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Planning Board Minutes 05/21/2012

May 21, 2012
7:00 PM

The Planning Board for the City of Marlborough met on Monday, May 21, 2012 in Memorial Hall, 3rd Floor, City Hall 140 Main Street, Marlborough, MA 01752.  Members present: Barbara Fenby, Sean Fay, Colleen Hughes, Philip Hodge, Edward Coveney and Clyde Johnson.  Also present:  City Engineer Thomas Cullen.

MINUTES

May 7, 2012

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

To accept and file the meeting minutes.

SIGNS

The Planning Board had the opportunity to ask Ms. Wilderman, Code Enforcement Officer, and Mr. Stephen Reid, Building Commissioner, a few questions regarding the ongoing prohibited signs. Ms. Wilderman explained that in the past few months her documented violations and the process it takes to just to send out the violations.  She stated that of the 25 sign violations all but two have rectified the violation.  She stated that under the sign ordinance she can assign a fine of $50.00, but under the blight ordinance she can issue fine violations up to $300 per day, per violation.  

They also discussed the collection bins. Mr. Reid stated it was more of a site plan issue because of the location of the bins taking over parking spaces or sidewalk space. He stated that there were a few placed at Fuji Steakhouse, after calling the business owner, they were removed.  

Mr. Fay expressed his concern that property owners who have been denied a variance are in violation of the sign ordinance with banners and other non-permitted signs. He also expressed concern that a property owner who is denied a variance could sue the City for selective enforcement with the current level of enforcement of sign violations.

Mr. Reid stated that some violations are easier to resolve then others, especially when there is a contact person. He stated sometimes it’s a new manager or the companies think that it’s okay to place the sign after certain times.   Ms. Wilderman stated that if there is a contact person for the violators it was much easier, but she stated that some signs (ex. Telephone poles and yard signs) do not have a local contact or you get answering services when you do contact them.  

Ms. Hughes also stated that it may be possible to utilize the summer internship program and having an intern with a city employee pick up the illegal signs.  It was also suggested that some of the members will use their cameras to take pictures of the illegal signs, then send the violations to Mrs. Lizotte and she will then forward them to Ms. Wilderman’s office.

CHAIRS BUSINESS

APPROVAL NOT REQUIRED PLAN
Map 21, River Road, Berlin
Submittal

Mr. Dipersio presented the plan to the Board. The land’s frontage is on River Street in Berlin, 16 total acres; 10 acres in Berlin and 6 acres in the City of Marlborough. Most of the land that is in Marlborough is wetlands and will be reviewed by the conservation

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

To accept and file correspondence; to have the City Engineer review the ANR known as “Plan of Land in Berlin and Marlborough” and to report back to the Planning Board at the next meeting with the findings.

141 Maple Street, ANR
Submittal

Mr. David Humphrey presented the plan to the Planning Board. He stated that the owners have sold the building and are looking to preserve the remaining lot.  Lot A consists 39,357 Square Feet with frontage on Maple Street and Lot B is consisting of 1.91 Acres and lot frontage on Valley Street.

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

To accept and file correspondence; to have the City Engineer review the ANR plan known as “141 Maple Street” and report back to the Planning Board at the next meeting with the findings.

PUBLIC HEARING

SUBDIVISION PROGRESS REPORTS

City Engineer Update

Mr. Cullen stated that Tim Collins, the Assistant City Engineer, will be meeting with a Howard Fafard later this week to discuss the West Ridge Estates and the Cider Mill Estates. He will also mention to Tim to ask about Blackhorse Farms.

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

To move up item 6B.

The Residences of Oak Crest
Extension Request

Mr. John Breslouf, the developer, is asking the Board to extend his subdivision. He stated that the subdivision still needs the following preformed:  set granite bounds, plant roadside trees, Misc clean up and As-Built plans need to be approved.   All taxes to date have been paid as well as the Code Enforcer has seen no blight at the subdivision.  Mr. Cullen stated that the developer has been very accommodating to all requests and sees no objection in granting an extension.

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

To accept and file the correspondence, to extend the subdivision to June 12, 2013 and to have the City Engineer to review the bond for a reduction.

Fiddlehead
Correspondence from the City Engineer

Mr. Cullen stated that have fully reviewed the subdivision, the subdivision has been accepted by both the Planning Board and City Council and acceptance has been registered with  the Registry of Deeds.  He is recommending to release the remaining bond.

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

To accept and file correspondence, to release the reaming bond back to the developer.

Indian Hill
Correspondence from the Conservation Commission

The Conservation Commission has reviewed the draft plan “Indian Hill Park” Easement Plan of Land in Marlborough MA for the reduced easement width of 10 feet.  They have recommend that the easement area is acceptable in size and concept and can easily accommodate a public access trail.

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

To accept and file correspondence.

All of the members were in agreement of the reduced easement. They discussed asking the City Solicitor whether the easement plan was in recordable from so that the Board could take a vote. The City Engineer stated that he had not reviewed the final plan. The Board also discussed asking the City Solicitor for clarification on the notice issue and whether or not it was advisable to provide the abutter to the South with notice.

PENDING SUBDIVISION PLANS: Updates and Discussion

PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS

DEFINITIVE SUBDIVISION SUBMISSIONS

SIGNS

UNFINISHED BUISNESS

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 Mr. Coveney was duly voted:

To adjourn at 8:23 p.m.


                        A TRUE COPY

                        ATTEST:         _____________________________
                                                Colleen Hughes, Clerk