PLANNING BOARD MINUTES
December 20, 2010
7:00 PM
The Planning Board for the City of Marlborough met on Monday, December 20, 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: Assistant City Engineer Richard Baldelli.
MINUTES
Meeting Minutes December 6, 2010
On a motion by Mr. Coveney, seconded by Mr. Johnson , it was duly voted:
To table the meeting minutes until the next meeting.
CHAIRS BUSINESS
APPROVAL NOT REQUIRED PLAN
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
Update from City Engineer
Berlin Farms (Long Drive)
Correspondence from City Engineer
Mr. Baldelli, the Assistant City Engineer, sent correspondence to the Developer stating that he has made the following observations regarding the subdivision:
· Detention basin entrance still requires remedial work so that it complies with the proposed subdivision plans;
· Also required to install fencing around the detention basin as shown on the approved plans;
· Plant roadside trees per Planning Board requirements;
· Required As-built plans, Acceptance Plans and Legal Descriptions;
· Install the required street light for residents as stated in the most recent construction schedule, which is past due.
Mr. Baldelli’s correspondence also stated that his department along with the Planning Board has made several attempts for him update his completion schedule and subdivision approval. He suggested to Mr. Freeman that he should attend the next Planning Board Meeting.
On a motion by Mr. Fay, seconded by Mr. Coveney, it was duly voted:
To accept and file the correspondence.
Correspondence from Developer
In the correspondence from Mr. Freeman, he has stated the following:
· He has contacted National Grid for the street lights, two week install for light pole;
· The trees according to the plan are completed;
· Detention basin fencing and clean up will be performed in the spring;
· Will supply As-Builts and acceptance plans in the spring.
On a motion by Mr. Fay, seconded by Mr. Coveney, it was duly voted:
To accept and file the correspondence; to extend the subdivision approval until January 24, 2011 with the understanding the developer will provide an extensive subdivision completion schedule.
Country Club Estates (Stow Road)
Correspondence from City Solicitor
At the request of Attorney Bergeron, he verbally asked to postpone this matter citing a few things have not been “ironed out”.
On a motion by Mr. Fay, second by Mr. Coveney, it was duly voted:
To table this matter to the next meeting.
Davis Estates (Boivin Drive)
Correspondence from City Engineer, Subdivision Acceptance
Mr. Cullen is recommending to the Planning Board to accept the Davis Estates Subdivision. In his correspondence, he outlined the following:
· As-built Plan and Profile of Boivin Drive (Sheets 1 thru 2), for Davis Estates Subdivision, dates November 4, 2004 with the latest revision date of August 8, 2010. Note that the plans were prepared by Guerriere and Halnon inc. Engineering and Land Surveyors, 333 West Street, Milford, MA 01757;
· Plan of Acceptance of Boivin Drive and Municipal Easements (Sheet 1 thru 1) and Easements, dated October 30, 2009 with the latest revision date of December 3, 2010.
· The Latest Legal Descriptions
Mr. Cullen noted that all outstanding issues have been completed, namely the 30 roadside trees, installation of the fencing around detention basins and delivery of the four complete lamp posts to the DPW. A complete review has been performed by the Engineering Division and the work has been completed in accordance to the Planning Board’s Rules and Regulations. Mr. Cullen stated that the remaining bond monies of $149,000.00 should remain in effect until such time of the City Council accepting all roads and the Acceptance Plan and Municipal Easements have been recorded at the South Middlesex Registry of Deeds South District.
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.
Correspondence from Robert Valchious
Mr. Valchuis hand delivered correspondence asking the Planning Board to reduce the maintenance bond to 10% of the original value of the subdivision which would be $85,000. He stated that he has complied with all requests and that believes that this is a reasonable request.
On a motion by Mr. Fay, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence.
Street Acceptance
On a motion by Ms. Hughes, seconded by Mr. Johnson it was duly voted:
To endorse and accept Mr. Cullen’s recommendation that the subdivision known as “Davis Estates, As-built plot plan dated November 4, 2004 with revised date of August 8, 2010 drawn by: “Guerriere and Halnon, Inc.”
Bond Reduction
Mr. Baldelli stated that he previously spoken with the City Engineer and a bond reduction to
$110, 000.00 was reasonable. He also stated he had no issue with the reducing the bond to $85,000.00. Mr. Hodge stated that he had no issue considering all requests have been made in a timely manner and the subdivision was clearly a model subdivision.
On a motion by Mr. Fay, seconded by Mr. Johnson it was duly voted:
To reduce the bond amount to $85,000.00, which will remain in place until accepted by the City Council and all streets and easements have been registered.
Deerfield Village Subdivision (Pebbles Way)
Correspondence from Assistant City Solicitor
The Assistant City Solicitor has provided a copy of the Order of Acceptance and the copy of receipts from the Middlesex Registry of Deeds as proof the City has accepted Peebles Way and its associated easements and open space. All items have been recorded and receipts have been provided.
On a motion by Mr. Fay, seconded by Mr. Coveney, it was duly voted:
To accept and file the correspondence.
Correspondence from Developer
Mr. Giardina is asking for the release of the remaining bond monies for his accepted subdivision. The remaining amount is $11,401.00
On a motion by Mr. Coveney, seconded by Ms. Hughes, it was duly voted:
To accept and file the correspondence, to reduce the bond from $11,401.00 to $0.00 and to change the subdivision status to completed.
Fahey Street
Correspondence from Assistant City Solicitor
The Assistant City Solicitor copied the Planning Board in the Order of Acceptance fro the Fahey Street Subdivision. In the documents copies of the deed and plan were attached fro the City Council to approve.
On a motion by Mr. Fay, seconded by Mr. Johnson, it was duly voted:
To accept and file the correspondence.
Fiddlehead Subdivision (Perry Lane)
Correspondence from City Engineer, Subdivision Acceptance
Mr. Cullen has reviewed the following documents for the Fiddlehead subdivision and has summarized the following:
· Fiddlehead Subdivision As-Built Plan Perry Lane (Sheet 1 of 1), dated March 6, 2006 with the latest revision date of March 23, 2010 and stamped by Susan Sullivan, P.E. and Scott Hayes, P.E. December 7, 2010. The plan was prepared by Inland Survey, Inc. of Stow, MA;
· Acceptance Plan of Perry Lane and Municipal Easements (Sheet 1 thru 1) dated March 23, 2010 and stamped by Susan Sullivan, P.E. on December 7, 2010, Scale 1”=30’. The plan was prepared by Inland Survey, Inc, of Stow, MA;
· The latest Legal Descriptions.
Mr. Cullen also included the copy of the deed that transfers ownership of the Open Space parcel of Land: From Ronald J. Doran, Trustee of High Ground Realty Trust to the Conservation Commission of the City of Marlborough. This parcel consists of 11.102 acres if land and has been recorded in the South Middlesex Registry of Deeds, Book 25347, Page 305 and also attached is the Council Order No. 94-5752A which received the gift of real estate for conservation purposes.
Mr. Cullen also stated the Planning Board voted to rescind the bond in the amount of $124,194.87 on June 25, 2007 and had the City complete the necessary work to finish the subdivision. The remaining amount of the bond to date is $96.195.62. Mr. Cullen recommends keeping the bond monies until such time of the acceptance recording with the Middlesex Registry of Deeds South District, minus a $1,000.00 for crack sealing at random areas on Perry Land and any legal fees borne by the City associated with the approval process.
There were several easements that have been identified on the “Acceptance Plan of Perry Lane and Municipal Easement” which were summarized in his correspondence. The status of the subdivision has been reviewed by the Engineering Division and it has been determined that the work has now been completed in accordance with the Planning Board’s Rules and Regulations. He stated that the Planning Board or the developer (or the subdivision’s legal council) should take the necessary with the City Council to have Perry Lane including easements accepted by the City Council.
On a motion by Ms. Hughes, seconded by Mr. Coveney, it was duly voted:
To accept and file correspondence, to have the legal department review the easements prior to the acceptance.
Mauro Farm (Cook Lane)
Request for Bond Issuance
Martin Loiselle Jr., of Capital Properties, is requesting a bond amount to be established for the releasing of lots for the Mauro Farm Subdivision.
The Planning Board is also considering releasing the lots on an as needed basis, and not the whole subdivision at the same time. Mr. Baldelli stated he will review with the developer.
Councilor Clancy had some concerns about the runoff during the winter months. Mr. Baldelli stated the developer is not exactly sure if they are working through the winter months or will hold off until the spring season. He will report back when he has more information.
On a motion by Mr. Fay, seconded by Ms. Hughes, it was duly voted:
To accept and file the correspondence, to refer the bond request to the City Engineer for their review.
Shorter Street
Correspondence from Fire Chief
The Fire Chief, Ricky Plummer, responded via email that the he has no concern with the street not having a cul-de-sac.
On a motion by Mr. Fay, seconded by Mr. Coveney, it was duly voted:
To accept and place on file.
Correspondence from Police Chief
The Police Chief, Mark Leonard, responded to the Planning Board request that he has no issue with the width of the street.
On a motion by Ms. Hughes, seconded by Mr. Coveney, it was duly voted:
To accept and place on file.
Attorney Norris stated that he was expecting the subdivision to be released this evening. Mr. Baldelli stated that he just received the As-builts earlier in the day and has not had a chance to review. Also, Mr. Norris reported that Tim Collins, from the Engineering, spoke to the Building Commissioner regarding the driveway grades. Mrs. Lizotte had no confirmation from Building Commissioner Reid regarding this. She will ask Mr. Reid when he returns from vacation if there is an issue on the driveway grades.
Mr. Fay stepped out of the room due to conflict of interest.
Sterling Woods (Wyman Lane, Peltier Street, Brazeau Circle)
Request of Subdivision Acceptance
Mr. Farooq Ansari, developer for the subdivision, is requesting the acceptance review of his subdivision.
On a motion by Ms. Hughes, seconded by Mr. Johnson, it was duly voted:
To accept and place on file, to refer to the City Engineer for his review.
Water’s Edge (Worster Drive)
Correspondence from City Collector
The City Collector, Deborah Puleo, informed the Planning Board that the developer owes the City of Marlborough approximately $24, 343.93 in property taxes and that they should be paid prior to the Planning Board taking action.
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To accept and file correspondence, to notify Mr. Ansari stating the Planning Board cannot take any action on his subdivisions until all taxes are paid to the present date.
Mr. Fay returned back to the room.
PENDING SUBDIVISION PLANS: Updates and Discussion
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
SIGNS
This Item was addressed prior to 5C on a motion by Mr. Hodge, seconded by Mr. Coveney.
Target
605 Boston Post Road East
Request for Variance
Attorney Bergeron presented his case for a variance request for the new Target store located at 605 Boston Post Road East. He stated in his correspondence that his clients are only asking for an additional 27 Sq Ft which would complement the neighboring businesses (the Home Depot). He also stated that the uniqueness stems from the topography of the site; the building is set back from road to provide parking to the site and would be invisible to those potential customers traveling east.
The question regarding if the flatwall sign is technically a roof sign since a portion of the logo will be higher then the roof line. Mr. Bergeron argued that the sign is part of a flatwall sign with about 16 inches sticking about the roof line however it is anchored as part of the proposed
flatwall sign.
On a motion by Mr. Fay, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence.
Councilor Vigeant asked the Planning Board to please consider the variance because of the great opportunity it will provide for the surrounding businesses. He and Councilor Delano shared common interest in marketing the City of Marlborough to continue building the Target site when it sat dormant for a year.
Councilor Delano stated that he is the Ward Councilor across the street from the new Target. He stated that the business will provide the economic boom for the easterly side of Marlborough. He also asked for the Planning Board to consider the variance.
Councilor Ferro stated that he typically gets negative feedback from his constituents because they fear the traffic, he stated in Target’s case they are excited for the store to open. He also stated that the surrounding business also benefit with the store.
Councilor Clancy stated that is was only a portion of the circle was above the roof. This store can help attract the business that is lacking on the east side of the City.
On a motion by Ms. Hughes, Seconded by Mr. Coveney it was duly voted:
To GRANT Variance request of signage to 186 Sq Ft of Flatwall Signage, including a portion of the sign above the roof line.
The Planning Board granted this variance for the unique topography grades and the economic effects that the store will has on the Community.
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. Johnson, seconded by Mr. Coveney, it was duly voted:
To adjourn at 8:00 p.m.
A TRUE COPY
ATTEST: _____________________________
Colleen Hughes, Clerk
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