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Planning Board Minutes 11/07/2011
November 7, 2011
7:00 PM


The Planning Board for the City of Marlborough met on Monday, November 7, 2011 in Memorial Hall, 3rd Floor, City Hall 140 Main Street, Marlborough, MA 01752.  Members present: Barbara Fenby, Philip Hodge, Colleen Hughes, Sean Fay, and Clyde Johnson.  Also present:  Assistant City Engineer Timothy Collins.

MINUTES

October 17, 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
Proposed Amendment to Affordable Housing Units

The Planning Board asked the Community Development Authority their opinion of the proposed amendment change since they would be the benefactor.  Lynn Faust, Vice Chair, sent correspondence on behalf of the CDA in which they voted unanimously to affirm these three points:

·       CDA is not in favor of the proposal,
·       CDA would be in favor if the amendment if the last sentence ended with “ as affordable housing units in the SHI”,
·       And if the change is not made to the amendment, that the CDA would consider the amendment as improved if the last sentence would read, “or a sum not less then the amount necessary, in the opinion of the CDA, pursuant to its input into the special permit process, to cause the construction of said number of affordable housing units plus 19% for administrative expenses, shall be paid to the Community Development Authority at such time City Council shall determine.”

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

To accept and file correspondence.

Decision

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

To send a negative recommendation to the City Council on the proposed amendment to Chapter 650-26 (1)(a) of Code of the City of Marlborough, Affordable Housing.   

APPROVAL NOT REQUIRED PLAN

PUBLIC HEARING

SUBDIVISION PROGRESS REPORTS

City Engineer Update

Mr. Collins updated the Board on the following:

·       Berlin Farms: the Developer has placed the fence per specifications, they are waiting on the as-builts, still in communication with the developer, asked to table the bond revocation at this time
·       West Ridge & Cider Mill Estates:  Curbing has been placed around the new homes.

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.

Davis Estates (Boivin Drive)
Recording and Release of Bond

The Developers Attorney has recorded all plans and deeds of Conveyance and has duly recorded all at the Middlesex South Registry of Deeds.

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

To accept and file all correspondence.

The Planning Board all agreed that since the City Council has accepted the subdivision, with all deeds and documents recorded, they are now in position to return the remaining bond monies of $85,000.00.

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

To return the remaining bond monies of $85,000.00, terminate the existing Tri-Partite Agreement between, Mr. Valchuis, Marlborough Savings Bank and the City of Marlborough Planning Board.

Elm Farm Estates Valley (Cleversy Drive)
Correspondence from Attorney Norris

The Developers Attorney has shown to the Board the recorded copies of the registered scrivener’s affidavit, the attempts of the certificate mailings and is asking the Planning Board to accept the subdivision.

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

To accept and file correspondence.

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

To endorse the subdivision known as “Plan of Acceptance of Cleversy Drive and Easements, Marlborough, MA’, dated May 4, 2001 with the latest revision date of April 14, 2010, scale 1”=40” drawn by Robert J. Parente P.L.S. 15 Hickory Road, Southborough, MA as with a Scriveners’ Affidavit, Book 57730 Page 22” has remained in satisfactory condition for the year long maintenance period. The remaining bond will stay in place until certification of the recordings.

Shaughnesy Estates II (Kelber Drive)
Bond Revocation

The City Solicitor has reviewed all documents for the bond revocation for the Shaughnesy Estates subdivision.

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

To accept and file all correspondence.

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

To allow the Planning Board members sign the Notice of Default and authorize the Chair to sign Sight Draft for the performance bond of the subdivision known as “Shuaghnesy Estates (Phase II)”,

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 7:28 p.m.


                        A TRUE COPY

                        ATTEST:         _____________________________
                                                Colleen Hughes, Clerk