PLANNING BOARD MINUTES
November 22, 2010
7:00 PM
The Planning Board for the City of Marlborough met on Monday, November 22, 2010 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Colleen Hughes, Clerk, Philip Hodge, Edward Coveney and Sean Fay. Also present: Assistant City Engineer Richard Baldelli.
MINUTES
Meeting Minutes November 8, 2010
On a motion by Ms. Hughes, seconded by Mr. Coveney, it was duly voted:
To accept and file the minutes of November 8, 2010 with minor revisions.
CHAIRS BUSINESS
Mass Development
Steven J, Chilton, Senior Vice President of Mass Development has sent correspondence regarding the consideration of the final approval for a revenue bond project to be financed on behalf of UMass Memorial Medical Center. The purpose of the letter is to notify the board of the project and to ask if the proposed project conflicts with an exiting local or regional comprehensive plan.
On a motion by Mr. Coveney, seconded by Mr. Hodge it was duly voted:
To accept and file the correspondence.
On a motion by Ms. Hughes, seconded by Mr. Coveney it was duly voted:
To refer the letter to the City Council.
APPROVAL NOT REQUIRED PLAN
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Mr. Baldelli stated there was no update at this time.
On a motion by Ms, Hughes, seconded by Mr. Hodge it was duly voted:
To move up agenda item 5E.
Elm Farm Valley Estates
Mrs. Lizotte received a late email from the City Solicitor which stated that he has not been able to secure the easements and that efforts will continue. He also stated that if Mr. and Mrs. Fossile attend the meeting, that the Board can choose whether to vote on the remainder of the bond.
On a motion by Mr. Coveney, seconded by Mr. Hodge it was duly voted:
To accept and file the correspondence.
Mr. Fay stated the he is uncomfortable going against Mr. Cullen’s recommendations. He also stated that we should also begin to look at Plan B. Since the plan that was approved clearly identified the easement properly as part of the public record, Mr. Fay offered the possibility of notifying the effected homeowners that a confirmatory easement is being recorded as an alternative to negotiating separate, individually recorded easements
Mr. Hodge stated that he would support that motion but was concerned about how this would effect the subdivision. Mr. Baldelli confirmed that the properties that have the easement issues would affect all of the subdivision because of the way the water is circled through the subdivision. He stated in case of emergency the City would enter and make repairs, but might be sued by the property owners for trespass or property damage. Mr. Baldelli stated that the current homeowners have put the acceptance of the subdivision in a holding pattern.
Mr. Fossile stated that the easements can be filed if that is what the Board wishes to do. Mrs. Fossile stated that someone should go to the two owners and explain to them what the consequences would be if they do not accept the terms to the easement.
On a motion by Mr. Hodge, seconded by Mr. Coveney it was duly voted:
To have Mr. Hodge and Mr. Fay draft correspondence to the homeowners notifying them of the nature and extent of the City’s easement and that the developer would be recording a confirmatory easement plan.
Blackhorse Farms
The Planning Board was disappointed they did not receive any further comments since the last meeting held on November 8, 2010 when the developer was asked to provide an updated completion schedule. Mr. Fay suggested to the other members that the Board should take action on the developer’s extension request.
Councilor Delano stated that the current owners of the single house built stated that they should not have to live amongst the debris of the un-built subdivision and that there should be a solution even if the City must pull the bond.
The Board discussed the possibility of pulling the remaining bond to complete the subdivision. Ms. Hughes stated if that was the case the lots would remain in the same condition. The Board agreed that the developer should be put on notice that they are making a decision on the subdivision extension at their next meeting.
On a motion by Mr. Fay, seconded by Mr. Coveney it was duly voted:
To schedule a vote for the Board’s next meeting on December 6th to approve or deny the developer’s request for an extension, and to notify the developer that a vote denying the extension would put the status of the subdivision in doubt, prohibit the Board from acting on any requests for bond reductions, and suspend the developer’s ability to perform any work on the property unless and until the developer established to the satisfaction of the Board and the City Solicitor, that the subdivision was in good standing.
Davis Estates
Correspondence from the City Engineer
Mr. Cullen sent the developer correspondence stating that the City must take ownership of the 4 street light fixtures prior to acceptance of the subdivision.
On a motion by Mr. Coveney, seconded by Ms. Hughes, it was duly voted:
To accept and file correspondence.
Deerfield Village
Correspondence from Assistant City Solicitor
In response to the City Council, Mrs. Panagore-Griffin sent the proposed order of acceptance, municipal easements, and open space for the Deerfield Village subdivision. She stated it was in proper form for the City Councils to consider.
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To accept and file correspondence.
Forest Trail
Extension Request
Attorney Dan Burger has asked to extend the subdivision approval until December 20, 2010. The Board asked if any action was taken since the last request. Mrs. Lizotte stated Mr. Burger confirmed a there was a meeting between the developer and the new fire chief regarding the Knox Box lock.
On a motion by Mr. Fay, seconded by Mr. Hodge it was duly voted:
To accept and file correspondence.
The Planning Board took no action on the extension request.
PENDING SUBDIVISION PLANS: Updates and Discussion
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
SIGNS
INFORMAL DISCUSSION
COMMUNICATIONS/CORRESPONDENCE
On a motion by Ms. Hughes, 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. Coveney, seconded by Mr. Hodge, it was duly voted:
To adjourn at 7:45 p.m.
A TRUE COPY
ATTEST: _____________________________
Colleen Hughes, Clerk
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