PLANNING BOARD MINUTES
March 23, 2009
7:00 PM
The Planning Board for the City of Marlborough met on Monday, March 23, 2009 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Chairperson, Philip Hodge, Robert Hanson, Clyde Johnson and Sean Fay. Also present: Assistant City Engineer Richard Baldelli.
MINUTES
Meeting Minutes March 9, 2009
On a motion by Mr. Hanson, seconded by Mr. Fay, it was duly voted:
To table the minutes of March 9, 2009 until the next meeting.
CHAIRS BUSINESS
APPROVAL NOT REQUIRED PLAN
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Baldelli stated that spring is close and they are planning to complete several projects soon.
Commonwealth Heights (Atkinson Drive)
Amend Covenant
At the last meeting on March 9, 2009 the Planning Board referred the first amendment of the covenant to the City Solicitor for his review. The City Solicitor has reviewed the first amendment covenant which will allow construction of all ways and installation of all municipal services within two years of signing date and the anti-blight language. The City Solicitor recommended endorsing the covenant. The Planning Board also noted that the amended covenant is not in long form. They stated that in the future, all amended covenants need to be in “long” form.
On a motion made by Mr. Fay, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence from the City Solicitor.
On a motion made by Mr. Hodge, seconded by Mr. Hanson it was duly voted:
To accept and endorse the First Amendment to the Covenant for Commonwealth Heights.
Davis Estates (Bouvin Drive)
Covenant & Legal Correspondence
The Planning Board has received an amended covenant from the developer’s attorney. The City Solicitor has reviewed the covenant and has recommended a few changes before the Planning Board can endorse the covenant.
On a motion made by Mr. Hodge, seconded by Mr. Hanson it was duly voted:
To accept and file correspondence, return the covenant to Mr. Cipriano and incorporate the appropriate changes as requested by the City Solicitor.
Forest Trail (Mosher Lane)
Extend Agreement
Daniel Burger, Attorney for Avidia Bank, is requesting an extension for the Agreement between the Planning Board and his client. With this submission, the Planning Board must gather information making sure the site is blight free, all taxes are paid, engineering checklist and the Legal Department needs to review the Agreement before the Planning Board can endorse. Mr. Burger also asked about the possibility of starting the subdivision on it’s year maintenance period. Mr. Baldelli stated he would look into it and report back to the Board.
On a motion made by Mr. Fay, seconded by Mr. Hodge it was duly voted:
To accept and file correspondence.
On a motion made by Mr. Johnson, seconded by Mr. Fay it was duly voted:
To ask the Code Enforcement office if the subdivision is free of blight; to ask the City Engineers office the status of the subdivision, ask the Tax Collectors office is all taxes are paid to date and send the new agreement to the City Solicitor for his review.
PENDING SUBDIVISION PLANS: Updates and Discussion
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
Marlborough Elms
Submittal of Definitive Plans
135 days: August 4, 2009
The developer Marlborough Elms is submitting a definitive plan for 289 & 401 Elm Street.
On a motion by Mr. Fay, seconded by Mr. Hanson it was duly voted:
To refer the plans to the Engineering Department and to set a public hearing date of April 27, 2009 at 7:30 pm.
SCENIC ROADS
SIGNS
Price Chopper
At the last meeting the Planning Board asked Tom Wheller of AJ Signs, Price Choppers’ representative, to have a representative from Price Chopper at tonight’s meeting. Mr. Trieste Savona, Director of Design for Price Chopper, spoke on behalf of his company and was deeply apologetic. Mr. Savona stated that getting a permit and seeing if the additional signage was overlooked by him and his staff. If he had known a permit was needed that he would have applied for a permit before having the signs installed. Price Chopper already has a variance for 187 square feet of flat wall signs and is seeking an additional 200 square feet for the non-permitted signs.
Mr. Fay stated that there has to be some other justification for a variance than the applicant’s desire to erect a sign in keeping with their corporate branding. In the past, The Planning Board has asked the applicant to establish some hardship other than the purchase of a non-permitted or non-compliant sign, or some hardship related to the unique character of the property. At the end, Mr. Fay thought, that in his opinion, the proponent did not establish a justification for the variance. The Planning Board did not establish enough facts that warrant a variance.
On a motion by Mr. Hodge, seconded Mr. Fay it was duly voted:
To DENY the additional flat wall signage and allow a grace period of 7 business days to remove the additional non-permitted signage.
On a motion by Mr. Fay, seconded by Mr. Hodge it was duly voted:
To send correspondence to Price Chopper to thank them for being great neighbors to the City of Marlborough and their employees passion about their company.
INFORMAL DISCUSSION
COMMUNICATIONS/CORRESPONDENCE
On a motion by Mr. Hanson, 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. Hanson, it was duly voted:
To adjourn at 8:02 p.m.
A TRUE COPY
ATTEST: _____________________________
Sean N. Fay, Acting Clerk
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