PLANNING BOARD MINUTES
February 25, 2008
7:00 PM
The Planning Board for the City of Marlborough met on Monday, February 25, 2008 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Chairperson, Steve Kerrigan, Clerk, Phil Hodge, Clyde Johnson, Robert Hanson and Sean Fay. Also present: City Engineer Thomas Cullen.
MINUTES
Meeting Minutes February 11, 2008
The minutes were not available for this meeting.
On a motion by Mr. Johnson, seconded by Mr. Kerrigan it was duly voted:
To table the minutes to the next regular scheduled meeting.
CHAIR’S BUSINESS
Correspondence from Senator John F. Kerry
Senator Kerry wanted to bring the board’s attention to the relocation of the ARC of Marlborough.
On a motion made by Mr. Kerrigan, seconded by Mr. Hodge it was duly voted:
To accept and file correspondence.
APPROVAL NOT REQUIRED PLAN
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Cullen stated that there was no majority activity to report.
Acre Bridge Estates (Blake Circle)
Stephen Garofalo, the developer, is asking for a bond reduction for his subdivision.
On a motion made by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence; to refer the request to the City Engineer for his recommendation at our next regular scheduled meeting.
On a motion made by Mr. Hodge, seconded by Mr. Johnson it was duly voted:
To defer all actions until the weather is more favorable to review the current conditions.
Berlin Farms (Long Drive)
Correspondence from Attorney Yates
Mr. Yates is asking that the Board place the tri-partite agreement on the agenda for tonight’s meeting.
Correspondence from City Solicitor Rider
Mr. Rider has reviewed the tri-partite agreement and recommends to the Planning Board to sign the agreement. Mr. Fay did question the Trustee’s Certificate and if one has been provided to the Planning Board. Mr. Yates did state that one will be provided to the board. There was also question from Mr. Kerrigan on the signing of the agreement since the Planning Board would be signing before the trustee and the financial institution. It was agreed by all parties for the Board Secretary to hold all documents until signed by the trustee and the financial institution.
On a motion made by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To accept and endorse the tri-partite agreement for Berlin Farms.
Davis Estates (Bouvin Drive)
Request for Subdivision Extension
Aldo Cipriano, attorney for the developer, is asking for an extension of the subdivision. They are basing their extension request on the delays in the historical findings and the relative delays of the wetland protection.
On a motion made by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To grant an extension of the subdivision to March 14, 2009.
Request for Bond Establishment
Aldo Cipriano, attorney for the developer, is asking the Planning Board to establish a bond amount for road completion.
On a motion made by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To refer the request to the City Engineer and have him report back to the planning board at its next regular schedule meeting.
Forest Trail (Mosher Lane)
Daniel Burger, Attorney for Avidia Bank, is asking for an extension on the subdivision. The previous extension has lapsed since September 2007. They are seeking a year extension to complete the roadways. The Board is hesitant to grant an extension since the lapse has already passed. The City Solicitor posed the question if the lapse on the previous extension has passed, does the board have the right to grant another extension or if the developers need to have a subdivision approval. If another subdivision approval is needed the board questioned if all approvals of the covenant would have to be changed as well and adding language to the covenant for the blight ordinance since this development has previous blight issues.
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To table any decision on an extension, to ask the legal department if an extension can be granted after the lapse of a previous extension and ask the City Engineer to report back to the board the condition of the subdivision.
PENDING SUBDIVISION PLANS: Updates and Discussion
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
SIGNS
419-435 Lakeside Ave
Attorney Bergeron along with his client brought a new variance before the board asking them to consider a secondary sign on Landry Drive repeating the language on the freestanding sign on Lakeside Ave. The proposed sign would have 6 panels instead of 4 panels and be 20.88 square foot. According to the City’s Sign Ordinance the current proposed sign cannot be approved since the two signs cannot repeat any similar language.
On a motion by Mr. Hodge, seconded by Mr. Johnson and Mr. Kerrigan, opposed by Ms. Fenby, Mr. Hanson and Mr. Fay:
To grant a variance to allow the second sign on Landry Drive in access of 20.88 square feet, allow the 6 panels for advertising and repeat the language of the sign on Lakeside Ave.
With three members approving the motion and with three members opposing the motion, the motion was defeated.
Mr. Bergeron and his client withdrew the variance without prejudice and stated they will erect the Lakeside Plaza sign that was the first sign approved.
INFORMAL DISCUSSION
Limited Development Subdivision
City Solicitor Rider has reviewed the language change to the ordinance. He submitted the following change:
ORDERED:
PURSUANT TO § 5 OF CHAPTER 40A OF THE GENERAL LAWS, THE CITY COUNCIL OF THE CITY OF MARLBOROUGH, HAVING RECEIVED A SUBMISSION FROM THE PLANNING BOARD OF THE CITY OF MARLBOROUGH TO AMEND THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, BY FURTHER AMENDING CHAPTER 200, ARTICLE VI, SECTION 200-30, ENTITLED “LIMITED DEVELOPMENT SUBDIVISIONS,” NOW ORDAINS THAT THE ZONING ORDINANCE OF THE CITY OF MARLBOROUGH, AS AMENDED, BE FURTHER AMENDED BY ADDING THERETO, AS FOLLOWS:
1. The introductory preamble to § 200-30 is hereby deleted in its entirety and replaced with the following:
A parcel located in a residence district with frontage on a public way may be subdivided, subject to a special permit from the Planning Board, into Limited Development Subdivision lots for the use only as single-family dwellings under the alternative lot area, frontage and dimensional criteria set forth below; provided, however, that the special permit applicant must clearly demonstrate to the Board that the parcel which is the subject of the special permit application could be subdivided by right under conventional subdivision requirements, as set forth in the applicable ordinances of the City of Marlborough, the Subdivision Control Law and the Board’s Rules and Regulations, into at least two and one-half times as many building lots as the number of building lots proposed in the special permit
application.
2. The caption of Section 200-30A is hereby amended by deleting the word, “Dimensional.”
3. Section 200-30A(8) is hereby deleted in its entirety and replaced with the following:
(8) The applicant for a special permit hereunder shall file with the Planning Board a preliminary plan that must clearly demonstrate to the Board that the parcel which is the subject of the special permit application is capable, as of right, of conventional subdivision, pursuant to the applicable ordinances of the City of Marlborough, the Subdivision Control Law and the Board’s Rules and Regulations, into at least two and one-half building lots for each building lot proposed under the Limited Development Subdivision criteria.
On a motion by Mr. Kerrigan, seconded by Mr. Hodge it was duly voted:
To table any motion until the board has reviewed the change in the language.
Abutters Literature
At this time there is not further information.
COMMUNICATIONS/CORRESPONDENCE
On a motion by Mr. Kerrigan, seconded by Mr. Hodge, 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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