PLANNING BOARD MINUTES
November 8, 2010
7:00 PM
The Planning Board for the City of Marlborough met on Monday, November 8, 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 October 18, 2010
On a motion by Ms. Johnson, seconded by Mr. Hodge, it was duly voted:
To accept and file the minutes of October 18, 2010.
CHAIRS BUSINESS
APPROVAL NOT REQUIRED PLAN
424 South Street
Approval
Mr. Cullen gave an overview of the email that was provided between his office and the proponents’ engineer Mr. Thomas Dipersio. Mr. Cullen verbally recommends the endorsement to approve the ANR for 424 South Street.
On a motion by Mr. Johnson, seconded by Mr. Fay it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of South Street Reality Trust, 424 South Street, Marlborough, MA 01752. Name of Engineer: Thomas Land Surveyor and Engineering Consultants, 265 Washington Street, Hudson, MA 01749. Deed of property recorded in South Middlesex Land Court Case #4975B. Approximately 8.6 Acres located on the northerly side of 424 South Street.
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Cullen stated that the Waters Edge subdivision is closer to an acceptance, they still have some minor housekeeping that needs to be performed; Davis Estates is almost at completion with the detention fencing in place and the City will soon take the ownership of the extra decorative lights. He is expecting to have a letter with a recommendation to take the bond and finish the Berlin Farms subdivision since there has been no response from the developer or the developer’s attorney. He also reported that he has sent Attorney Norris correspondence about the Shorter Street Subdivision regarding the private way.
Blackhorse Farms
Correspondence from Benchmark Engineering
Mr. Donald Seaberg of Benchmark Engineering provided a response to the subdivision status request for Blackhorse Farms/Carisbrook II. In his correspondence he stated the following:
· The roadway has been swept and will be swept on a regular basis as required.
· The catch basins will be inspected and cleaned as required consistent with the City’s requirements.
· Erosion controls are currently being inspected on a weekly basis and will be maintained/fixed as needed.
· All the materials noted by the City Engineer have been removed and the subdivision was clean of debris left over from construction.
· It is their understating that the main concern of the gate/barricade is the snow removal ad that they are proposing that the gates be opened prior to any snow storm to allow the plows the opportunity to use the cul-de-sac as a turn around.
On a motion by Mr. Fay, seconded by Ms. Hughes it was duly voted:
To accept and file the correspondence.
Mr. Fay provided some pictures to the Board that he took over the previous weekend. These pictures show the silt fencing in disarray and needing tacks, debris in the leaves and the gate is locked. Mr. Fay stated that he was disappointed that the photos appeared to be inconsistent with the representations made in the developer’s correspondence.
Correspondence from the City Engineer
Mr. Cullen provided an email that was written in response to Mr. Seaberg. He stated that for each response of Mr. Seaberg, he would like a date provided when the work has been completed since no one from his office was notified on the maintenance of the subdivision and when things were performed. Mr. Cullen will be recommending to the Planning Board to reject the notion of the having the gate opened during a snow storm. He stated that the concerns of illegal dumping are the reason of the gate, and then he suggested they complete the subdivision and have it approved by the City.
On a motion by Mr. Johnson, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence.
Mr. Seaberg stated that he would have to talk to the developers regarding the dates when the tasks were performed and will provide them to Mr. Cullen. He also stated that the site is stable.
Mr. Fay stated that he disagreed with Mr. Seaberg on the condition of the subdivision. He stated that he believes the site is a hazard to the community. Mr. Cullen stated that it’s still a subdivision creating frontage on a road and he believes that the site is stable.
The Planning Board decided not to take action until Mr. Cullen gets the report as requested in his correspondence.
Elm Farm Valley Estates
Correspondence from Attorney Norris
Attorney Norris sent correspondence requesting that his clients bond be reduced to $0.00. He also enclosed correspondence that he sent to the City Solicitor, Donald Rider. In his correspondence to the Solicitor, Mr. Norris stated that his clients should not be held responsible for the Engineering departments mistakes, release all funding and accept the subdivision.
On a motion by Mr. Johnson, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence.
Mrs. Geraldine Fossile spoke to the Board about the issues that still exist. She stated that when the subdivision was approved it was all done correctly and that it was City Engineers fault for not seeing the correct wording on the easements. She thinks it’s unfair of the City to still hold their bond monies.
The City Solicitor, Donald Rider, stated that he has received one of the three approvals for the change in easement language from the current homeowners. He stated that he will try once again to go to the residences and speak to the homeowners where the easements are located. He asked the Planning Board not to make any further decisions until the next Planning Board meeting on November 22, 2010.
Forest Grove
Correspondence from Benchmark Engineering
Mr. Seaberg stated in his correspondence that they have given the Open Space Development Special Permit requirement of $5,000 to the Conservation Officer.
On a motion by Mr. Johnson, seconded by Mr. Coveney it was duly voted:
To accept and file the correspondence.
Correspondence from Priscilla Ryder
Ms. Rider sent correspondence notifying the Planning Board that they have received condition #15 of the Open Space Special Permit, in which the trail system and kiosk have been installed by volunteers.
On a motion by Mr. Johnson, seconded by Mr. Coveney, it was duly voted:
To accept and file the correspondence.
Subdivision Acceptance
On a motion by Mr. Johnson, 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 “Forest Grove Subdivision, As-built plot plan dated January 4, 2004 with revised date of January 7, 2010 drawn by: Cabco Consult Land and Environmental Consulting Services, with the streets have remained in satisfactory condition for the year long maintenance period. The remaining bond will stay in place until certification of the recordings.
Kingsview
Request for Lot release #15K
Attorney Vincent Vilkas is seeking relief for lot #15K (14 Princess Road) from the original covenant in 1960.
On a motion by Ms. Hughes, seconded by Mr. Coveney it was duly voted:
To allow Ms. Fenby sign the Certificate of Performance request granting relief from the covenant for lot #15K of the Kingsview Subdivision.
Mr. Fay stepped out of the room stating a potential conflict of interest.
Water’s Edge
Request for acceptance
Attorney Christopher Flood represents Farooq Ansari and is seeking a subdivision acceptance on the development known as Water’s Edge. He stated that they have sent the Department of Public works the necessary document package and would like the Planning Board to accept the subdivision.
On a motion by Ms. Hughes, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence, to refer the correspondence to the City Engineer for his review.
Mr. Fay returned to the room.
PENDING SUBDIVISION PLANS: Updates and Discussion
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
SIGNS
162 Main Street
Variance Request
Elias DeAquino is seeking a variance request for his proposed awning at 162 Main Street. Mr. DeAquino stated the Planning Board should allow the awning because it would look good, it would add a vision to the downtown district and people would be able to locate the church.
Correspondence from Steve Reid
The Building Commissioner responded to the variance request by stating that the location of the property is the building next to City Hall and has roughly 5 to 6 businesses and the location is also in the “Downtown Business District”. He gave the following reasons why he denied the sign:
· Application was not signed by the owner of the property;
· The represented façade width is 20” which through calculation of 1.5 Sq Ft for each lineal feet of façade equals a maximum of 30 Sq Ft allowable of flatwall sign, application is requesting 60 Sq Ft;
· Flatwall signage cannot cover more then 7/8 of faced width, this application exceeds that requirement;
· Also, application must be presented to the Marlborough Design Review Board for their approval, has not yet been requested to pass their judgment.
On a motion by Mr. Fay, seconded by Mr. Hodge it was duly voted:
To accept and file correspondence; to unanimously deny the variance request without prejudice.
Mr. DeAquino needs to complete the necessary steps prior to asking the Planning Board for variance relief.
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. Coveney, it was duly voted:
To adjourn at 7:58 p.m.
A TRUE COPY
ATTEST: _____________________________
Colleen Hughes, Clerk
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