PLANNING BOARD MINUTES
September 28, 2009
7:00 PM
The Planning Board for the City of Marlborough met on Monday, September 28, 2009 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Steven Kerrigan, Phil Hodge, Edward Coveney and Sean Fay. Also present: City Engineer Thomas Cullen.
MINUTES
Meeting Minutes September 28, 2009
On a motion by Mr. Kerrigan, seconded by Mr. Coveney, with Mr. Hodge abstaining it was duly voted:
To accept and file the Meeting Minutes of September 14, 2009.
On a motion made by Mr. Kerrigan, seconded by Mr. Fay, it was duly voted:
To move Subdivision Progress Reports 5 B to discuss at this time.
Subdivision Progress Reports
Blackhorse Farms & Cider Mill Estates
Code Enforcement letter, September 25, 2009
Ms. Wilderman sent correspondence to Slocumb Realty, LLC and West Hill, LLC stating that she was issuing a stop work order for changing the original plan, stockpiling on both subdivisions while operating under an approved subdivision. She stated that the “individuals from your clients company sought approval from the Building Commissioner”. The Building Commissioner cannot give approval, the Planning Board would the granting authority. Ms. Wilderman also stated that the stockpiling of material on site without a valid building permit is a violation of the Marlborough City “Blight” ordinance.
She suggested that the Developers attend the Planning Board Meeting tonight and if the Planning Board came back with a favorable decision then they are allowed to resume work at both subdivisions on Tuesday September 29, 2009.
On a motion made by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file the correspondence.
Correspondence from Attorney Beattie, September 24, 2009.
Attorney Beattie sent correspondence in response to Ms. Wilderman’s stop work order. In his letter he states that Ms. Wilderman should reexamine the stop work order since Mr. Seaberg was granted approval for the stockpiling of material by Mr. Reid, Building Commissioner. The stockpiling of materials was for a berm that was created for the Commonwealth sound a barrier for the state highway.
On a motion made by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file the correspondence.
Correspondence from Attorney Beattie, September 28, 2009
Attorney Beattie responded to Ms. Wilderman’s letter dated on September 25, 2009. He states that stockpiling clean fill at a job site falls short of her definition of blight under the City Code. He stated that the condition is not a “nuisance” and does not “seriously impair the value or appearance of the property”. The City Code definition of “building materials” excludes full, as certainly fill is not incorporated into a structure, not commonly used in constructing in any structure. As he stated the stop work order of September 24, 2009 was not properly grounded with Code of Massachusetts regulations, and the letter by Ms. Wilderman dated on September 25, 2009 fails to describe conduct in violations with the Marlborough City Code. With this reason, he stated that his clients
will continue to operate as allowed by Mr. Reid and his clients will not be at the Planning Board meeting.
On a motion made by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file the correspondence.
The Ward Councilor, Joseph Delano, attended the meeting and stated the residents were not happy with the constant blasting of ledge and movement of 18 wheeler trucks. He stated he spoke with the developer about fixing the damaged homes in the surrounding areas and yet they are still not fixed. Mr. Delano also stated that he witnessed the trucks in and out of the commercial site brought in to the Blackhorse site. He stated that is site is being used as a Quarry not a residential building site.
Ms. Wilderman attended the Planning Board meeting. She stated that this situation goes back to 2004 when the developers were starting work on Indian Hill and the West Hill Subdivisions. The developer circumvented the subdivision approval by continually presenting plans or plan changes to the Building Commissioner without presenting to the Planning Board or notifying the Commissioner that the are under agreement with the Planning Board.. She stated that it was simply her intention to stop the activity long enough to have the developer present their plans to the Board. While the Building Commissioner’s comments are valid on any project, they do not constitute Planning Board approval.
Ms. Wilderman also stated that it would appear that the subdivision approval for all three subdivision approval for all three of the subject properties has expired. She is suggesting that they be requested to show proof of extension and if none is available that Board could considered terminating approval. This would require a new submittal along the new plans, public hearings, etc.
Ms. Wilderman also stated that if the Planning Board does rescind the subdivision approvals the developers would still own the land but would be in violation of the zoning ordinance by stockpiling material on any property of which they do not have a valid building permit.
Ms. Fenby asked how the Board what their opinions were on how to proceed. Mr. Kerrigan is asked the City Solicitor, Donald Rider, what they legally allowed to do. Mr. Rider stated that the standard agreement of the covenant is only for two years and that it is up to the proponent to follow through and request the extension through the Planning Board. Mr. Rider also pointed out that the developers have continually violated both the Zoning Rules and Regulations and the Blight Ordinance.
On a motion made by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To direct Ms. Lizotte, along with Mr. Rider and Ms. Wilderman, to draft correspondence to all parties with all three subdivisions that the subdivisions have lapsed in their subdivision approvals and extensions; to recommend to come before the Planning Board with new definitive subdivision plans and to allow Ms. Wilderman to continue enforcement action where deemed necessary once a determination of the subdivision status is made.
CHAIRS BUSINESS
Central Massachusetts Regional Planning Commission
Results of Transportation Study
The Planning Board asked for the study to be emailed with a copy sent to Mr. Johnson. All comments will be reported back to Mrs. Lizotte who will then send them to Mr. Draisen.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file the correspondence; refer all comments back to Mrs. Lizotte.
Correspondence from City Council
Rezoning of South Street
On a motion by Mr. Kerrigan, seconded by Mr. Coveney, with Mr. Fay abstaining it was duly voted:
To schedule a public hearing for October 26, 2009 at 7:30.
APPROVAL NOT REQUIRED PLAN
Toll Brothers
Letter from Engineering
The City Engineer has reviewed the ANR known as “Crowley Drive”. He has asked Attorney Bergeron if there is any proper certifications by the City Clerk regarding the maintenance of Crowley Drive since it is a statutory private way. Mr. Cullen stated that until a clarification is provided related to the “private way”, in a form of a certification from the City Clerk, he will not be able to provide a favorable recommendation.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence.
Letter from Attorney Bergeron
Mr. Bergeron is asking to continue the consideration of the ANR Plan known as Toll Brothers until the next meeting on October 5, 2009.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To grant the extension of the ANR submittal to October 5, 2009.
Pleasant Street/Fitchburg Street
Correspondence
Mr. Steen is asking to withdrawal his ANR plan without prejudice.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence; to grant the withdrawal without prejudice of the ANR known as Pleasant Street/Fitchburg Street.
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Cullen stated he had no written update. He did advise the Board on several subdivisions:
· Davis Estates: curbing and sidewalk installed
· Berlin Farms: Binder coat completed
· Acre Bridge: ponding on first lot still occurring
· Crystal Ridge: almost completed, working through plans
Forest Trail (Mosher Lane)
City Engineer Update
Mr. Cullen wants to review the subdivision file before he can comment on any waiver request.
Correspondence from Attorney Burger
Attorney Burger is asking for a postponement of action until the October 5, 2009 meeting. Fire Chief Adams sent correspondence to the Engineering Department regarding a KNOX lock system and Mr. Burger would like enough time for his developer to have a more detailed conversation with Fire Chief Adams.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence; to postpone any discussion on the waiver requests until the next meeting.
PENDING SUBDIVISION PLANS: Updates and Discussion
Marlborough Elms (Elm Street)
Extension Request
Stephen Campbell of Highland Engineers is requesting on behalf of his clients a three month extension. He stated they need more time to review the comments from the City Engineer.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney, it was duly voted:
To accept and file correspondence; grant an extension to December 23, 2009 and to strongly urge to have all updated plans to the City Engineer prior to November 23, 2009 for his review.
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
SIGNS
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 8:05 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
| 
