The Planning Board for the City of Marlborough met on Monday, April 25, 2011 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 Timothy Collins.
MINUTES
April 11, 2011
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To accept and file the meeting minutes with amendments.
CHAIRS BUSINESS
APPROVAL NOT REQUIRED PLAN
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
City Engineer Update
Mr. Collins stated that the due to the start of the construction season, they have not been able to review the bonds reductions for Cider Mill Estates or West Ridge Estates.
Cider Mill Estates
City Collector’s Correspondence
Ms. Puleo confirmed that all tax payments are current at the present time.
On a motion by Ms. Hughes, seconded by Mr. Coveney, it was duly voted:
To accept and file correspondence.
Code Enforcement Correspondence
Ms. Wilderman provided an update that the both subdivisions (Cider Mill Estates and West Ridge Estates) that included pictures of their current state. She stated other then some stockpiling of materials; she stated they appear to be “blight” free.
On a motion by Mr. Fay, seconded by Mr. Coveney, it was duly voted:
To accept and file correspondence.
Mr. Fay is asking for a complete detailed review of the subdivision status when the City Engineer does his reduction review, including the fee structures.
On a motion by Mr. Fay, seconded by Mr. Hodge, it was duly voted:
To ask the City Engineer for a detailed review of both subdivisions.
Shorter Street
Correspondence from the Assistant City Engineer
The Planning Board asked the Legal Department the best way to ask the City Council Public Services Committee to remove this subdivision off the table as well as the best way to amend the subdivision as-built plans and associated deeds. Ms. Panagore-Griffin goes on to state that the Public Services voted to lay the issue on the table at the December 6, 2010 meeting, but failed to remove the issue from the next meeting on January 24, 2011, in which the motion died but the order remains in committee.
Also, it is her understanding that it’s been a year past the completion date since the developer completed construction improvement under the Section V and the modified Covenant, except for the City’s acceptance of the easement. She goes on to state because the issue is before the City Council, and the requirement for acceptance of streets is interpreted to include easements, the Planning Board may wish to determine the City Council’s unambiguous intention to accept, or not accept, the easement before releasing the remaining bond money.
She is suggesting that the Planning Board consider making a request to the Public Service Committee that they place the order back on their agenda, that they vote not to accept the easement in accordance with the Planning Boards February 17, 2011 recommendation, and that they report out their action to the City Council for its vote or that they inform the Planning Board of their intention to allow the order to expire without action at the end of the legislative session on December 31, 2011. Any response from the Public Services Committee will either require the Planning Board to delay releasing the bond until after the City Council holds its vote, or allow the Planning Board to immediately release the bond if the order will eventually expire in committee.
Mrs. Panagore-Griffin stated that the as-builts have not been recorded for the subdivision and the since the City Engineer will not require amendments to the as-built plans. She is suggesting that an affidavit under the M.G.L. c. 183 ss 5B, will remove any future doubts or concerns as regards to any legal effects of the recorded Easement Agreement and definitive subdivision plan which purports to convey the turn-around easement to the City. Once the City Council takes an action, the Planning Board is free to vote on the proposed affidavit.
On a motion by Mr. Fay, seconded by Mr. Coveney, it was duly voted:
To accept and file correspondence; to ask the City Council Public Services Committee to place Order No. 10-1002748 on their next agenda, to ask they vote not to accept the easement in accordance to the Planning Boards February 17, 2011 and report out to the City Council, OR inform the Planning Board that their intention is to let the order expire without action at the end of the legislation session.
West Ridge Estates
Ms. Puleo confirmed that all tax payments are current at the present time.
On a motion by Ms. Hughes, seconded by Mr. Coveney, it was duly voted:
To accept and file correspondence.
PENDING SUBDIVISION PLANS: Updates and Discussion
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
Walker Estates
Open Space Special Permit Submission
Mr. Bruce Saluk presented the subdivision to the Planning Board. The date for the public hearing is set for May 9, 2011 at 7:15pm.
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
SIGNS
INFORMAL DISCUSSION
COMMUNICATIONS/CORRESPONDENCE
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To accept all of the items listed under communications and/or correspondence.
On a motion by Ms. Hughes seconded by Mr. Coveney, it was duly voted:
To adjourn at 7:20 p.m.
A TRUE COPY
ATTEST: _____________________________
Colleen Hughes, Clerk
| 
