PLANNING BOARD MINUTES
October 15, 2007
7:00 PM
The Planning Board for the City of Marlborough met on Monday, October 15, 2007 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Chairperson, Steve Kerrigan, Clerk, Edward Coveney, Clyde Johnson, Robert Hanson, and Sean Fay. Also present: City Engineer Thomas Cullen.
MINUTES
Meeting Minutes September 24, 2007
On a motion by Mr. Kerrigan, seconded by Mr. Johnson, it was duly voted:
To accept and file the meeting minutes of September 24, 2007 with the appropriate changes.
CHAIR’S BUSINESS
Correspondence from City Council
The Planning Board received correspondence from the City Council to consider amending Section 200-17 table of uses. A public hearing will be scheduled for November 5, 2007 at 7:30 p.m.
Pam Wilderman, City Code Enforcement Officer
Ms. Wilderman spoke to the Planning Board about blight issues that still exist at several subdivisions. She toured 3 in progress subdivisions with Mr. Cullen and many instances of blight. The question was raised of what authority the Planning Board has of asking the developers to complete the necessary work. Mr. Cullen and Ms. Wilderman explained that site plan extensions are sometimes conditioned on completion of requirements prior to extension approval. Ms. Wilderman suggested that it might similarly be possible to require completion of subdivision portions prior to approval of subdivision extension requests.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson, it was duly voted:
To send correspondence to the City Solicitor asking if the Planning Board has any authority to ask developers to complete portions of their subdivisions prior to any granting of an extension.
ON A MOTION BY MR. KERRIGAN, SECONDED BY MR. COVENEY IT WAS DULY VOTED:
To discuss item 10 B (Signs, Pam Wilderman) at this present time.
SIGNS
Pam Wilderman
Ms. Wilderman has met with several real estate agencies discussing the current sign ordinance. The agents have asked Ms. Wilderman if it was possible to amend the current sign ordinance to include the regulation of off premise signs at certain times for the agents to conduct open houses. Ms. Wilderman also discussed with the board the issue of the fines. With only a $50.00 fine penalty many agents and constituents would rather get “caught” with the fine then remove their signs. Ms. Wilderman also discussed the request of the Planning Board to change the sign amendment for changing the wording to include a penalty for any sign contractor who violates the sign ordinance. It was suggested that Ms. Fenby meet with Ms. Wilderman to discuss proposed changes that are needed to the current sign ordinance.
On a motion by Mr. Hanson, seconded by Mr. Fay it was duly voted:
To allow Ms. Fenby to meet with Ms. Wilderman to discuss the proposed changes to the current sign ordinance.
APPROVAL NOT REQUIRED PLAN
187 Clover Hill Road
Mr. Dipersio resubmitted to the Planning Board the necessary changes that were recommended by the City Engineers office. The ANR plan was originally denied without prejudice at the September 24, 2007 meeting. With all conditions approved prior to the meeting, the City Engineer recommended to the Board to approve the ANR plan.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Natalie Faddoul of 187 Clover Hill Road, Marlborough, MA 01752. Name of Engineer: Thomas Land Surveyors, 265 Washington Street, Hudson, MA 01749. Deed of property recorded in South Middlesex Registry of Deeds book 30570, page 521. Location and description of property: located at 187 Clover Hill Road property shown on Assessors map 90, parcel 32.
433 Maple Street
The City Engineer has reviewed the ANR for 433 Maple Street and recommended that the Board approve the ANR Plan.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of James V. Farina of 433 Maple Street, Marlborough, MA 01752. Name of Engineer: Inland Survey, dba Zanca Land Surveying, 16 Gleasondale Road, Stow, MA 01775. Deed of property recorded in South Middlesex Registry of Deeds book 5231, page 298 & 299. Location and description of property: Bounded by the north by N/F James V. Farina Trustee of J & L Realty Trust and N/F Gina Mercuri Ippolity; Bounded in the east by Maple Street; Bounded in the west by Mill Street; Bounded in the south by Maple Street and Mill Street; Located on Maple Street property shown on Assessors map 104, parcel 37.
Hillside School (Robin Hill Road)
Peter Ogren, of Hayes Engineering, presented to the Board the ANR plan for Hillside School. Hillside is separating their land into three parcels, one parcel with the school, one open parcel and then the parcel with the farm land. Mr. Ogren asked permission from Dr. Fenby to have engineering review the ANR plan prior to the meeting which was granted via email. Mr. Cullen has reviewed the ANR plan and recommended to the Board to approve the plan.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Hillside School, Edward Gotgart of 402 Robin Hill Street, Marlborough, MA 01752. Name of Engineer: Hayes Engineering, Inc., Peter J. Ogren, P.E., 603 Salem Street, Wakefield, MA 01880. Deed of property recorded in South Middlesex Registry of Deeds book 5120, page 399 and book 14206, page 517. Location and description of property: located along Robin Hill Street property shown on Assessors map 52, parcel 1.
PUBLIC HEARING
890 Boston Post Road East
Amendment to the Zoning Map
Public Hearing 7:15pm
The Planning Board of the City of Marlborough held a public hearing on Monday, October 15, 2007 at 7:15 p.m. regarding amending the Marlborough Zoning Ordinance. Members present: Chairperson Barbara L. Fenby, Clerk Steve Kerrigan, Edward Coveney, Robert Hanson, Clyde Johnson and Sean Fay. Also present: City Engineer Tom Cullen.
The Chair introduced the members of the board, 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
Notice is hereby given that the Planning Board of the City of Marlborough will hold a public hearing on Monday, October 15, 2007 at 7:15 P.M., at Memorial Hall, City Hall, and 140 Main Street, Marlborough, MA on the petition of 890 Post Road LLC, which is the owner of the real property which is the subject of this proposal, for Amendment to the Marlborough Zoning Ordinance, Chapter 200, Article III Section 200-08 pursuant to Mass. General Laws Chapter 40A 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 most recently 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 the land located off Boston Post Road East and shown on the Marlborough Assessors Maps as Map 62 Parcel 1 which is now in a “Rural Residence” zone be rezoned and included in the contiguous “Business” zone.
Per order of the City Council
#07-1001666
Attorney Arthur Bergeron presented to the Planning Board his clients desire to zone the entire parcel of map 62, parcel 1 Business. It is presently Business in the front portion and Rural Residential in the rear. He showed a diagram of the property and of the abutting property which is all zoned “Business”. The back of the property borders the wastewater treatment plant. Mr. Bergeron stated that the three gentlemen in the gallery (Jeff Fasser, of VHB, Stephen Burack, VP of Dealer Operations of Nissan, and Jeff Batta, owner of said property) were all in favor of the plan.
In Favor
No one spoke in favor.
In Opposition
No one spoke in opposition.
In General
Mr. Kerrigan asked if the parcel was not completely rezoned would the owner just keep the parcel with the same layout of Zoning? Mr. Bergeron did state the parcel would remain the same if the amendment was not approved.
The public hearing was closed at 7:25 pm.
890 Boston Post Road East
Amendment to the Zoning Map
Public Hearing 7:30pm
The Planning Board of the City of Marlborough held a public hearing on Monday, October 15, 2007 at 7:30 p.m. to propose a change to the Marlborough Zoning Ordinance, Chapter 200, Section 200-17 and Section 200-18. Members present: Chairperson Barbara L. Fenby, Clerk Steve Kerrigan, Robert Hanson, Clyde Johnson and Sean Fay. Also present: City Engineer Tom Cullen.
The Chair introduced the members of the Planning Board, 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
Notice is hereby given that the Planning Board of the City of Marlborough will hold a public hearing on Monday, October 15, 2007 at 7:30 P.M., at Memorial Hall, City Hall, and 140 Main Street, Marlborough, MA on the petition of 890 Post Road LLC, which is the owner of the real property that would be the proposed change for Amendment to the Marlborough Zoning Ordinance, Chapter 200, Section 200-17 and Section 200-18, as follows:
Be it ordained by the City Council of the City of Marlborough that the Code of the City of Marlborough, as most recently amended, be further amended by:
1) adding to Section 200-17 a new Business Use, Entitled “New Motor Vehicle Sales and Service (41)” to be allowed by Special Permit in a Business zone, and
2) adding to Section 200-18 a new subsection 41 to read as follows:
“(41) New Motor Vehicle Dealership Sales and Service
New motor vehicle sales and related service and used vehicle sales by an entity which has a valid dealership agreement to sell vehicles on behalf of a known manufacturer of new motor vehicles, provided that said dealership shall as a condition of operation, be appropriately licensed by the Marlborough License Commission pursuant to Mass. General Laws.”
Per order of the City Council
#07-1001667
The owner of Marlboro Nissan, Mr. Batta would like to move his dealership to 890 Boston Post Road East and cannot move the dealership without changing the zoning ordinance. Attorney Arthur Bergeron explained to the Board why the Zoning Ordinance needs to be changed to allow new car sales. Mr. Bergeron is proposing to change the ordinance to allow this. Mr. Batta spoke on how he would like to open another dealership down the street to provide service for new cars only and have the back lot to store the new vehicles. The existing dealership would remain for the used vehicle sales and car repairs.
Mr. Fasser of VHB, Inc. presented a slide show to the board on how the zoning in other communities results in harmonious car dealerships without looking like Route 1 in Norwood. He presented attractive building concepts that Marlborough can aspire too.
Mr. Stephen Burack, Vice President of Dealer Operations for Nissan, Inc., presented some facts on the current location of Marlboro Nissan. He explained how the move to the new site would benefit the fourth largest volume dealer.
Mr. Jeff Batta explained that he would like to keep his dealership here in the city. He explained that to grow in the direction he would like to take his business he needs to move out of the “postage size” lot and to a new lot to have his new vehicle sales flourish.
In Favor
No one spoke in favor.
In Opposition
No one spoke in Opposition.
In General
No one spoke.
The portion of the hearing was closed at 7:52 pm.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Cullen stated that there were no new updates.
Berlin Farms (Long Drive)
Consolidated Design Group sent a revised set of drawings, site plan and details, as well as an updated drainage report to the Planning Board.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney, it was duly voted:
To accept and file correspondence and to refer all correspondence to the City Engineer for his review and to report back to the Planning Board at its next meeting.
Forest Grove (Muir Way)
Ms. Brooks of 39 Muir way sent correspondence to the Planning Board in March 2007 asking if it was possible to approve the subdivision so that she can lobby the school department to have a safer bus route for her children. She stated that when it snows the snow plows pile snow at the bus pick up point and this makes it dangerous for any child to wait at the bus pick up point.
Mr. Cullen stated that the streets do get plowed by the City and not a private contractor by Fafard Development as a courtesy to the constituents.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney, it was duly voted:
To send Correspondence to the Superintendent of the Schools asking to change the bus pick up location for the Forest Grove subdivision, to copy all necessary parties, and ask them to report back in writing to the Planning Board.
PENDING SUBDIVISION PLANS: Updates and Discussions
Mauro Farm (Cook Lane)
Correspondence from 130B Cook Lane
Mr. and Mrs. Ebert of 130B Cook Lane sent correspondence regarding the proposed retaining wall agreeing to allow Rosewood Construction Corporation and its agents to construct a portion of the stone retaining wall that was shown on sheet C6-B of the “Definitive Subdivision Plan of Mauro Farm”.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney, it was duly voted:
To accept and file correspondence.
Approval of Definitive Subdivision
Mr. Fay provided the Chair with 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) prior to the first public hearing. Mayor Stevens stated that Mr. Fay is able to vote without any conflict.
After an extensive review by Mr. Cullen, The City Engineer recommended to the Planning Board approve the “Definitive Subdivision of Mauro Farm”. Most waivers were approved with the exception of the allowing a sidewalk on one side of the roadway.
Two members of the Board objected to waiving Section 5.B.2 allowing a road width being smaller the requirement of 32 feet. The City Engineer and the Developers sought to add a 6 foot strip of green areas to all roadways to keep the continued open feel look. With this green area by the between the roadway and the sidewalk the street would be smaller then the requirement. There was some question if the fire safety access would be compromised by a smaller width of roadway and smaller turning radius of the cul-de-sac, The Fire Chief, David Adams, stated that there was no compromise of safety. Two of the members opposed the creation of a smaller roadway.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney, it was duly voted:
To GRANT a waiver from the Subdivision Rules and Regulations, Section 4.B.5 (a), dead-end streets, to allow the creation of a road way with a dead end length of 831.4 feet and a roadway length of 605.5.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney, it was duly voted:
To GRANT a waiver from the Subdivision Rules and Regulations, Section 4.B.4 (c), grade, to allow the horizontal tangent between vertical curves: allow creation of a roadway with a distance between vertical curves if 49.1 feet along a horizontal curve with a centerline radius of 240.0 feet.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney, it was duly voted:
To GRANT a waiver from the Subdivision Rules and Regulations, Section 4.B.5 (c), slope, to allow the creation of a roadway with a 3.0% cul-de-sac leveling area 34.8 feet in length.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney, with Ms. Fenby and Mr. Fay in favor and Mr. Hanson and Mr. Johnson in opposition it was duly voted:
To GRANT a waiver from the Subdivision Rules and Regulations, Section 5.B.2, roadway with for secondary streets, to allow a creation of roadway with a pavement length of 28 feet.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To DENY the waiver from the Subdivision Rules and Regulations, Section 5.D.1, sidewalks, this will not allow the creation of roadways with sidewalks along one side.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney, with Mr. Hanson and Mr. Johnson opposing it was duly voted:
To approve a Definitive Plan of a Subdivision known as Mauro Farm. Note that there are four approved waivers. 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. Name of owner: Ernest A. Mauro, Mauro Family Trust, 150 Cook Lane, Marlborough, MA 01752. Name of Subdivider: Capital Group Properties, 259 Turnpike Road, Suite 100, Southborough, MA 01772. Engineer: Tunison Smith, P.O. Box 73, 115 Main Street, North Easton, MA 01356.
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
Correspondence from Chris White
Mr. White sent correspondence and pictures of the stumps located at 141 Bigelow Street. The pictures show a dead ash stump with a lateral crack in the center, and decay around the trees and in the last photos. There was concern at the previous meeting due to these trees due to being left off the general list that was voted upon in June.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney, with Mr. Hanson opposing, it was duly voted:
To accept and file correspondence.
Dorothy Magliozzi (30 Farm Road)
Ms. Magliozzi is proposing to clear existing stones, brush and tree stumps on her property. Her property is located on a scenic road and she is seeking permission from the Planning Board to perform this work.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To table any decision until all members have viewed the property.
Margo Reasnor (75 Spoonhill Ave)
Ms. Reasnor came before the Board as an informal discussion of her scenic road layout. She is looking to remove some trees from the back portion of her property. It was agreed by all members that Ms. Reasnor did not need approval from the Planning Board to work on the landscaping in the rear of her yard.
SIGNS
Sorentos (128 Main Street)
Correspondence from Stephen Reid
Stephen Reid, the Building Commissioner, sent correspondence to the Planning Board regarding the additional sign request for Sorentos. He stated that the Downtown Sign District is intended to uniformly control the downtown signs and there is not a viabale façade frontage to allow another sign. Mr. Reid stated there is no special circumstance that is unique to Sorento’s that would justify a variance.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney, it was duly voted:
To accept and file the correspondence.
On a motion by Mr. Kerrigan, seconded by Coveney, it was duly voted:
To DENY the request of Sorento’s located at 128 Main Street due to the lack of eligible frontage on Court Street.
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. 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 8:47 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
| 
