PLANNING BOARD MINUTES
November 9, 2009
7:00 PM
The Planning Board for the City of Marlborough met on Monday, November 9, 2009 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Steven Kerrigan, Phil Hodge, Edward Coveney, Robert Hanson and Sean Fay. Also present: Assistant City Engineer Richard Baldelli.
MINUTES
Meeting Minutes October 26, 2009
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file the Meeting Minutes of October 26, 2009.
CHAIRS BUSINESS
Narcotic Detoxification
The Planning Board discussed the proposed Narcotic Detoxification and/or Maintenance Facilities to Chapter 40A of the Zoning Ordinance.
On motion of Phil Hodge, seconded by Kerrigan, with Mr. Fay abstaining, it was voted to provide the City Council with a negative recommendation.
Mr. Fay stated that his reason for abstaining was that although the ordinance needs some fine tuning, he could not support a blanket unfavorable recommendation. Mr. Fay also requested that the Board provide specific comments to the City Council instead of only an up or down vote. The consensus of a majority of the Board was that although the City had a legitimate interest in controlling where narcotic detoxification could be located in an effort to protect residential neighborhoods and other sensitive areas, that the Board could not support all of the language of the ordinance in its current form.
The Board members made the following recommendations:
1. That the City Council should consider permitting a narcotic detoxification center at the hospital.
2. That the City Council should consider permitting a narcotic detoxification center in zones that permit medical office buildings subject to applicable buffer zones.
3. That the City Council consider reducing the buffer zone from 2,000 feet, and compare the maps of buffer zones of 1,000, 750 and 500 feet. ~
4. That the City Council remove or clarify the competition language in the current draft of the ordinance.
5. The traffic study requirements should not be imposed in such a way that the study requirement becomes prohibitly expensive for applicants.
6. That the City Council modify the current language of the ordinance to make the ordinance neutral as to whether a narcotic detoxification center could be permitted in the City, instead of making the ordinance overly restrictive in an effort to reduce the possibility of future litigation. This recommendation is made in recognition that a for-profit narcotic detoxification center could only be opened within the City by special permit, providing the City Council with an additional opportunity to protect
neighborhoods and sensitive areas/uses. ~
APPROVAL NOT REQUIRED PLAN
Bolton Street & Hudson Street
Mr. Baldelli presented the ANR plan to the Planning Board. In correspondence from the City Engineer, Mr. Cullen stated that the City is the proponent requesting the subdivision of the following Map 30, Parcels 4,4B, 4C and 4D. Parcel B is descriptive only and not intended to be a buildable lot. Mr. Cullen noted the following:
§ City Council Order No. 07/08/09-1001680A-1 indicated that the Commissioner Ronald LaFreniere declared a parcel of land on Bolton Street to be surplus.
§ City Council Order No. 07/08/09-1001680A-2 indicates that the City Council transfers the care, custody, management and control of approximately 3.09 acres defined as “Parcel B” from the DPW to the City Council for another specific municipal purpose, namely to make that parcel available for sale.
§ City Council Order No. 07/08/09A-3 indicated that the City Council requests the Legal Department and/or DPW to cause Parcel B as previously defined be indentified on a descriptive plan, including any easements the City must retain, for recording as a deed of conveyance, and further request the Legal Department and/or DPW to obtain an appraisal of Parcel B as required by MGL.
Cynthia Panagore-Griffin, the Assistant City Solicitor, stated that the owners of the medical building asked the City of Marlborough if they were willing to sell a portion of the landfill to them so that their land would comply with the frontage requirement for the current zoning. Ms. Panagore-Griffin stated that the balance of the current landfill land may be possible recreation fields in the future.
Mr. Fay asked about the paper streets. Mrs. Panagore-Griffin stated that those paper streets date back to 1940 and would be too narrow to be considered streets today.
On a motion made by Mr. Kerrigan, second by Mr. Coveney it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of City of Marlborough. of 135 Neil Street, Marlborough, MA 01752. Name of Engineer: Engineering Thomas Dipersio of Thomas Land Survey, 265 Washington Street, Hudson, MA 01749. Deed of property recorded in South Middlesex Registry of Deeds book 9481, page 554. Location and description of property: located on Bolton Street on Assessors Map 30, Parcels 4, 4B, 4C and 4D.
PUBLIC HEARING
TABLED FROM OCTOBER 26
Proposed Zoning Change
400 South Street LLC, Map: 93 Parcels 18A, 19, 20, 22, 23, 32, 101 & 103
7:30
The Planning Board of the City of Marlborough held a public hearing on Monday, October 26, 2009, at 7:30p.m. in Memorial Hall, 3rd Floor, City Hall, 140 Main Street, Marlborough on the consideration to changing proposed change to the Zoning Map by petitioners 424 South Street and 428 South Street, LLC. Members present: Chairperson Barbara L. Fenby, Clerk Steven Kerrigan, Philip Hodge, Edward Coveney, Robert Hanson and Sean Fay. Also present: City Engineer Thomas Cullen.
Mr. Kerrigan read the advertisement into record.
Notice is hereby given that the Planning Board of the City of Marlborough will hold a public hearing on Monday, October 26, 2009, at 7:15 P.M. in the Memorial Hall, 3rd floor, City Hall, 140 Main Street, Marlborough, Massachusetts on the petition of 400 South Street LLC, 424 South Street LLC and 428 South Street LLC, all hereinafter referred to as “Petitioners”, which said Petitioners each own land which is subject to this proposal, to amend the Zoning Map of the City of Marlborough, said map being referred to in the Marlborough Zoning Ordinance, Chapter 650 Section 650-8 of the Marlborough City Code, by rezoning certain parcels of land on South Street, shown on the Marlborough Assessors Maps as Map 93 Parcels 18A, 19, 20, 22, 23, 32, 101 and 103, removing said parcels from an Industrial
(I) District and including them in a Commercial & Automotive (CA) District.
Attorney Bergeron brought in the Assessor’s Map 93 to show the correct parcel. After further review, Map 93, on the GIS Zoning map shows parcel 21 being the whole parcel. Parcel 21, according to the Assessor’s Map is a little parcel behind the brook and it is shown as a dotted line, which the City of Marlborough owns. Mr. Bergeron stated once again the reasons for asking for the change to the Zone. The Owners of the parcels do currently do work on commercial trucks and vehicles and the zone would be better suited as Commercial Automotive.
Mr. Marilyn Gaudette
21 Mill Street Central
Ms. Gaudette asked for Mr. Bergeron to identify all the parcels on the map.
Mr. Hodge asked if the neighbors, Fossile Construction, were aware of this zone change since they seemed surprised at the last meeting. Mr. Bergeron stated that he did send their attorney a letter of the proposed zone change but no correspondence returned. Mr. Bergeron also stated that according to Chapter 40 of the MGL, he was not required to send notices to the abutters. Mrs. Lizotte stated abutter notices that were sent out for the Planning Board.
The Public Hearing Closed at 7:30 pm.
Mr. Kerrigan asked if Mr. Reid, Zoning Officer, or Ms. Savoie, City Planner, had any opinion on this matter. Mrs. Lizotte could not comment for either party.
On a motion made by Mr. Fay, seconded by Mr. Coveney it was duly voted:
To ask for written comments by Mr. Reid, Ms. Savoie, and Fossile Construction for their input on the Proposed Zoning Change.
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
There were no new updates at this time.
Acre Bridge Estates
Correspondence from City Council
The City Council referred the acceptance of the subdivision to the Planning Board.
On a motion made by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To send a favorable recommendation to the City Council to accept the subdivision known as “Acre Bridge Estates”.
Blackhorse Farms (Slocumb Lane)
Cider Mill Estates (Goodwin Drive)
West Ridge Estates (Dufrense Drive)
At the last meeting, the Planning Board asked Mr. Rider to research the possibility of rescinding the released lots in the subdivisions. He stated that he was having a disconnect when he reviewed all the facts and the work that was being done was part of the building process, not under the jurisdiction of the Planning Board. He also stated that maybe Ms. Wilderman was able to provide more information on why she thinks the Planning Board’s jurisdiction would have the right to rescind the subdivision when the work on the berm is considered part of the Site Plan Review or the Building Department Review.
Mr. Fay also asked about the impact of the expired covenants. It is his understanding that if the Lots are rescinded the City would have to complete the streets. Mr. Baldelli informed the Board that there is not enough bond monies to complete the work needed.
Mr. Fay asked the City Solicitor about two cases that he found from Town of Kingston and the Town of Sandwich, where the Planning Board successfully rescinded the subdivision lots. Mr. Rider stated that he was not able to ask the Planner of Sandwich and the Planner for Kingston was too new as the City Planner to know the history of the rescission of lots.
The Planning Board is asking for Ms. Wilderman and Mr. Rider to attend the next meeting to discuss the subdivision.
Crystal Ridge Estates (Danjou Drive)
Correspondence from Crystal Ridge Realty Trust
The Developer copied the Planning Board in their correspondence to the City Council requesting the subdivision acceptance.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence.
Davis Estates (Bouvin Drive)
Request for Bond Reduction
At the last meeting, the Planning Board referred the request for a bond reduction to the City Engineer. Mr. Baldelli provided the following information:
· Initial Bond =$810,000 (October 24, 2005)
· Bond Reduction = $367,000 (March 12, 2008)
· Bond Reduction = $328.000.00 (May 27, 2008)
Mr. Baldelli stated that based on the review by the Engineering Division, the Planning Board should consider reducing the bond from $328,000 to $187,000. He also noted that the subdivision construction is on schedule and that the developer has been responsive to the concerns of the Engineering Department.
Mr. Fay questioned Mr. Baldelli on the wording of the letter. In past letters, the Engineering Department used “recommend” and this letter they used “consider”. This did not mean that Engineering did not oppose the bond reduction. Mr. Baldelli stated he and Mr. Cullen discussed the changing of the words to consider and not recommend. He will report back to Mr. Cullen regarding the dispute.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence; reduce the bond from $328,000.00 to $187,000.00.
Request to Plow Correspondence
Mr. Baldelli stated that at the Developer’s request they have reviewed the subdivision site conditions for snow and ice removal and finds the subdivision acceptable for snow removal. The City of Marlborough’s Department of Public Works has notified the Commissioner of Public Works that the subdivision meets all the requirements for snow and ice removal and should be placed on the list for plowing. The letter to the City Council from DPW Commissioner is included with the correspondence.
On a motion made by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence.
Forest Trail (Mosher Lane)
Correspondence from Attorney Burger
Mr. Burger stated that he and his clients are still in discussion with Fire Chief Adams suggestion over the gate at the trail entrance with the Knox lock system. He is asking for a postponement of any action until the November 23, 2009.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence and to postponing action as requested; to ask the Fire Chief for a written status.
PENDING SUBDIVISION PLANS: Updates and Discussion
Marlborough Elms (289 & 401 Elm Street)
On a motion made by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To send correspondence to the Engineer for a status update on the revised plans.
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 8:23 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
| 
