PLANNING BOARD MINUTES
January 25, 2010
7:00 PM
The Planning Board for the City of Marlborough met on Monday, January 25, 2010 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Steven Kerrigan, Philip Hodge, Clyde Johnson and Sean Fay. Also present: City Engineer Thomas Cullen.
MINUTES
Meeting Minutes January 11, 2010
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To accept and file the Meeting Minutes of January 11, 2010.
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To move up the discussion of 5B.
5B) Blackhorse Farms, Cider Mill Estates & West Ridge Estates
The Planning Board has invited Stephen Reid, Building Commissioner, Pamela Wilderman, Code Enforcement Officer and Donald Rider, City Solicitor to tonight’s meeting for a roundtable discussion. Also in attendance were Councilors Delano and Levy. Attorney for the developer, Jeffery Roelofs, was also in attendance.
Dr. Fenby asked what the current conditions of the subdivisions are. Ms. Wilderman stated she has suspended all action until it decided what action the Planning Board was able to take.
Mr. Reid gave an update from what he viewed earlier this afternoon at the Cider Mill and Westridge Estates. He stated that there was three homes built, 2 active permits with one homes foundation being excavated. He stated that both subdivisions have a binder coats. At Blackhorse Farms, he stated he was able to drive up the road to about 700 feet to the construction gate. He stated the road was plowed to a certain point to allow the one home in the subdivision have access to their driveway. Mr. Reid also stated that the gate was put up for necessity as it became a dumping ground for miscellaneous trash.
It was apparent that both Mr. Reid and Ms. Wilderman disagreed on several issues with all three subdivisions. Ms. Wilderman stated that the rock crushing, travel with the dump trucks and debris has had legitimate complaints by the neighbors as well as the City Councilors. She could understand that if they were activity building homes on the site she could understand. However the covenants have expired for all subdivisions.
Mr. Fay asked Mr. Reid since the building department received correspondence stating that the status of the subdivision was in doubt, whether or not further building permits should have been withheld. Mr. Reid answered that once a lot is released it then becomes comes to the Engineering Department and to the Building Department. Mr. Reid also stated that the purpose of the bond is for the completion of the subdivision (road ways and infrastructure). He also stated that a two year timetable to complete a subdivision rarely happens on multi lot subdivisions.
Mr. Fay also asked Mr. Reid if it was common practice under the current City ordinances for a developer to have a commercial rock crushing operation on dormant subdivision. The developer was using his subdivision to crush stone for another development he had in the city. Mr. Reid stated that the zoning rules do not allow raw material from Marlborough to leave Marlborough so the developer used his subdivision to perform this activity rather then the construction site on a busy main road.
Ms. Wilderman stated that there have always been issues with this developer. There has been several letters in the file asking them to cease and desist with the Cider Mill subdivision for the berm. She stated that the developer has continually lied to the Planning Board. She also states that the subdivision has become bothersome for the neighbors and that it’s not fair to have these subdivisions drag on for an allowed amount of time.
Joe Delano, City Councilor of Ward One, stated that the developer has ignored all the requests of the neighbors. The continuance of blasting has altered several homes and he has stated the developer has ignored the calls to fix the alterations.
Mr. Kerrigan asked about the lot release dates from the covenant. With the past few subdivisions that have expired covenants, the Planning Board had either revised the covenant or signed an amended agreement. However with this developer’s unwillingness to come back to the Planning Board; they have had to take other measures including entraining the idea of rescinding the lot releases.
Mr. Roeloff identified himself as the attorney for the developer.
City Solicitor Rider spoke to the board that the in the future there could be a surety of not releasing all lots at the same time. He then suggested to Mr. Roeloff that he should defer to his client about building the infrastructure and homes. Mr. Rider stated how it looks now on the subdivisions they are intended for other uses (i.e. rock crushing) which seems to be outside of the subdivision realm. Mr. Rider also suggested that the Planning Board has given several notices to come in and discuss the status of all subdivisions to his client that have all gone un-noticed by the developer; in which case the Planning Board would still a meeting with the developer.
Mr. Roeloff stated that he was fairly new to this matter. He stated he is going to defer back to his client to see if they are willing to entertain the idea of organized meetings to come to a resolution. He believes that the meeting should concur what should be prioritized what needs to be completed including a possible new agreement.
Mr. Hodge stated that we should not lose sight of protecting the lots. He stated that if the developer is serious about building the homes then the developer should think about completing the roadways and be willing to work with the Planning Board.
Mr. Rider then asked Mr. Roeloff if his client would entertain an amended covenant. Mr. Roeloff stated that he cannot comment what his client is willing to do, but an enforceable covenant would not be likely since a covenant with released lots already exists. However it is Mr. Roeloff’s belief that his client would be interested in a comparable compromise.
Mr. Kerrigan then stated that some of the past developers (Forest Trail) have entered into agreement that conclude the anti-blight ordinance. Mr. Roeloff stated he would speak to his client.
Mr. Fay asked the City Engineer if they had any other subdivisions up for bond reductions or acceptance. Mr. Cullen stated that there was one almost up for acceptance and that the Planning Board should have the matter before them soon. Mr. Fay then told Mr. Roeloff that he would not be in favor of any extensions or bond reductions until the enforcement issues has been addressed on these three subdivisions.
On a motion made by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To refer the matter to the Engineering Department; to have the Engineering Department meet with the developers and legal representatives and to report back to the Planning Board when an update is available.
The Members called a 5 minute break.
CHAIRS BUSINESS
2010 Meeting Schedule
On a motion made by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To accept the meeting schedule for 2010; to post with the City Clerk and post on the City Website.
City Council Agenda
The Members received notification that two members (Fenby and Coveney) are up for reconsideration for the Planning Board through the City Council.
APPROVAL NOT REQUIRED PLAN
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Cullen provided a new update. As he mentioned before, Forest Grove Subdivision is almost ready for the Boards consideration for approval.
Crystal Ridge (Danjou Drive)
Release of Bond Request
Cynthia Panagore-Griffin, Asst. City Solicitor for the City of Marlborough, has confirmed through correspondence that all records have been recorded through the Middlesex Registry of Deeds; the City has fully accepted the roadway and the remaining bond monies can be returned back to the developer.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence from the Assistant City Solicitor, to reduce the bond from $49,000.00 to $0.00 and to change the subdivision status to completed
Mauro Farms (Cook Lane)
Extension Request
Mr. Fay re-read the disclosure letter from Mayor Stevens regarding Mr. Fay’s participation.
Martin Loiselle, permitting manager for Capital Group Properties, has just submitted a draft of the subdivision completion schedule for consideration by the Engineering Department. He is asking to extend the time consideration for the extension request to February 12, 2010.
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To accept and file correspondence; refer the request to the Engineering Department for review and to GRANT an extension to February 22, 2010.
PENDING SUBDIVISION PLANS: Updates and Discussion
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
SIGNS
INFORMAL DISCUSSION
The Planning Board discussed its legislative goals for this year. While speaking with the City Solicitor they would like to resubmit to the City Council to amend to the Sign Permit. Mr. Rider stated he will review the amendment and then bring it back to the Planning Board prior going to the City Council.
Ms. Fenby and Mrs. Lizotte will talk to the IT department to complete a master calendar. The Planning Board would also discussed having the developers take responsibility of having their own legal representative review requests prior to the Planning Board relying on their own council. They also want to take a look at the bond coverage requirements when an extension of the covenant is requested.
COMMUNICATIONS/CORRESPONDENCE
On a motion by Mr. Kerrigan, seconded by Mr. Hodge, 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 8:52 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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