PLANNING BOARD MINUTES
November 5, 2007
7:00 PM
The Planning Board for the City of Marlborough met on Monday, November 5, 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 29, 2007
On a motion by Mr. Kerrigan, seconded by Mr. Johnson, with Barbara Fenby abstaining, it was duly voted:
To accept and file the meeting minutes of October 29, 2007 with noted changes.
CHAIR’S BUSINESS
APPROVAL NOT REQUIRED PLAN
259 Hosmer Street
Mr. Timothy Collins, of the City Engineers office, recommended to the Planning Board to endorse the ANR plan.
On a motion by Mr. Kerrigan, seconded by Mr. Fay, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Neil and Geraldine Fossile, Orchard Estate Realty Trust of P.O. Box 676, 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 50230, page 461. Location and description of property: Three lots located on the Easterly side of Hosmer Street, North of Spoonhill Avenue and South of Applewood Drive property shown on Assessors map 45, parcels 69 and 70; map 32 parcel 142.
PUBLIC HEARING
Zoning Amendment
Chapter 200-16
7:30 PM
The Planning Board of the City of Marlborough held a public hearing on Monday, November 5, 2007 at 7:30 p.m. regarding amending the Marlborough Zoning Ordinance Chapter 200-16. 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, November 5, 2007 at 7:30 P.M., at Memorial Hall, City Hall, 140 Main Street, Marlborough, MA on a proposed amendment to the Code of the City of Marlborough, Chapter 200, Zoning, as described below:
That, Pursuant to Section 5 of Chapter 40 A of the General Laws, the City Council of the City of Marlborough, having submitted for its own consideration changes in the zoning ordinance of the City of Marlborough, as amended, to further amend Chapter 200, Article V, section 200-16, now ordains that the zoning ordinance of the City of Marlborough, as amended by adding thereto, as follows:
Section 200-16, entitled “Table of Uses, General,” is herby amended by adding at the end of said Section the following language:
· All uses not noted in Section 200-17, entitled “Table of Uses,” shall be deemed prohibited, except where so to deem would interfere with or annul any other City of Marlborough ordinance, rule, regulation or permit.
A copy of Chapter 200 and the proposed amendment material are available for review in the Office of the City Clerk, City Hall, 140 Main Street, Marlborough, MA.
Per order of the City Council
#07-100-1677
City Council President, Arthur Vigeant, made the proposal to the Board. Mr. Vigeant stated that with Marlborough being a possible casino site designated by the current governor it is necessary to make this change to avoid any possibility of any future developments that may “squeak” by with the current ordinance Mr. Vigeant is also asking for the decision tonight for a possible vote in tonight’s City Council meeting.
In Favor
No one spoke in favor of the change.
In Opposition
No one spoke in Opposition.
Mr. Kerrigan stated that this was pretty straight forward.
Mr. Hodge asked Mr. Vigeant why were they not specific addressing gambling related enterprises? Mr. Vigeant stated that since the whole state is just in the beginning stages of considering casinos that it was difficult to draft precise language. The Casino Developers would have to obtain a change to the zoning ordinance to allow this use and then they would have to go through the special permit process.
The public hearing was closed at 7:35pm.
On a motion by Mr. Hanson, seconded by Mr. Fay, with Ms. Fenby, Mr. Hodge and Mr. Johnson opposing it was duly voted:
To recommend adding following language to the current Zoning Ordinance Chapter 200-16:
“All uses not noted in Section 200-17, entitled “Table of Uses,” shall be deemed prohibited, except where so to deem would interfere with or annul any other City of Marlborough ordinance, rule, regulation or permit.”
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Cullen presented a detailed list of all the subdivisions that were still active and at what current stage the subdivisions status. The Board had several questions regarding Mr. Kerrigan’s concerning for Orchard Estates and the Miele Road icing that has happened in the past. Mr. Cullen stated that the sub-drains are now in place and it should not happen this upcoming winter.
O’Leary’s Landing (Joseph North Road)
Road acceptance and reduction of bond
Mr. C. Brad Bumpus, the developer, is asking the board to consider reducing his bond and to accept the subdivision.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson, it was duly voted:
To accept correspondence and refer the correspondence to the City Engineer for his recommendation at the next Planning Board Meeting.
The Residences of Oak Crest (Graves Lane)
The attorney for the developer has submitted a tri-party agreement for the Boards approval.
On a motion by Mr. Kerrigan, seconded by Mr. Fay, it was duly voted:
To accept and file correspondence and to refer the draft of the tri-party performance bond to the Legal Department for their approval with the cavaidit that the bond proposal in a draft only in case the legal department want to wait until the final document.
PENDING SUBDIVISION PLANS: Updates and Discussions
Berlin Farms (Long Drive)
Mr. Cullen updated the Planning Board about his meeting with the site engineer, Steve Poole. He stated that there are changes in the detention ponds and they will have to come back to the board for approval once the changes are reflected in the plans.
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
Dorothy Magliozzi (30 Farm Road)
Correspondence from Chris White
At the previous meeting on Monday, October 29, 2007, the Planning Board asked Mr. White to review the reviewed the condition of stone wall. Mr. White stated that after review the stone wall is in fact on private property and after reviewing the City’s Scenic Roads Ordinance is not clearly applicable. He thinks the Board should request the resident to use the existing stones and reconstruct the wall in its current location to enhance the aesthetic character of the road.
Correspondence from Ronald LaFreniere
Mr. LaFreniere sent correspondence to the Board stating the scenic road act has no applicability to stone walls or trees on private property, that it only deals with the subject of repair, maintenance, reconstruction or paving work related to the roadway according to the MGL Chapter 40, section 15C. He stated that if the owner of the property intends to reconstruct a stone wall on private property, they should obtain the necessary site plan approval.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson, it was duly voted:
To accept and file correspondence, and to ask the City Solicitor whether or not the Planning Board has the authority to prohibit a property owner from removing or disturbing a stone wall that is not within the City's right of way under the City's Scenic Road Ordinance, MGL Chapter 40, §15C, or any other statutory or regulatory authority.~
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.
On a motion by Mr. Fay, seconded by Mr. Coveney, it was duly voted:
To send correspondence to the City Solicitor asking when the Planning Board may see any further information on the Limited Development Subdivisions and the Abutters Literature.
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 7:40 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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