PLANNING BOARD MINUTES
July 9, 2007
7:00 PM
The Planning Board for the City of Marlborough met on Monday, July 9, 2007 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Chairperson, Steve Kerrigan, Clerk, Philip Hodge, Clyde Johnson and Sean Fay. Also present: City Engineer Tom Cullen.
MINUTES
Meeting Minutes June 25, 2007
On a motion by Mr. Hodge, seconded by Mr. Johnson it was duly voted:
To accept and file the meeting minutes with appropriate changes of June 25, 2007
CHAIR’S BUSINESS
Code Enforcement for Black Horse Farms, Indian Hill Park and Cider Mill Estates
Report by Mrs. Lizotte to the Planning Board
Mrs. Lizotte prepared a report on all three subdivisions that were discussed by the Code Enforcement officer at the last meeting. Her findings for all three subdivisions:
Blackhorse Farms, Slocumb Lane
Subdivision Approved Date: 4/2/1987. First part of project was completed on 2/8/1991 and 4/1/1992. Lots were released on Slocumb Lane on September 2004.
Bond: Original Bond on 9/1/2004 at $314,000.00 and on September 25, 2006 Planning Board reduced the bond to $248,000.00.
Activity: One building permit applied for and completed with full CO on 9/15/2006. At this time there are no building permits for new construction.
Indian Hill Park, Gikas Circle
Subdivision Approved Date: 9/23/2002, extension date of June 12, 2006 for 8 months.
Bond: July 3, 2006 in the amount of $380,000.00.
Activity: At this time no building permits. The site itself was brought before the Site Plan Committee for blight at the site. The Site Plan Committee would like to see the area graded removal of all debris and seeded on or before July 31, 2007.
Cider Mill Estates, Dufrense Drive
Subdivision Approved Date: 12/23/2002
Bond: Original Bond for West Ridge Estates $195,000.00 dated June 11, 2004 and for Cider Mill Estates $692,000.00 dated March 30, 2005. Bond reduced on March 13, 2006 to the amount of $462,000.00.
Activity: Two building permits applied for and completed; one in late 2005 and the other in early 2006. Both have Certificate of Occupancies. At this present time no open building permits for new construction.
On a motion by Mr. Hodge, seconded by Mr. Kerrigan it was duly voted:
To ask the Code Enforcement Officer to start ticketing the developer under the blight ordinance; to thank the Code Enforcement Officer, Ms. Wilderman, for her time and research; ask the Board of Health to research the subdivisions for any health code violations.
On a motion by Mr. Hodge, seconded by Mr. Kerrigan it was duly voted:
To refer the subdivisions to the City Engineer to report back to the Planning Board at its next meeting for the cost amount needed to complete the necessary roadwork.
On a motion by Mr. Hodge, seconded by Mr. Kerrigan it was duly voted:
To table the next item. (City-Council- New Sign Ordinance)
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To remove item from the table.
City Council- New Sign Ordinance
The Board was asked to review the proposed sign ordinance by the City Council. Since the chairperson, Barbara Fenby, was a part of the committee who composed the new ordinance, she was able to answer a few of the questions.
Mr. Johnson was concerned about the appeals of the sign permits.
Ms. Fenby stated that since there will be no variances under the sign ordinance. The Board will be determining if the granting authority made the right decision in the denial. Otherwise the only appeal process will be through a court.
Mr. Kerrigan would like to know how many signs are now not conforming. He also stated that most signs in the City would be non-conforming under the new ordinance.
Ms. Fenby explained that the non-conforming signs will have 6 years to comply with the new sign ordinance.
Mr. Hodge asked the question regarding gas stations. Ms. Fenby stated that the gas stations would have to conform to the new ordinance as well. Mr. Hodge stated that the gas price signs are important information for most people and the new ordinance should have a section for displaying the gas prices.
Mr. Johnson wanted a little more explanation of the illumination of signs. Ms. Fenby stated that once a store is closed all lights must be turned off at a certain time. However if you have a permit for 24 hour operation then your lights can remain on.
Ms. Fenby also stated that the business owners will have 6 years to comply with the new ordinance. She also stated that the 5 billboards already in non-compliance will have to be removed.
Mr. Johnson would like to see the difference between the two ordinances.
There was also a question of the granting enforcement authority to the Code Enforcement Officer or the Building Commissioner or his designee.
All comments from this meeting and then from the next meeting will be reported back to the City Council.
APPROVAL NOT REQUIRED PLAN
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Cullen stated that the erosion controls from Commonwealth Heights are set in place.
Fiddlehead (Perry Lane)
Correspondence from the City Solicitor
The City Solicitor was asked by the Planning Board to review all forms necessary for taking the performance bond.
On a motion by Mr. Hodge, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence from the City Solicitor; and to sign all necessary papers for the taking of the Fiddlehead Performance Bond.
Orchard Estates III (Miele Road)
Tom Cullen, the City Engineer, stated that most work that was to be finished on the punch list were small items that the developer said he would complete. Mr. Cullen will have more of an update once he has visited the site.
On a motion by Mr. Kerrigan, seconded by Mr. Hodge it was duly voted:
To accept and file correspondence and to table any action until the next meeting.
Waters Edge (Worster Drive)
Tom Cullen stated that his office was still waiting the complete as-built plans for this subdivision. Once those plans are completed he will then recommend the subdivision for acceptance.
PENDING SUBDIVISION PLANS: Updates and Discussions
Mauro Farm
Mr. Loiselle from Capital Group Properties sent correspondence to the abutting neighbors stating the accommodations they would like to make for landscaping and the impact of the development.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file all correspondence.
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
SIGNS
Hooligans
The Board denied a variance of the freestanding sign of 50 square feet on July 24, 2006 instead of the allowed Square footage of 39s.f. for the main sign. However with the business just being established the board gave the owners a year to comply, until July 24, 2007.
On a motion by Mr. Hodge, seconded by Mr. Johnson it was duly voted:
To send correspondence to the Code Enforcement Officer and have her notify the owner of Hooligans of the upcoming compliance date.
INFORMAL DISCUSSION
On a motion by Mr. Johnson, seconded by Mr. Hodge it was duly voted:
To conduct the Informal discussion of the proposed ANR plan prior to the sign ordinance.
Christopher Flood, ANR Plan Preston Street
Attorney Flood brought a proposed ANR plan before the board. There was missing information on the plan as originally prepared. Ms. Fenby suggested coming before the board for an informal discussion prior to the submittal. Attorney Flood was encouraged to speak with the City Engineer to discuss the plan before he submits the ANR plan to the Planning Board.
Limited Development Subdivision
At this time this is no further update.
Abutters Literature
At this time no further communication from the City Solicitor.
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 8:25 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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