PLANNING BOARD MINUTES
April 6, 2009
7:00 PM
The Planning Board for the City of Marlborough met on Monday, April 6, 2009 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Chairperson, Steven Kerrigan, Philip Hodge, Robert Hanson, Edward Coveney and Sean Fay. Also present: Assistant City Engineer Richard Baldelli.
MINUTES
Meeting Minutes March 9, 2009
On a motion by Mr. Kerrigan, seconded by Mr. Fay, it was duly voted:
To accept and file the Meeting Minutes of March 9, 2009.
Meeting Minutes March 23, 2009
On a motion by Mr. Fay, seconded by Mr. Hodge, it was duly voted:
To accept and file the Meeting Minutes of March 23, 2009 with the minor changes.
CHAIRS BUSINESS
Mr. Kerrigan asked if the legal representation for the Residences of Oak Crest has sent a copy of the recording for the Certificate of Performance that was signed at the March 9, 2009 meeting. Mrs. Lizotte confirmed that there was no recording information sent to the Planning Board.
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To send correspondence requesting proof of recording for the Certificate of Performance.
APPROVAL NOT REQUIRED PLAN
Pleasant Street/Fitchburg Street
Submittal
Mr. Steven Steen presented the new ANR plan. This new plan shows the old road layout for “Old Fitchburg Street” has a 50’ foot road opening then the previous proposed of 30’. Mr. Steen stated that this plan complies with the current standard for zoning.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence; to refer the plan to the Engineering Department for their review and to report back to the Planning Board at their next meeting.
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Baldelli is hoping to have a new status update at the next meeting.
Correspondence from Code Enforcement
Commonwealth Heights & Forest Trail
Ms. Wilderman sent an update on blight correspondence for the Commonwealth Heights and Forest Trail subdivisions. Ms. Wilderman stated that there is old truck parked on the site the Commonwealth Heights subdivision and contacted the developer’s attorney for prompt removal. Mr. Kerrigan confirmed that the truck has been removed.
Ms. Wilderman also stated the Forest Trail Subdivision has minor issues regarding general clean- up for the open space and storm debris. She also discussed with Priscilla Ryder, The Conservation Commissioner, elimination of the fence at the top of the cliff on the northerly side of the cul de sac.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence.
Davis Estates (Bouvin Drive)
Amended Covenant & Legal Correspondence
The Developer’s Attorney, Aldo A. Cipriano, made the appropriate changes to the Amended Covenant as asked by the City’s Solicitor. While reviewing the changes in the covenant, the City Solicitor found in paragraph 23, a reference to the Tri-Partite Agreement with the book and page number of the first covenant. The City Solicitor recommended to add the following language to the covenant paragraph 23 “And recorded in the Middlesex District Registry of Deed Book 51441, Page 164 on July 15, 2008”. He has also recommended with the addition to endorsing the amended covenant and a recommend endorsing that the TPA may need to be revised.
On a motion made by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file the correspondence from the City Solicitor.
On a motion made by Kerrigan, seconded by Mr. Hanson it was duly voted:
To add the following language “And recorded in the Middlesex District Registry of Deed Book 51441, Page 164 on July 15, 2008” to paragraph 23 of the Amended Covenant and endorse the document.
Eager Court (Eager Court)
Return of Bond
The Assistant City Solicitor, Cynthia Panagore-Griffin, sent correspondence to the Planning Board confirming that the Eager Court Subdivision has been accepted by the City and all documents including the Deed, Plan and Order of Acceptance have been recorded with the Registry of Deeds.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file the correspondence.
Correspondence from Richard Dipersio
Mr. Dipersio is requesting the return of the Bond. He has attached a recording costs receipt as well as the City Council order of acceptance, the deed and the title examiner’s fees.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file the correspondence.
On a motion made by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To reduce the bond from $11,000.00 to $0.00 and to change the subdivision status to completed.
Forest Trail (Mosher Lane)
Legal Correspondence
The City Solicitor has reviewed the Amended and Restated Agreement and with one minor change, Mr. Rider approved the Amended and Restated Agreement.
The City Solicitor also mentioned to the Board of the unpaid taxes for the Open Space Parcels. It was also suggested by both attorney’s to have Mrs. Lizotte hold onto the signed agreement until the next meeting when there should be proof of payment of all taxes for the development.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To accept and file correspondence, to endorse the amended agreement and to have the Planning Board Secretary hold the agreement until the next meeting when proof of tax payments has been provided.
Subdivision Checklist
Mr. Steve Poole of Zanca Land Surveying advised the Planning Board that he has reviewed the roadway and in his opinion the Contractor’s work has been complete, with the exception of the following items:
· Paving of Emergency Access Roadways.
· Curbing at the end of the Cul-de-sac was installed with a curb cut for the access roadway; they will be seeking a waiver since it was not in the original design.
· Approved plans show a four (4) foot high concrete retaining wall with a chain-link fence along roadway. Needs Affirmation from the Planning Board and Engineering that the wall was not necessary.
· They are preparing the final as-builts and legal descriptions.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file the correspondence and to refer the subdivision checklist to the City Engineer for his review.
PENDING SUBDIVISION PLANS: Updates and Discussion
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
SIGNS
Solomon Pond Mall
KayGee Signs
Mr. Mike Hannigan of KayGee Signs came to speak with the Planning Board on an informal inquiry regarding the possible change of the freestanding sign located at River Road and Donald J. Lynch Blvd. The original sign with the electronic message board was permitted by the Planning Board with a variance and any change would require permission with the Planning Board.
Mr. Hannigan showed the desired layout of the new sign which would have “tiles” that would be sold to the retailers at the mall and the retailers along Donald J. Lynch Blvd. He stated the Mall was not inclined to repair or replace the current message board that has be covered The Mall would be able to generate a revenue from the advertising on the proposed change of sign.
The Planning Board discussed the new layout. They had some concerns regarding the advertising of the stores. The general propose of the off premise sign is to direct the citizens to the mall, not to advertise the retailers.
Dr. Fenby asked the members to take a look at the sign at the current state to be able to discuss at the next meeting.
INFORMAL DISCUSSION
COMMUNICATIONS/CORRESPONDENCE
On a motion by Mr. Kerrigan, seconded by Mr. Hanson, 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 8:01 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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