July 18, 2011
7:00 PM
The Planning Board for the City of Marlborough met on Monday, July 18, 2011 in Memorial Hall, 3rd floor, City Hall, Marlborough, MA 01752. Members present: Barbara Fenby, Philip Hodge, Colleen Hughes, Clyde Johnson, Edward Coveney and Sean Fay. Also present: City Engineer Thomas Cullen.
MINUTES
June 20, 2011
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To accept and file the meeting minutes, with an amendment.
CHAIRS BUSINESS
Correspondence from the City Engineer
Mr. Cullen is asking the Board to consider adding language to their rules and regulations. He stated that the Board should require a trust or some other legal instrument be created prior to deeding any land to others that will hold said roadway fee interest and or/ easement. Mr. Fay stated that was a good idea because the transfer of land could go to an LLC instead of a realty trust. This will protect both the Planning Board and the developers.
On a motion by Mr. Hodge, seconded by Ms. Hughes, it was duly voted:
To ask the City Solicitor for his opinion as well as the language to incorporate this into the Boards Rules and Regulations.
APPROVAL NOT REQUIRED PLAN
93 Framingham Road
Submittal
Mr. Melanson presented to the Board the ANR Plan for 93 Framingham Road. This Plan shows the lot divided into 5 ANR lots consisting of the following with zoning requirements of the A-2 zoning:
· Lot 1 24,978 Sq Ft with 158.25 of lot frontage;
· Lot 2 31,451 Sq Ft with 138.70 of lot frontage;
· Lot 3 37, 943 Sq Ft with 152.53 of lot frontage;
· Lot 4 41,754 Sq Ft with 133.72 of lot frontage;
· Lot 5 75,452 Sq Ft with 137.69 of lot frontage.
He stated at this time he decided to withdrawal the subdivision plans and develop ANR lots. He did state that he may return at a later date to the Planning Board for a subdivision.
On a motion by Mr. Hodge, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence, to refer the ANR plan to the City Engineer for his review and have him report back at the next scheduled meeting.
Correspondence from Code Enforcement
Ms. Wilderman explained she has spoken to the property owner about the blight conditions that currently exist. She asked the Planning Board to relay her concerns to the developer.
On a motion by Mr. Hodge, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence.
On a motion by Mr. Fay, seconded by Ms. Hughes, it was duly voted:
To move up agenda items 7A & 7B.
Walker Estates
Extension Request
Mr. Bergeron is asking to extend the timeline for consideration until September 30, 2011.
On a motion by Ms. Hughes, seconded by Mr. Coveney, it was duly voted:
To accept and file the correspondence.
Withdrawal Request
Mr. Bergeson is requesting that the pending request for an Open Space permit be withdrawn.
On a motion by Ms. Hughes, seconded by Mr. Coveney it was duly voted:
To accept the request, hereby withdrawals the Walker Estates Subdivision without prejudice.
11 Paquin Drive
Submittal
Mr. Berte presented to the Board the ANR plan for his home at 11 Paquin Drive. He is looking to convey a portion of Lot 2 consisting of 7,486 Sq Ft to Lot 1.
On a motion by Mr. Hodge, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence, to refer the ANR plan to the City Engineer for his review and have him report back at the next scheduled meeting.
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
City Engineer Update
Mr. Cullen provided a Subdivision Status report, he highlighted the following:
· Fiddlehead: Cracked Sealing was completed
· Waters’ Edge: Awaiting Acceptance
· The Residences at Oak Crest: Developer is preparing as-builts, almost at completion
· Indian Hill: Almost to an agreement of the walking trails to Callahan State Park
The Board asked if the start dates of the subdivisions can be inserted, Mrs. Lizotte will provide those dates to Mr. Cullen.
Cider Mill Estates
Correspondence from Engineering
Mr. Timothy Collins, the Assistant City Engineer, provided correspondence to the request of the developer for a bond reduction. He stated the following was work that has not been completed:
· Drainage (only 76% is complete);
· Pavement (only 54% is complete);
· Granite curbing and sidewalks have not been installed;
· Roadway and easement bounds have not been set;
· Roadside trees have not been planted;
· Street lighting has not been fully installed;
· Goodwin streets signs have not been installed to date.
On his findings, he can recommend reducing the current bond from $462,000.00 to $410,000.00.
On a motion by Ms. Hughes, seconded by Mr. Hodge, with Mr. Fay opposing, it was duly voted:
To accept and file correspondence, to reduce the current bond amount of $462,000.00 to $410,000.00.
Extension of Subdivision
Mr. Donald Seaberg is asking for a one year extension on the subdivision, he also provided a copy of the remaining bond certificate. With some discussion, the Board decided to extend the expiration close to the termination of the bond date.
On a motion by Mr. Coveney, seconded by Ms. Hughes, it was duly voted:
To accept and file correspondence, to extend the date of subdivision approval until March 1, 2012.
Elm Farm Valley
Indemnification Agreement
Mr. Rider has spoken to the developer’s attorney and all changes have been made as necessary. After some discussion, the Board would like to add language regarding the principal owners. Mr. Rider will add the language and present it to the developer’s attorney.
West Ridge Estates
Bond Reduction
Mr. Timothy Collins, the Assistant City Engineer, has reviewed the subdivision and found the following work not completed:
· Pavement not completed (44% completed);
· Roadway and easement bounds need to be certified by Registered Land Surveyor;
· Roadside trees are not planted;
· Guardrails with fencing have not been installed.
Mr. Collins can recommend to the Planning Board that the current bond of $216,000.00 can be reduced to $127,000.00.
On a motion by Mr. Coveney, seconded by Mr. Johnson, with Mr. Fay opposing, it was duly voted:
To accept and file correspondence, to reduce the current bond from $216,000.00 to $127,000.00.
PENDING SUBDIVISION PLANS: Updates and Discussion
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SCENIC ROADS
SIGNS
INFORMAL DISCUSSION
Mauro Farms
Lot release
At the last meeting the Attorney for the developer made a representation that the Planning Board must release all lots under 81U. The Planning Board asked him to prove the statement is true; however no clarification has been made. Mr. Fay suggested sending correspondence kindly asking the attorney to either provide evidence of a blanket release must be granted or there could be a consequence of the lot releases for the subdivision.
Mr. Hodge agreed with Mr. Fay’s questioning of the Attorney; however he is concerned that if any sanction is taken against the attorney, the developer would be the one being punished. Mr. Rider speculated that the Attorney could have thought that between the bond of $1,400,000.00, tri-partite agreement and the covenant should have sufficed enough to do a blanket release of lots.
On a motion by Mr. Fay, seconded by Mr. Johnson, it was duly voted:
To send correspondence to the Attorney, asking him to define his statement and invite him to the next Planning Board meeting on August 1, 2011.
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 Ms. Hughes, it was duly voted:
To adjourn at 8:15 p.m.
A TRUE COPY
ATTEST: _____________________________
Colleen Hughes, Clerk
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