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Planning Board Minutes 10/06/08
PLANNING BOARD MINUTES
October 6, 2008
7:00 PM

The Planning Board for the City of Marlborough met on Monday, October 6, 2008 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752.  Members present: Barbara Fenby, Chairperson, Steve Kerrigan, Clerk, Clyde Johnson, Edward Coveney and Sean Fay. Also present: City Engineer Thomas Cullen.

MINUTES

Meeting Minutes September 29, 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
Proposed Retirement Community

On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:

To table any discussion until the end of the meeting.

On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:

To remove the Proposed Retirement Community off the table.

In discussion, Mr. Johnson still feels that any retirement district should not be in any Limited Industrial or Industrial zone.  Mr. Johnson also suggested a buffer zone between the developments. Mr. Convey and Mr. Hanson both agreed with Mr. Johnsons’ opinion of not having these developments in a LI or I zone.  

Mr. Fay stated that he wanted to make clear that the reporter for the Metrowest Daily News was incorrect by stating that the Planning Board wanted bathrooms in all units, instead the Board wished them to be on the first floor so that people could age in place, He also favored the idea of keeping the developments in residential neighborhoods but not to the detriment of the neighborhoods. For example: could this type of development go next to a multi million dollar house, and right next door would be 12 units at 1,000 square foot each. Mr. Fay stated it would not be fair for those who bought these homes not knowing that a retirement community could be right next door.~ Some zone/lot size correspondence with the number/size of units allowed should be considered Mr. Fay also stated that he believes all units should be designed for the owners    to age in place. ~
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Before making any recommendation the Planning Board would like to recommend to the City Council the following changes be implemented:
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·       Consider not allowing Retirement Communities in Limited Industrial or Industrial Zones.
·       Consider buffer zones between the developments.
·       Consider sidewalks on both sides of the streets.
·       Consider density issues corresponding to zoning
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On a motion made by Mr. Fay, seconded by Mr. Johnson it was duly voted:
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To send the considerations to the City Council before the Planning Board takes a vote.

LDS Approval
City Council Adoption of 200, Article VI, section 200-30

Mr. Kerrigan asked if there was any correspondence from the City Clerk regarding the added language to the LDS approval for the additional wording of “be and is herewith APPROVED” is being questioned if this is standard language as it tends to be confusing.

On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:

To send correspondence to ask the City Solicitor if the language “be and is herewith APPROVED” a standard clerical addition of policy.

APPROVAL NOT REQUIRED PLAN

13 Harvard Street
ANR Approval
Mr. Fays’ Disclosure Notice
Correspondence from City Engineer

Mr. Fay disclosed to Mayor Stevens that he has a conflict of interest with the Presenting Counsel for this ANR Plan.

On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:

To accept and file the correspondence.

The Assistant City Engineer, Richard Baldelli, sent correspondence to the Planning Board of his review of the ANR plan for 13 Harvard Street. In his review he stated that an August 11, 2008 plan showed a division of three parcels of land owned by Anna Lee Ginetti that would create two building lots.  All newly created lots meet the requirements of the Rules and Regulations of the subdivision rules and regulations for the City of Marlborough. Mr. Baldelli is giving a favorable recommendation to approve the ANR plan.

On a motion by Mr. Kerrigan, seconded by Mr. Johnson with Mr. Fay abstaining it was duly voted:

To accept and endorse a plan of land believed to be Approval Not Required of Zagami Family of 365 Boston Post Road, Suite 214, Sudbury, MA 01776.  Name of Engineer: Thomas Dipersio, Thomas Land Surveyors, 265 Washington Street, Hudson, MA 01749.  Deed of property recorded in Middlesex Registry of Deeds books 51623, page 241. Location and description of property: Several Parcels on Harvard Street.

PUBLIC HEARING

SUBDIVISION PROGRESS REPORTS

Update from City Engineer

Mr. Cullen stated that there are currently 41 active subdivisions and they are reviewing as-builts for some subdivisions that are nearly completed.  

Forest Trail (Mosher Lane)
Correspondence from Conservation Officer

The Conservation Officer, Pricilla Ryder, gave an update on the planting progress for Forest Trail. She stated in her letter that the work is not yet completed and after a conversation with Mr. Sykes, he stated all work is to be completed by October 10, 2008.  Mr. Skyes also indicated that the following work was to be performed as well:

·       Desert Conservation land parking lot was regarded and will be re-bermed with a cape cod berm as required.
·       Access ramp that was constructed in Open Space A, will be removed and area will be loamed and seeded to restore and stabilize this area.
·       Replacement trees have been ordered and will be planted this week including the five trees that were removed when the access road was installed.
·       Entrance way decorative stone wall and low shrub planting between Mosher Lane and Desert Parking lot will be completed as well as the pines noted on plan       are to be replaced with low growing juniper and rhododendron plants.

On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:

To accept and file correspondence; ask the Conservation Officer to provide an update when the work is completed.

Easements

At the last meeting, the Planning Board received correspondence from the Code Enforcement Officer, asking the Board to meet with the homeowner (Mr. Welch), the developer (Mr. Kane) and Avidia Bank, owner of the subdivision.   Mr. Stephen Poole, the Civil Engineer with Zanca Land Surveying was asked to attend the meeting for Avidia Bank.  Mr. Welch or representatives for the developer were not in attendance.  Mr. Cullen stated that both he and Mr. Baldelli have been to the site several times and no answer from the homeowner when they have knocked on the door. Mr. Poole presented the plans for 20 Mosher Lane and showed the Board where the drainage easements and detention basin sits on Mr. Welch’s property. As explained, they used a right of way on one side of the property to hand dig the trench for the detention basin so no heavy equipment was used to damage any of Mr. Welch’s Property.  Mr. Cullen spoke on how he feels since the subdivision is not completed and still in the developer’s prevue that the developer should go back to the homeowner and work out a compromise. Mr. Poole stated that he will speak to the developer and the homeowner to come up with a solution.  Mr. Poole will send a report back to the Planning Board.

PENDING SUBDIVISION PLANS: Updates and Discussion

PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS/ LDS SUBMITTALS

LDS Submittal
214 Wilson Street
Signing of Plans/ ANR Plan

The City Clerk certified that there were no appeals. The Planning Board may now endorse the plan.

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 SMC Reality Trust, P.O. Box 551, Marlborough, MA 01752.  Name of Engineer: Thomas Land Surveying, 265 Washington Street, Hudson, MA 01749.  Deed of property recorded in South Middlesex Registry of Deeds book 32283, page 81. Location and description of property:  located at 214 Wilson Street on Assessors map 60, parcel 5 and map 47 parcel 16.
 
DEFINITIVE SUBDIVISION SUBMISSIONS

SCENIC ROADS

SIGNS

INFORMAL DISCUSSION

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 7:45 p.m.




                        A TRUE COPY

                        ATTEST:         _____________________________
                                                Steven Kerrigan, Clerk