PLANNING BOARD MINUTES
November 23, 2009
7:00 PM
The Planning Board for the City of Marlborough met on Monday, November 23, 2009 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Steven Kerrigan, Clyde Johnson, Robert Hanson and Sean Fay. Also present: Assistant City Engineer Richard Baldelli.
MINUTES
Meeting Minutes November 9, 2009
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file the Meeting Minutes of November 9, 2009 with amendments.
CHAIRS BUSINESS
South Street Proposed Rezoning
Correspondence from City Council
A copy of the correspondence from Attorney Bergeron requesting withdrawal of his application to rezone certain properties along South Street.
On a motion by Mr. Kerrigan, seconded by Mr. Fay, it was duly voted:
To accept and file the request without prejudice.
Correspondence from the City Planner
Ms. Nancy Savoie, the City Planner, sent correspondence to the Urban Affairs Committee and to the Planning Board. She stated that she and the Building Commissioner, Stephen Reid, agreed that the change in zoning would bring the existing land use in line with proper zoning, that the properties do abut residential area and is highly visible. They are suggesting that the City Council should consider bulk and dimensional requirements of the CA zone and they should also look into increasing lot size, set backs, landscaping, screening and frontage to improve the overall visual quality of the CA zone.
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To accept and file correspondence.
APPROVAL NOT REQUIRED PLAN
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Baldelli informed the Board that the Engineering Department is reviewing the plans for the Forest Grove Subdivision and is expected to make a recommendation for approval in an upcoming meeting.
Blackhorse Farms (Slocumb Lane)
Cider Mill Estates (Goodwin Drive)
West Ridge Estates (Dufrense Drive)
Correspondence from City Solicitor
On a motion by Mr. Kerrigan, seconded by Mr. Hanson, it was duly voted:
To table the discussion.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson, it was duly voted:
To remove the discussion off the table.
Blackhorse Farms
The City Solicitor, Donald Rider, was asked by the Planning Board at a previous meeting regarding their authority under the subdivision control law to rescind the approved released lots for Blackhorse Farms and Cider Mill Estates. ~
Mr. Rider stated that the release of lots for Black Horse Farms was made prior to September 2004, when the developers engineer requested a bond amount request. A request was granted by the Planning Board and a Certificate of Performance was granted to the developer releasing all lots in the subdivision. ~He stated that the developer’s reported use of portion of Black Horse Farms as a rock-crushing operation has not yet been shown to have an adverse impact upon the developer’s performance of “the construction of the ways and the installation of municipal services”.
Mr. Rider stated the Planning Board, after a lot release or “Certificate of Performance Guarantee” only has authority over the installation of municipal services and construction of ways. Citing two other towns that have rescinded lots after approval, Kingston and Sandwich, the action taken did not further the projects.
He is also suggesting that in the future the Planning Board may want to only partially release lots as needed. He believes that by holding some of the lots, they have more leverage when it comes to the timeframe of the Covenant. He also stated that it would be more sensible to insert a condition onto future covenants if the developer’s failure to comply with Anti-Blight ordinance will result in automatic rescission of approval of lots not yet released. ~
Cider Mill Estates
In a similar letter to the Planning Board, Mr. Rider stated that with the release of lots from the covenant dates back to March 2006 and with a signed Certificate of Performance from the Planning Board releasing all lots.~ He also stated that the portions of the subdivision are being used as a place stockpile material and construction of an earthen berm is truly not desirable but nevertheless is not considered to be a part of the Planning Board’s jurisdiction. ~
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Mr. Fay stated that Mr. Rider did not answer the exact questions that were posed to him. It was Mr. Fay's understanding that the board referred these questions to Mr. Rider: first, whether there was a statutory or other prohibition that would preclude the board to rescind lot releases, and second, whether there was any specific statutory authority for rescinding lot releases. Mr. Fay thought that the board needed additional clarification. Mr. Fay also suggested that the board simultaneously request for Ms. Wilderman and Building Commissioner, Stephen Reid, address the board so that the record is clear as exactly how the developer has violated the terms of the covenant and applicable rules and regulations. Mr. Fay also stated that this issue is part of the larger issue of what exactly is the authority of the Board once lots have been
released from the covenant and questioned why the Board would receive notice of enforcement activities if the board lacked any jurisdiction. ~
Mr. Kerrigan stated that Mr. Fay’s logic was agreeable.
Mr. Baldelli stated that Mr. Rider was in tune to what the Engineering Department had previous stated. The matter of the stockpiling and rock crushing has very little to do with the Planning Board, and belongs with the Site Plan Committee, Engineering or the Building Department.
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To accept and file correspondence; to ask the City Solicitor the following questions: whether there was a statutory or other prohibition that would preclude the board from rescinding lot releases, and second, whether there was any specific statutory authority for rescinding lot releases.
On a motion by Kerrigan, seconded by Mr. Fay it was duly voted:
To ask the City Code Enforcement Officer, The Building Commissioner and the City Planner to attend the second meeting in January to discuss this matter further.
Country Club Estates (Stow Road)
Attorney Bergeron
Toll Brothers, LLC, is seeking ways to advance their subdivision acceptance. The subdivision was approved in December of 1993 and the developers were anticipating at the time the road widening of Stow Road. After several discussions with the Engineering Department, the City is not planning to widen Stow Road. The Developers and Attorney Bergeron have created a way to secure portions of the lots along Stow Road with enough land to maintain the present paved surface together with at least a 5 foot buffer to be conveyed to the City, if and when the road is widen. They have secured a copy of all deeds present for parcels 3,50,34,26,27, 30 and 33 in the information packet with the road layouts that were drawn by Mr. Robert Buckley of Beals and Thomas. Mr. Bergeron stated that the current bond is close to $246,000.00
and at this time he is looking for just the conscious of the Board before he requests any action prior going to the City Council for approval.
Mr. Bergeron is proposing that if the City Council approves he will take the following actions:
· City Solicitor will review all deeds
· ANRs will be drawn and submitted for review by the Planning Board
· Deeds will be registered prior to any property goes into foreclosure
All Board members agreed that this was one way to obtain a closure to the subdivision.
Crystal Ridge Estates (Danjou Drive)
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. Johnson it was duly voted:
To send a favorable recommendation to the City Council to accept the subdivision known as “Crystal Ridge Estates, Danjou Drive”.
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 December 7, 2009.
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To accept and file correspondence; to postpone action as requested to December 21, 2009; to ask the Fire Chief for a written status.
Mauro Farm (Cook Lane)
Request for Extension
Mr. Kerrigan read the disclosure letter from Mayor Stevens regarding Mr. Fay’s participation.
Martin Loiselle of Capital Properties is asking for an extension of the Subdivision Approval. He stated with the downturn of the economy, the company was unable to start the project on schedule. They are seeking an extension of the Covenant Approval.
Mr. Kerrigan asked if he prepared a subdivision status report, if the taxes were currant and the anti-blight report. Mr. Loiselle has not prepared any of the reports.
On a motion by Mr. Kerrigan, seconded by Mr. Hanson it was duly voted:
To GRANT and extension to December 23, 2009; to have the proponent seek a tax report, anti-blight report and prepare a subdivision status report.
PENDING SUBDIVISION PLANS: Updates and Discussion
Marlborough Elms (289 & 401 Elm Street)
No further update at this time.
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
SIGNS
INFORMAL DISCUSSION
COMMUNICATIONS/CORRESPONDENCE
On a motion by Mr. Kerrigan, seconded by Mr. Johnson, 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 8:28 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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