PLANNING BOARD MINUTES
June 25, 2007
7:00 PM
The Planning Board for the City of Marlborough met on Monday, June 25, 2007 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Chairperson, Steve Kerrigan, Clerk, Philip Hodge, Robert Hanson and Clyde Johnson. Also present: Assistant City Engineer Tom Temple.
MINUTES
Meeting Minutes June 11, 2007
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To accept and file the meeting minutes with appropriate changes of June 11, 2007
CHAIR’S BUSINESS
Code Enforcement for Black Horse Farms, Indian Hill Park and Cider Mill Estates
Ms. Wilderman received a complaint from a neighbor of the Black Horse Farm Subdivision for gravel, rock, dirt piles and non construction debris that littered the site. Ms. Wilderman found that at all three of the developer’s subdivision sites (Cider Mill Estates, Indian Hill Park and Cider Mill Estates) had no active building permits. She is asking the Board, if the Board so chooses, to cite the developer under the blight ordinance. She also suggested to the board too”Consider formally rescind the approval of the Indian Hill Park subdivision so it would be on file”, “consider ordering the developer to complete all aspects of the actual subdivision work to close out the subdivision” and “if such a decision is made it would be important to insure that the streets remain private ways be put into place
regarding construction to protect the condition of the finished roadways”.
On a motion by Mr. Kerrigan, seconded by Mr. Hodge it was duly voted:
To accept and file all correspondence; to send the correspondence to the City Engineer and have Mrs. Lizotte review the status and report to the Board at the next meeting.
Additional Meeting Dates
The Board has added an additional two meeting dates to their schedule: July 9, 2007 and August 6, 2007.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To approve these dates and send notice to the City Clerk of these dates.
City Council- New Sign Ordinance
The Board went to Council Chambers at 8pm to hear the presentation on the new sign ordinance. The presentation was given by several members of the committee including Dr. Fenby, Pamela Wilderman, Councilor Trish Pope, Councilor Robert Katz, and Attorney Arthur Bergeron. The presentation included an outline of the changes to the sign ordinance. After the presentation the Board decided to review the draft of the ordinance and will discuss the ordinance at its next two meetings on July 9th and July 23rd.
APPROVAL NOT REQUIRED PLAN
PUBLIC HEARING
Hemenway Street Scenic Road 7:30 PM
The Planning Board of the City of Marlborough along with the City Tree Warden held a joint public hearing on Monday, June 25, 2007 at 7:30 p.m concerning the removal and replacement of a stone wall and the removal and replacement of trees located within city layouts. Members present: Chairperson Barbara L. Fenby, Clerk Steve Kerrigan, Phil Hodge, Clyde Johnson, and Robert Hanson. Also present: Assistant City Engineer Tom Temple.
Clerk Kerrigan read advertisement into record.
PLANNING BOARD
PUBLIC HEARING NOTICE
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 25, 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 of the General Laws in respect of removal and replacement of a stone wall and trees located within the limits of the public way to construct a sidewalk located on Hemenway Street.
Remove and replace stone wall
Remove and replace trees
Tom Temple of the City Engineers office presented the plan to the Board. The Citys’ Department of Public Works graphics showed where trees would be removed and replaced to allow the placement of sidewalks along Hemenway Street from Wilson Street to Langelier Drive. Mr. Temple stated that no stonewall would be removed and that every one tree that was removed they will replace with two trees. He also stated that this is the first time public is seeing the presentation and that he was willing to meet with anyone on site to discuss the removal and replanting of trees. As for the stone wall located at 285 Hemenway Street, the City will repair and restore to natural condition.
In Favor
No one spoke in Favor.
In Opposition
No one spoke in Opposition.
In General
Councilor Katz
Ward 1
Mr. Katz asked if anyone from the City Engineer’s office met with the neighbors individually. Mr. Temple stated that this is the first time he has spoken to the neighbors and is willing to discuss the plans with the neighbors at their homes.
Laurel Zolfonoon
9 Langelier Lane
Ms. Zolfonoon was trying to understand how far the sidewalk would go onto her property. Mr. Temple stated the backside if the sidewalk would be about 5 ½ feet away from the street pavement. She also asked about the trees on the open property and if they would be replaced. Mr. Temple said it was up to the owner of the property and if they would like the trees replaced.
Daniel Valerio
266 Wilson Street
Mr. Valerio asked why after all these years a sidewalk? Mr. Temple also stated that since many of the residents in the area tend to walk they would like to have them walk on the sidewalks and not on the busy streets.
John Bloem
341 Hemenway Street
Mr. Bloem asked how the City was going to handle the driveways. Mr. Temple stated that they usually feather the transition of the driveway. Mr. Temple also stated they usually go prior to the cuts and mark the driveways with spray-paint. Mr. Temple also stated that each homeowner will have to sign a release form for the City to perform the work.
William Lajunesse
285 Hemenway Street
Mr. Lajunesse asked if the City would be able to remove a few trees that are deteriorated and close to where the sidewalk is proposed on his property. Mr. Temple stated he would meet with Mr. Lajunesse to discuss this issue.
This portion of the public hearing is closed.
Mr. Kerrigan asked the size of 35 trees they were removing. Mr. Temple stated that some of trees were 24’ inches round Ash trees and some were much smaller to be considered “grubbing”.
Mr. Hodge questioned if the homeowners do not want the trees replaced on their properties will they then place the trees in a different area of the City? Mr. Temple stated that is a procedure that is commonly practiced. Mr. Hodge also asked Mr. Temple the timeframe of the project. When the funding is available they would like start by the fall then the trees will be planted, if not then the trees will be planted in early spring.
The Public hearing closed at 7:56 p.m.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To allow the Tree Warden and Engineering to remove the trees, and allow the addition of the stone wall located at 265 Hemenway Street, and to allow the homeowners decide if they would like the trees placed back onto their property or the replantation elsewhere.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Temple stated that there was no new update at this time.
Commonwealth Heights
Correspondence from the City Sanitarian
Mr. Landry, the City Sanitarian for the City of Marlborough, sent correspondence as a result of events that happened on Saturday June 9, 2007 with the “breaching” of erosion control barriers and overflowing of detention areas due to heavy rainfalls. The Board of Health determined that this is a nuisance and accordance to the provision of M.G.L. ch. 111 sec. 122 that “inability to control the flow of alleged, “untreated” water during the rain event on the above noted date, resulted in the potential contamination of abutting properties and may be injurious to public health. The Board of Health ordered the developer to abate the nuisance within a 24 hour time period and stated that they were liable for one thousand dollars per day penalty knowingly violating the order.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson, it was duly voted:
To accept and file correspondence, to send correspondence to the Board of Health to ask them to continue to keep us informed and send the correspondence to the Code Enforcement Officer.
Fiddlehead (Perry Lane)
Correspondence from the City Engineer
Mr. Cullen informed the City Solicitor that he is going to recommend the Planning Board start the process of taking the bond. Mr. Cullen stated that the issues still stand from several years ago and there has been no initiative from the developer to complete any work. The developer has asked the City Engineers office to act in good faith; however the City Engineer has not seen good faith from the developer in completing the work.
Mrs. Lizotte has already prepared the necessary paperwork to take the bond.
On a motion Mr. Kerrigan, seconded by Mr. Hodge it was duly voted:
To accept and file correspondence from the City Engineer, To forward documents to the City Solicitor to see if paperwork is in proper form for taking the bond, To notify the developers attorney of the proceeding documents and to have the chairperson Fenby sign documents once returned from the City Solicitor.
The Residences of Oak Crest (Graves Lane)
Correspondence from Tom Temple
Mr. Temple stated that he has finished the calculations and review of the bond necessary to secure the release of the lots. However the developer needs to complete the temporary paving associated with adjusting of “all” frames, grates and gates (around all the structures) before he will recommend a bond amount or a release of all lots.
On a motion by Mr. Kerrigan, seconded by Mr. Hodge it was duly voted:
To accept and file correspondence and to send correspondence to the developer to have him complete the necessary work before Mr. Temple will recommend the bond amounts as well as the release of the lots.
Waters Edge (Worster Drive)
Correspondence from Tom Temple
Mr. Temple stated that he spoke to Tom Dispersio, of Thomas Land Surveying regarding the revisions that are still needed for the acceptance of plans before the City Engineers office can recommend acceptance of the subdivision. Once he has received the complete revisions Mr. Temple will provide the developers attorney with the necessary steps to proceed with the acceptance.
On a motion by Mr. Kerrigan, seconded by Mr. Hodge it was duly voted:
To accept and file all correspondence and to table any decision until the next meeting.
PENDING SUBDIVISION PLANS: Updates and Discussions
Mauro Farm
Mr. William Depietri from Capital Group Properties sent correspondence to the Planning Board to clarify some of the points the City Councilors and the neighbors brought up to the Board at the June 11th public hearing.
On a motion by Mr. Kerrigan, seconded by Mr. Hodge it was duly voted:
To accept and file the correspondence and to send the correspondence to the City Councilors as well as all abutters who spoke at the public hearing.
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
Devonshire at 495 (Boston Post Road West)
Covenant
After discussions about who can and cannot sign it was determined that any board member present at this meeting will be eligible to sign the covenant.
On a motion by Mr. Hodge, seconded by Mr. Hanson it was duly voted:
To sign the Covenant for the subdivision known as Devonshire at 495 Center, Marlborough, Massachusetts. Prepared for: the Marlborough/Northborough Land Realty Trust c/o The Gutierrez Company, Burlington Office Park, One Wall Street, Burlington, MA 01803; Prepared by Vanasse Hangen Brustlin, Inc. Transportation, Land Development, & Environmental Service, 101 Walnut Street, P.O. Box 9151, Watertown MA., Date approved by the Planning Board on May 23, 2007.
SCENIC ROADS
City of Marlborough
Tree Removal in the vicinity of 128 Farm Road
The Planning Board set a public hearing for July 23, 2007 at 7:30 P.M.
SIGNS
INFORMAL DISCUSSION
Limited Development Subdivision
At this time this is no further update.
Abutters Literature
On a motion by Mr. Kerrigan, seconded by Mr. Hodge it was duly voted:
To send abutters literature to the City Solicitor for his review and comments.
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. Johnson, seconded by Mr. Kerrigan, it was duly voted:
To adjourn at 8:55 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
| 
