A DISTANCE OF 158.80 FEET TO A POINT; THENCE
RUNNING N53°38'11"E A DISTANCE OF 147.00 FEET TO A POINT; THENCE
RUNNING N57°02'14"E A DISTANCE OF 26 FEET, MORE OR LESS, TO THE END OF THE RELOCATION.
ADOPTED
ORDER NO. 07100-1525
Attorney David Gadbois and David Calder of the Guiterrez Company presented a brief slideshow showing the zoning changes. They are asking to change approximately 15 acres out of the 40 acres of the parcel to business zone (B) from limited industrial (LI). They are seeking this zone change to accommodate the young work force by providing townhouse style residential buildings.
Mr. Hodge asked Attorney Gadbois if it was possible if he would ask his client about a possible for partnership for the CDC and Assabet Valley Regional Tech to possible build one of the units. Attorney Gadbois stated he would ask his clients if it is possible to donate some monies to help the CDC and Assabet to rehabilitate a home.
Mr. Hodge also asked Attorney Gadbois if they were planning on changing any other portion of land that the Gutierrez Company owns to offset the depleting LI zone. Attorney Gadbois stated that most of the land the company owns is a great portion of the LI zone.
In Favor
No one spoke in favor.
In Opposition
No one spoke in Opposition.
In General
Robert Landry
51 Bond Street
Mr. Landry was asking how many bedrooms per townhome and how many children could possibly be living there.
Attorney Gadbois stated that since they will market the units as “starter” units that they are unsure of how many children will be living there. They are looking to build 80 townhomes.
Public Hearing Closed at 9:00pm.
On a motion by Mr. Hodge, seconded by Mr. Hanson it was duly voted with Mr. Kerrigan abstaining:
To GRANT the zoning request change to Business District from Limited Industrial shown on a part of Assessor’s Map 67 Parcel 45 to include the following land which is part of Assessor’s Map 67 Parcel 45 and all of Assessor’s Map 68 Parcel 30A.
On a motion by Mr. Hodge seconded by Mr. Hanson it was duly voted:
To take a ten minute break and resume meeting at 9:15pm.
Meeting Resumed at 9:15pm.
Cook Lane
Re-Zoning of Easement of Assessor’s Map 72 Parcel 701
The Planning Board of the City of Marlborough held a public hearing on Monday, June 11, 2007 at 9:15 p.m. for a change in the Zoning Map for established by Chapter 200 Zoning Ordinance of the City Of Marlborough, Section 200-8 “boundaries Established, Zoning Map by extending the Business District of part of Assessor’s Map 67 Parcel 45. Members present: Chairperson Barbara L. Fenby, Clerk Steve Kerrigan, Phil Hodge, Edward Coveney, Robert Hanson and Sean Fay. Also present: City Engineer Tom Cullen.
Clerk Kerrigan read the advertisement into record.
PLANNING BOARD
PUBLIC HEARING NOTICE
Re-Zoning, Cook Lane, Sewer Taking
(a portion of Assessor’s Map 72, Parcel 701)
Order No. 07-100-1523A
Notice is given that the Planning Board of the City of Marlborough will hold a PUBLIC HEARING on Monday, June 11, 2007 at 8:30 PM in Memorial Hall, 3rd floor, City Hall, 140 Main Street, Marlborough, Massachusetts on the Petition by the Marlborough City Council for Amendment to the Marlborough Zoning Ordinance, Chapter 200, Article III Section 200-08 pursuant to Mass Gen. Laws C40A, Sec.5 as follows:
Be it ordained by the City Council of the City of Marlborough that the Code of the City of Marlborough, as amended be further amended by amending the Zoning Map established by Chapter 200 Zoning Ordinance of the City of Marlborough, Section 200-8 “Boundaries Established; Zoning Map” as follows:
That the portion of land off Cook Lane, owned by the City of Marlborough for sewerage purposes (Assessor’s Map 72, Parcel 701) which is contiguous to Assessor’s Map 71, Parcel 36 (4 separate parcels) and Assessor’s Map 71, Parcel 236, be re-zoned from “Business” to “Residence A-3”.
Related correspondence and a plan depicting the area proposed for re-zoning, prepared by the Department of Public Works, Engineering Division, are available for inspection in the Office of the City Clerk, City Hall, Main Floor, 140 Main Street, Marlborough, MA 01752,
Ron LaFreniere, Commissioner of Department of Pubic Works, showed several maps of the proposed zoning maps. When the portions of the easement where changed, the easement was never changed to reflect the zone changes. He is requesting the Planning Board to make these changes.
In Favor
No one spoke in Favor.
In Opposition
No one spoke in Opposition.
The Public Hearing Closed at 9:23 pm.
On a motion by Mr. Kerrigan and seconded by Mr. Hanson it was duly voted:
To GRANT the re-zoning from “Business” to “Residence A-3” to be contiguous to Assessor’s Map 71, Parcel 36 and Assessor’s Map 71 Parcel 236.
Tree Removal
Scenic Roads 9:25 pm
The Planning Board of the City of Marlborough along with the City Tree Warden held a joint public hearing on Monday, June 11, 2007 at 9:25 p.m for the removal of deteriorated shade trees located within city limits. Members present: Chairperson Barbara L. Fenby, Clerk Steve Kerrigan, Phil Hodge, Edward Coveney, Robert Hanson and Sean Fay. Also present: City Engineer Tom Cullen.
Clerk Kerrigan read advertisement into record.
PLANNING BOARD
PUBLIC HEARING NOTICE
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, June 11, 2007 at 8:45 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 deteriorated shade trees located within the limits of the public ways. Location of all trees will be at www.marlborough-ma.gov.
Ash Street Millham Street
Berlin Road Parmenter Road
Brigham Street Robin Hill Street
Concord Road Stevens Street
Dudley Street Stow Road
East Dudley Street Sudbury Street
Elm Street Wayside Inn Road
Framingham Road West Hill Road
Hemenway Street
Chris White, The City Tree Warden, did a windshield inspection of all scenic roads. The majority of the deteriorated trees are Ash, Oak and a few Cherry trees. He stated that where necessary the trees will be replaced.
Public Hearing closed at 9:30pm.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted, with Mr. Hanson opposing:
To Grant the approval of removing of the deteriorated trees.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Cullen spoke about the water breach at Commonwealth Heights. He also stated that several other subdivisions are making progress.
Fiddlehead (Perry Lane)
Paul Faxon Correspondence
Mr. Faxon sent correspondence to Tom Temple, Assistant City Engineer, stated that Mr. Temple had promised him in previous conversations that he would look into allowing a reduction in the bond and allowing his contractors to finish the subdivision. The Planning Board Secretary has already started the necessary paperwork for taking the bond and it was suppose to be signed by the Board this evening. However with the correspondence from Mr. Faxon this afternoon the he “demanding the return of all as-built plans, the road Deed and the Easement Grant immediately”. Mr. Cullen wanted some more time to discuss this with the City Solicitor prior to the Board signing the paperwork for taking of the bond.
On a motion by Mr. Kerrigan seconded by Mr. Coveney it was duly voted:
To accept and file correspondence from Mr. Faxon.
Bond Amount
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To table until Mr. Cullen has spoken with the City Solicitor.
Orchard Estates (Miele Road)
Mr. Cullen stated that he has a field meeting with the developer on Thursday June 14, 2007. He will report back to the Planning Board at the next meeting.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file all correspondence.
The Residences of Oak Crest (Graves Lane)
Performance Bond Request
The Developer is asking to set a performance bond amount.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file and refer the request to the Engineering Department.
Waters Edge (Gregiore Drive)
The Developer is asking for the subdivision acceptance and the release of the performance bond.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To accept and file correspondence and to refer the request to the Engineering Department.
PENDING SUBDIVISION PLANS: Updates and Discussions
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
Devonshire at 495 (Boston Post Road West)
Covenant
There were not enough of the original members to vote on the covenant.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To table the decision on the covenant until all members who are eligible to vote are in attendance.
SCENIC ROADS
SIGNS
CHAIRS BUSINESS
City Solicitor Correspondence ANR time period
At the May 21, 2007 the Planning Board voted for Mr. Hodge to meet with the City Solicitor. Mr. Hodge did meet with Donald Rider and the Assistant City Solicitor Cynthia Panagore Griffin. They discussed various recurrent issues of the Board’s practice and procedures, particularly with regard to the process for acting on approval not required submissions.
Section II.B.4 of the Planning Boards Rules and Regulations provides the Board with 14 days, following a submission of a plan submitted for an approval not require (“ANR”) decision, to act upon that plan and to notify the city clerk of that action. In contrast, the Massachusetts General Laws c. 41, section 81P provides the planning boards with 21 days to act upon an ANR plan. Section II.B.4’s shorter time period is likely a carry-over from an old version of section 81P. The City Solicitor suggested that the Board should vote on a motion to amend Section II.B.4 to delete the reference to 14 days, and to substitute a 21 day period, for Board action on plans submitted for an ANR decision. The city solicitor also suggested the Board might want to revise the summer meeting schedule to avoid constructive approvals of ANR plans.
On a motion by Mr. Hodge and seconded by Mr. Hanson it was duly voted:
To revise the Subdivision Rules and Regulations Section II.B.4 to change the time allowed for making an approval not required ("ANR") decision from 14 days to 21 days.
The Board also asked for Mrs. Lizotte to review the calendar for dates when the summer schedule may conflict with the 21 days and report back to the board at the next meeting.
INFORMAL DISCUSSION
Limited Development Subdivision
At this time this is no further update.
Abutters Literature
Ms. Wilderman did review and had a few comments. The literature is still being reviewed by the legal department.
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. Hanson, seconded by Mr. Kerrigan, it was duly voted:
To adjourn at 9:35 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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