PLANNING BOARD MINUTES
January 11, 2010
7:00 PM
The Planning Board for the City of Marlborough met on Monday, January 11, 2010 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Steven Kerrigan, Philip Hodge, Edward Coveney, Robert Hanson and Sean Fay. Also present: Assistant City Engineer Richard Baldelli.
ELECTION OF OFFICERS
ELECTION OF PLANNING BOARD OFFICERS 2010
The gavel was turned over to Ed Coveney to serve as Chairman Pro Tem for the election process.
Barbara Fenby was unanimously re-elected as Chair for the year of 2010.
Steve Kerrigan was unanimously re-elected as Clerk for the year of 2010.
On a motion by Mr. Coveney, seconded by Mr. Fay, it was duly voted:
To appoint Barbara L. Fenby as Chairperson and Steve Kerrigan as Clerk for a term to expire on December 31, 2010.
Mr. Coveney returned the gavel to Chairperson Fenby.
MINUTES
Meeting Minutes December 21, 2009
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To accept and file the Meeting Minutes of December 21, 2009 with amendments.
CHAIRS BUSINESS
APPROVAL NOT REQUIRED PLAN
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To move up the discussion of 5B.
5B) Blackhorse Farms, Cider Mill Estates & West Ridge Estates
The Planning Board has been reviewing the subdivisions for compliance. At a previous meeting the Planning Board asked the City Solicitor in regards to rescinding the lots that were previously released and if there was any community that successfully rescinded the lots. His answer was simply no on both accounts. Mr. Kerrigan and Ms. Fenby were not at the December 7, 2009 meeting when this was read into record.
Councilor Levy spoke on how he was the new Chair of Urban Affairs. He stated he was trying to understand the issues, range of power and close the “gaps”.
Councilor Delano asked how the developer of the Blackhorse Farms development was allowed to fence the roadway not allowing a vehicle to turn around on the roadway. Ms. Lizotte stated that this has been in back and forth with the Engineering Division as well as the Building Department. She also stated that because of the issue with blight (constituents placing debris off the hill), the developer, placed the fence to prevent this from happening. There were also questions regarding the past use of the rock crushing at this site.
Ms. Fenby then asked the Planning Board how they would like to proceed. Mr. Fay stated that he would still not rule out rescinding the lots that have not been built on even though the City Solicitor advised the Planning Board that was not an option. It was also suggested to have the Building Commissioner, Code Enforcement Officer and the City Solicitor attend the next meeting to conduct a “round table” discussion regarding the status of the subdivisions and for their collective input. Ms. Fenby collectively asked the Board what they would like to discuss with the attendees at the next meeting:
· Code Enforcement’s Stop Work Order on September 25, 2009
§ Anything corrected with this original stop work order
· Is this out of the Planning Boards Jurisdiction or is this Site Plan, Building or DPW
· Where if any is there a gap
Update from City Engineer
There is no update at this time.
Forest Trail (Mosher Lane)
Mr. Burger sent correspondence stating he is still in discussion with developer regarding the waiver requests. He is asking for an postponement of the waiver request until the next meeting on January 25, 2010.
The first vote to grant an extension and have the Attorney Burger appear at the next meeting was defeated with the following vote by Mr. Kerrigan, seconded by Mr. Coveney, with Ms. Fenby, Mr. Hodge, Mr. Fay and Mr. Hanson opposing.
Several members of the Planning Board spoke how this waiver request is now entering in its third month for delays by the developers’ attorney. Mr. Hodge asked if they took a vote to deny without prejudice, would this be legally binding and to have the attorney to come back when all the waiver requests have been discussed between the developer and the attorney.
On a motion made by Mr. Hodge, seconded by Mr. Fay, with Mr. Kerrigan opposing, it was duly voted:
To DENY without prejudice the waiver request.
PENDING SUBDIVISION PLANS: Updates and Discussion
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
SIGNS
INFORMAL DISCUSSION
COMMUNICATIONS/CORRESPONDENCE
On a motion by Mr. Coveney, seconded by Mr. Kerrigan, 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. Hanson, it was duly voted:
To adjourn at 8:00 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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