September 12, 2011
7:00 PM
The Planning Board for the City of Marlborough met on Monday, September 12, 2011 in Memorial Hall, 3rd Floor, City Hall 140 Main Street, Marlborough, MA 01752. Members present: Barbara Fenby, Philip Hodge, Colleen Hughes, Sean Fay, Edward Coveney and Clyde Johnson. Also present: City Engineer Thomas Cullen.
MINUTES
August 1, 2011
On a motion by Ms. Hughes, seconded by Mr. Hodge, with Mr. Fay abstaining it was duly voted:
To accept and file the meeting minutes.
CHAIRS BUSINESS
City Council
Request To change City Zoning Ordinance, Section 650-25(A) (1) (a)
On a motion by Mr. Hodge, seconded by Mr. Fay it was duly voted:
To accept and file correspondence, to set the Public Hearing date of October 3, 2011 and to advertise.
APPROVAL NOT REQUIRED PLAN
12 Main Street/Granger Blvd, Plan of Abandonment
Submittal
Mr. Cullen, the City Engineer, is trying to create a parcel to return to the owner of the property that was inadvertently taken by the State Highway Layout 6481 in 1982.
Decision
Mr. Cullen has reviewed the ANR plan dates July 26, 2011 with the latest revision date of August 19, 2011. After completing his full review, he is in a favorable position to recommend to the Planning Board to endorse the plan.
On a motion by Mr. Johnson, seconded by Ms. Hughes, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of City of Marlborough, 135 Neil Street, Marlborough, MA 01752. Name of Engineer: Hancock Associates, 315 Elm Street, Marlborough, MA 01752. Deed of property recorded in South Middlesex Registry of Deeds Book 14839, Pages 543: Assessors Map 70 Parcel 283.
121 Main Street
ANR Submittal
Mr. Cullen, the City Engineer presented the plan to the Planning Board. He explained that this plan is to divide the existing parcel “A” into two parcels (parcels A &B). Parcels “A” & “B” shall not be used together with adjacent lots and parcel “B” shall be conveyed from the Marlborough Redevelopment Authority to be combined with the lot located at 121 Main Street for a total of combined area of 2908 Sq. Ft.
Decision
Mr. Cullen has reviewed the ANR plan submitted on August 6, 2011 with a revision date of September 6, 2011. After a full review of the plan, he can give a favorable position to recommend to the Planning Board to endorse the plan.
On a motion by Ms. Hughes, seconded by Mr. Coveney, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of Peter D’Aurora, 121 Main Street, Marlborough, MA 01752. Name of Engineer: Bruce Saluk & Associates, Inc. 576 Boston Post Road East, Marlborough, MA 01752. Deed of property recorded in South Middlesex Registry of Deeds Book 12558, Pages 546: Assessors Map 70 Parcel 29.
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
City Engineer Update
Mr. Cullen gave the following update:
· Mauro Farms: progressing nicely, a few foundations are in the process
· Indian Hill: finalizing the easements between the Developer and the City
Elm Farm Valley (Cleversy Drive)
Indemnification Agreement
Mr. Donald Rider, the City Solicitor, prepared the Indemnification Agreement for the Planning to review. The Developer’s Attorney, Michael Norris, who has reviewed the agreement with his clients, indicated his clients were not willing to sign the agreement with the provision that would require them to personally responsible.
There was some discussion concerning the trust continuing to be responsible, but no effect if it had no assets. Mr. Fay stated that there has to be a better way to resolve this issue.
Attorney Norris restated his original idea of recording the original plan page with an affidavit explaining a scrivener’s error. Mr. Fay said there were three ways to go about making a correction; do nothing, take an easement by eminent domain or record the unrecorded plan page. After some discussion, the Planning Board agreed the best way to rectify the issue was for Attorney Norris to send certified letters to the property owners notifying them of his intent to re-record the plan with an affidavit at the registry, then follow through with the recording, and then send notice to the Planning Board and the property owners that the recording has been completed. Attorney Norris was asked to consult with the City Solicitor when drafting the documents.
On a motion by Mr. Hodge, seconded by Mr. Coveney it was duly voted:
To accept and file the correspondence, to have Attorney Norris notify the homeowners, record the plan page showing the easement detail with the affidavit concerning the scrivener’s error at the registry, then notify the homeowners and the Planning Board.
Fiddlehead (Perry Lane)
Correspondence from Attorney Faxon
Attorney Faxon sent correspondence to the City Council asking them to be placed on their agenda for the Acceptance of Perry Lane.
Correspondence from City Council
The City Council sent correspondence regarding the status of the subdivision.
On a motion by Ms. Hughes, seconded by Mr. Coveney, it was duly voted:
To accept and file all correspondence, to send correspondence to the City Council that the Planning Board endorsed the acceptance of Perry Lane on August 1, 2011.
Mauro Farm (Spenser Circle and Nolan Way)
Correspondence from Attorney Pezzoni
Attorney Pezzoni sent correspondence to the Planning Board his reasoning behind the developers’ contention that a release of all lots is inherent with the appropriate performances and guarantees. As he stated, the Mass. General Laws Chapter 41, Section 81U provides performance guarntee by bonds, deposit of money or negotiable securities, and or covenant. He also stated that the Planning Boards own Rules and Regulations the applicant has complied with the requirements and it is anticipated that all the lots should be released.
The City Solicitor gave his thoughts on what he thought to be Mr. Pezzoni’s understanding of the Planning Board Rules & Regulations. He stated that his understanding is that once a developer meets the requirements of a covenant, tri-partite and a performance bond that all the subdivision lots would be released. Under the MA General Laws Chapter 41 section 81M which allows the Board to exercise with due regard the provision of Access to Lots in a subdivision.
Mr. Fay and Ms. Hughes were questioning that the original question of lot releases was still not answered to their satisfaction. It was asked by the City Solicitor if the Planning Board knew of any other City Planning Board within the State has faced the same issue. It was suggested for Mrs. Lizotte to contact several Cities on what their lot release process.
The Residences of Oak Crest (Graves Lane)
Bond Reduction
Tom Cullen, the City Engineer, has reviewed the bond for the subdivision at the Planning Boards request. During June and July of this year, the sidewalks were placed, final roadway binder was completed and at this time the following items remain:
· Setting granite bounds;
· Planting of roadside trees;
· Miscellaneous cleanup;
· As-built and acceptance plans.
Mr. Cullen is recommending that the Planning Board consider reducing the subdivision bond from $108,000.00 to $50,000.00.
On a motion by Mr. Johnson, seconded by Mr. Coveney it was duly voted:
To accept and file the correspondence; to reduce the subdivision bond from $108,000.00 to $50,000.00.
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. Hodge, 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 8:00 p.m.
A TRUE COPY
ATTEST: _____________________________
Colleen Hughes, Clerk
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