PLANNING BOARD MINUTES
May 11, 2009
7:00 PM
The Planning Board for the City of Marlborough met on Monday, May 11, 2009 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Chairperson, Steven Kerrigan, Philip Hodge, Clyde Johnson, Robert Hanson, Edward Coveney and Sean Fay. Also present: Assistant City Engineer Richard Baldelli.
MINUTES
Meeting Minutes April 27, 2009
On a motion by Mr. Kerrigan, seconded by Mr. Fay, it was duly voted:
To accept and file the Meeting Minutes of April 27, 2009 with the minor changes.
CHAIRS BUSINESS
Residences of Oak Crest
Correspondence from Pat Alteri of Philbon-O’neil
Ms. Alteri apologized for the delay in responding to the request of recording. She has contacted the attorney who was responsible for recording the certificate of performance and has asked that attorney to forward that recording certificate to the Planning Board.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson, it was duly voted:
To accept and file the correspondence.
APPROVAL NOT REQUIRED PLAN
107 Phelps Street
Correspondence from Engineering
With Mr. Fay having a disclosed conflict, he stepped out of the room.
Mr. Timothy Collins, Assistant City Engineer, has reviewed the plan. He essentially stated that this is the same plan that was signed by the Planning Board on September 29, 2008 with the minor modifications as requested by the Land Court.
On a motion made by Mr. Kerrigan, seconded by Mr. Hodge it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of James J. & Noel Cain of 11 Bridle Path Drive, North Grafton, MA 01536. Name of Engineer: Inland Survey, Inc DBA Zanca Land Surveying 16 Gleasondale Road, Suite 1-2, Stow, MA 01775. Deed of property recorded in South Middlesex Registry of Deeds books 34318, page 424; LC 1245 page 175; Book 50728 pages 368, 370 and LC 4143 pages 497 and 498.
Mr. Fay returned to the meeting.
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Baldelli stated at this time there were no new updates.
Crystal Ridge Estates (Danjou Drive)
Bond Return Request
Mr. Michael Norris, attorney for the developer, is asking for the road to be accepted, the deed to be approved and the bond to be released since the work has all been completed.
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To accept and file the correspondence, refer the correspondence to the City Engineer for a review of the subdivision and have him report back to the Planning Board at the next meeting.
Devonshire at 495
Amended Covenant
Assistant City Solicitor, Cynthia Panagore Griffin, sent an email stating that they have agreed on the language for the amended covenant; however the proponent will need to ask for an extension so his client can sign the agreement.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To accept and file the correspondence.
Extension
Attorney Gadbois is asking for an extension to June 9, 2009, to give enough time for his client to sign the amended covenant.
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To grant an extension of the subdivision until June 9, 2009.
Elm Farm Valley Estates (Cleversy Drive)
Mr. Norris is requesting on behalf of his clients to release the bond for this subdivision as he states in his correspondence that all work is completed. He has previously submitted to the City Engineering department the proposed deed and acceptance to the City Council.
On a motion by Mr. Kerrigan, seconded by Mr. Hodge it was duly voted:
To accept and file the correspondence, refer the correspondence to the City Engineer for a review of the subdivision and have him report back to the Planning Board at the next meeting.
Orchard Estates III (Balcom Road & Miele Road)
Attorney Norris is requesting a release of bond monies to be returned to his clients. He stated his clients have already completed the necessary work which included the proposed deeds, final as-builts and road acceptances.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file the correspondence, refer the correspondence to the City Engineer for a review of the subdivision and have him report back to the Planning Board at the next meeting.
Trump Estates (Fish Lane & Littlefield Lane)
Attorney Norris is requesting a release of the bond monies from this “old subdivision”. He stated that the acceptances have previously all been submitted to the City Engineers office and is awaiting acceptance.
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To accept and file the correspondence, refer the correspondence to the City Engineer for a review of the subdivision and have him report back to the Planning Board at the next meeting.
PENDING SUBDIVISION PLANS: Updates and Discussion
Marlborough Elms
Code Enforcement Correspondence
Ms. Wilderman made the Planning Board aware that she has a pending code enforcement action at 401 Elm Street and that Mr. Schorer has not made efforts into reconciling the action. She stated in her letter that he on his property she found doors padlocked, large storage of furniture without proper fire suppression systems and the building is not being maintained to allow access of a fire apparatus vehicle.
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To send correspondence to the proponent asking him to give a status update of the enforcement action.
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
SIGNS
28 South Bolton Street
At the meeting on February 9, 2009, the Planning Board approved a 9 foot message board variance with the conditions that the message board would be used for charitable events as well as their own private use, would be tasteful and there would be no more flatwall signs on the existing building.
Mr. Cohen came before the Board to discuss the variance conditions including the restriction of the flatwall signs. He stated when him and his landlord, Re/Max Signature Properties, was not aware at the time that there could ne more flatwall signage when agreeing to the variance request. At the current time there is no signage on the building except for an awning, which was pointed out had no permit by Mrs. Lizotte.
Mr. Fay stated that the proponents showed bad form in asking for a variance when there was a non permitted sign already existing on the premises without the proper permits.
Mr. Kerrigan stated he would have no issue with changing the variance.
Mr. Hanson agreed with Mr. Kerrigan.
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To accept and file the correspondence.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To amend the original variance to allow the 9 square foot message board for business use and charitable uses; to allow flatwall signage with the appropriate permits.
INFORMAL DISCUSSION
COMMUNICATIONS/CORRESPONDENCE
On a motion by Mr. Kerrigan, seconded by Mr. Hodge, 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. Kerrigan, it was duly voted:
To adjourn at 7:46 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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