PLANNING BOARD MINUTES
January 26, 2009
7:00 PM
The Planning Board for the City of Marlborough met on Monday, January 26, 2009 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Chairperson, Steve Kerrigan, Clerk, Philip Hodge, Edward Coveney and Sean Fay. Also present: City Engineer Thomas Cullen.
MINUTES
Meeting Minutes January 12, 2009
On a motion by Mr. Kerrigan, seconded by Mr. Coveney, it was duly voted:
To table the meeting minutes of January 12, 2009.
CHAIR’S BUSINESS
2009 Meeting Schedule
On a motion by Mr. Kerrigan, seconded by Mr. Coveney, it was duly voted:
To accept the meeting schedule and to post the schedule with the City Clerk.
APPROVAL NOT REQUIRED PLAN
299 Maple Street
Approval & Engineering Correspondence
The City Engineer sent correspondence recommending the Planning Board Approve the ANR plan known as 299 Maple Street. He also noted that any plan for merits (i.e. frontage and lot area(s)); the proponent must apply with all rules and regulations set forth of the building and zoning ordinances.
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 JEMS of New England, Inc. of 1 Dix Street, Worcester, MA 01609. Name of Engineer: Engineering Design Consultants, Inc., 32 Turnpike Road, Southborough, MA 01772. Deed of property recorded in South Middlesex Registry of Deeds book 615, page 84. Location and description of property: located at 299 Maple Street property shown on Assessors map 93, parcels 36 and 37.
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
The City Engineer stated that there were no major changes. His office is reviewing several as-builts and subdivisions.
Berlin Farms
Correspondence from Code Enforcement Officer
Ms. Wilderman, the City’s Code Enforcement Officer, sent correspondence stating that her department has issued a $200 fine for blight and that fine has not been paid by the developer. That fine has been sent to the Marlborough District Court for a “Show Cause Hearing”. If the site is not brought into compliance or tickets are not paid, she will move forward with the complaint to criminal court.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file the correspondence.
Blight Issues
At the last Planning Board Meeting, Mr. Baldelli, the Assistant City Engineer, relayed to the Planning Board that the blight issues are still ongoing. The Planning Board sent correspondence to Mr. Charles Freeman, the developer, and Mr. Christopher Yates, the legal council for Mr. Freeman asking them to both attend to tonight’s meeting.
Mr. Cullen, the City Engineer, stated that he was the one to start the investigation into the blight issues back in early December after noticing abnormal storage of commercial vehicles and trash throughout the road layout. At that time the Board has asked Ms. Wilderman, the Code Enforcement Officer, to start the fine process. Mr. Freedman has received a warning and then he received a fine after the December 15, 2008 meeting when the subdivision was still in disarray.
Mr. Freedman took pictures from this past Friday showing a stellar subdivision and asked the Planning Board if they saw the blight. Mr. Cullen had his office take pictures from this afternoon and the pictures were showing an overflowing trash container and several snow plows within the road layout.
The Board Chair had to remind Mr. Freedman to be a little more respectful with his interactions with the Board.
Mr. Yates asked the Board to define Blight. Several Board members agreed that after seeing the subdivision for themselves that they all have witnessed the blight in the subdivision. Mr. Yates then provided pictures of other job sites that had construction vehicles; unfortunately the site he chose was not a subdivision (Toll Brothers/Fitchburg Street).
Mr. Yates also asked why the road was not being plowed by the City and that the developer has to plow the subdivision. Mr. Cullen stated that it was more of an liability for the City to plow when the subdivision has disruptions in the road layout and it is the City’s right not to plow a private street.
Ms. Fenby stated that maybe it was best if the City Engineer and the Code Enforcement Officer meet Mr. Freedman at the subdivision to discuss this further and to come to an amicable agreement that would satisfy all the parties.
Correspondence from Christopher Yates
Mr. Yates hand delivered a request to the Planning Board for all documentation relating to test holes dug at the subdivision prior to the October 24, 2005 definitive subdivision approval. He stated that in his records search at both the Planning Board’s files and the City Engineer’s files he cannot obtain this information.
On a motion by Mr. Kerrigan and seconded by Mr. Coveney it was duly voted:
To accept and file correspondence; and to have the Planning Board Secretary research the files.
Eager Court
Correspondence from Assistant City Solicitor
The Assistant City Solicitor is sending the proposed order of acceptance to the City Council. All copies of the deed, municipal easement and acceptance plans are included with the order.
On a motion by Mr. Kerrigan and seconded by Mr. Coveney it was duly voted:
To accept and file correspondence.
PENDING SUBDIVISION PLANS: Updates and Discussion
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
SIGNS
INFORMAL DISCUSSION
The Secretary provided a new current subdivision status list. The members all commented it was a great starting point; however more research should be done before it’s completed.
COMMUNICATIONS/CORRESPONDENCE
On a motion by Mr. Coveney, seconded by Mr. Kerrigan, it was duly voted:
To adjourn at 8:02 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan,
| 
