PLANNING BOARD MINUTES
June 9, 2008
7:00 PM
The Planning Board for the City of Marlborough met on Monday, June 9, 2008 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Chairperson, Steve Kerrigan, Clerk, Phil Hodge, Edward Coveney, Robert Hanson and Sean Fay. Also present: City Engineer Thomas Cullen.
MINUTES
Meeting Minutes May 12, 2008
On a motion by Mr. Kerrigan, seconded by Mr. Hodge it was duly voted
To accept and file the meeting minutes.
CHAIR’S BUSINESS
MAPC Route 85 (North) Corridor Study
Department of Public Works Commissioner, Ronald LaFreniere, sent correspondence to the Planning Board regarding the study by the Metropolitan Area Planning Council for the land use corridor of Route 85 between Main Street, Marlborough and Main Street, Hudson. The first step of the MAPC was to review the City’s zoning ordnance and site plan approval process. Mr. LaFreniere would like the members to review the document and if they have comments to pass them along.
APPROVAL NOT REQUIRED PLAN
PUBLIC HEARING
Limited Development Subdivision
Proposed Amendment
7:15 PM
The Planning Board of the City of Marlborough held a public hearing on Monday, June 9, 2008, at 7:15 p.m. in Memorial Hall, 3rd Floor, City Hall, 140 Main Street, Marlborough on the Limited Development Subdivision Proposed Amendment. Members present: Chairperson Barbara L. Fenby, Clerk Steven Kerrigan, Philip Hodge, Edward Coveney, 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.
Mr. Kerrigan read the public hearing notice into record.
LEGAL NOTICE
Notice is hereby given that the Planning Board of the City of Marlborough will hold a PUBLIC HEARING on Monday, June 9, 2008 at 7:15 PM in Memorial Hall, 3rd floor, City Hall, 140 Main Street, Marlborough Massachusetts for Proposed Amendments to Limited Development Subdivisions Ordinance.
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.
The proposed amendment materials are available for review in the Office of the City Clerk, City Hall, 140 Main St., Main Floor, Marlborough, MA 01752
Mr. Hodge stated that the language is what the ordinance intended.
Mr. Fay asked if the clarification in the ordinance was clear enough to make the ordinance complete. Mr. Hodge stated that this was the original intent for the 2 ½ times building lot for each building lot proposed not how it currently states in the ordinance.
The Public Hearing closed at 7:20 pm.
On a motion by Mr. Hodge, seconded by Mr. Kerrigan it was duly voted:
To recommend acceptance of the Limited Development Subdivision amendment to the City Council.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Cullen provided an subdivision update that included several action items.
· Waters Edge Subdivision: As-builts and acceptance plans, waiting on revised plans.
· O’Leary’s Landing: Need Mylars before recommendation for subdivision acceptance.
· Forest Grove: Still need latest plans and legal descriptions.
· Commonwealth Heights: Working on trenches for Glen St. and Conrad Road.
Acre Bridge Estates
Amended Covenant
Mr. Garofalo submitted an amended covenant.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To accept and file correspondence; refer the amended covenant to the City Solicitor and the City Engineer for their review.
Berlin Farms
Engineering Correspondence
Dick Baldelli, Assistant City Engineer has reviewed the bond reduction request and is recommending the bond be reduced from $284,000.00 to $147,000.00.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence; to reduce to the bond from $284,000.00 to $147,000.00.
Davis Estates
Bond Modification
With an adjustment of the number of additional street lights needed for the subdivision, Dick Baldelli is recommending to reduce the bond from $367,000.00 to $328,000.00.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence; reduce the bond from $367,000.00 to $328,000.00.
Tri-Partite Agreement
Mr. Aldo Cipriano, Attorney for the developer, provided to the Planning Board two versions of a Tri-Partite Agreement. The first version with the impending bond reduction amount of $328,000.00 and a blank version. The Board reduced the bond amount to $328,000.00 earlier in the evening.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file the Tri-Partite agreement; to refer the agreement for a full review to the City Solicitor and the City Engineer for their approval.
PENDING SUBDIVISION PLANS: Updates and Discussion
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
26 Pembroke Street
Engineering Correspondence
In Mr. Cullen’s correspondence, he stated that the changes that he asked for in the original plan have been made to satisfy his department. He also stated that the language change of “lots 1 & 2 are not to be considered building lots until a variance has been granted by the Marlborough Zoning Board of Appeals” has been added to the plan. He stated that the Engineering Division recommends the endorsement of the plan.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence.
Subdivision Approval
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To GRANT the waiver request for lot 1, “The Planning Board is responsible for granting a waiver for insufficient frontage and the Zoning Board Appeals for granting waivers for area, front, side and rear setbacks and lot coverage. “
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To GRANT the waiver request for lot 2, “The Planning Board is responsible for granting a waiver for insufficient frontage and the Zoning Board Appeals for granting waivers for area, front, side and rear setbacks and lot coverage. “
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To approve a Definitive Plan of a Subdivision known as 26 Pembroke Street. Note that there are two approved waivers with the understanding these lots are not to be considered buildable lots until a variance from the Zoning Board of Appeals has been granted. The Planning Board will endorse the definitive plans after the twenty (20) day appeal period, provided no appeal has been recorded and a covenant has been submitted and approved by the Planning Board. Name of owner: William P. Wyskoczka, 26 Pembroke Street, Marlborough, MA 01752. Engineer: Jarvis Land Survey, 29 Grafton Circle, Shrewsbury, MA 01545.
SCENIC ROADS
SIGNS
INFORMAL DISCUSSION
COMMUNICATIONS/CORRESPONDENCE
On a motion by Mr. Kerrigan, seconded by Mr. Coveney, it was duly voted:
To accept all of the items listed under communications and/or correspondence.
On a motion by Mr. Hanson, seconded by Mr. Kerrigan, it was duly voted:
To adjourn at 7:29 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
| 
