PLANNING BOARD MINUTES
May 10, 2010
7:00 PM
The Planning Board for the City of Marlborough met on Monday, May 10, 2010 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Steven Kerrigan, Phil Hodge, Clyde Johnson, Edward Coveney and Sean Fay. Also present: City Engineer Thomas Cullen.
MINUTES
Meeting Minutes April 26, 2010
On a motion by Mr. Kerrigan, seconded by Mr. Johnson, it was duly voted:
To accept and file the minutes of April 26, 2010 with noted corrections.
CHAIRS BUSINESS
APPROVAL NOT REQUIRED PLAN
Boston Post Road West
Marlborough/Northborough Realty Trust
Submittal
The Honorable Santo Ruma for Smerczynski & Conn, P.C., presented to the Planning Board the ANR plan for Boston Post Road West. This plan is showing is showing lots 12A, 63.8 acres and lot 12B, 1.2 acres.
Mr. Cullen stated that the parcel is intended for the new Sonic restaurant and has gone through the special permit process for their drive through. The developers are still in the Site Plan process and prior to moving forward with the Site Plan, the ANR needs to be reviewed.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and refer the proposed plan to the City Engineer for his review and recommendation at the next meeting on Monday May 24, 2010.
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Cullen provided a new subdivision report. He is still awaiting a few documents and stated he is diligently to complete the Fiddlehead Subdivision.
Blackhorse Farms, Cider Mill Estates and West Ridge Estates (Fafard Development)
Correspondence from the City Solicitor
After review of the subdivision files for all three subdivisions, Mr. Rider found four documents that indicated that Fafard Development has previously asked extensions.
· Dec 2002: request for a two year extension for West Ridge Estates.
· Feb 2005: Planning Board sent correspondence for expiration of subdivision approval for West Ridge Estates and Cider Mill Estates.
· Feb 2005: Request for two year extensions for West Ridge Estates and Cider Mill Estates with a bond request amount for Cider Mill.
· Mar 2005: Planning Board approved subdivision approvals for both subdivisions.
Mr. Rider stated in the Boards own Rules and Regulations section B.1.b states “a properly executed application form C and petition for Approval of Final Plan, Form D including the name of record owner of the land….The Board may decline to approve a plan unless the applicant agrees to complete the ways shown thereon and install the public utilities aforesaid within two years of the date of the approval of his definitive plan. (Amended 1/7/91).” He stated this sets forth the time period for all three subdivisions.
Mr. Rider also stated that through a telephone conversation with the developer’s Attorney, Jeffery Roelofs, they have discussed the approvals, but more so the completion schedules. As mentioned by Mr. Rider, Mr. Roelofs would have to speak to his clients regarding any extension, approval or bond increase.
Mr. Rider stated that the one thing the Board has not asked the developer was to ask for an extension of subdivision approval. He asked the Board for their opinion, if there is a subdivision extension request letter similar to the Feb 2005 letter, would the Board be willing to accept and approve the request.
Mr. Fay stated that has been fundamental the issue since the beginning. If the developer was aware they needed extensions, the Planning Board would not be in this position. However, Mr. Fay stated it was the developer’s obligation to ask for these extensions in a timely manner.
Mr. Kerrigan disagreed with Mr. Fay. He stated that the bonds have been in place and at any time there has been the possibility of the Board pulling the existing bonds if needed. Mr. Kerrigan also stated that if the Board so chooses to increase the bond as recommended by the City Engineer, it would put the Board and City in a better position if this situation arises again.
Mr. Hodge stated that he would vote to approve to the extensions as long as the bonds were increased. Mr. Coveney and Mr. Johnson agreed with Mr. Hodge.
There was no motion granted. Mr. Rider stated that the will duplicate the information as needed to seek the extension of the subdivision approvals.
The Residences of Oak Crest (Graves Lane)
Subdivision Completion Schedule & Extension
Completion Schedule
Mr. Baldelli sent correspondence stating that the subdivision completion schedule is more reasonable then previously submitted. He stated it is compatible for a two year subdivision extension request.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was voted:
To accept and file correspondence.
Extension
Mr. Breslouf is seeking a two year extension for his subdivision until June 2012.
On a motion by Mr. Kerrigan, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence.
On a motion by Mr. Kerrigan, seconded by Mr. Coveney it was duly voted:
To extend the subdivision approval until June 12, 2012.
PENDING SUBDIVISION PLANS: Updates and Discussion
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
SIGNS
Mr. Fay asked Mr. Rider if there was any further movement in the City Council on the proposed sign amendment. Mr. Rider did state that he was asked by Councilor Seymour if the amendment would be legal. Mr. Rider stated that the language was the same exact that was submitted to the council last year and was never acted upon; however Mr. Seymour has not responded to Mr. Riders email as of this evening.
INFORMAL DISCUSSION
Proposed Change to the Rules and Regulations
Mr. Rider stated he has not been able to review the proposed change.
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. Johnson, seconded by Mr. Kerrigan, it was duly voted:
To adjourn at 7:48 p.m.
A TRUE COPY
ATTEST: _____________________________
Steven Kerrigan, Clerk
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