PLANNING BOARD MINUTES
December 15, 2008
7:00 PM
The Planning Board for the City of Marlborough met on Monday, December 15, 2008 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Chairperson, Steve Kerrigan, Clerk, Clyde Johnson, Robert Hanson, Edward Coveney and Sean Fay. Also present: Assistant City Engineer Richard Baldelli.
MINUTES
Meeting Minutes November 24, 2008
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To table the minutes until the next meeting.
CHAIR’S BUSINESS
State Representative James Eldridge
Mr. Eldridge sent correspondence to the Planning Board, stating he was excited to being work as the State Representative for the Middlesex and Worcester Districts. Mr. Eldridge was holding a town hall meeting on Monday, December 15th to introduce himself and to hear the concerns of the board members. The Planning Board had a regular scheduled meeting and could not attend this meeting.
On a motion by Mr. Johnson, seconded by Mr. Kerrigan it was duly voted:
To send correspondence to State Representative Eldridge thanking him for his service to the community and the board is looking forward to working with him.
APPROVAL NOT REQUIRED PLAN
Muddy Lane/Millham Street
Marlborough Fish & Game
Approval
Mr. Cullen has reviewed the ANR Plan, noted that the proximity of the water shed protection district and the tax issues raised by the City Assessor. Mr. Saluk noted that the owners are aware of the changes in taxes. The City Engineer has reviewed the ANR for 1 Muddy Lane/Millham Street and recommended that the Board approve the ANR Plan.
On a motion by Mr. Kerrigan, seconded by Mr. Fay, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Marlboro Fish & Game, 1 Muddy Lane, Marlborough, MA 01752. Name of Engineer: Bruce Saluk and Associates, 576 Boston Post Road East, Marlborough, MA 01752. Deed of property recorded in South Middlesex Registry of Deeds book 7371, page 73.Location and description of property: located at the Marlboro Fish and Game, 1 Muddy Lane, Land has frontage on Millham Street and is approximately 1.01 Acres, shown on Assessors map 25, parcel 65.
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Baldelli Stated at this time there was no new developments and has comments regarding Berlin Farms.
Berlin Farms (Long Drive)
The City Engineer sent correspondence to Mr. Charles Freeman, the developer of the subdivision, regarding the unsightly conditions at his development on Berlin Road. Mr. Cullen reminded Mr. Freeman that in his covenant with the Planning Board he was to refrain his subdivision of blight which is governed through the Code Enforcement office. Mr. Freeman was also told that if the issues are not addressed in a timely fashion or by December 10, 2008, the duties of sanding and plowing of his subdivision for this upcoming winter will be his sole responsibility.
At the present time, the blight has continued and the City Engineer’s office has suggested send notice to the City Code Enforcement Office to start issuing fines.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To send notice of the blight conditions that currently exist at the Berlin Farms Subdivision to the Code Enforcement Officer and to have the City Code Enforcement office fine the developer until the blight is removed.
O’Leary’s Landing (Joseph North Drive)
Developer Correspondence
Mr. Bumpus, the developer for O’Leary’s Landing, is requesting the return of his bond monies. The City Council officially accepted Joseph North Road on December 1, 2008 and signed by Mayors Stevens on December 5, 2008.
Legal Correspondence
Ms. Cynthia Panagore Griffin sent correspondence to the Planning Board the order of acceptance and the copy of receipts from Middlesex South Registry of Deeds as proof the City has accepted Joseph North Road and it has recorded all documents, including the Deed, Plan, and order of Acceptance.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To accept all correspondence and to refer the request to the City Engineer for the amount of the remaining bond.
PENDING SUBDIVISION PLANS: Updates and Discussion
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS/ LDS SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
SIGNS
At the last meeting on November 24, 2008, the Planning Board sent an invitation to Pam Wilderman, The City Code Enforcement Officer; to discuss the signs at tonight’s meeting. Mr. Fay stated that he is noticing a trend in the variances with the sign companies being at fault for the non complying signs. Mr. Fay would like amend the sign ordinance allow the Code Enforcement to fine the sign companies as well as the owners of the establishment for non-complying signs.
Ms. Wilderman stated that is was a tough call to see who is really behind the non conforming signs, the owner or the companies. In some cases the sign companies do tell the owners what they are allowed and the owners still ask them to install the non conforming signs. She also stated that through the sign ordinance she has the ability to fine a sign company or owner $50.00 a day. However under the blight ordinance she has the ability to fine up to $200.00 a day. Mr. Fay asked if was possible to somehow not allow the companies to apply for a new sign in the City if they have not paid their fines or non complying signs? Ms. Wilderman stated that sign companies have no special licenses to put up signs or any leverage she would have except to fine a company.
The Board all agreed that Mr. Fay should draft an amendment to the sign ordinance to allow the non conforming signs into the blight ordinance.
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 7:30 p.m.
A TRUE COPY
ATTEST: _____________________________
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