May 7, 2012
7:00 PM
The Planning Board for the City of Marlborough met on Monday, May 7, 2012 in Memorial Hall, 3rd Floor, City Hall 140 Main Street, Marlborough, MA 01752. Members present: Barbara Fenby, Sean Fay, Colleen Hughes, Philip Hodge and Clyde Johnson. Also present: Assistant City Engineer Thomas Cullen.
MINUTES
April 23, 2012
On a motion by Ms. Hughes, seconded by Mr. Johnson, it was duly voted:
To accept and file the meeting minutes with the amendments.
CHAIRS BUSINESS
APPROVAL NOT REQUIRED PLAN
93 Framingham Road
Decision
The City Engineer, Thomas Cullen, has reviewed the ANR Plan known as “Framingham Road, Lot 1 and 2” and can give a favorable recommendation to the Planning Board to endorse the plan.
On a motion by Mr. Johnson, seconded by Mr. Hodge, it was duly voted:
To accept and endorse a plan of land believed to be Approval Not Required of “Framingham Road, Lot 1 and 2, owned by: Melanson Development Group, Inc., PO BOX 564, Woburn, MA 01801. 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 57433 Page 136: Assessors Map 93 Parcel 87.
PUBLIC HEARING
SUBDIVISION PROGRESS REPORTS
City Engineer Update
Mr. Cullen stated that the only subdivision that is active is the Mauro Farm on Cook Lane. He stated that there had been some conservation issues, however with an independent conservation consultant the issues have been kept to a minimum.
Indian Hill
Correspondence from the City Solicitor
The City Solicitor stated he and other City Officials have been working on a plan for the City to acquire the fee interest in a 20 acre parcel in the Indian Hill Parcel, along with an appurtenant easement, approximately 10’ wide, which would provide a pedestrian access from that parcel to Callahan State Park. He stated the Planning Board’s involvement has to do with a subdivision approval date from 1990 which shows a 30’ access easement.
On a motion by Ms. Hughes, seconded by Mr. Johnson, it was duly voted:
To accept and file the correspondence.
Mr. Rider presented several GIS maps showing the Board where the parcel is located and the location of the easement. He stated that the subdivision was close to completion and that a part of the condition of the Target of occupancy permit was to complete the conversation restriction of the 30’ easement for the access to the State Park. However, since it’s use has been over twenty years before completion, the owners of condominiums on Azalea Lane have an exclusive use area which they believe they had right to use right up to the property line which now has sheds, play sets, and fences along or on the easement. Also noted was the fence that was placed on the condo land by the adjoining mobile home park.
During a site walk between the City Engineer, the City Conservation Officer, the Building Commissioner and the representatives of both the condo owners and developers, it was determined by the Conservation Officer that a 30’ easement would not be necessary and that a 10’ easement would be more acceptable. Mr. Rider stated that a public hearing would not be necessary since the residents are actually gaining more of a use area then what was originally proposed.
The Developer has agreed to move the objects that would be in the easement. The easement would be clearly marked for those who are using the easement to access the State park.
Mr. Fay questioned what effect this would have on the current deeds to those who own the condos. Mr. Rider stated that this would change in the subdivision plans and the master deed for the condominium association. Mr. Cullen stated that it would change on the acceptance plan and would be noted on the acceptance plans.
Ms. Hughes asked if the Conservation Commission has approved this easement. Mr. Rider informed her that they were meeting on May 17th. The Planning Board would like to see if the Conservation Commission has any issue with the change in easement, and if they do not, then the Board will take a vote at their next meeting.
On a motion by Ms. Hughes, seconded by Mr. Hodge, it was duly voted:
To table the request and to place on the next agenda for a vote.
PENDING SUBDIVISION PLANS: Updates and Discussion
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SIGNS
Sign Enforcement
Mrs. Lizotte will compile the list of signs that have brought to attention by the members and that were given to the Code Enforcement office.
UNFINISHED BUISNESS
Master Calendar
Mrs. Lizotte has updated the subdivision completion schedule. She will work with the IT department to be able to incorporate the list onto the City’s Website to be able to “view only” for information purposes.
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 was duly voted:
To adjourn at 8:23 p.m.
A TRUE COPY
ATTEST: _____________________________
Colleen Hughes, Clerk
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