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Planning Board Minutes 10/18/2010
PLANNING BOARD MINUTES
October 18, 2010
7:00 PM



The Planning Board for the City of Marlborough met on Monday, October 18, 2010 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752.  Members present: Barbara Fenby, Colleen Hughes, Clerk, Philip Hodge, Clyde Johnson and Sean Fay. Also present: Assistant City Engineer Richard Baldelli.


MINUTES

Meeting Minutes October 4, 2010

On a motion by Mr. Johnson, seconded by Ms. Hughes, it was duly voted:

To accept and file the minutes of October 4, 2010.

CHAIRS BUSINESS

Blackhorse Farms/Carisbrooke II

Mr. Fay stated that the Planning Board has been very patient and accommodating to the developers of Blackhorse Farms/Carisbrooke II. However, since August 23, 2010, no response has been received by the Planning Board regarding the City Engineer’s report concerning conditions related to the streets and ways of the subdivision requiring attention prior to recommending an extension of the subdivision approval.~ Mr. Fay suggested that the Planning Board invite the Developers to the next meeting with notice that the Board intends to take action on the extension request and absent further progress, he will make a motion that the request be denied. This will put the development in an uncertain position where the Board will be unable to act on any future request for bond reductions. ~

On a motion by Mr. Fay, seconded by Mr. Johnson it was duly voted:

To send a certified letter to the Fafard Development asking them to appear at the next Planning Board to discuss the status of Blackhorse Farms/Carisbrooke II and their progress on the work required by the City Engineer. ~


Member Nomination

Mrs. Lizotte stated that the Mayors Office is asking for a formal letter for another Member nomination. She will prepare the nomination and refer the nomination to the Mayors Office.

APPROVAL NOT REQUIRED PLAN

424 South Street
Submittal

Attorney Michael Norris presented the ANR plan to the Planning Board. Mr. Norris explained that his clients have had pervious issues regarding easements on the back portion of the property with their abutting neighbors. With these changes, easements will be in place so that both properties are in agreement to the mobility of the vehicles that use that portion of land.

·       Easement B is 9,204.03 S.F.
·       Lot #5 is 1,495.40 S.F.

On a motion by Mr. Hodge, seconded by Ms. Hughes, it was duly voted:

To accept and refer the proposed plan to the City Engineer for his review prior to the next meeting on Monday, November 8, 2010.

PUBLIC HEARING

SUBDIVISION PROGRESS REPORTS

Update from City Engineer

Mr. Baldelli stated that there were no new updates.

Country Club Estates
Amended Covenant

Mrs. Lizotte received late conformation from the City Solicitor that the new amended covenant is not prepared at this time. He expects to have it for the next meeting.

Davis Estates
Bond Reduction Request
City Engineer Correspondence

Mr. Baldelli has reviewed the request of reducing the current subdivision bond. The bond is currently at $176,000 and the Engineering Division stated that the Planning Board should consider reducing the amount to $149,000 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 and miscellaneous cleanup.  Upon the completion of those items, Engineering will be contacting the developer concerning the City taking ownership of t he decorative lamp posts.

On a motion by Mr. Johnson, seconded by Ms. Hughes it was duly voted:

To accept and file correspondence; to reduce the current bond from $176,000.00 to $149,000.00.




Elm Farm Valley Estates
Bond reduction request

Mr. Cullen has reviewed the request of the current subdivision bond and has recommended the bond that is currently $35,000.00 be reduced to $11,000.00.  As discussed at the October 4, 2010 meeting, the remaining bond amount will cover the cost if the eminent domain takings would be necessary for the two lots on Millham Street and costs associated with securing the easements.  

As indicated in previous correspondence, Mr. Cullen recommends that the bond remains in place until in such time as the as the acceptance plan and municipal easements have been recorded at the Middlesex Registry of Deeds, South District.

On a motion by Mr. Fay, seconded by Mr. Hodge it was duly voted:

To accept and file correspondence.

Correspondence from Elm Farm Realty Trust

Ms. Linda Fossile stated in her correspondence that the subdivision has been completed for some time. She stated that the acceptance plan was drawn to the approved Definitive Subdivision Plan, which was accepted by the Planning Board on May 6, 2002.

Her correspondence also states that individual As-built plans with the easements were approved and accepted by the Engineering Division labeled as approved. She stated that the easement issues were not an issue or they would not have been able to be issued Certificate of Occupancies for the lots containing the miss-labeled easement.

Although they appreciate the bond reduction to $11,000.00, they are further requesting the bond be reduced to $1,000.00.

On a motion by Mr. Johnson, seconded by Mr. Johnson it was duly voted:

To accept and file the correspondence; to refer to the City Engineer for his comments.

Bond Reduction

Mr. Fay stated that it would not be inconsistent if the Board took action on the bond reduction request of the City Engineer.  

On a motion by Mr. Fay, seconded by Mr. Johnson it was duly voted:

To reduce the current bond from $35,000.00 to $11,000.00.

PENDING SUBDIVISION PLANS: Updates and Discussion

PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS

DEFINITIVE SUBDIVISION SUBMISSIONS

SCENIC ROADS

INFORMAL DISCUSSION

COMMUNICATIONS/CORRESPONDENCE

On a motion by Ms. Hughes, 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. Fay, it was duly voted:

To adjourn at 7:38 p.m.



                        A TRUE COPY

                        ATTEST:         _____________________________
                                                Colleen Hughes, Clerk