PLANNING BOARD MINUTES
November 19, 2007
7:00 PM
The Planning Board for the City of Marlborough met on Monday, November 19, 2007 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Chairperson, Steve Kerrigan, Clerk, Philip Hodge, Clyde Johnson, Robert Hanson, and Sean Fay. Also present: City Engineer Thomas Cullen.
MINUTES
Meeting Minutes November 19, 2007
On a motion by Mr. Kerrigan, seconded by Mr. Johnson, it was duly voted:
To accept and file the meeting minutes of November 5, 2007.
CHAIR’S BUSINESS
Correspondence from Arthur Bergeron
Mr. Bergeron asked for the Planning Board to make a recommendation to change the Zoning of Map 62 Parcel 1 which is now “Rural Residence” zone to be rezoned to be contiguous “Business” zone. Mr. Fay did comment that the land is landlocked and that it makes sense to make it all one zone.
On a motion by Mr. Johnson, seconded by Mr. Hanson it was duly voted:
To send to correspondence to the City Council to recommend the change in zoning of Map 62 Parcel 1 from “Rural Residence” zone to a contiguous “Business” Zone.
APPROVAL NOT REQUIRED PLAN
107 Phelps Street
Mr. Fay left the room as he is an abutter to the property.
Attorney Douglas Rowe presented to the Planning Board the plan for 107 Phelps Street. He stated that his client is to grant a municipal utility easement to the City of Marlborough for Parcel B. Mr. Rowe stated that the Department of Public Works Commissioner, Ronald LaFreniere, has reviewed the plan and approved the plan. The City Engineer has not reviewed the plan himself and would like to review the plan.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson 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 December 3, 2007.
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Cullen state that the Berlin Farms was still in the process of completing the changes to the plans and he has not received them. The Fiddlehead bond monies have been secured and the account has been established, he hopes this can be finished before the winter starts. He has sent correspondence to the developer for Acre Bridge Estates on the necessary work that needs to happen in his subdivision and at the Cider Mill Estates Subdivision are preparing the roads for binders and sidewalks.
Apple Orchard Estates (Balcom & Miele Road)
Road acceptance and reduction of bond
The Developers are asking the Planning Board to be accepted as public ways and a return the outstanding bond monies.
City Council Correspondence
The City Council referred correspondence from the developers request for the road acceptance of Apple Orchard Estates.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file all correspondence and refer the correspondence to the City Engineer for his recommendation.
Crystal Ridge Estates (Danjou Drive)
Road acceptance and reduction of bond
The Developers are asking the Planning Board to be accepted as public ways and a return the outstanding bond monies.
City Council Correspondence
The City Council referred correspondence from the developers request for the road acceptance of Crystal Ridge Estates.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file all correspondence and refer the correspondence to the City Engineer for his recommendation.
Elm Farm Realty Trust (Cleversy Drive)
Road acceptance and reduction of bond
The Developers are asking the Planning Board to be accepted as public ways and a return the outstanding bond monies.
City Council Correspondence
The City Council referred correspondence from the developers request for the road acceptance of Elm Farm Realty.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file all correspondence and refer the correspondence to the City Engineer for his recommendation.
Howard Estates (Maurice Drive)
Correspondence from Legal Department
City Solicitor, Donald V. Rider, referred to the letter that the Planning Board sent to him asking to review the Correspondence from Cindy McQueen of Hornung and Scimone stating that a full review has been done of the title of property and no lot release was shown for lot 14. Mr. Rider determined that construction of Maurice Drive and the installation of municipal service did extend to Lot 14 and that there would be no reason not to approve lot 14 from the covenant.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence from the City Solicitor.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To release Lot 14 from the covenant.
O’Leary’s Landing (Joseph North Road)
Road acceptance and reduction of bond
Mr. Cullen stated that there were some issues still pending and at this time he does not have a recommendation for the board.
On a motion by Mr. Kerrigan, second by Mr. Hanson it was duly voted:
To table the request until the next meeting on December 3, 2007.
Sterling Woods (Peltier Street, Brazeau Circle & Wyman Lane)
Request for Acceptance
The Developer is requesting for the Planning Board to initiate the acceptance of the project and a complete bond reduction.
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 City Engineer for his recommendation.
The Residences of Oak Crest (Graves Lane)
Correspondence from the City Solicitor
The City Solicitor has reviewed the performance tri party agreement. He did question the amount of $108,000.00 for the performance bond and Mr. Cullen stated that was enough to complete the subdivision if needed. Mr. Rider recommended signing the covenant as long as the true form was signed by the developer and Clinton Savings Bank.
On a motion Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To accept and endorse the tri party agreement.
PENDING SUBDIVISION PLANS: Updates and Discussions
Mauro Farm (Cook Lane)
Correspondence from the City Solicitor
The City Solicitor has reviewed the Covenant and declared it proper to form. However there was question if Mauro Farms, LLC has be incorporated to date since they are listed on the covenant as successor in interest to Capital Group Properties, and referred to as Covenanter.
On a motion by Mr. Kerrigan, seconded Mr. Hanson it was duly voted:
To accept and file correspondence from the City Solicitor.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To send correspondence to the developers Attorney asking when Mauro Farms, LLC will be viable and to provide documentation that is has been established.
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
Dorothy Magliozzi (30 Farm Road)
Correspondence from Legal Department
Mr. Rider responded to correspondence from the Planning Board asking if they had any authority on Scenic Roads pertaining to privately owned stone walls on the right of way. The Scenic Road Act pertains to any “repair, maintenance, reconstruction or paving work” on a scenic road and the removing of the tree stumps, stone wall and debris would not fall into the scenic road acts’ true to the meaning. Mr. Rider’s answer was “no” that the Planning Board did not have any jurisdiction pertaining to the Scenic Road Act.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence and to thank Mr. Rider for his due diligence.
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To send correspondence to Ms. Magliozzi stating after further review that the necessary work to be done on the scenic road is not within the jurisdiction of the Planning Board and to thank her for her cooperation.
SIGNS
INFORMAL DISCUSSION
Limited Development Subdivision
Abutters Literature
Upon question from Ms. Fenby, City Solicitor Rider duly noted that a response is needed for the above mention projects.
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 7:45 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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