PLANNING BOARD MINUTES
June 23, 2008
7:00 PM
The Planning Board for the City of Marlborough met on Monday, June 23, 2008 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Chairperson, Steve Kerrigan, Clerk, Clyde Johnson and Robert Hanson. Also present: City Engineer Thomas Cullen.
MINUTES
Meeting Minutes June 9, 2008
On a motion by Mr. Johnson, seconded by Mr. Hanson it was duly voted with Mr. Kerrigan abstaining:
To accept and file the meeting minutes.
CHAIR’S BUSINESS
APPROVAL NOT REQUIRED PLAN
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Cullen stated that he has received the mylar’s for O’Leary’s Landing Subdivision. He also stated that Commonwealth Heights has their road opening permit and he has contacted the contractor for finishing the Fiddlehead Subdivision.
Acre Bridge Estates (Blake Circle)
Amended Covenant
City Solicitor Correspondence
Donald Rider, The City Solicitor, has reviewed the amended covenant for the referenced subdivision. He has suggested the following changes to the Covenant: preamble needs the change “Consolidated Design Group, Inc” to “Zanca Land Surveyors, Inc. and Consolidated Design Group, Inc.”; In paragraph 1 following “Plan No. 1037 of 2004” add as amended by Plan No. 1324 of 2005 (both sheets”; In paragraph 5 add language “Covenant agrees to pay for the actual costs for recording of above referenced documents” and add the language to paragraph “the undersigned, Stephen J. Garofalo and Elizabeth T. Garofalo, as Trustees of SMC Realty Trust, u/d/t dated March 27, 1992, do hereby certify as follows: a. We are the duly authorized Trustees of the above-referenced Trust, and the
above-referenced Trust allows reliance on the facts stated in this Certificate; b. We have full power and authority and further are duly authorized buy the terms of said Trust, and have been directed by all beneficiaries to execute this Amended Covenant on behalf of the Trust; and c. The aforementioned Trust is in full force and effect and has not been altered, amended, revoked, or terminated, and no beneficiary is a minor or corporation. There are no amendments, appointments, or resignations to this Trust.”
Mr. Dan Burger, the Developer’s attorney, has made the appropriate changes to the covenant and re-submitted the revised amended covenant. Ms. Fenby then asked if Mr. Cullen has reviewed the current amendments and he stated his office has not reviewed the document.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To refer the amended covenant to the Engineering Department for their review and have them report to the Board at the next meeting.
Davis Estates (Bouvin Drive)
Tri-Partite Agreement
City Solicitor Correspondence
The City Solicitor has reviewed the Tri Partite Covenant and made a few changes to Tri-Partite Agreement including the approval dates, subdivision plan dates, covenant subdivision plan’s book and page number.
Aldo Cipriano, attorney for the Developer, sent a clean version of the Tri-Partite Agreement and a minor change (as Plan of 1296 of 2005, of 2005 was left out) was still requested since the developer had not signed nor the bank, it was suggested before the Planning Board sign, the change can be made.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence; and to endorse the Tri-Partite Agreement after the minor change has been corrected and after the required signatures of the bank and developer.
Certificate of Performance
Mr. Cipriano is asking for the board to allow Ms. Fenby to sign the Certificate of Performance after the Tri-Partite Agreement has been recorded by the Registry of Deeds.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To allow Ms. Fenby to endorse the Certificate of Performance once Tri-Partite has been recorded at the Registry of Deeds.
Mauro Farm (Cook Lane)
Phasing Request
Martin Losielle of Capital Group Properties has asked the Planning Board if they would consider allowing a phasing for construction of this subdivision at the May 14, 2008 meeting. The Planning Board then referred the request to the Engineering Department and at request of the developer to delay the decision until tonight’s meeting.
Mr. Loiselle once again showed to the Planning Board the phasing process of Phase 1A, construction of a 460’ section of Nolan way with a temporary cul-de-sac with lots 1 through 7 built. Phase 1B includes the construction of Spenser Circle and lots 15 through 19 and Phase 1C would complete the construction of Nolan Way, remove the temporary cul-de-sac and complete the rest of the building lots.
Ms. Fenby was concerned since only four out of the seven members were in attendance and that she thought it would be better to discuss when more members are present.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To table any motion until the next meeting and if Board Members are not present to supply to Mrs. Lizotte their opinion.
PENDING SUBDIVISION PLANS: Updates and Discussion
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
SIGNS
INFORMAL DISCUSSION
COMMUNICATIONS/CORRESPONDENCE
On a motion by Mr. Kerrigan, seconded by Mr. Hanson, 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 7:40 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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