PLANNING BOARD MINUTES
October 29, 2007
7:00 PM
The Planning Board for the City of Marlborough met on Monday, October 29, 2007 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Chairperson, Steve Kerrigan, Clerk, Philip Hodge, Edward Coveney, Clyde Johnson, Robert Hanson, and Sean Fay. Also present: City Engineer Thomas Cullen.
MINUTES
Meeting Minutes October 15, 2007
On a motion by Mr. Kerrigan, seconded by Mr. Hanson, it was duly voted:
To accept and file the meeting minutes of October 15, 2007.
CHAIR’S BUSINESS
City Solicitor Correspondence
Subdivision and Blight Ordinance
The Planning Board received correspondence from City Solicitor Rider in response to the Planning Board's inquiry as to whether or not the Planning Board had any authority to ask developers to cure conditions that were determined by the City's Code Enforcement officer to be in violation of the City's anti-blight ordinance prior to any granting of any such extension. It appears the board, without the consent of a developer, has no such authority. In Mr. Rider’s opinion, if the developer did not consent to such a condition in the initial covenant, the Board would have to ask the developer to consent to such a condition in an amended covenant and could not unilaterally impose as condition of the extension that the developers cure the blight. Mr. Rider also stated that since MGL Chapter 41 Section 81U is silent as to any specific timing to
complete a subdivision, it was the City’s own subdivision rules and regulations that specified a 2 years period. Mr. Rider also stated that no statue of MGL or the City’s own subdivision rules and regulations contains a specific reference to extending the time allowed for completion of a subdivision.
On a motion By Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence, and to send correspondence to the City Solicitor thanking him for his detailed response and requesting further direction on three issues: First, if a developer does not complete a subdivision in two years, would prior subdivision approval be null and void; Second, given the absence of specific statutory authority to grant extensions for completion of a subdivision, should the board's rules be amended to include this specific authority; and, Third, is there any specific language that the City Solicitor can recommend to include in all future covenants ~to secure the advance consent on the part of the developer to tie the curing of any blight to the grant of an extension.
APPROVAL NOT REQUIRED PLAN
259 Hosmer Street
Thomas Dipersio of Thomas Land Surveying is submitting an ANR approval for 259 Hosmer Street dividing the three common ownership parcels into three separate conforming parcels.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson, 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, November 5, 2007.
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Cullen stated that there were no new updates.
Orchard Estates III (Miele & Balcom Road), Crystal Ridge Estates (Danjou Drive) and Elm Farm Valley Estates (Cleversy Drive)
The Planning Board received a copy of the correspondence from the Realty Trusts asking for the City Council to accept the streets. The Realty Trusts have not completed or asked from the Planning Board for acceptance, which they need prior to asking the City Council for road acceptance.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson, it was duly voted:
To accept and file correspondence and to send correspondence to the Realty Trusts informing them they need acceptance from the Planning Board prior to asking for road acceptance from the City Council.
Howard Estates (Maurice Drive)
Cindy MacQueen of Hornung and Scimore, P.C. has obtained all information for the lot release of 5 Maurice lot including and affidavit from the person who examined the title and found no documents for a lot release.
On a motion by Mr. Kerrigan, seconded by Mr. Hodge it was duly voted:
To accept and file all correspondence and refer the correspondence to the City Solicitor for his approval.
PENDING SUBDIVISION PLANS: Updates and Discussions
Berlin Farms (Long Drive)
Site Plan Modifications
Mr. Cullen sent correspondence for the site plan modifications back to the developer’s representative for the drainage summary report. At this time Mr. Cullen has several issues that need further review and has an appointment with the developer’s representative prior to the next Planning Board meeting.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To accept and file correspondence and table this matter until the City Engineer has met with the developer’s representative.
Performance Bond
Charles Freeman, the Developer, is asking for the Planning Board to establish the performance bond.
On a motion by Mr. Hodge, seconded by Mr. Kerrigan, it was duly voted:
To accept and refer to the City Engineer for his recommendation.
Mauro Farm (Cook Lane)
Covenant Submittal
The attorney for the developers submitted the covenant for review. It was suggested to add the following language:
Developer hereby agrees that any extension of the two (2) year time period for completion of the sub-division shall be conditioned upon all real estate taxes being paid up to date, and the Board receiving a certification from the City’s Code Enforcement Officer on or before the specified completion date, that no conditions exist on the subject property that are in violation of the City’s so-called Anti-Blight Ordinance. This provision may be waived temporarily by a majority vote of the Board if the Board determines that an extension of no more than thirty (30) calendar days is necessary for the Code Enforcement Officer to examine the property and make a proper determination. ~~~
On a motion by Mr. Fay, seconded by Mr. Kerrigan, it was duly voted:
To accept and refer the covenant to the City Solicitor for his review with the added language.
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
Dorothy Magliozzi (30 Farm Road)
After several surveyed the site they did agree that the site needs to be cleared of the brush and debris. They questioned whether the stone wall is repairable or it should be dismantled.
Mr. Johnson made a motion which was seconded by Mr. Kerrigan, but defeated by the other members of the board to grant the owners of Farm Road to clear the existing stones and the debris along the scenic roadway.
On a motion by Mr. Johnson, seconded by Mr. Kerrigan it was duly voted:
To send correspondence to Chris White, the City of Marlborough Tree Warden, asking him to make a recommendation to remove or repair the stone wall.
Allen Young
560 Concord Road
Correspondence from Tim Collins
Mr. Young is looking to remove several feet of stone wall to allow a second access driveway to the back portion of his property. Mr. Young has spoken to Tim Collins of the Engineering Department regarding the frontage needed for a second driveway. Mr. Collins stated in his correspondence to the Board that since he was removing less then the ten (10) linear feet of stone wall according to our ordinance that it was acceptable and not needing approval of the Planning Board.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson, it was duly voted:
To accept and file correspondence.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson, it was duly voted:
To GRANT the removal of nine (9) linear feet for the second access driveway according to the rules of the scenic road ordinance and to thank Mr. Young for his continuing effort of restoring the original landscaping to his property.
SIGNS
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 8:10 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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