PLANNING BOARD MINUTES
March 9, 2009
7:00 PM
The Planning Board for the City of Marlborough met on Monday, March 9, 2009 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Chairperson, Steve Kerrigan, Clerk, Philip Hodge, Robert Hanson, Edward Coveney and Sean Fay. Also present: City Engineer Thomas Cullen.
MINUTES
Meeting Minutes February 23, 2009
On a motion by Mr. Kerrigan, seconded by Mr. Fay, it was duly voted:
To accept and file the meeting minutes of February 23, 2009 with the minor changes.
CHAIRS BUSINESS
APPROVAL NOT REQUIRED PLAN
Pleasant Street/Fitchburg Streets
Correspondence from Engineering
The City Engineer sent correspondence to the Mr. Steve Roy, the proponent’s Engineer, asking him to review the comments his department has made which includes:
· The “blocks’ depicting the Lot Shape are not aligned with the Mean Direction Line as required in the Zoning Ordinance.
· Curve information for property lines should contain the angle and tangent length.
· Zoning information including table lot size, frontage and setback (required vs. provided) should be included on the plan.
· What is the status of “old Fitchburg Street”? How was the layout determined? What rights afford the proponent to use it as a driveway for Lot 1?
· Explain the essence of the note which states that “This plan and accompanying certifications do not constitute a certification of title to the property displayed on”. If the proponent is subdividing the property, then the property lines being depicted should not be clouded with uncertainty.
· The deed on record for this property (Bk. 13554, Pg. 242-246) makes reference to a perpetual covenant set forth in deed fro Fitchburg Railroad to Napoleon Ri chard (Bk. 4979, Pg. 232).
· The correct spelling is “Marlborough”.
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To accept and file correspondence.
Mr. Steen, the developer for 251 Realty Corp., was not in attendance at the meeting when the ANR was being discussed.
On a motion made by Mr. Fay, seconded by Mr. Hanson it was duly voted:
To table the ANR until Mr. Steen is available at the meeting.
On a motion made by Mr. Fay, seconded by Mr. Kerrigan it was duly voted:
To remove the ANR off the table.
No representative appeared before the board to discuss the ANR. Due to the adopted state legislation, the Planning Board has 21 days to approve or deny an ANR. If denied without prejudice the proponent can reapply without a delay in the time period.
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To deny without prejudice the ANR for Fitchburg Street/Pleasant Street.
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Cullen stated that not much is happening in the City. Road construction should begin in the spring for the Fiddlehead Subdivision, he has met with the developers for Country Club Estates regarding the deeds for the easements and his department is squaring away issues with Elm Farm Valley easements.
Commonwealth Heights (Atkinson Drive)
Status of Work and Completion Schedule
The developer provided to the Board a status of the current state of the subdivision. At this time the completed work includes the off-site drainage improvements includes approx. 1100 feet of drainage work on Glen and Conrad Streets, clearing and grubbing of the majority of the site, erosion control measures have been met and the three on-site detention basins are currently working. They are predicting to road completion in the fall of 2010.
On a motion made by Mr. Kerrigan, seconded by Mr. Hodge it was duly voted:
To accept and file correspondence; and to refer the correspondence to the City Engineer.
Extension Request & Amend Covenant
At the last meeting the Board reviewed the Commonwealth Heights covenant, there was no mention of the keeping the subdivision “blight free”. The Board asked if Mr. Gadbois’ client would have any issue to insert the blight language in the covenant. Mr. Gadbois, on behalf of his client, is asking for a 30 day extension to allow time for the City Solicitor and himself to prepare and review the amendment to the covenant.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To grant a 30 day extension to April 9, 2009, to send the amended covenant to the City Solicitor for his review.
Residences of Oak Crest
Resign Certificate of Performance
Pat Alteri from the office of Philbin & O’Neil, LLC is asking for a newly executed Certificate of Performance or Guarantee since the original was never recorded with the Middlesex South Registry of Deeds. Mr. Fay suggested a few minor changes with the wording in the paragraph and it Certificate of Performance was reflected to those changes.
On a motion made by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To allow Ms. Fenby to endorse the Certificate of performance, and to ask the proponent to confirm the recording.
PENDING SUBDIVISION PLANS: Updates and Discussion
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
Marlborough Elms
Correspondence
Stephen Campbell, Highland Engineering & development, sent correspondence to the Planning Board back in November of 2008. The correspondence was an unsigned e-mail, the new correspondence is a signed version of the email asking for the with-drawl without prejudice of the subdivision known as “Marlborough Elms”.
On a motion made by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To accept and file correspondence.
SCENIC ROADS
SIGNS
Price Chopper
Request for a variance
Tom Wheeler, agent for Price Chopper, is seeking a variance for the signs for the new marketing campaign for the Price Chopper located at 240 East Main Street. Price Chopper already has an existing flat-wall sign of 198.5 square feet and they are seeking a variance for adding another 186 square feet of flat wall signs. Mr. Wheeler stated that he thought Price Chopper was going to apply for the signs, and he only found out after the signs have been placed that there was no permit for the additional signs. Mr. Wheeler is claiming his hardship is that the flat wall signs are already placed. With no representation from Price Chopper, the Planning Board is not willing to make a decision. They suggested to Mr. Wheeler to return with all the information on all the signage that Price Chopper currently has, representation for Price Chopper and
what they are willing to concede of their current signage to allow the new flat wall signs.
On a motion made by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To table any decision until the March 23, 2009.
Proposed Amendment to Sign Ordinance
Mr. Fay spoke with Ms. Wilderman regarding the language as it stands. He stated that Ms. Wilderman is not going to have an issue with how the word “daily” would be used. Mr. Fay stated that he knows this will not be a popular ordinance once hit goes to the City Council level.
On a motion made by Mr. Fay, seconded by Mr. Hanson with Mr. Kerrigan opposing it was duly voted:
To send the proposed change in the sign ordinance to the City Council for their and their acceptance.
When Mr. Kerrigan was asked by Mr. Fay on why he was opposing, Mr. Kerrigan stated that he was not opposed to the amendment, just the sign ordinance in whole needs to replaced.
INFORMAL DISCUSSION
COMMUNICATIONS/CORRESPONDENCE
On a motion by Mr. Kerrigan, seconded by Mr. Coveney, it was duly voted:
To accept all of the items listed under communications and/or correspondence.
On a motion by Mr. Hanson, seconded by Mr. Kerrigan, it was duly voted:
To adjourn at 7:58 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
| 
