PLANNING BOARD MINUTES
March 10, 2008
7:00 PM
The Planning Board for the City of Marlborough met on Monday, March 10, 2008 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Chairperson, Steve Kerrigan, Clerk, Phil Hodge, Clyde Johnson, Edward Coveney and Sean Fay. Also present: City Engineer Thomas Cullen.
MINUTES
Meeting Minutes February 11, 2008
On a motion by Mr. Kerrigan, seconded by Mr. Fay with Mr. Hodge abstaining; it was duly voted:
To accept and file the meeting minutes.
Meeting Minutes February 25, 2008
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To accept and file the meeting minutes.
CHAIR’S BUSINESS
APPROVAL NOT REQUIRED PLAN
181 Mill Street South
Martin Loiselle of FJW, LLC submitted an ANR plan for the Board to consider. This ANR plan will allow FJW to create a roadway to their property off of Mill Street South.
On a motion by Mr. Hodge, seconded by Mr. Kerrigan 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, March 24, 2008.
PUBLIC HEARING
Scenic Roads 7:30 PM
The Planning Board of the City of Marlborough held a public hearing on Monday, March 10, 2008 at 7:50 p.m. for the removal of several trees requested by the City of Marlborough’s Tree Warden, Chris White. Members present: Chairperson Barbara L. Fenby, Clerk Steve Kerrigan, Phil Hodge, Edward Coveney, Clyde Johnson and Sean Fay. Also present: City Engineer Tom Cullen.
The Chair introduced all of the members of the board including 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.
Clerk Kerrigan read the advertisement into record:
PLANNING BOARD
PUBLIC HEARING NOTICE
Notice is hereby given that the Tree Warden and the Planning Board of the City of Marlborough will hold a joint public hearing on Monday, March 10, 2008 at 7:30 P.M., at Memorial Hall, City Hall, 140 Main Street, Marlborough, MA in accordance with the requirements of the Code of the City of Marlborough, “Scenic Roads Act”, and MGL Chapter 40, section 15C and Chapter 87, Sec 3,4,5 of the General Laws in respect of removal of several trees located within the limits of the public way located at: 303 West Hill Road; 356-438 Robin Hill Street; 650 Berlin Road; Opposite 322 Pleasant Street; Opposite Pole 114 Elm Street.
Mr. White presented to the Board the pictures he provided and explained that all the trees selected are decayed and need to be removed for the public’s safety.
In Favor
Mr. Richard MacEwen
303 West Hill Road
Mr. MacEwen stated that the tree located on his property has dying for years and would like the City to remove the tree before it becomes a public safety issue.
Michael McHugh
Hillside School
356-438 Robin Hill Street
Mr. McHugh would like to see the tree come down.
In Opposition
James McNichol
563 Berlin Road
Mr. McNichol is opposed to taking down the trees located on Berlin Road, Pleasant Street and Elm Street. He stated that these trees are still in “good condition” and that they should remain. He also stated that these are the last few remaining original trees in Marlborough.
Mr. White stated that according to MGL. Ch. 87, Sec. 4; the City of Marlborough would not be allowed to remove these trees without the written consent of the Mayor of the City as mentioned in Chapter 876, Sec. 5.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To GRANT the request of removal for the trees located at 303 Berlin Road and 356-438 Robin Hill Road. To table the request for removal of the trees at 650 Berlin Road, Opposite 322 Pleasant Street and 114 Elm Street until the board has seen the condition of the trees and written consent of removal from the Mayor according to Chapter 87, section 5 of the M.G.L.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Cullen stated that he has reviewed the information on Acre Ridge Estates and has a recommendation. He also stated that site work has begun at Berlin Farms with the utilities. Forest Trail As-Builts are being reviewed by his office.
Acre Bridge Estates (Blake Circle)
Bond Reduction
Mr. Cullen has reviewed the subdivision and is recommending to the Board to reduce the bond from $85,000.00 to $68,000.00.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file the correspondence from City Engineer Thomas Cullen regarding the status of this subdivision and to approve reducing the bond securing the subdivision from $85,000.00 to $68,000.00.
Berlin Farms (Long Drive)
Lot Release
Mrs. Lizotte sent correspondence to the Board informing them that the Tri-Partite Agreement for Berlin Farms has been recorded at the registry of deeds and the lots 1-4 can be released.
On a motion made by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence; to allow Ms. Fenby to sign as agent on the certificate of performance.
Forest Trail (Mosher Lane)
Correspondence from City Solicitor
In response to a request made at the last meeting of the Planning Board, the City Solicitor, Don Rider advised that discrepancies in the plan citation contained in the covenant relating to the Forest Trail subdivision might make the deadline for completion of the subdivision set forth therein ineffective.~ Avidia, which has become the developer of Forest Trail and the Board agree that the subdivision was not completed in a timely manner.~ Mr. Rider has proposed an agreement between the Planning Board and Avidia under which Avidia would retain ownership of the subdivision until completion, pay all taxes in full, maintain the subdivision until full completion, and agree to abide by the anti-blight ordinance. ~
The board questioned whether the covenant discrepancies could cloud the titles of lots within the subdivision, and whether the subdivision should be re-submitted for approval as apparently required by the original covenant.
Mrs. Lizotte informed the board that Lot 1 was permitted, with a house under construction and the Building Department is reviewing building permit applications for lots 11, 15 and 16.~
Dr. Fenby poled the board on how they would like to proceed.~ Mr. Fay asked Avidia’s attorney Burger if he thought he could get obtain title insurance for the lots.~ Mr. Kerrigan agreed that Avidia is not in the development business and a new “mini” covenant might be the better option.~ Mr. Hodge preferred re-approving the subdivision as a minor amendment in order to clear up the multiple inconsistencies in documentation and approval.~ Mr. Johnson concurred.~ Mr. Coveney favored completion of the subdivision “the sooner the better.”
With questions remaining and no agreement yet in place with Avidia, the Board agreed to table the matter until the next meeting.
On a motion made by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To table this matter until the next meeting on Monday, March 24, 2008.
PENDING SUBDIVISION PLANS: Updates and Discussion
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
Pembroke Street
The submittal of the definitive subdivision called “Pembroke Street” was submitted. A public hearing request has been made for Monday, April 28 at 7:30 PM.
SCENIC ROADS
SIGNS
OAR, Assabet River Signs
The Organization for the Assabet River identified the two locations they would like to post signs for the Assabet River. Both signs would be located on Donald J. Lynch Boulevard.
On a motion by Mr. Johnson, seconded by Mr. Coveney it was duly voted:
To send correspondence to OAR asking them to submit a sign permit for review from the building department and to forward the locations to the Conservation Commission for their approval.
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.
Mr. Hodge stated that this was the original intent of the language for the ordinance.
On a motion by Mr. Hodge, seconded by Mr. Coveney it was duly voted:
To accept the language change and to send the change in literature to the City Council for their approval.
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 8:45 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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