PLANNING BOARD MINUTES
September 24, 2007
7:00 PM
The Planning Board for the City of Marlborough met on Monday, September 24, 2007 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Chairperson, Steve Kerrigan, Clerk, Phil Hodge, Robert Hanson, and Sean Fay. Also present: City Engineer Thomas Cullen.
MINUTES
Meeting Minutes September 10, 2007
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To accept and file the meeting minutes of September 10, 2007 with the appropriate changes.
CHAIR’S BUSINESS
City Council Order 07-1001666
Rezoning of Map 62 Parcel from RR to B
On a motion by Mr. Kerrigan, Seconded by Mr. Fay it was duly voted:
To set a public hearing date of Monday October 15, 2007 at 7:15 pm.
City Council Order 07-1001667
Zoning Ordinance Amendment
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To set a public hearing date of Monday October 15, 2007 at 7:30 pm.
ON A MOTION BY MR. HODGE, SECONDED BY MR. HANSON IT WAS DULY VOTED:
To Discuss the Sorento’s Sign at this portion of the meeting.
Donation from Robert Valchuis
In a memorandum to Mayor Nancy Stevens from the Commissioner of Public Works, Ronald Lafreniere, noted that a donation that was to be made to the City of Marlborough for tree replacement as discussed in a past Planning Board Meeting for Mr. Valchuis’ subdivision Davis Estates. However, no prior records mention the donation. Mr. Lafreniere is strongly recommending to Mayor Stevens that the city council should approve the donation and that the money should be placed under the control of a specific department head.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To accept and place on file the correspondence.
178 Worster Drive
Pamela Wilderman, The City of Marlborough Code Enforcement Officer, sent correspondence to the new homeowners residing at 178 Worster Drive regarding the “open space” and to caution if any change is made to the landscaping.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To accept and file correspondence and refer the correspondence to the Conservation Officer.
APPROVAL NOT REQUIRED PLAN
187 Clover Hill Road
Tom Cullen states at this time they cannot recommend approving the ANR as presented and he has not received a revised ANR plan.
On a motion by Mr. Hodge, seconded by Mr. Kerrigan it was duly voted:
To DENY the ANR Plan as submitted without prejudice for any future ANR plans.
433 Maple Street
Mr. Dave Zanca presented an ANR plan to the Board showing that the old registry site will be subdivided with one lot being deeded to the City and one lot being deeded to Mr. Farina.
On a motion by Mr. Kerrigan, seconded by Mr. Hodge it was duly voted:
To accept and refer the proposed plan to the City Engineer for his review and recommendation at the next meeting on Monday October 15, 2007.
PUBLIC HEARING
Scenic Road Public Hearing 7:30pm
The Planning Board of the City of Marlborough held a public hearing on Monday, September 24, 2007 at 7:30 p.m. for the removal and replacement of several trees. Members present: Chairperson Barbara L. Fenby, Clerk Steve Kerrigan, Phil Hodge, Robert Hanson 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.
Mr. Kerrigan read the advertisement into record.
PLANNING BOARD
PUBLIC HEARING NOTICE
Scenic Road Act
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, September 24, 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 to the removal of shade trees located:
47 Hager Street, Black Oak 12”, Red Maple 6”
48 Hager Street, Red Maple 12”
(Opposite) 56 Concord Road, Norway Maple 22”
102 West Hill Road, Hickory 22”
Chris White, the City of Marlborough Tree Warden, stated that all trees are showing sign of disease and are in stages of decline. It his recommendation to remove the trees and he will be replanting 4 tress on Hager Street and 2 on Concord.
In Favor
Phil Bailey
47 Hager Street
Mr. Bailey stated that he is in favor of removing the trees.
In Opposition
No one spoke in Opposition.
This portion of public hearing was closed at 7:38 pm.
On a motion by Mr. Kerrigan, seconded by Mr. Hodge with Mr. Hanson objecting it was duly voted:
To approve the removal of the listed trees and have the replanting of the trees at the locations of Mr. Whites determination.
Mr. Hanson noticed this past week that there was tree cutting on Bigelow Street that was not a part of the list of trees. Mr. White stated that there was an oversight and did not mean to leave off Bigelow Street. Mr. White will revise the report to include Bigelow Street.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Cullen stated that there has been repairs made at the Sterling Woods Subdivision, the Davis Estates Subdivision has their binder coat placed for their street and Commonwealth Heights Subdivision is currently working on their detention basin. Mr. Cullen also stated that he was going to contact Mr. Abel, City Comptroller, regarding the funds from the rescinded Fiddlehead subdivision.
Berlin Farms (Long Drive)
Correspondence from City Solicitor
Mr. Rider supplied the Planning Board documents of the 21E site assessment and a letter was submitted from the Developers attorney that a certificate of title certified that the open space is free and clear on all encumbrances which both were requirements of the open space special permit. The Planning Board asked if Ms. Ryder, the City of Marlborough Conservation Officer, was supplied with a copy for comments, she was not on the copied list.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To table all correspondence and refer correspondence to the Conservation Officer for her review.
Steve Poole, discussion for easement
Mr. Poole discussed a change in the plans for the access easement for the detention pond. He was encouraged to meet with the City Engineer to discuss further.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To refer Mr. Poole to the City Engineer and have the City Engineer report back to the Planning Board at the next meeting.
Forest Trail (Mosher Lane)
Ms. Ryder sent correspondence to Mr. Steve Poole regarding the change of ownership at Forest Trail Subdivision. She was asked to review the files for remaining items that needed to be completed. She complied a detail list that included at least 10 conditions that need to be completed as well as the open space parcel needs to be still deeded to the city.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To accept and file all correspondence.
Howard Estates (5 Maurice Drive)
The Board was asked by Horning and Simone, P.C. to provide a lot release for 5 Maurice Drive. There is apparently no release on file although the home at that address was built and sold in the 1960's. Planning Board, Building Department and Engineering files contain no information from that time for this property.
On a motion by Mr. Hodge, seconded by Mr. Hanson it was duly voted:
To send correspondence to Horning and Simone asking them to provide additional information supporting the requested action by the Board.
PENDING SUBDIVISION PLANS: Updates and Discussions
Mauro Farm (Cook Lane)
Martin Losielle, Jr. of Capital Group Properties is asking the Planning Board for an extension of consideration on the definitive plans until October 19, 2007.
On a motion by Mr. Kerrigan and seconded by Mr. Hanson it was duly voted:
To accept and file the correspondence from Martin Loiselle, Jr. of Capital Group Properties and to approve an extension of consideration for this project until October 19, 2007.
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
SIGNS
Hooligans (493 Boston Post Road West)
Ms. Wilderman sent correspondence to the owner of Hooligans explaining to him that his sign has not come into compliance and the sign was to comply by July 24, 2007. At this time she is fining the owner for his sign for the non compliance.
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To accept and file correspondence.
Sorentos (128 Main Street)
Mr. Zamiri, Owner of Sorentos, is asking for a variance for his sign on Weed Street. When the sign was applied for Mr. Reid, the City of Marlborough Building Commissioner, denied the sign for Weed Street for lack of frontage. The sign is a non conforming sign that was placed from a variance for the former entertainment area located on Weed & Court Street and the prior occupant was using the sign illegally to advertise his business. Mr. Reid has asked for the entire sign and casing be brought down until a variance is granted by the Planning Board.
The Planning Board discussed this matter previously at its August 20, 2007 meeting with Mr. Zamiri and asked for his sign company, Gemini Signs, to meet with the Planning Board. Mr. Evangelous, co-applicant and installer of the sign, has declined previous invitations to meet with the Planning Board to discuss why the non permitted sign was installed after it was denied by the Commissioner.
On a motion by Mr. Kerrigan, seconded by Mr. Hodge it was duly voted:
To place this matter on the October 15, 2007 for discussion with the Building Commissioner and the Code Enforcement Officer.
Mr. Fay asked if it was possible to fine the sign installer. Ms. Fenby stated that the current sign ordinance does not allow you to fine the installer, however the new sign ordinance that was tabled in City Council would have allowed fining the installers who were disregarding the rules. Mr. Fay suggested that the Planning Board make an amendment to the sign ordinance to possible fine the sign companies who disregard the rules as well as the owners.
On a motion by Mr. Fay, seconded by Mr. Hodge it was duly voted:
To send correspondence to the City Council asking them if they could incorporate fining of the sign companies if they do not apply to the rules and regulations of the sign ordinance.
INFORMAL DISCUSSION
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. 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 8:00 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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