PLANNING BOARD MINUTES
April 28, 2008
7:00 PM
The Planning Board for the City of Marlborough met on Monday, April 28, 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 April 28, 2008
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted
To accept and file the meeting minutes.
CHAIR’S BUSINESS
APPROVAL NOT REQUIRED PLAN
Forest Street/Martinangelo Drive
Special Olympics Approval
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 Special Olympics Massachusetts, Inc. c/o Robert Johnson, 450 Maple Street, Building One, Danvers, MA 01923. Name of Engineer: Vanasse Hangen Brustlin, Inc. c/o Christopher Lovett, P.E. of 11 Walnut Street, P.O. Box 9151, Watertown, MA 02471-9151. Deed of property recorded in South Middlesex Registry of Deeds book 48205, page 281. Location and description of property: Northeast section of Forest Street and Martinangelo Drive shown on Assessor’s Map 100 as Lot 19.
Stow Road
The ANR plan that was signed by the Planning Board on April 23, 2007 was never recorded within 6 months of signing. The plan was never modified, amended or rescinded nor had it changed. Attorney Gadbois is asking for the Planning Board to resign the plan.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To resign the ANR plan previously approved on April 23, 2007.
247 Maple Street
Peter Bemis of Engineering Design Consultants presented to the Board the ANR Plan for 247 Maple Street. He is creating 5 parcels so that the end result will be an 81X plan. Once approved Mr. Bemis will combine all parcels into lots to create the new 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 May 12, 2008.
PUBLIC HEARING
Pembroke Street
Definitive Plan
7:30 p.m.
The Planning Board of the City of Marlborough held a public hearing on Monday, April 28, 2008, at 7:30 p.m. in Memorial Hall, 3rd Floor, City Hall, 140 Main Street, Marlborough on the Definitive Plan of a subdivision entitled, “Pembroke Street”. Members present: Chairperson Barbara L. Fenby, Clerk Steven Kerrigan, Philip Hodge, Clyde Johnson, Robert Hanson and Sean Fay. Also present: City Engineer Thomas 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. She also stated that this is the definitive plan and the Board will refer this plan to the Engineering Department for a full review after the public hearing is closed.
Mr. Kerrigan read the public hearing notice into record.
PLANNING BOARD
PUBLIC HEARING NOTICE
Notice is hereby given that the Planning Board of the City of Marlborough will hold a public hearing on Monday, April 28, 2008 at 7:30 P.M., at Memorial Hall, City Hall, 140 Main Street, Marlborough, MA on the following Definitive Subdivision Plan “Pembroke Street” subdivision which proposal is herewith published in compliance with the requirements of the M.G.L. 41, §81T and is hereby set forth as follows:
NAME OF SUBDIVIDER: William P. Wyskoczka
26 Pembroke Street
Marlborough, MA 01752
NAME OF ENGINEER: Jarvis Land Survey, Inc.
26 Grafton Circle
Shrewsbury, MA 01545
LOCATION OF PROPERTY: Pembroke Street, three parcels shown on Assessors Map 18, Parcels 129, 130 and 131, combined containing a total of 16,865 sq ft.
Attorney Arthur Bergeron who represents the owner, William Wyskoczka, stated that Mr.
Wyskoczka owns all three parcels in the subdivision. The land is currently divided onto three lots
that were created prior to the Marlborough zoning ordinance. The new subdivision plan shows the reconfiguration of the lots into two with each lot having less then the required frontage of 100 feet and size of 12,500 square feet for his zone. This would require Mr. Wyskoczka to appeal to the Zoning Board of Appeals for relief from the zoning ordinance for lot frontage and size. Mr. Bergeron did state that his client will not record the subdivision plan if approved unless he is granted the variances he needs for lot frontage and minimum lot area.
As Mr. Bergeron has discussed in a previous meeting, his client requires a subdivision approval because the lots lines on his land are moving and the results will be two lots that do not meet the standards to qualify as an exception under the “subdivision” definition in Chapter 41 sec. 81. He stated that under the rules and regulations of Planning Boards, once a subdivision has been submitted it must be approved as long as it meets the requirements if the rules and regulations. Mr. Bergeron has reviewed the rules and regulations and cannot find any rule that requires that all lots in the subdivision have some minimum frontage on way.
The other waivers the developer is requesting:
· Section III (B) (1) and (2), to the extent that the filed plans do not comply with the normal, more detailed filing requirements.
· Section III (B) (7), which would require a performance bond, since no new ways or public utility easements are being proposed.
· Section IV, the various design standards, since no new ways or public utility easements are being proposed.
· Section V, the various required subdivision improvements, since no new ways or public utility easements are being proposed.
In Favor
William Wyskoczka
26 Pembroke Street
Mr. Wyskoczka is the owner of all lots. He likes the neighborhood and would like to build a new home. He stated that the new construction should not cause any issues with the neighbors.
Peter Chalmers
39 Pembroke Street
Mr. Chalmers stated that the proposed subdivision would be a great addition to the neighborhood.
Carl Stewart
43 Pembroke Street
Mr. Stewart stated that the proposed house is comparable to all of the other homes and is in support of the new house.
Brian McGongale
50 Upland Road
Mr. McGonagle is in favor of the project.
In Opposition
No one spoke in opposition.
In General
Ms. Fenby asked Mr. Bergeron if he was asking the Board to sign off on a non conforming lot. He stated that the lot was already non-conforming and that the approval would make the lot less non-conforming.
Mr. Fay asked if the lots were actually parcels because they do not meet the requirements to be actual lots and what would happen if his client does not get ZBA approval. Mr. Bergeron stated that they should be called parcels and if his client does not get approval from the ZBA then the subdivision would not be recorded.
Public Hearing closed at 7:40 p.m.
On a motion by Mr. Kerrigan, seconded Mr. Johnson it was duly voted:
To refer to the Engineering Department for their review.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Cullen gave the Planning Board a new subdivision update. He stated that the Country Club Estates Subdivisions developers will be retaining a bond to replace the existing subdivision bond prior to release existing bond once the roadways and municipal easements have been accepted.
Acre Bridge Estates
Mr. Garafalo, of SMC Realty Trust, is asking the Planning Board to extend his covenant date to December 31, 2009. His last extension of his covenant was until November 15, 2007.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To ask Mr. Garafalo to appear before the board at the May 12, 2008 meeting; put the City Solicitor on notice that Mr. Garafalos’ Subdivision has lapsed and will need a new covenant; ask Mr. Cullen to provide a written report on the subdivision status.
Gristmill III
Mr. Cullen is seeking the amount of bond monies that is left to complete the subdivision and roadways. Mrs. Lizotte did check with the Comptrollers office and is still waiting for an answer.
On a motion made Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To accept and file correspondence.
The Residences of Oak Crest
The City Solicitor prepared an Amended Covenant for The Residences of Oak Crest that includes an Anti-Blight clause. He has recommended that the Planning Board approves and signs the new covenant with a two year approval from signing date (April 28, 2010).
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To accept and sign the new Amended Covenant for The Residences of Oak Crest.
PENDING SUBDIVISION PLANS: Updates and Discussion
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
Past Scenic Roads
On the meeting of April 7, The Planning Board asked for a report of all scenic roads that was approved or denied for the past two years. Mrs. Lizotte provided the report to the Board. The Board will review the report and discuss at the next meeting.
On a motion by Mr. Kerrigan, seconded by Mr. Hodge it was duly voted:
To accept and file correspondence.
SIGNS
River Sign Project
The Conservation Commission has reviewed the request of the “Assabet River” Stream Sign Project. The Commission is supporting this effort to educate the public on the Assabet River.
On a motion by Kerrigan, seconded by Mr. Hanson it was duly voted:
To accept and file correspondence.
INFORMAL DISCUSSION
Abutters Literature
At this time there is not further information.
Subdivision Status Report
Mrs. Lizotte is working on an update subdivision status report and should have the final report by the next meeting.
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 8:00 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
| 
