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Planning Board Minutes 2/11/2008
PLANNING BOARD MINUTES
February 11, 2008
7:00 PM



The Planning Board for the City of Marlborough met on Monday, February 11, 2008 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752.  Members present: Barbara Fenby, Chairperson, Steve Kerrigan, Clerk, Edward Coveney, Robert Hanson and Sean Fay. Also present: City Engineer Thomas Cullen.


MINUTES

Meeting Minutes January 28, 2008

On a motion by Mr. Kerrigan, seconded by Mr. Coveney, it was duly voted:

To accept and file the meeting minutes of January 28, 2008.

CHAIR’S BUSINESS

Arthur Bergeron (Pembroke Street)

Attorney Bergeron spoke to the Planning Board regarding his clients’ three parcels on Pembroke Street. These parcels are continuous and his client failed to get the necessary approval to build a new home from the Zoning Board of Appeals.  Mr. Bergeron is asking the board to consider a subdivision even if the subdivision will not require new construction of roads, sewers extension, water mains or any other typical requirement of a subdivision since the infrastructure already exists.

On a motion by Mr. Kerrigan, seconded by Mr. Coveney, it was duly voted:

To ask Mr. Bergeron to provide a subdivision site plan to the City Engineer and have the City Engineer provide his opinion to the board at the next meeting.

ON A MOTION BY MR. KERRIGAN, SECONDED BY MR. COVENEY IT WAS DULY VOTED:

To move up 10D (signs, 419-435 Lakeside Ave).

Signs
419-435 Lakeside Ave

Mr. Bergeron asked the Board to extend the variance since his client was still in discussion regarding the sign. He stated he would get a letter to the Planning Board to that effect.

APPROVAL NOT REQUIRED PLAN

PUBLIC HEARING

SUBDIVISION PROGRESS REPORTS

Update from City Engineer

Mr. Cullen did provide a new report for the Planning Board showing the progress of all the open subdivisions. He did state that they are working with the Legal Department to finalize several open subdivisions that are ready for acceptance.

Berlin Farms (Long Drive)

Bond Request from Attorney Yates

Mr. Yates is requesting a bond amount be established for the Berlin Farm Subdivision.

On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:

To accept and file correspondence.

Correspondence from City Engineer

On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:

To accept and file the correspondence from City Engineer Thomas Cullen regarding a bond amount for Berlin Farms and to recommend that the bond in the amount of $284,000.00 be posted to secure the release of lots.

Correspondence from Attorney Yates

Mr. Yates verbally asked if the Planning Board could release the lots for a foundation permit before the tri party agreement is signed. Mrs. Lizotte stated that the Building Department will not receive or review any foundation/building permit until written confirmation that the lots have been released from the Planning Board. In a compromise, the Planning Board stated that if a tri party agreement is received by Friday, February 15, 2008, Mrs. Lizotte will send the agreement to the City Solicitor for his review for the next meeting. This is a special circumstance due to the developer being delayed by the revising of the detention pond and that the developer has co-operated with all the requests of the conservation office.

On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:

To send tri party agreement to the City Solicitor for review once received by Attorney Yates.

O’Leary’s Landing (Joseph North Road)

Mr. Kerrigan declared to the board that he has a family member who lives on Joseph North Road. City Solicitor Rider said that there was no conflict with Mr. Kerrigan voting on any decision.

Upon request from the Planning Board, Mr. Cullen has reviewed the status of completion for O’Leary’s Landing. There are still some outstanding issues that include language on the as-built plans and legal descriptions that need to be corrected before the City Engineer can recommend approval.  

On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:

To accept and file all correspondence.

PENDING SUBDIVISION PLANS: Updates and Discussion

PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS

DEFINITIVE SUBDIVISION SUBMISSIONS

SCENIC ROADS

Scenic Road Hearing Request

Mr. Chris White, City of Marlborough Tree Warden, is requesting a public hearing on March 10, 2008 for the removal of several trees.

On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:

To schedule a public hearing on March 10, 2008 at 7:30.

SIGNS

OAR

The Organization for the Assabet River is requesting to the Planning Board if they can put up 4 signs this fall. OAR will supply the signs.

On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:

Accept and file the correspondence; send correspondence to the Organization asking them the potential sites of these signs and to send the correspondence to the Conservation Commission.


28 South Bolton Street

Mr. Cohen is seeking a variance from the Planning Board to place his 11 square foot sign where a previous sign once hung. According to the dimensions provided by Mr. Reid, the sign will only allow 4.5 square feet before the maximum is reached.  Mr. Reid stated that the message board that is currently being used is in non conformance to the sign ordinance; however it allowed to stay until other changes in the sign are proposed.

On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:

To table any motion until the next meeting as well as to give some time to Mr. Cohen to ask the landlord to remove the message board to allow square footage to his sign.





Christopher Heights

Christopher Heights is seeking relief from the Sign Ordinance to allow their banners to hang on their own light poles within their complex.  The banners are not allowed because they need to be attached to with the existing freestanding sign or flat against a wall of the building according to the sign ordinance.  Ms. Willette of Christopher Heights stated that the signs are a part of their opening “marketing” strategy and will be removed once the Heights opens.

On a motion by Mr. Coveney, seconded by Mr. Fay it was duly voted:

To allow the banners be placed on their light posts within their complex for 90 days.  

INFORMAL DISCUSSION

Limited Development Subdivision

Mr. Kerrigan and Mrs. Lizotte both confirmed after speaking with Mr. Rider that he should have something back to the board at its next regular schedule meeting on February 25, 2008.

Abutters Literature

At this time there is not further information.

Scenic Road (Framingham)

Ms. Fenby added this for the board to review.

COMMUNICATIONS/CORRESPONDENCE

On a motion by Mr. Kerrigan, seconded by Mr. Coveney, 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