PLANNING BOARD MINUTES
May 12, 2008
7:00 PM
The Planning Board for the City of Marlborough met on Monday, May 12, 2008 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Chairperson, Steve Kerrigan, Clerk, Phil Hodge, Edward Coveney, Clyde Johnson, Robert Hanson and Sean Fay. Also present: Assistant City Engineer Richard Baldelli.
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
247 Maple Street
Mr. Tim Collins from the City Engineers office recommended to the Planning Board to approve the ANR for 247 Maple Street.
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 Dennis P. & Carolyn M. Kennedy, 247 Maple Street, Marlborough, MA 01752. Name of Engineer: Engineering Design Consultants, Inc. 32 Turnpike Road, Southborough, MA 01772. Deed of property recorded in South Middlesex Registry of Deeds book 11816, page 107; book 20411, page 449 and book 14258, page 181. Location and description of property: To create 5 separate parcels for a recombination for an 81X plan. Also known as assessors Map 82, Parcel 144
Hayes Memorial (First Student)
Tom Cullen has made the recommendation to the Planning Board to approve the ANR Plan for Hayes Memorial Drive.
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 First Student Inc., 406 Central Ave Suite 300, Cincinnati, OH 45202. Name of Engineer: Tetra Tech Rizzo. One Grant Street, Framingham, MA 01701. Deed of property recorded in South Middlesex Registry of Deeds book 31932, page 445 & Land Court Certificate No. 219699. Location and description of property: Southerly side of Hayes Memorial Drive, Marlborough/Northborough also known as Assessor’s Map 99 Parcel 1.
PUBLIC HEARING
Limited Development Subdivision
Proposed Amendment
7:15 PM
There was an error on the advertisement.
On a motion made by Mr. Hanson, seconded by Mr. Johnson it was duly voted:
To reschedule the Public Hearing to June 9, 2008 at 7:15 PM.
New Car Dealership Overlay District
7:30 PM
The Planning Board of the City of Marlborough held a public hearing on Monday, May 12, 2008, at 7:30 p.m. in Memorial Hall, 3rd Floor, City Hall, 140 Main Street, Marlborough on the New Car Dealership Overlay District. Members present: Chairperson Barbara L. Fenby, Clerk Steven Kerrigan, Philip Hodge, Edward Coveney, Robert Hanson, Clyde Johnson and Sean Fay. Also present: Assistant City Engineer Richard Baldelli.
The Chair introduced all of the members of the board including the Assistant 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.
Mr. Kerrigan read the public hearing notice into record.
CITY OF MARLBOROUGH
PLANNING BOARD
MARLBOROUGH, MASSACHUSETTS 01752
LEGAL NOTICE
Public Hearing – Proposed New Car Dealership Overlay District in the Marlborough Zoning Ordinance
Applicant: 890 Boston Post Rd. LLC
Locus: Map 62 Parcels 1 & 24
Notice is given that the Planning Board of the City of Marlborough will hold a PUBLIC HEARING ON Monday, May 12, 2008 at 7:30 p.m. in Memorial Hall, 3rd floor City Hall, 140 Main Street, Marlborough, Massachusetts on the application of 890 Boston Post Rd. LLC, for a Proposed New Car Dealership Overlay District in the Marlborough Zoning Ordinance as follows:
That Chapter 200 of the Code of the City of Marlborough, being the zoning ordinance, as most recently amended, be further amended as follows:
1) By adding to Section 200-05. Definitions, the following definition:
"NEW CAR DEALERSHIP: A business engaged in the sale of new passenger motor vehicles as a recognized agent of a motor vehicle manufacturer or as one whose authority to sell new passenger motor vehicles is created by a written contract with such manufacturer, together with related service and used vehicle sales, operating pursuant to a Class I license granted by the Marlborough License Commission pursuant to Massachusetts General Laws Chapter 140 sec. 58"
2) By adding the following new section 200-31 to Chapter 200
200-31 New Car Dealership Overlay District
A. Purpose. The purpose of the New Car Dealership Overlay District (NCDOD) shall be to advance the public health, safety and welfare by allowing for the development and operation of a New Car Dealership in areas of the Marlborough Business Districts where it is found that such a use would not conflict with other existing or proposed uses is the Business Districts or in other districts in close proximity to a New Car Dealership.
B. Location. A New Car Dealership Overlay District may only be created regarding land that, at the time of its creation, is located in a Business District. For the purposes of this section, a New Car Dealership Overlay District shall be superimposed on the other District existing at the time that any land in said underlying District is also included in the New Car Dealership Overlay District. The subsequent rezoning of any or all of the land included in the New Care Dealership Overlay District from the Business District to another District shall not affect its inclusion in the New Car Dealership Overlay District, unless said land is specifically removed from said New Car Dealership Overlay District.
C. Permitted Uses. All permitted uses must comply with the appropriate provisions of Article V and Article VII, except as otherwise specified herein. In addition to those uses that are allowed, either as of right or by Special Permit, in the underlying Business District, regarding land in a New Car Dealership Overlay District the City Council may, by Special Permit in accordance with the provisions of Section 200-59, permit a New Car Dealership as defined in Section 200-05, subject to such terms and conditions as the said City Council deems appropriate, and subject in addition to the following provisions:
(1) Each lot or group of contiguous lots upon which a New Car Dealership is located shall have total frontage on an existing public way of not less than 330 feet, and shall have a total size of not less than six (6) acres.
(2) All newly constructed buildings or additions at the site shall be constructed so as to maximize their adaptive reuse for other uses that are otherwise allowable in a Business District."
3) by including in a New Car Overlay District the land shown on the Marlborough Assessors Maps as Map 61 Parcels 17, 17A, 20 and 21 and Map 62 Parcels 1,2, 2A, 2B, 20, 21,22,23, and 24.
The application materials are available for viewing in the Office of the City Clerk, City Hall, 140 Main St., Marlborough, MA 01752.
Per Order of the City Council
#08-1001833
Arthur Bergeron stated he is representing the owner, Jeff Bata, who is the current owner of Marlboro Nissan. They are looking to move the current Nissan dealership to 890 Boston Post Road East. At the present time there is 6 acres of land with at least 330 feet of frontage along Boston Post Road East. He has proposed a new definition to the zoning ordinance for a new car dealership and adding a new section which states the criteria a proponent must meet. The definition defines a new car dealership as “ a business engaged in the sale of new passenger motor vehicles as a recognized agent…operating pursuant to a Class I license granted by the Marlborough License Commission pursuant to Massachusetts General Laws Chapter 140 sec 58”.
The proposed section includes guidelines that the location must be in a business district, having at least 330 feet of frontage and a total lot size not less then 6 acres. Mr. Bergeron stated that with the proposed criteria there would be only one other site in the City besides the location at 890 Boston Post Road East.
In Favor
Mr. Gunther Zisler
Owner of Post Road Carpet
Mr. Zisler who has had his business for the past 40 years believes this site is great location and it would be a win-win situation for everyone involved. Mr. Zisler also provided pictures to the board of the current conditions. He stated he would prefer the renovation building with the addition then looking at the big poles with the netting.
Mr. Jeff Batta
Owner of Marlboro Nissan
Mr. Batta stated that he has owned this current dealership for the past several years and given the location he strives to be the best Nissan dealership in all of New England. He is looking to move his New Car Sales to 890 Boston Post Road East and keep the used car sales at the previous location.
In Opposition:
No one spoke in opposition.
In General:
Mr. Kerrigan asked Mr. Bergeron about incorporating all the parcels. Mr. Bergeron explained that if you look at the map, all parcels are in the Business zone. Mr. Kerrigan also asked that if all sites along 495 wish to become a part of this new district; what would prevent them? Mr. Bergeron stated that with the new overly they would have to meet the criteria of the 6 acres lot plus having at least of 330 feet of frontage.
Mr. Fay asked what the significance was for the 330 feet for frontage? Mr. Bergeron stated that if there was 300 feet of frontage then there could possibly be 3 or 4 more dealerships in the City. With the 330 feet of frontage there could be possibly be one other site.
Mr. Hodge asked the Zoning Officer, Stephen Reid, what would happen if the dealership lost their Class I license. Mr. Reid stated that he the license commission would make a determination and the use of a new car dealership would not be allowed unless it has the “right of use” or possibly a different car franchise.
The Public Hearing closed at 8:12 p.m.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
There was no new update from the City Engineer.
Acre Bridge Estates
Correspondence from City Engineer
Mr. Cullen sent a status report on Acre Bridge Estates. He stated that the major outstanding issues are:
§ Developer still needs to provide an update construction schedule
§ Placement of sidewalk binder and top course of bituminous concrete and blending of subdivision’s driveways
§ Complete all landscape requirements
§ Placement of “top coat” bituminous concrete
§ Miscellaneous Cleanup
§ Submission of as-builts plans
§ Submission of an appropriate set of acceptance plans
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence.
Steven Garafalo
At the last Planning Board meeting it was asked for Mr. Garafalo to appear at tonight’s meeting. Mr. Garafalo did state that his subdivision was past the extension date and his attorney is drafting an amended covenant for the next meeting.
Berlin Farms
Bond Reduction
Mr. Charles Freeman, the developer, is asking for a bond reduction for his subdivision. Ms. Fenby noted that the request was not in compliance and that a subdivision checklist should be submitted with the request.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence and to refer the request to the City Engineer.
Eager Court
Confirmatory Certificate of Performance
Attorney Hastings is asking the Planning Board to sign a Confirmatory Certificate of Performance since the original certificate of Performance that was signed by the Planning Board in April of 2005 was never recorded at the Registry of Deeds. Mr. Fay noted that the word Guarantee was spelled wrong.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence; to allow Ms. Fenby to endorse the Confirmatory Certificate of Performance.
Mauro Farm
Request for Phasing
Capital Group Properties is asking to phase the building process of their Mauro Farm subdivision. This request will allow that there will be a temporary cul de sac for phase 1A with only 5 to 7 homes being built. Phase 1B will include the construction of Spenser Circle with the development of lots 15 through 19 and Phase 1C would complete the subdivision. Mr. Loiselle stated that the normal two to two and a half years project could take several more years depending on the housing market.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To refer the request to the City Engineer for his review and to report back to the Planning Board at their next scheduled meeting.
Orchard Estates III
Correspondence from City Engineer
Mr. Cullen sent correspondence and pictures to the Planning Board regarding the sinkhole still at 19 Miele Road. Mr. Baldelli stated that he knows Mr. Cullen has had several meetings onsite with the homeowners and the developers.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To accept and file correspondence, to ask Mr. Cullen to report back to the board on what action he would like to peruse as well as bond monies left to complete the work necessary.
O’Leary’s Landing
Street Acceptance
Mr. Cullen sent correspondence for the O’Leary’s Landing Subdivision and the status of acceptance.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To refer the correspondence to the Engineering Department.
PENDING SUBDIVISION PLANS: Updates and Discussion
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
Past Scenic Roads
The Board discussed what action it should take at one residence. This residence was denied a variance for their removal of stone wall back in September of 2006.
On a motion made by Mr. Hanson, seconded by Mr. Coveney it was duly voted:
To ask Ms. Wilderman a status of the wall and to ask the City Engineer to determine if the stone wall was on the City’s property.
SIGNS
INFORMAL DISCUSSION
Abutters Literature
Mr. Rider sent down his change in language for the abutter list.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence; to place the abutter list with the revisions on the City’s website.
Subdivision Status Report
Mrs. Lizotte has completed the report. A few suggestions have been made; she will incorporate those changes for 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 8:53 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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