PLANNING BOARD MINUTES
March 22, 2010
7:00 PM
The Planning Board for the City of Marlborough met on Monday, March 22, 2010 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Steven Kerrigan, Phil Hodge, Edward Coveney, Clyde Johnson and Sean Fay. Also present: City Engineer Thomas Cullen.
Chair Pro-Tem
On a motion made by Mr. Kerrigan, seconded by Mr. Johnson, it was duly voted:
To allow Mr. Fay to act as chair pro-tem.
MINUTES
Meeting Minutes March 8, 2010
On a motion by Mr. Kerrigan, seconded by Mr. Johnson, it was duly voted:
To accept and file the minutes of March 8, 2010.
CHAIRS BUSINESS
City Council Correspondence
Personnel Committee
The City Council sent correspondence stating that they are sending the appointment of George Stein to the Personnel Committee. If approved, Mr. Stein will serve the remainder of Mr. Hanson’s term that will expire in February 6, 2012.
On a motion by Mr. Kerrigan, seconded by Mr. Hodge, it was duly voted:
To accept and file the correspondence.
Proposed Sign Ordinance
The Proposed Sign Amendment was referred to the Legislative and Legal Affairs Committee for their review.
On a motion by Mr. Kerrigan, seconded by Mr. Hodge, it was duly voted:
To accept and file correspondence; to ask Councilor Seymour to send notice when the committee will be reviewing the amendment.
APPROVAL NOT REQUIRED PLAN
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Cullen stated at this time there is no new report.
Blackhorse Farms, Cider Mill Estates and West Ridge Estates (Fafard Development)
Correspondence from Attorney Roelofs
Attorney Roelofs responded to the letter he received from the Planning Board dated March 11, 2010. He has had only limited discussions with the City Solicitor concerning procedural issues that were in the letter written by him, dated February 22, 2010. He has attempted to reach the City Solicitor, however Mr. Ryder has been out of the office. He stated he will attempt to connect with him when he returns.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence.
Mr. Fay stated that the Attorneys should continue to discuss this matter and at least have a conference regarding the matters at hand prior to the next Planning Board meeting and to request that Mr. Roelofs and City Solicitor Ruder report to the Board on their progress prior to the next meeting.
On a motion by Mr. Kerrigan, seconded by Mr. Fay it was duly voted:
To ask the Developers, City Engineer and the City Solicitor to continue efforts to identify an amicable solution; place on the agenda for Monday, April 5, 2010.
Correspondence from City Engineer
(Cidermill Estates, West Ridge Estates)
McDermont Way, Goodwin Street and DuFresne Drive
Subdivision Bond Reviews and Recommendations
In his correspondence to the Planning Board, Mr. Cullen has reviewed the current bond status for these subdivisions; he is asking to increase the bonds.
· Cider Mill Estates- Increase bond from $462,000 to $581,000.
· West Ridge Estates- Increase bond from $195,000 to $246,000.
The assumption has been made by the Engineering Division that the subdivision should be completed within the next two years. Mr. Cullen also noted that the major infrastructure items still remain (installation of curbing, sidewalks, finish pavement, landscape obligations, misc cleanup, approvable as-builds and approvable acceptance plans).
This was a late addition to the agenda and will be placed on the April 5, 2010.
On a motion made by Mr. Kerrigan, seconded by Mr. Hodge it was duly voted:
To table any action on the bond recommendation until April 5, 2010.
Correspondence from the City Engineer
Subdivision Bond Review (Blackhorse Farms)
Slocumb Lane
Mr. Cullen has reviewed the current subdivision bond and is recommending the Planning Board increase the bond amount from $248,000 to $334,000. It is the Engineering Departments assumption that the subdivision will be completed within the next two years. He also noted that the subdivision still has many items before completion including curbing, sidewalks, finish pavement, landscaping, misc cleanup, approvable as-built plans and approvable acceptance plans.
This was a late addition to the agenda and will be placed on the April 5, 2010.
On a motion made by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To table any action on the bond recommendation until April 5, 2010.
The members agreed that the matters related to the above-mentioned subdivisions should continue to appear on the agenda for every meeting until all pending matters are resolved.
Davis Estates (Bouvin Drive)
Bond Reduction Request
City Engineer Correspondence
Mr. Baldelli has reviewed the request of reducing the current subdivision bond. The bond is currently at $187,000 and the Engineering Division stated that the Planning Board should consider reducing the amount to $176,000 and that the Engineering Division is in a position to make a favorable recommendation to the Board. Also noted in the correspondence is the remaining work to be completed: placement of fencing, landscaping obligations, cleanup, approval of as-built plans, approval of acceptance plans and upon acceptance of the subdivision and easements then the City will take ownership of the decorative lamp posts.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence; to reduce the current bond from $187,000.00 to $176,000.00.
Detention Basin
Bob Valchuis
Mr. Valchuis is asking the Planning Board to waive the fencing requirements around his detention basins. He explained the basins were constructed with concrete blocks and provides more of a pond like setting. He also stated that he would erect the standard or decorative fencing if the board desires it. Both Mr. Cullen and Mrs. Lizotte spoke on how the regulations require fencing over anything that is man made and 24 inches of standing water.
On a motion by Mr. Hodge, seconded by Mr. Coveney it was duly voted:
To refer to the City Engineer and to have him report back at the next meeting.
Trees
Mr. Valchuis stated that he is hoping to have full completion of the subdivision by the fall months of this year. He is asking if it would be possible to forgo the roadside trees due to the fact that if any lots are built upon, there would be damage to the trees. He is asking if it would be possible to put the required amount of $22,400.00 for a bond that either the homeowner(s) could use or the City’s Tree Warden could use for other trees in the vicinity.
By the City’s Subdivision Rules and Regulations, it is required to have all items complete including the landscaping requirements prior to subdivision acceptance. If the Planning Board allows a bond, then this would be setting precedence for further subdivisions.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson, with Mr. Fay opposing, it was duly voted:
To send correspondence to the City Engineer for his opinion; to send correspondence to the City Solicitor if it is possible to create a bond for roadside trees at this subdivision or use by the City Tree Warden and have the City Solicitor report back at the next meeting on April 5, 2010.
Mauro Farms (Cook Lane)
Subdivision Extension Request
Mr. Kerrigan noted the conflict of interest disclosure from Mayor Stevens regarding Mr. Fay’s participation.
The Developers are seeking a two year extension. The City Engineer responded to the request from the Planning Board on February 22, 2010 stating that the new subdivision construction schedule is more realistic and an extension should be considered by the Planning Board.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney, it was duly voted:
To grant an extension of the subdivision to March 22, 2012, with a required subdivision status update given in January of 2011.
The Residences of Oak Crest (Graves Lane)
Amended Agreement Request
Mr. Breslouf is requesting an extension of two years for his subdivision. He also sent a current subdivision completion schedule that is required with an extension request. He stated at the present time the six lot subdivision; two houses are currently sold with one under construction. He noted all real estate taxes are current and the anti-blight is in conformance.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney, it was duly voted:
To accept and file correspondence, to refer the subdivision completion schedule to the City Engineer for his review, and to have the proponent to seek an anti blight letter from the Code Enforcement office and a letter from the Tax Collector that all real estate taxes are to date.
PENDING SUBDIVISION PLANS: Updates and Discussion
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
SIGNS
265A Lakeside Ave, Holiday Inn
Request for Variance
Mr. Kerrigan provided a disclosure of Appearance of Conflict of Interest to the Mayor this afternoon and as well as to the Planning Board Secretary.
Denial Letter
Holiday Inn has just completed an exterior renovation and is in the process of applying for new signage which includes the following signs and dimensions:
· Pylon Sign 49 Sq Ft Previously 212 Sq Ft
· Front Flat wall 322 Sq Ft Previously 537 Sq Ft
· Side Flat wall 110 Sq Ft Previously 266 Sq Ft
· Street Frontage Directional Signs 9 Sq Ft Previously 18 Sq Ft
· Custom Directional Sign 24 Sq Ft Same size
After a full sign review Mr. Stephen Reid stated that the only signs that need a variance are the two flat wall signs (maximum allowed is 150 Sq ft) and the entrance signs (maximum allowed is 4 Sq ft).
On a motion by Mr. Kerrigan, second by Mr. Coveney it was duly voted:
To accept and file correspondence.
Correspondence to the Planning Board
3/22/2010
In preparation for tonight’s meeting, Mr. Reid sent correspondence through Mrs. Lizotte, providing the following information:
· Facility is a large hotel, contains about 240 lineal feet of façade width at the main entrance, located on a hill, and roughly 320’ from Lakeside Ave with a visible presence along Route 495
· Flat wall calculations are at 360 Sq Ft allowed but with a cap of 100 Sq Ft with two bonuses of a large building plus setback from the street which would allow an additional 50 Sq Ft.
· Free Standing signs are limited to one with a cap of 50 Sq Ft
· Two additional freestanding signs (Entrance Signs) are in excess of the allowed 4 Sq Ft
Mr. Reid stated he was not against the request for variance but due to the size of the requested signs, they would have to seek relief from the Planning Board. He also stated that if the Planning Board does grant a variance, the street address would be placed on the pylon sign to satisfy the E-911 Requirements.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence.
GNS Group
Ms. Nancy Forrest from GNS Group and Essie Motameni, general manger of the Holiday Inn, attended the meeting. Ms. Forrest stated that their hardship is the fact that they are sitting on top of the hill and that they are set back from the street. She also stated that from what she has seen, the additional signage is comparable to what already exists at the other hotels in the area. She stated that the Hotel has a variance from the mid 1980’s and that they are currently seeking less signage then the current variance.
Mr. Motameni stated that the location of the hotel makes it hard for guests to locate their hotel and that they are losing business because of the signage. He also stated that there are tall trees which prevent the signs from seeing; however they are preparing to do landscaping including scaling back the trees.
Mr. Fay stated that he is aware that the proposed signs are smaller than those allowed under the current variance, but that they applicant had not yet demonstrated any hardship or explained any unique characteristic of the property that would justify relief from the sign ordinance, and that he would not be opposed to granting relief if the applicant presented circumstances that would justify this finding. He also stated that he would prefer Ms. Fenby to weigh in on the matter.
Mr. Kerrigan stated that he believes the case has been made, that they are asking for smaller signs then the current variance allows, that the landscape issue will be taken care of and the overall changes would benefit the hotel.
Mr. Hodge stated he understands that they are asking for less non-conforming signs, but also mentioned that he would like Ms. Fenby to give her opinion since she has worked on sign issues at great length. Both Mr. Coveney and Mr. Johnson agreed with Mr. Hodge.
All members agreed that they would like to see a size comparison between this hotel and the a few others in the surrounding areas.
On a motion by Mr. Hodge, seconded by Mr. Coveney with Mr. Kerrigan opposing, it was duly voted:
To table the variance request until the next meeting.
INFORMAL DISCUSSION
Clean Sweep
Mr. Cullen stated that the Clean Sweep is slated for May 1, 2010 and would appreciate it if everyone “spread the word”.
Proposed Change to the Rules and Regulations
Ms. Lizotte will resend the proposed change to the City Planner, City Engineer and the City Solicitor for their opinion and input.
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 9:00 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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