PLANNING BOARD MINUTES
July 14, 2008
7:00 PM
The Planning Board for the City of Marlborough met on Monday, July 14, 2008 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Chairperson, Steve Kerrigan, Clerk, Clyde Johnson, Philip Hodge, Robert Hanson and Sean Fay. Also present: Assistant City Engineer Richard Baldelli.
MINUTES
Meeting Minutes June 23, 2008
On a motion by Mr. Kerrigan, seconded by Mr. Johnson with Mr. Fay and Mr. Hanson abstaining:
To accept and file the meeting minutes.
CHAIR’S BUSINESS
Commonwealth of Massachusetts
Correspondence from the Executive Office
Governor Duval Patrick sent correspondence regarding the 2009 version of Commonwealth Capital, which has proven to be an effective program for promoting better land use choices. The Commonwealth Capital explicitly endorses planning and zoning measures that are consistent with the Commonwealth’s Sustainable Development Principals and the Commonwealth is encouraging the municipalities to implement the measures by using state funding.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson, it was duly voted:
To accept and file correspondence and to refer the correspondence to the Mayor’s Office for their review.
City Council Order 08-1001939
Proposed amendment to the Zoning Ordinance
The City Council has referred the petition from Attorney Gadbois on behalf of Lewis Clark, Jr., to amend the Zoning Ordinance so that the Retirement Community Overlay Districts be abolished and that the Retirement Communities can be an allowable use in all districts with a Special Permit in accordance with a new Section 200-22 of the Zoning Ordinance.
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To schedule a public hearing on August 18, 2008 at 7:30 pm.
Marlborough Historical Society
Peter Rice Homestead Land
The Marlborough Historical Society sent correspondence to the owner of the property asking for a long term land lease of 99 years.
On a motion by Mr. Kerrigan, seconded by Mr. Hodge it was duly voted:
To accept and file correspondence.
City Council Order #08-1001833
Proposed New Car Dealership Overlay District in the Marlborough Zoning Ordinance
On May 12, 2008 the Planning Board held a public hearing for the proposed change in the Zoning Ordinance for the New Car Dealership Overlay. Mr. Hodge had some concerns on how some zoning ordinances are carefully crafted to not look like spot zoning. Mr. Johnson stated that he believed that Mr. Bata has had a reputable business and it just trying to make his business develop.
On a motion made by Mr. Johnson, seconded by Mr. Kerrigan, with Mr. Hodge and Mr. Hanson opposing, it was duly voted:
To recommend to the City Council a favorable recommendation to the City Council to approve the change in the Zoning Ordinance for the New Car Dealership Overlay District.
Change in Schedule
Public Hearing Date
The Planning Board has decided to add Wednesday, August 13, 2008 to hold two public hearings.
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To notify the City Clerk of the change in the schedule for the addition of a special meeting on August 13, 2008.
APPROVAL NOT REQUIRED PLAN
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Baldelli had no new updates.
Acre Bridge Estates (Blake Circle)
City Engineer Correspondence
Amended Covenant
Mr. Baldelli has reviewed the amended covenant and is recommending to the Planning Board to approve the covenant.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To accept and file correspondence and to endorse the amended covenant.
Country Club Estates (Stow Road)
Foreclosure Correspondence
Mark A. Kablack from M.A. Kablack has sent correspondence for the pending complaint for foreclosure of the open space parcel at the Country Club Estates Subdivision and has decided not to contest the proceedings. He is asking to renew his request for relative action with the subdivision and the release of the performance bond.
On a motion by Mr. Johnson, seconded by Mr. Hanson it was duly voted:
To accept and file correspondence; to refer the correspondence to the Engineering Department for their review.
Mauro Farm (Cook Lane)
Phasing Request
Correspondence from Martin Loiselle
Mr. Loiselle is asking for the Board to delay the final discussion on their phasing request until August 18, 2008.
On a motion made by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file the correspondence; to delay the final discussion until August 18, 2008.
Correspondence from City Engineer
Proposed Phasing Concept
Mr. Baldelli, Assistant City Engineer, sent correspondence to the Planning Board with his major concerns for the Phasing request:
· Multiple phases should have been discussed during subdivision review process.
· The revised plans do not provide enough information on site development.
The Engineering Department does not see an upside to the proposed phasing request.
On a motion by Mr. Kerrigan, seconded by Hodge it was duly voted:
To accept and file correspondence; and to send a copy of the correspondence to the developers.
O’Leary’s Landing (Joseph North Road)
Plan of Acceptance
The Engineering Department has reviewed all original mylar as-builts for the subdivision. They are recommending for the Planning Board to accept the subdivision.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To accept and file the letter from Assistant City Engineer Richard Baldelli and to endorse his recommendation that the roadway has remained in satisfactory condition for the yearlong maintenance period. Mr. Bumpus should contact the City Council regarding taking the necessary steps to have the acceptance plan approved. The outstanding bond will be returned at such time as the plans have been approved by the Council and filed with the Registry of Deeds.
PENDING SUBDIVISION PLANS: Updates and Discussion
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS/ LDS SUBMITTALS
LDS Submittal
214 Wilson Street
Public Hearing Date
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To schedule a public hearing date of August 13, 2008 at 7:00 pm.
DEFINITIVE SUBDIVISION SUBMISSIONS
289-401 Elm Street
Definitive Submittal
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To schedule a public hearing date of August 13, 2008 at 7:30 pm.
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 7:45 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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