PLANNING BOARD MINUTES
June 8, 2009
7:00 PM
The Planning Board for the City of Marlborough met on Monday, June 8, 2009 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Steven Kerrigan, Clyde Johnson, Robert Hanson and Sean Fay. Also present: Assistant City Engineer Richard Baldelli.
CHAIR PRO TERM
Mr. Johnson nominated Mr. Fay to be chair pro term for this meeting.
On a motion by Mr. Johnson, seconded by Mr. Hanson it was duly voted:
To elect Mr. Fay as chair pro term for the meeting.
MINUTES
Meeting Minutes May 11, 2009
On a motion by Mr. Kerrigan, seconded by Mr. Hanson, it was duly voted:
To accept and file the Meeting Minutes of May 11, 2009 with the minor changes.
CHAIRS BUSINESS
Residences of Oak Crest
Proof of Recording
Mrs. Lizotte was informed that the recording of the Certificate of Performance for the Residence of Oak Crest has been recorded with the South Middlesex Registry of Deeds.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson, it was duly voted:
To accept and file the correspondence.
28 South Bolton Street
Mr. Fay asked Mrs. Lizotte if she knew if the owners of the property at 28 South Bolton Street had applied for their non permitted awning as discussed at the meeting on May 11, 2009. Mrs. Lizotte stated she has not seen the permit. Mr. Fay suggested sending a letter to the owners reminding them they need to pull a permit for their awning.
APPROVAL NOT REQUIRED PLAN
107 Phelps Street
Mylar Signing
Mr. Kerrigan signed the Mylar.
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)
Correspondence from Engineering
Mr. Baldelli, Assistant City Engineer, has reviewed the current status of the subdivision. He explained the remaining work includes as-builts, plan of acceptance and legal descriptions which are now being prepared by Thomas Land Surveying. There is still an issue with a sink hole in front of Lot 5 of Danjou Drive.
Mr. Baldelli stated that he is meeting the contractor on site this coming Wednesday to discuss the status of the subdivision.
Mr. Baldelli is recommending that the bond be reduced from $101,000.00 to $49,000.00. Mr. Kerrigan asked Mr. Baldelli if the $49,000.00 would cover the costs if the City has to complete the work. Mr. Baldelli did state reduction would cover the remaining the work if needed.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file the correspondence from Assistant City Engineer Richard Baldelli regarding the status of this subdivision and to recommend the reduction of the bond securing the subdivision from $101,000.00 to $49,000.00.
Devonshire at 495
Amended Covenant
Correspondence from Assistant City Solicitor
Ms. Panagore-Griffin stated that she has received the final version of the Amended and Restatement of Covenant for Devonshire @ 495, dated June 8, 2009. She forwarded an attachment of the tracked version to verify the document was one in the same. Mrs. Lizotte did verify it was the same document.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To accept and file correspondence; and to endorse the Amended and Restatement of Covenant, Recorded in the Middlesex South Registry of Deeds In Book 51814 Page 225, dated June 8, 2009.
Elm Farm Valley Estates (Cleversy Drive)
Correspondence from Engineering
Legal Status
Mr. Baldelli has reviewed the status of the subdivision. He explained some of the outstanding issues are pertaining to the As built plans are labeled incorrectly, the Plan of Acceptance needs to be clarified of the sewer easement or utility easement, if the rights to the easements been deeded to the City of Marlborough and legal descriptions need been corrected.
Mr. Baldelli verbally stated that the Engineering Department has sent letters to the current homeowners on Cleversy Drive who have the easement through their yards and no response has been received. Mr. Fossile and his Attorney Michael Norris also have spoken with the owners and they have not responded to their request. At this time they are going to try once more to reach an agreement with the neighbors before the will discuss an inanimate domain.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To accept and file the correspondence from Assistant City Engineer Richard Baldelli regarding the status of this subdivision and to recommend the reduction of the bond securing the subdivision from $47,000.00 to $35,000.00.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To send correspondence to the Legal Department asking them the current status of the legal description for Elm Farm Valley Estates and to report back to the Planning Board with it’s status.
Orchard Estates III (Balcom Road & Miele Road)
Correspondence from Engineering
Mr. Baldelli stated that he has reviewed the subdivision. He stated that the “Mylar” acceptance plans still need to be provided, the legal description needs to be submitted and all updates needs to be provided. Mr. Baldelli did not have the proper time to review the file and stated that at the next meeting he will have a more comprehensive review of the file. He is recommending a reduction from $177,000.00 to $129,000.00.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To accept and file the correspondence from Assistant City Engineer Richard Baldelli regarding the status of this subdivision and to recommend the reduction of the bond securing the subdivision from $177,000.00 to $129,000.00.
PENDING SUBDIVISION PLANS: Updates and Discussion
Marlborough Elms
City Engineer Correspondence
Mr. Cullen stated in a memo to Mr. Baldelli the initial review of the subdivision plan is still inadequate. They are still waiting for an on-the-ground surveys to be conducted, comments on an earlier submission still has not be addressed and the plans have not complied with all the pertinent information needed for further review of the plans.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file the correspondence.
Correspondence from Cliff Schorer
Mr. Schorer sent correspondence regarding that he was in receipt of the Code Enforcement concerns. The enclosed letter he sent to Code Enforcement that addresses the Code Enforcement concerns of the deadbolts, the excess cars and the fire alarm system.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To accept and file the correspondence.
Correspondence from Code Enforcement
Ms. Wilderman replied back to Mr. Schorer stating that she has spoken to his tenants regarding their excess vehicles. She is still awaiting a report from the licensed professional as requested in her original letter regarding the fire alarm testing.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file the correspondence.
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
SIGNS
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. Johnson, seconded by Mr. Kerrigan, it was duly voted:
To adjourn at 8:14 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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