PLANNING BOARD MINUTES
August 23, 2010
7:00 PM
The Planning Board for the City of Marlborough met on Monday, August 23, 2010 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Philip Hodge, Clyde Johnson, Edward Coveney and Sean Fay. Also present: City Engineer Thomas Cullen.
MINUTES
Meeting Minutes July 26, 2010
On a motion by Mr. Johnson, seconded by Mr. Coveney, it was duly voted:
To accept and file the minutes of July 26, 2010.
CHAIRS BUSINESS
APPROVAL NOT REQUIRED PLAN
Sonic
Boston Post Road West
Mr. Donald Conn of 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. This plan was previous submitted and redrawn to the recommendations provided by the City Engineer.
Mr. Cullen stated that he has reviewed the revised plan that reflects the new zoning change that was granted by the City Council on August 5, 2010. He can provide a favorable recommendation for the Planning Board to sign the ANR plan this evening.
On a motion by Mr. Fay, seconded by Mr. Coveney it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Marlborough/Northborough Land Realty Trust, 1 Wall Street, Burlington, MA 01922 Name of Engineer: Hayes Engineering, Inc. 603 Salem Street, Wakefield, MA 01880. Deed of property recorded in South Middlesex Registry of Deeds Book 31932, Page 445: 2 Lots located on Boston Post Road West, Assessors Map 89 Parcel 77.
On a motion by Mr. Fay, seconded by Mr. Hodge it was duly voted:
To accept and file correspondence from Mr. Cullen.
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Cullen provided the following updates:
· West Ridge: Road Work that was necessary on Robin Hill Road has been completed to Engineering standards
· Country Club Estates: Mr. Bergeron has gotten all signatures for the necessary easements except for two; Legal and Engineering are working out the details.
· Forest Grove: Expect at the next Planning Board meeting a subdivision acceptance request.
Blackhorse Farms, Cider Mill Estates and West Ridge Estates (Fafard Development)
Carisbrook II/Blackhorse Farms
At the last meeting, Mr. Cullen provided his summary report to the Planning Board on the recommend actions to consider. These recommendations include:
· The roadway be swept on annual basis, or as needed with City of Marlborough’s sweeping program and the subdivision requirements;
· The subdivision’s drainage system should be cleaned on an annual basis consistent with the City’s catch basin cleaning program;
· All erosion controls should be re-established (i.e. fix collapsed siltation fencing, replace deteriorating or damaged haybales, etc.);
· Remove all construction materials that are not needed for this subdivision from the site and properly secure all construction materials that are needed for this subdivision;
· The gate/barricade that has been installed at station 4+50 has created a dead end condition versus a cul-de-sac condition which is standard design. That conditions in addition to the 28 foot roadway created a situation that a temporary cul-de-sac may be justified to provide vehicles including emergency vehicles the opportunity to turn around.
Mr. Hodge questioned Mr. Cullen if he sent this report to the developers and if so, have they responded. Mr. Cullen stated that he has spoken to one of the employees of the developer, but no movement has been made on their part. Mr. Cullen also addressed that if the Planning Board revokes the approval and the bonds, there is sufficient bond amounts to complete the roadway. However, no movement would be done until the spring of 2011.
On a motion by Mr. Johnson, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence; to send a letter to the developer asking them to submit a new subdivision completion schedule to incorporate the recommendations.
Mr. Chris O’Brien
29 Slocumb Lane
Mr. O’Brien lives in the only house that has been built in this subdivision. He stated that over the years he has asked the developers to clean up the subdivision and he stated that the developers have been using the subdivision as their own mining operation. He stated that they need to consider all the safety issues by having this subdivision stay idle.
Deerfield Village (Peebles Way)
Definitive Acceptance
On April 5, 2004, The Planning Board asked for the City Engineer to review the developer’s request for roadway and easement acceptance. The City’s Engineer’s Division has reviewed the following original and revised documents:
· As-Built Plan and Profile of Deerfield Village, dated May 5, 2004 and signed by the engineer on November 23, 2009. Noted that the plans were prepared by Thomas Land Surveyors and Engineering Consultants Inc., 265 Washington Street, Hudson, MA 01749
· Plan of Acceptance, Easements & Open Space of Pebbles Way in Marlborough, Massachusetts, dated November 23, 2009 and signed by the engineer on November 23, 2009. Note that the plan was prepared by Thomas Land Surveyors and Engineering Consultants Inc., 265 Washington Street, Hudson, MA 01749.
· The latest Legal Descriptions which have been edited by the Engineering Division.
The status of the subdivision has been reviewed by the Engineering Division and has been determined that the work has been completed in accordance to the Planning Board Rules and Regulations. Mr. Cullen is recommending that the remaining bond of $11,401.00 remain in place until the City Council accepts the Acceptance Plan and Municipal easements have been recorded.
On a motion by Mr. Fay, seconded by Mr. Coveney it was duly voted:
To accept and file the letter from City Engineer Thomas Cullen, and endorse his recommendation that the subdivision known as “Deerfield Village, As-built plot plan dated May 5, 2004 with revised date of November 23, 2009 drawn by: Thomas Land Surveyors has remained in satisfactory condition for the year long maintenance period. The remaining bond will stay in place until certification of the recordings.
PENDING SUBDIVISION PLANS: Updates and Discussion
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
SIGNS
Marlborough Food Pantry
Ryan Morgello
Eagle Scout Project
Mr. Morgello is asking permission from the Planning Board to place “A” frame signs for the Marlborough Food Pantry at various locations throughout the City of Marlborough. The signs would be placed at these locations for three time periods throughout the year coordinated with the Food Pantry’s three big food drives.
Mayor Nancy Stevens
Correspondence
Mayor Stevens sent correspondence to the Planning Board showing her support for Mr. Morgello’s project. She stated that Mr. Morgello’s Eagle Scout Project will provide a service to the Marlborough Food Pantry and with the economic hardships that continue to reach unthinkable proportions; Marlborough residents are in need of the Food Pantry more then ever. She stated that Ryan’s project would provide a valuable assistance to the community.
On a motion by Mr. Coveney, seconded by Mr. Johnson it was duly voted:
To accept and file correspondence.
Ms. Fenby stated that these requests are normally not entertained; however, the need to let the public know when there is a food drive is greatly needed. Mr. Hodge stated that he would want to know the locations of the signs on the private properties (i.e. near the streets or near the doors) and how the signs would stay erect during weather conditions. Mr. Morgello stated that he will weigh down the signs. Mr. Fay also stated that site distance for drivers would have to be considered if the signs are located near any street.
Ms. Fenby asked Mr. Morgello what would become of the signs after this project. Mr. Morgello stated that he would be giving them to the Food Bank for their use. Mrs. Lizotte stated that the City may be able to use the signs for the City’s use for the upcoming food drives.
The Planning Board determined they were in favor of the project, however more information is still needed before giving their approval including the location sites, anchoring of the signs and length of time the signs would be placed. They would like Mr. Morgello to return at the next meeting with this information.
INFORMAL DISCUSSION
On a motion by Mr. Fay, seconded by Mr. Coveney it was duly voted:
To move 11- B prior to discussing 11-A.
Marlborough Community Preservation Act
Ms. Karin Paquin provided the information that was requested by Mr. Fay at our previous meeting. He had asked if the CPA funds could be used for purchase of Agricultural Preservation Restrictions without going through the Department of Agriculture. An Associate Director for the Community Preservation Coalition responded that CPA funds can be used to acquire all kinds of easements and restrictions for legitimate CPA purposes.
Mrs. Barbara Early gave a brief overall review from the last meeting. The members of the CPA are petitioning to have this matter brought before the constituents at the next election. If voted, there would be a surcharge of up to 3% on local property taxes. The Monies would be matched by the State through transactions recorded at the Registry of Deeds. She also stated that they have completed the necessary paperwork including the required signatures to place this on the November ballot.
Mr. Johnson stated that the City should support this concept. Mr. Hodge is in favor of the general concept.
On a motion by Mr. Coveney, seconded by Mr. Johnson; with Mr. Fay opposing and Ms. Fenby abstaining:
To send recommendation to the City Council that several of the voting members are in support of the Marlborough Community Preservation Act.
Shoestring Hill/Rawchuck Property/South Street
Mr. Robert Moss, Developer, and Mr. Michael Sullivan, Engineer, came informally to the Board to give an update on their project.~ Mr. Sullivan stated that at the last meeting, they were unaware of the time constraints and they stated that they would have asked for an extension to continue the project.~ He stated that the project is still on-going and they have filed with the Conservation Commission their ANRAD plan. They stated they should have the report back prior to the filing of their definitive subdivision. ~Mr. Johnson stated that he believes there are more wetlands during the spring season then the current conditions.
~
Mr. Sullivan stated that they have made several changes to the plans as recommended by the City Engineer. Mr. Sullivan expressed continuing disagreement to what the Engineer has stated regarding the 10% of gross area for reserved recreational space is the open space allocation. In Mr. Cullen’s letter to the Planning Board dated June 18, 2010, he pointed out that the plans provided no area designated for reserved recreational lots. He indicated that section IV.E.1 of the City’s Rules and Regulations the subdivision of land, states the Planning Board may also on proper cases require the plan to show a park or parks suitable for playground or recreation purposes f for providing light and air.”~ Also, “unless otherwise specially approved by the Planning Board, the total amount of area to be reserved for park/and or
playground purposes shall be no less then ten percent (10%) of the gross area of this subdivision.~ ~The developer is including the number of designated recreational lots in computing the determination of the open space, which – according to Mr. Cullen – should be based on buildable lots not including the 10% of space that should be set aside for recreational space. The Planning Board in general would like to see clarity around this issue and also would like to see how much usable space, apart from wetlands and other non-usable space, exists in the Open Space.
Mr. Hodge asked if the Planning Board could get a determination by the City’s Solicitor.
Mr. Sullivan stated that once the ANRAD is completed they intend to file the subdivision plans within the next 60 days.
On a motion by Mr. Hodge, seconded by Mr. Johnson, it was duly voted:
To ask the City Solicitor to review the Planning Board’s Rules and Regulations section IV.E.1 and determine if the developer needs to provide on the plans the an area as designated open space on the subdivision plans.
COMMUNICATIONS/CORRESPONDENCE
On a motion by Mr. Fay, 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. Coveney, it was duly voted:
To adjourn at 8:20 p.m.
A TRUE COPY
ATTEST: _____________________________
Sean N. Fay, Acting Clerk
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