PLANNING BOARD MINUTES
October 4, 2010
7:00 PM
The Planning Board for the City of Marlborough met on Monday, October 4, 2010 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Colleen Hughes, Clerk, Philip Hodge, Clyde Johnson, Edward Coveney and Sean Fay. Also present: City Engineer Thomas Cullen.
MINUTES
Meeting Minutes September 13, 2010
On a motion by Mr. Fay, seconded by Mr. Johnson, it was duly voted:
To accept and file the minutes of September 13, 2010.
CHAIRS BUSINESS
Colleen Hughes
Appointment Approval
Ms. Hughes was appointed by the City Council at the meeting previously held on Monday, September 13, 2010. Her term will expire on the first Monday in February of 2015. The members gave her a hearty return welcome.
Appointment of new Clerk
On a motion by Mr. Hodge, seconded by Mr. Johnson it was duly voted:
To unanimously elect Ms. Colleen Hughes for Clerk with her term to expire at the end of 2010.
Citizen Planner Training Collaborative
The fall workshop brochures have been announced and can be reviewed for the members choosing.
Mr. Fay stepped out of the room.
Open Space Requirements/Shoestring Hill
Correspondence from the Assistant City Solicitor
The Planning Board asked the Legal Department to determine whether section IV E.1 of the Subdivision Rules and Regulations requires a developer to provide an area designated as open space on subdivision plans. ~The Assistant City Solicitor, Cynthia Panagore-Griffin responded.~ If the developer must show this open space, it could impact the number of buildable lots.
It is Mrs. Panagore-Griffin’s understanding that the Planning Board has not formally directed Moss Development to show recreational land on a conventional subdivision plan.~ According to Section IV. E.1 of the Regulations, the Planning Board "may also in proper cases require the [conventional subdivision] plan to show a park or parks suitably located for playground or recreational purposes" (emphasis added)~~ The same section of the regulations establish the minimum size of such recreational land as one acre, but not less then 10% of the gross area of the subdivision.~
Mrs. Panagore-Griffin also stated that the regulations restrict the number of buildable lots on an open space subdivision plan to the number of buildable lots on a conventional subdivision plan.~ Because recreational land is not a buildable lot or lots, on a conventional subdivision plan, it cannot be counted towards the number of buildable lots for an open subdivision plan. The regulations also state that the Planning Board allows the releasing of land set aside for recreational purposes on a conventional subdivision plan for use as buildable lots only after the subdivision has been completed for two years. This option is not pertinent to computing the number of available lots for an open space subdivision plan.
Mrs. Panagore-Griffin advised the Planning Board to consider formally requiring Moss Development to show recreational land on its conventional subdivision plan.
On a motion by Mr. Johnson, seconded by Mr. Coveney it was duly voted:
To accept and file the correspondence. ~
The Planning Board agreed that a subdivision of this size and in this location should include recreational land and they would like to see this space on the conventional plans.
On a motion by Mr. Hodge, seconded by Mr. Coveney it was duly voted:
~To notify Moss Development that the Planning Board requires them to show usable recreational land on their conventional subdivision plans, attaching Mrs. Panagore-Griffins correspondence.
Mr. Fay returned to the room.
APPROVAL NOT REQUIRED PLAN
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Cullen provided a current subdivision status report to the Planning Board. He stated there has been no movement on Fiddlehead, however the Indian Hill Subdivision is close to completion. He stated he has a meeting with Priscilla Ryder and the developers to discuss the conservation order of conditions. He also stated that the developers are deciding whether to grant the open space to the residents of Rose Point or grant the space back to the City of Marlborough.
Blackhorse Farms, Cider Mill Estates, & West Ridge
At this time the Planning Boards request for a new subdivision completion schedule has not be returned by the Developers. Mr. Cullen stated that there has been some work completed at the West Ridge subdivision, however none of the work that was recommended to Blackhorse Farms has been performed.
Davis Estates
Bond Reduction Request
On behalf of his client, Attorney Aldo Cipriano is asking for a further performance bond reduction. They have provided a new subdivision completion schedule for review.
On a motion by Mr. Hodge, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence, to refer the request to the City Engineer for his review and have him report back to the Planning Board at the next regular scheduled meeting.
Elm Farm Valley Estates
Request for bond reduction
The developer is asking for a bond reduction for their subdivision. At the June 7, 2010 meeting the Planning Board received recommendation from the City Engineer for acceptance; however the City Solicitor was trying to secure the necessary easements of the water and sewer. The developers are asking for the bond to be reduced to $1,000.00
On a motion by Mr. Coveney, seconded by Mr. Hodge it was duly voted:
To accept and file the correspondence.
City Solicitors Correspondence
Mr. Donald Rider, the City Solicitor, sent a status update on the easement issue. In his email, he discussed that has secured one of the three “water easements”. He will advise the Board when he has more information.
On a motion by Mr. Coveney, seconded by Mr. Hodge it was duly voted:
To accept and file correspondence.
Attorney Michael Norris presented the plans that were brought to the table by Mrs. Fossile. He stated when the approval of the plan was signed by the Planning Board on approval it stated a “30 Wide Sewer Easement to the City of Marlborough”, however it is stated on the Plan and Profile plan that the sewer and water lines. He stated the error is not his client’s fault, except it was the City’s own mistake.
Mrs. Geraldine Fossile stated that the easements on the properties were written into the individual deeds when the houses sold 6 years ago.
Dr. Fenby stated she understood the developers’ frustration of not having the full acceptance on the subdivision, but without the legal documents in place, they cannot reduce the bond to what they are seeking.
Mr. Cullen stated that in the recorded deeds of the three lots, all easements refer to sewer easement, not water and sewer. Mr. Cullen stated the current bond stands at $35,000.00. He is willing to review the request of the bond reduction and possibly reduce the value of remaining bond, keeping enough bond money for the remaining amount of work to be completed.
On a motion by Mr. Hodge, seconded by Mr. Coveney it was duly voted:
To refer the reduction in bond request to the City Engineer for his full review and have him report back to the Planning Board at their next meeting.
Forest Grove Subdivision
Conservation Correspondence
Ms. Ryder has reviewed her Commission files and the Open Space Development Special Permit Conditions for the subdivision and noted the following:
· Order of Conditions DEP 212-413 was issued for the first subdivision plan submitted for the property, however that subdivision was never built, the commission issued a Certificate of Compliance on 9-10-04 to clear that title, noting the subdivision was never built.
· The Open Space Development Special Permit condition #15 is still outstanding. She stated the open space itself has been conveyed and accepted by the City Council on August 29, 2005. However, no record of the $5,000 payment has been paid for in any of the files.
She has alerted Mr. Seaberg from Fafard Real Estate of her findings and he will review his files to see if the payment was made. Ms. Ryder also stated that the trail system and kiosk have been installed by volunteers. The pipe gate was installed by the developer as required. She will update the Planning Board once the payment has been located or made.
On a motion by Mr. Coveney, seconded by Mr. Johnson it was duly voted:
To accept and file the correspondence.
Legal Correspondence
Donald Rider, the City Solicitor, has reviewed the subdivision known as “Forest Grove” subdivision for its Easements for Drainage and Flowage. In his correspondence, Mr. Rider explained that the “easement documents” pertain to a so-called Grant of Easement-Drainage and Flowage that was granted in 1997 by the Villages of Marlborough East Corporation to Alan Greenwald, trustee of Forest Grove Realty Trust. The language in the easement indicates that the drainage and flowage easement located on the Villages’ land would run in favor of the City of Marlborough, if and when the City accepts the Forest Grove subdivision as public roads. Also, the City at the point would be the Realty Trust’s successor and would succeed as the right to repair and replace drainage lines.
The only issue Mr. Rider found was that the easement area on the Villages’ land may be overburden by the present subdivision which was approved by the Planning Board in 2000. The 1997 Grant of Easement limits use of the easement areas on the Villages’ land such that no use of the easement areas by with the Villages or the Realty Trust shall create “an overburdening” of the detention ponds and other improvements. Mr. Rider stated that the Planning Board would have addressed this issue when it approved the subdivision in 2000.
On a motion by Mr. Coveney, seconded by Mr. Johnson it was duly voted:
To accept and file the correspondence.
PENDING SUBDIVISION PLANS: Updates and Discussion
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
INFORMAL DISCUSSION
COMMUNICATIONS/CORRESPONDENCE
On a motion by Mr. Fay, 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. Coveney, it was duly voted:
To adjourn at 7:48 p.m.
A TRUE COPY
ATTEST: _____________________________
Colleen Hughes, Clerk
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