PLANNING BOARD MINUTES
January 12, 2009
7:00 PM
The Planning Board for the City of Marlborough met on Monday, January 12, 2009 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Chairperson, Steve Kerrigan, Clerk, Philip Hodge, Clyde Johnson and Sean Fay. Also present: Assistant City Engineer Richard Baldelli.
ELECTION OF OFFICERS
ELECTION OF PLANNING BOARD OFFICERS 2009
The gavel was turned over to Clyde Johnson to serve as Chairman Pro Tem for the election process.
Barbara Fenby was unanimously re-elected as Chair for the year of 2009.
Steve Kerrigan was unanimously re-elected as Clerk for the year of 2009.
On a motion by Mr. Johnson, seconded by Mr. Fay, it was duly voted:
To appoint Barbara L. Fenby as Chairperson and Steve Kerrigan as Clerk for a term to expire on December 31, 2009.
Mr. Johnson returned the gavel was returned to Chairperson Fenby.
MINUTES
Meeting Minutes November 24, 2008
On a motion by Mr. Kerrigan, seconded by Mr. Fay, it was duly voted:
To accept and file the meeting minutes of November 24, 2008.
Meeting Minutes December 15, 2008
On a motion by Mr. Kerrigan, seconded by Mr. Fay, it was duly voted:
To accept and file the meeting minutes of December 15, 2008.
CHAIR’S BUSINESS
Commonwealth of Massachusetts
National Register of Historic Places
Dennison Mfg. Co Paper Box Factory
The Planning Board received correspondence from The Commonwealth of Massachusetts informing that the Dennison Mfg. Co Paper Box Factory has been accepts by the National Park Service, Department of the Interior, for it’s listing in the National Register of Historic Places.
On a motion made by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence; and to send a letter congratulating the current owners of the building on this accolade.
Meeting Notice
The Planning Board has not received the City Councils meeting schedule as of this meeting.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To send correspondence to the City Clerk notifying her that the next Planning Board meeting will be on January 26, 2009.
APPROVAL NOT REQUIRED PLAN
299 Maple Street
Submittal
Peter Bemis of Engineering Design Concepts, submitted and ANR plan for 299 Maple Street. He stated that this ANR plan is a result of a lot combination to create one contiguous lot combing parcel A with Assessors Map 93-35 and Assessors Map 95-36 with 50 feet of frontage on Maple Street. All parcels will be combined with an 81X plan if the ANR is approved.
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To accept and refer the proposed plan to the City Engineer for his review and recommendation at the next meeting on Monday, January 26, 2009.
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Baldelli reported to the Board that Mr. Freeman, developer of Berlin Farms subdivision, has not reduced or cleaned up the blight in his subdivision. Mr. Baldelli stated that there was still construction trucks still being stored on site. The Planning Board asked Mrs. Lizotte if she knew the status of the fines sent to the developer by the Code Enforcement Office. Mrs. Lizotte stated she knew they were sent a ticket and did not know if the developer has paid the fine. They asked Mrs. Lizotte to contact the Code Enforcement Office for a status, if no fine has been paid or if the blight has not been removed, to ask Mr. Freeman and his legal representative to please attend the next meeting to discuss the blight.
PENDING SUBDIVISION PLANS: Updates and Discussion
O’Leary’s Landing
Correspondence from City Engineer
The City Engineer has reviewed the request to release the maintenance bond for O’Leary’s Landing. With all fees including recording costs and verification from all departments that all associated fees have been paid, the City Engineer has recommended to release the remaining bond from $35,000.00 to $0.00.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence, to reduce the bond from $35,000.00 to $0.00 and to change the subdivision status to completed.
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
SIGNS
At the last meeting on December 15, 2008, the Planning Board collectively agreed for Mr. Fay to prepare language to add to the sign ordinance. The additional language is to penalize the sign contractor for violating the sign ordinance. The language is as follows:
§163-12 ADMINISTRATION and Penalties
New Proposed Paragraph E:
E. PENALTIES FOR SIGN CONTRACTOR
If the Building Inspector determines that a sign contractor has erected a sign in violation of §163-3 hereof, the Building Inspector may, in his or her discretion, and in addition to the remedies provided for in §163-12, Paragraph D above, take the following actions:
1. For the first violation of §163-3 committed by a sign contractor, the Building Inspector may levy a fine in an amount not exceeding three times the then applicable permit fee for installing a permitted sign.
2. For the second and all subsequent violations of §163-3 committed by a sign contractor, the Building Inspector may levy a fine in an amount not exceeding ten (10%) percent of the total amount paid to said sign contractor by a sign owner, or for which a sign owner is contractually obligated to pay, for the design, purchase and installation of the non-permitted sign. Said fine shall be paid by the sign company that installed the non-permitted sign within thirty (30) days of when the Building Inspector provides notice of the fine.
3. Deny any application for a sign permit bearing the signature of a sign contractor that has received notice of a fine assessed pursuant to sub-paragraphs 1or 2 above that remains unpaid as of the date a sign application is duly filed.
All fines shall be payable to the City of Marlborough, through the City Clerk's office. The Building Inspector may, as an alternative to initiating criminal proceedings, treat violations of this chapter in a non-criminal manner pursuant to the provision of M.G.L. Ch. 40, §21D.
On a motion made by Mr. Kerrigan, seconded by Mr. Hodge it was duly voted:
To send proposed language to the City Solicitor for his opinion.
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 7:38 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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