PLANNING BOARD MINUTES
April 27, 2009
7:00 PM
The Planning Board for the City of Marlborough met on Monday, April 27, 2009 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Chairperson, Steven Kerrigan, Philip Hodge, Edward Coveney and Sean Fay. Also present: City Engineer Thomas Cullen.
MINUTES
Meeting Minutes March 23, 2009
The Meeting Minutes were approved on April 6, 2009 and needed a signature from Mr. Fay.
Meeting Minutes April 6, 2009
On a motion by Mr. Kerrigan, seconded by Mr. Coveney, it was duly voted:
To accept and file the Meeting Minutes of April 6, 2009 with the minor changes.
CHAIRS BUSINESS
At the last meeting, 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. A letter was sent to the law firm and there has been no response to date. Mr. Kerrigan suggested sending another letter requesting confirmation of the recording.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To send another letter requesting proof of recording for the Certificate of Performance.
APPROVAL NOT REQUIRED PLAN
107 Phelps Street
Submittal
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To place the ANR submittal on the table.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To take ANR off the table.
With Mr. Fay having a disclosed conflict, he stepped out of the room.
Steve Poole, of Zanca Land Surveying, presented an updated ANR plan. The Planning Board signed an ANR Plan on September 29, 2008 and when the plan was submitted for recording for the unregistered land and the Land Court ANR Plan was returned and requested minor modifications for minor changes that the Land Court required. The updated plan incorporates all the modifications that were requested by Land Court.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file the correspondence; to refer the plan to the Engineering Department for their review and to report back to the Planning Board at their next meeting.
Mr. Fay returned to the meeting.
Pleasant Street/Fitchburg Street
Correspondence from Engineering
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To place the correspondence on the table.
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To take correspondence off the table.
Tim Collins has reviewed the ANR plan for Pleasant Street/Fitchburg Street. The initial review of the first plan raised questions of status and cross section of Fitchburg Street (public or discontinued) referred as Old Fitchburg Street, width of layout of the section of roadway to as Old Fitchburg Street and compliance with “Lot Shape” based on the section of “Old Fitchburg Street” as a Public Way. With all issues raised from the previous submission resolved, the DPW is recommending the Planning Board to endorse the new ANR plan.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of 251 Realty Corp. of 3 Ledgewood Blvd., North Dartmouth, MA 02743. Name of Engineer: Steven Roy, 162 North Main Street, Fall River, MA 02720. Deed of property recorded in South Middlesex Registry of Deeds book 21732, page 29. Location and description of property: Corner lot between Pleasant Street and Fitchburg Street, Assessors Map 29 Parcel 2 and 2A.
PUBLIC HEARING
Marlborough Elms Definitive Subdivision
7:00 pm
The Planning Board of the City of Marlborough held a public hearing on Monday, April 27, 2009, at 7:08 p.m. in Memorial Hall, 3rd Floor, City Hall, 140 Main Street, Marlborough on the Definitive Plan of a subdivision entitled, “Marlborough Elms”. Members present: Chairperson Barbara L. Fenby, Clerk Steven Kerrigan, Philip Hodge, Edward Coveney and Sean Fay. Also present: City Engineer Thomas Cullen.
The Chair introduced all of the members of the board, the City Engineer and the Planning Board Secretary. She advised the audience that everyone should direct questions to her and she will direct the questions to the proponent or others. She also stated that this is the definitive plan and the Board will refer this plan to the Engineering Department for a full review after the public hearing is closed.
Mr. Kerrigan read the public hearing notice into record.
PLANNING BOARD
PUBLIC HEARING NOTICE
Notice is hereby given that the Planning Board of the City of Marlborough will hold a public hearing on Monday, April 27, 2009 at 7:00 P.M., at Memorial Hall, City Hall, 140 Main Street, Marlborough, MA on the following Definitive Subdivision Plan “Marlborough Elms” subdivision which proposal is herewith published in compliance with the requirements of the M.G.L. 41, §81T and is hereby set forth as follows:
NAME OF SUBDIVIDER: Marlborough Elms, Inc.
10 Turnpike Road
Southborough, MA 01772
NAME OF ENGINEER: Highland Engineering & Development
25 Braintree Hill Park, Suite 200
Braintree, MA 02184
LOCATION OF PROPERTY: Several parcels of land located on the northerly side of Elm Street and adjacent to Interstate Route 495
A plan of the proposed subdivision is on file in the City Clerk's Office, the Planning Board Office, and the City Engineer's Office and may be seen prior to the public hearing.
Clifford Schorer of CJS Holdings, owner of the development, presented to the Planning Board the new definitive plans. A previous definitive plan, withdrawn without prejudice, had a street that began at the driveway of 289 Elm Street and past the rear of the property to connect at 401 Elm Street with a “bridge” over the wetlands. The current plan for the subdivision would have two cul-de-sacs, one located at the driveway of 289 Elm Street and the other located at 401 Elm Street and less disturbance of the wetlands. Mr. Schorer stated that the Conservation Commission was in favor of this plan since the disturbance of wetlands will be kept to a minimum.
The developer has agreed to grant a parcel of land to the Marlborough Historical Society, the Peter Rice Homestead noted on the plans.
They are currently seeking 5 waivers:
Section III-Definitive Plan:
· B.2.0 Request a waiver from locating existing trees over 4’ within 20 feet of the right of way.
· B.2.5 Request a waiver to allow GIS contours supplied by the town in lieu of an on-the- ground survey.
Section IV-Design Standards:
· A.4C. Request a waiver from a 75 foot leveling area at roadway intersection
· J. Request a waiver to construct a single sidewalk in the inside of the roadway
· J. Request a waiver to allow cape cod berm in lieu of sloped granite curbing.
In Favor
Susan Boggs
4 Roosevelt Street
Ms. Boggs stated that she was very pleased with the new plan and the wetlands would be less invaded.
Courtney Campbell
279 Elm Street
Ms. Campbell stated she just moved into her home at 279 Elm Street and asked if there were any direct plans to build a new office building. Ms. Campbell also wanted to know if there would be traffic study, fencing to hide the current trucks and stated her privacy would be affected.
Mr. Schorer stated that he has no intention of building anything at the present time. He is looking to just build the cul-de-sac for the purpose of having frontage rights for future use. He did say if there were plans for a building at any time, they would to submit to the Site Plan Review Committee, which at that time would require a traffic study.
City Councilor Rob Seymour
Ward 5
17 Kenny Lane
Councilor Seymour reported to the Planning Board that he and the developer held a public neighborhood meeting. He stated some of their concerns were traffic, drainage and the conservation of the wetlands. He also stated that the 2 roadways are just existing roadways that will be turned into cul-de-sacs and that the plan before them now is more favorable then the past plans. He still has concerns regarding the water table and the possibility of donating a back portion of the land to conservation. The trucks are still a concern and asked about the possibility of fencing around 289 Elm Street.
Mr. Schorer stated that he would look into the fencing and the conservation donation.
Geraldine Fossile
43 Spring Street
Ms. Fossile’s questions were about the storm water drainage at this property and sewerage capability. She stated when there are heavy rains the drainage seems to be a problem for her neighbors along Roosevelt Street. She asked about the oil from the trucks that are parked at 289 Elm Street.
Mr. Schorer stated that the discharge will be separated in the storm drains and that the drainage reports have all the information on the storm drains. Any improvements would be looked at closely due to the conservation issues.
Muriel Bowles
307 Elm Street
Ms. Bowles asked if there would be screening due to the unsightly trucks in the parking lot at 289 Elm Street.
Robert Dolan
310 Elm Street
Mr. Dolan has concerns about the storage on site and the traffic that the subdivision would cause.
Dayna Walters
290 Elm Street
Ms. Walters was concerned about the long range goal of what the developer can erect at the site.
Mr. Schorer stated that in this economic time, he was not willing to build unless he had a tenant who would require enough square footage to warrant another building. He is looking at the two smaller lots in the rear of 289 Elm Street as buildable lots.
Ken Schmidlein
288 Elm Street
Mr. Schmidlein’s concern was the traffic and how the traffic would affect the now already busy street.
Lois Morelli
18 Roosevelt Street
Mr. Morelli stated that she is in favor of this project and that Mr. Schorer is doing good things.
Pearl Morelli
18 Roosevelt Street
Ms. Morelli was in favor of the subdivision.
In Opposition
Ken Schmidlein
288 Elm Street
Mr. Schmidlein is in opposition of the subdivision.
Robert Dolan
310 Elm Street
Mr. Dolan asked if there was any way of putting in a complete street and what is allowed to be built in the Limited Industrial Zone.
Mr. Schorer stated if they were to put a street in, the wetlands would be greatly disturbed.
Mr. Kerrigan provided a general overview of what is allowed in the Limited Industrial Zone.
Geraldine Fossile
43 Spring Street
Ms. Fossile stated that she was upset with the developer for not having the proper sized plans for the audience to see. She also stated that the not for it and stated “it’s like a picture not finished”. She had question regarding the parking lots.
Mr. Schorer stated that if and when there are buildings to be built, he will have to follow the guidelines for parking that are governed by the City’s Zoning Ordinance.
Steven Walters
290 Elm Street
Mr. Walters has concerns about the traffic and asked about a traffic study.
Mr. Schorer stated that a traffic study will be done if and when they go through the Site Plan Review Process.
Dayna Walters
290 Elm Street
Ms. Walters agreed with Mr. Walters and the traffic concern.
In General
Mr. Fay asked the proponent to list the waivers, including the request of the road length at 401 Elm Street and what he could build as a matter of right. Mr. Schorer stated the waivers do include the request of a longer road length and by right could build an office building.
Mr. Fay has also walked the site and made a few comments about the disarray of the fencing, a car on blocks and pile of debris behind 289 Elm Street. He also stated that the non-buildable conservation area would be a great site for a walking trail.
Mr. Schorer stated that he was not opposed to looking into the donation of a portion of the land to conservation efforts. He also stated that he has been generous in giving property for the Historical Society.
Ms. Fenby was surprised that no representative from the Historical Society was available at the meeting. Mr. Kerrigan read back into record the letter received by Mr. Kane and Ms. Licht of the Historical Society that was dated July 10, 2008. In this letter, the Society Stressed needing a long term lease for the property and or owning the property outright on order to qualify for grants to historical properties.
Mr. Kerrigan spoke regarding the waivers for the property, the current driveways already exist, and they would be turned into cul-de-sacs.
The pubic hearing closed at 7:58pm.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To refer the definitive subdivision to the City Engineer for a full review.
On a motion by Mr. Fay, seconded by Mr. Coveney it was duly voted:
To send sheets D & E to the Conservation Commission for their review and have them report back to the Planning Board.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Cullen provided a new subdivision status report. He was happy to report some work has been done to the Fiddlehead subdivision and stated that several subdivisions are nearly completion.
Davis Estates (Bouvin Drive)
Subdivision Checklist
The subdivision checklist was submitted to the Planning Board. The checklist consisted of having the landscape done at lots 13, 14 and 15 by June 2009; having all sidewalks and top coat completed by September 2009; finish the completion schedule as stated on estimated for the City Bond; and by December 2009 get road approved and certified to become a public way.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file the correspondence, to refer the correspondence to the City Engineer for his review.
Devonshire at 495
Request for Extension
Attorney David Gadbois is requesting an extension of the Covenant for Devonshire at 495. He has included an amended covenant for the City Solicitor to review and it does include the anti-blight language.
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To accept and file the correspondence; and to refer the amended covenant to the City Solicitor for his review.
Subdivision Checklist
Scott Weiss, a representative from the Gutierrez Company, gave a summary of the work completed on site, the current status and the anticipated schedule to complete the work. The Gutierrez Company and the Marlborough/Northborough Land Realty Trust partnered with the City to apply and receive from the Commonwealth of Massachusetts for an upgrade at the City’s Westerly Wastewater Treatment Plant. They also applied to the Conservation Commission for a new Order of Conditions under the Massachusetts Wetland Protection Act.
No significant construction work has been completed. The site has been used as a storage site for soil storage associated with the development of other land. As stated in his letter, Mr. Weiss stated, current economic conditions, the site may not be developed until they have interest to build on the site, hopefully fall of 2010.
On a motion by Mr. Hodge, seconded by Mr. Kerrigan it was duly voted:
To accept and file the correspondence; to refer the subdivision checklist to the City Engineer.
Forest Trail (Mosher Lane)
Correspondence from Attorney Burger
A fax was received from Attorney Burger showing evidence that all real estate taxes for Forest Trail Subdivision have been paid and are current. He is requesting that the Planning Board release the Amended Covenant and Restated Agreement that was voted on April 6, 2009 per the agreement that Mrs. Lizotte hold it until proof of taxes are current was provided.
On a motion made by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file the correspondence; and to release the amended agreement.
PENDING SUBDIVISION PLANS: Updates and Discussion
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
SIGNS
Solomon Pond Mall
KayGee Signs
The Board members took no action.
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. Coveney, seconded by Mr. Kerrigan, it was duly voted:
To adjourn at 8:26 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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