PLANNING BOARD MINUTES
April 7, 2008
7:00 PM
The Planning Board for the City of Marlborough met on Monday, April 7, 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, Robert Hanson and Sean Fay. Also present: City Engineer Thomas Cullen.
MINUTES
Meeting Minutes March 24, 2008
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file the meeting minutes with the minor changes.
CHAIR’S BUSINESS
City Council Correspondence
Public Hearing Request for LDS
The City Council is holding a public hearing to amend the zoning ordinance for “Limited Development Subdivisions” on May 12 at 8pm. The Planning Board will need to hold their own public hearing for the zoning amendment.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence; to schedule a public hearing for May 12 at 7:15 pm.
New Car Dealership Overlay District
The City Council will be holding a public hearing to adopt a proposed “New Car Dealership Overlay District”. The Planning Board will need to hold their own public hearing for the proposed overlay district.
On a motion by Mr. Kerrigan, seconded by Mr. Hodge it was duly voted:
To accept and file correspondence; to schedule a public hearing for May 12 at 7:30 pm.
APPROVAL NOT REQUIRED PLAN
Boston Post Road East/Dicenzo Blvd
Correspondence from Tim Collins
Mr. Collins sent to the developer comments he would like to see before the Engineering department could recommend approval.
On a motion by Mr. Kerrigan, seconded by Johnson it was duly voted:
To accept and file correspondence.
Approval of ANR Plan
Mr. Cullen sent correspondence to the Planning Board recommending his approval for the ANR plan for Lot 1F & Lot 1G, Indian Development Corp.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Indian Development Corporation, 120 Quarry Drive, Second Floor, Milford, MA 01757. Name of Engineer: Guerriere & Hanlon, Inc. 333 West Street, P.O. Box 235, Milford, MA 01757. Deed of property recorded in South Middlesex Registry of Deeds book 20403, page 600. Location and description of property: Two (2) lots and two (2) parcels on the southerly side of Boston Post Road and the westerly side of Dicenzo Boulevard being #639 and #661 Boston Post Road East.
Forest Street/Martinangelo Drive
Special Olympics Submittal
Colleen Collins from VHB submitted the ANR Plan for the new Special Olympics administrative building that will be located on Forest Street. They are proposing to take about 5 acres out of the 29 acres currently available.
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, April 28, 2008.
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
City Engineer Duplicate Mylars
Mr. Cullen sent to the Board a request for duplicate mylars for the ANR endorsements. He stated that the copies that are being made the ink off the mylars are smudging and not making a true copy. He suggested to the Board to have the developers make two mylars and the Planning Board can endorse both copies. Mr. Hodge asked how we will know which copy is the copy to be kept by the Engineering Department. It was suggested to have the Planning Board member print their signature and write underneath copy.
On a motion by Mr. Johnson, seconded by Mr. Kerrigan it was duly voted:
To accept and file correspondence.
Update from City Engineer
Mr. Cullen stated that they are working on the As-builts for O’Leary’s Landing. They are awaiting further information and the weather to complete the Fiddlehead subdivision.
Forest Trail
City Engineer
Mr. Cullen confirmed the bond amount for Forest Trail stands at $112,000.00. Mr. Kerrigan asked Mr. Cullen if that was sufficient enough to complete the subdivision in case the developer does not complete. Mr. Cullen stated that the amount was sufficient enough.
City Solicitor
Mr. Rider presented to the Board the proposed agreement “mini covenant’, the confirmatory certificate of performance or guarantee and the scrivener’s affidavit. The “mini covenant” states that Avidia will be fully responsible for completion of all outstanding issues as per terms of the agreement.
The confirmatory certificate of performance or guarantee is stating that with the Scrivener’s Affidavit signed by Pamela Wilderman, Board secretary on November 18, 2002, confirms that Board voted to release all lots(Lots 1 through 16, including Parcel 15A and 16A) on November 18,2002; and that her handwritten language on the Certificate of Performance or Guarantee, stating “Lots 1 through 10 inclusive” were being released, was incorrect and should have stated that Lots 1 through 16, including Parcel 15A and 16A, were being released.
Mr. Dan Burger, attorney for Avidia Bank stated that his client was willing to sign the agreement once the Planning Board approved the agreement. He also mentioned that the agreement, confirmatory certificate and the scrivener’s affidavit will all be recorded by Avidia Bank at the Registry of Deeds.
On a motion by Mr. Fay, seconded by Mr. Kerrigan it was duly voted:
To accept and allow Dr. Fenby to endorse the confirmatory certificate of performance or guarantee.
On a motion by Mr. Fay, seconded by Mr. Kerrigan it was duly voted:
To accept and endorse the agreement with Avidia Bank.
O’Leary’s Landing
Bond Reduction
Mr. Bumpus is requesting the Board to reduce the guarantee bond. He has accommodated the requests of the Engineering Department with the remaining items of his punchlist.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence; refer request to the City Engineer for his review.
City Engineer Correspondence
Mr. Cullen sent correspondence to the Planning Board regarding the legal descriptions that need to be changed.
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To accept and file correspondence.
The Residences of Oak Crest
Subdivision Extension
Mr. Breslouf, the developer, for the subdivision is requesting an extension for the development. According to his covenant the “construction of all was and the installation of all municipal services…within a period of two years form the date of approval of the “Plan”…failure to complete to do so complete or obtain an extension shall automatically rescind approval of the “Plan” as to lots not yet released”. With the approval of plan being February 27, 2006 the two year date would have been February 27, 2008 and all lots were released by the Panning Board on December 7, 2007. This would mean that all lots have been released prior to the covenant expiration.
The City Solicitor suggested on a new covenant to be prepared to include the anti-blight ordinance. Mr. Breslouf agreed to a new covenant.
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To accept and file correspondence, to ask the City Solicitor to revise the current covenant to include the anti-blight ordinance.
Correspondence by the City Engineer
Mr. Cullen stated that several items need to be completed including an updated completion schedule for the subdivision.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence.
PENDING SUBDIVISION PLANS: Updates and Discussion
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
Past Scenic Roads
At the last meeting it was discussed that the Planning Board was not legally bound to hold any public hearing on a scenic road without any road maintenance to be performed. With this ruling by the City Solicitor it was questioned weather to contact the proponents who have appeared in front of the board for scenic roads. The statute of limitations is two years for any recourse.
The Board has asked for Mrs. Lizotte to research the past scenic roads within the last two year time period and report back to the Board.
SIGNS
INFORMAL DISCUSSION
Abutters Literature
At this time there is not further information.
Subdivision Status Report
Mrs. Lizotte is working on a update subdivision status report and had the preliminary report to show the Board.
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 8:45 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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