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Planning Board Minutes 10/17/2011
October 17, 2011
7:00 PM


The Planning Board for the City of Marlborough met on Monday, October 17, 2011 in Memorial Hall, 3rd Floor, City Hall 140 Main Street, Marlborough, MA 01752.  Members present: Barbara Fenby, Philip Hodge, Colleen Hughes, Sean Fay, Clyde Johnson and Edward Coveney. Also present:  City Engineer Thomas Cullen.

MINUTES

September 12, 2011

On a motion by Ms. Hughes, seconded by Mr. Fay, it was duly voted:

To accept and file the meeting minutes with amendments.

October 3, 2011

On a motion by Mr. Fay, seconded by Ms. Hughes, it was duly voted:

To accept and file the meeting minutes with amendments.

CHAIRS BUSINESS
Proposed Amendment to Affordable Housing Units

Mr. Fay stated that he had some concerns with amending the ordinance for one particular developer.  Mr. Fay questioned whether the units would be counted if the Developer paid money instead of building the units until the units are built.  Mr. Hodge stated that he was skeptical changing the ordinance to benefit a developer where the effect would not benefit those who need affordable housing. The questions from the Board posed who would monitor the housing units and does the City have the resources to mandate this change.

Prior to making a decision the Board would like to see a tract version of the amendment and to ask the CDA’s opinion about this proposed amendment.

APPROVAL NOT REQUIRED PLAN

PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS

City Engineer Update

Mr. Cullen updated the Board on the following:

·       Berlin Farms: the Developer has been working with the City Engineer to complete his subdivision, the City Engineer is recommending to the Planning Board        to defer the vote of revocation until further notice;
·       Shaughnesy Estates II: suggested to move forward with the revocation
·       West Ridge & Cider Mill Estates:  has spoken to the project manager and has started some of the outstanding items.


Berlin Farms (Long Drive)
Bond Revocation

In the City Engineers update, he suggested that the Board hold off on the revocation since the developer is working to complete the outstanding items.

On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:

To table the matter until the next Planning Board meeting.

Elm Farm Valley (Cleversy Drive)
Correspondence from Attorney Norris

Mr. Norris sent correspondence to the two owners of the home effected by the “easement” and stated that a scrivener’s affidavit with the correct plan will be recorded at the Registry of Deeds.  He mentioned that his will not affect the use of their property.

On a motion Ms. Hughes, seconded by Mr. Coveney, it was duly voted:

To accept and file correspondence.

Mauro Farm (Spenser Circle and Nolan Way)
Engineering Bonds

Mr. Cullen asked his Engineering Colleagues in other communities on how they determine whether to bond the whole subdivision in its entirety or to phase.  His report shows that in Shrewsbury and Worcester allow phasing when it makes sense.

·       Shrewsbury: Field Engineer determines bond amount, developer has potion to bond all or portion of the work, when bond is released or reduced, covenant will be secured before lot release;
·       Worcester: A covenant is signed for the whole subdivision, roadway construction must be completed before house construction and occupancy, and entire phase must be secured with bond or security.

Shaughnesy Estates II (Kelber Drive)
Bond Revocation

Mr. Cullen stated at last meeting the Planning Board should pull the reaming bond for this subdivision and Mr. Connolly, legal council for Avidia bank, stated to pull the remaining bond for the City to complete the remainder of the subdivision.

On a motion by Ms. Hughes, seconded by Mr. Coveney, it was duly voted:

To revoke the remaining bond in the amount of $172,000.00 plus accrued interest, to forward documents to the City Solicitor to review the paperwork for proper form for revoking the bond, to notify the developer’s attorney of the proceeding documents and to have the chairperson Fenby sign documents once returned from the City Solicitor.

PENDING SUBDIVISION PLANS: Updates and Discussion

PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS

DEFINITIVE SUBDIVISION SUBMISSIONS

SCENIC ROADS

SIGNS
Rotary Club
Temporary A Frame Signs

Elaine McDonald, of the Marlborough Rotary Club, is seeking relief from the City’s Sign Ordinance to place two “A” frame signs at the end of Agoritas Drive and Union Street for their annual recycle day.  They are asking to display these signs from October 18 through October 22, 2011 and removed right after the event.

On a motion by Mr. Hodge, seconded by Mr. Coveney, it was duly voted:

To grant a temporary variance to allow the placement of the two signs at the corner of Agoritas Drive and Union Street, between October 18, 2011 and October 22, 2011 and to notify the Code Enforcement Officer of the temporary variance.

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 Ms. Hughes, it was duly voted:

To adjourn at 8:00 p.m.

                        A TRUE COPY

                        ATTEST:         _____________________________
                                                Colleen Hughes, Clerk