The Planning Board for the City of Marlborough met on Monday, October 15, 2012 in Memorial Hall, 3rd Floor, City Hall 140 Main Street, Marlborough, MA 01752. Members present: Barbara Fenby, Colleen Hughes, Phillip Hodge, Sean Fay and Edward Coveney. Also present: City Engineer Thomas Cullen.
MINUTES
September 10, 2012
On a motion by Mr. Fay, seconded by Ms. Hughes, it was duly voted:
To accept and file the meeting minutes.
September 24, 2012
On a motion by Mr. Fay, seconded by Ms. Hughes, it was duly voted:
To table the meeting minutes.
CHAIRS BUSINESS
None.
APPROVAL NOT REQUIRED PLAN
Memorial Beach
Submittal
The City Engineer presented the plan to the Board. He explained they were carving out a portion of the land for the use of the pump house which would be in direct care of the DPW.
Correspondence from the City Engineer
The City Engineer has performed his review and can give a favorable recommendation to endorse the plan.
On a motion by Mr. Fay, seconded by Mr. Coveney, it was duly voted:
To accept and file correspondence; To accept and endorse a plan of land believed to be Approval Not Required of “Plan of Land” owned by City of Marlborough, 140 Main Street MA, 01752. Name of Engineer: Kevin Healy, PLS, 325 Wood Road, Braintree, MA 02184. Deed of property recorded in Middlesex South Registry of Deeds Book 8061 Page 166, Assessors Map 7 Lot 49.
Phelps Street
Submittal
Thomas Dipersio, SR. of Thomas Land Surveying submitted and ANR plan known as Phleps Street for the consideration of carving a portion of land to be an unbuildable lot.
On a motion by Mr. Fay, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence, to have the City Engineer review the plan and report back to the Planning Board prior to the next regular scheduled meeting.
PUBLIC HEARING
7:00PM
Results Way Mixed Use Overlay District
NOTICE is hereby given that the Planning Board of the City of Marlborough, Massachusetts will hold a public hearing on Monday October 15, 2012 at 7:00 PM in Memorial Hall 3rd Floor, City Hall 140 Main Street Marlborough, Massachusetts on the Application from Attorney David P. Gadbois to amend the Zoning Code of the City of Marlborough Chapter 650 by adding to Article VI section 650-32 RESULTS WAY MIXED USE OVERLAY DISTRICT in accordance with the following proposed change:
ARTICLE VI
§650-32 – RESULTS WAY MIXED USE OVERLAY DISTRICT
A. Purpose and Objectives
The Results Way Mixed Use Overlay District (herein, also a “RWMUOD”) allows the application of supplemental land use controls within the boundaries of an certain overlay district, subject to City Council approval, as an alternative to land use controls that exist in the underlying district(s). The establishment goals of the Results Way Mixed Used Overlay District are to enhance land use development and encourage desired growth patterns for the benefit of the public health, safety and welfare, by promoting integrated, pedestrian friendly, mixed use development to allow for the development of housing, retail and workplaces within close proximity of each other consistent with the stated economic development objectives of the City (collectively, herein “Mixed Use
Developments” or “MUD”).
For the purposes of this section, the RWMUOD shall be superimposed on the other districts existing at the time that any land in any said underlying district is also included in the RWMUOD. The RWMUOD district is adjacent to Simarano Drive to the west, Forest Street to the north, and Puritan Way and Results Way to the east as indicated on the City Zoning Map and more particularly described in Exhibit “A” annexed hereto and incorporated by reference herein.
For the purposes of the Zoning Ordinance, a “Mixed Use Development” or “MUD” shall include any eligible use set forth in Section D, below, which may be commingled into a single structure or structures with other eligible uses or may be located in separate structures on the site. Accordingly, Mixed Use Developments shall benefit the public health, safety and welfare, through the sharing of parking lots and driveway curb cuts, to minimize the amount of impervious paved parking areas, to reduce traffic congestion, to reduce automobile trips, and accordingly to improve air quality.
B. Authority of Permit Granting Authority
The City Council shall be the Permit Granting Authority for Special Permit and Site Plan Approval in the RWMUOD. In all instances, a development which proceeds under the RWMUOD overlay is subject to Site Plan Approval in accordance §270.2 with the exception that the City Council is the Special Permit Granting
Authority for Site Plan approval in the RWMUOD.
The City Council may elect to vary the dimensional and parking requirements of this Section by Special Permit if, in their opinion, such change shall result in a substantially improved project and will not nullify or substantially derogate from the intent or purpose of this section. This authority continues subsequent to occupancy.
C. Exclusivity/Control
All uses and provisions of Article V of the Zoning ordinance relating to the underlying zoning district not otherwise impacted by this Section (§650-32 et. seq.) shall continue to remain in full force and effect provided however that the City Council shall be the Special Permit Granting Authority, if applicable . This Section (§650-32 et. seq.) of the Zoning Ordinance exclusively controls the establishment, development, and design of any MUD undertaken in the RWMUOD and supersedes any other provision of the Zoning Ordinance (except the provision of any other applicable overlay district). In the event of any conflict between the provisions of this Section (§650-32 et. seq.) and any other provision of the Zoning Ordinance, the provisions of this Section shall govern and control.
D. Eligible Uses
Except as specifically set forth below, all uses permitted in the Industrial and Limited Industrial Districts either as of right or by special permit in accordance with §650-17 of the Zoning Ordinance are permitted in the RWMUOD. If a use requires a special permit under §650-17, Table of Use Regulations, such use shall continue to require a special permit under this Section.
(1) The following additional uses are also permitted BY-RIGHT in the RWMUOD:
(a) Research and development
(b) Medical office and diagnostic medical laboratories appurtenant to offices of physicians and dentists
(c) Research and development including, without limitation, laboratories engaged in research, experimental and testing activities including, but not limited to, the fields of biology, chemistry, electronics, engineering, geology, pharmaceuticals, medicine and physics
(d) Advanced manufacturing which shall include high technology manufacturing such as, but not limited to, laser technology, robotics, nanotechnology and computer associated design and software development
(e) Multifamily dwelling – up to 350 dwelling units within the entire RWMUOD Zoning District including, without limitation, age restricted dwelling units
(f) Retail sales and services – up to 75,000sf of gross floor area, up to 10,000sf of gross floor area per establishment
(g) Hotels and motels
(h) Hotels with conference facilities and commercial uses
(i) Car parking lots, garages - “a structure or a group of structures that facilitate the parking of vehicles at ground level, above or below grade and shall include area for the parking vehicles at, above and/or below grade under a building or otherwise integrated into another structure
(j) Consumer service establishments
(k) Restaurant, café (with or without outside seating and service)
(l) Health, sports and fitness clubs (indoor and/or outdoor) and related facilities
(m) Self-service laundry
(n) Dry Cleaning (pick up and drop off only)
(o) Drive through facilities associated with retail (e.g. banks; pharmacies) and food services
(2) The following additional uses are also permitted BY-SPECIAL PERMIT in the RWMUOD:
(a) Multifamily dwelling – more than 350 dwelling units within the entire RWMUOD Zoning District including, without limitation, age restricted dwelling units
(3) The foregoing Sections notwithstanding, the uses set forth as follows are expressly PROHIBITED in the RWMUOD:
(a) Adult Bookstore, video store, paraphernalia store, movie theatre, live entertainment establishment
(b) Tattoo and body piercing parlors and shops
(c) Dye Works
(d) Biosafety Level 4 laboratories, as defined by the United States Center for Disease Control and Prevention
E. Dimensional Requirements
The RWMUOD shall be subject to the dimensional standards in accordance with Article VII of the Marlborough Zoning Ordinance with the following exceptions:
(1) The RWMUOD shall consist of one or more lots. There is no minimum acreage requirement for a lot to be a part of the Results Way Mixed Use Overlay District.
(2) Minimum Lot Frontage measurement shall be no less than fifty (50) feet for any lot wholly located within the boundaries of the RWMUOD.
(3) Minimum Front Yard measurement shall be no less than thirty (30) feet for any lot wholly located within boundaries of a RWMUOD.
(4) No less than fifteen (15) feet shall separate the structural side wall of any two or more MUD Structures. No less than fifteen (15) feet shall separate any area behind and or between structures, and fire suppression vehicles shall have clear and adequate access to all structures.
(5) Maximum building height in RWMUOD shall not exceed 80 feet.
(6) Maximum Lot Coverage shall be calculated on the entire land area of the RWMUOD and not on an individual lot basis, and shall not exceed 60 percent of the total area of the RWMUOD.
F. Parking and Curb Cut Requirements.
Except as otherwise provided in this section, parking and circulation requirements shall conform with the provisions of Section §650-48 and §650-49 of the Zoning Ordinance.
(1) General - In the RWMUOD adequate off-street parking shall be provided. The City Council and the applicant shall have as a goal for the purposes of defining adequate off-street parking, making the most efficient use of the parking facilities to be provided and minimizing the area of land to be paved for this purpose. In implementing this goal the Board shall consider complimentary or shared use of parking areas by activities having different peak demand times, and the applicant shall locate adjacent uses in such a manner as will facilitate the complementary use of such parking areas. Implementation of such complementary use of parking areas may result in permitted reductions in the parking requirements.
(2) Parking Locations - Parking may be provided at ground level, underground or in a parking garage. Parking garages can be free standing or as part of buildings dedicated to other permitted uses.
(3) Parking Spaces for Each Dwelling Unit - There shall be a minimum of 1.5 parking spaces for each dwelling unit.
(4) Granting of Relief from Parking Regulations - The City Council may waive any of the foregoing requirements or the requirements of Section §650-48 if it makes a finding that to do so will enhance the overall design of the RWMUOD.
G Signage
Except as otherwise provided in this Mixed Use Ordinance, parking and circulation requirements shall conform with the provisions of Chapter 526 of the Marlborough General Code – the Sign Ordinance.
(1) Granting of Relief from Signage Regulations - The City Council may waive any of the requirements of the Sign Ordinance if it makes a finding that to do so will enhance the overall design of the RWMUOD.
H. Application
An application for a Special Permit or Site Plan approval for a Mixed Use Development in the RWMUOD shall comply with the requirements of Section§650-59 et. seq. of the Zoning Ordinance.
I. Standards for Roadways and Drainage
(1) Roadways - RWMUOD roadways to be accepted by the [City] as public ways shall be designed and constructed in accordance with the Rules and Regulations for the Subdivision of Land in the City. Private ways within the RWMUOD, to the extent feasible, shall be constructed using the methods and materials prescribed in the Rules and Regulations for the Subdivision of Land in the City, but shall not be required to conform to the dimensional requirements thereof, provided that those private roadways shall be adequate for the intended vehicular and pedestrian traffic and shall be maintained by the owner/developer or an association of owners.
(2) Storm Water Management System - The RWMUOD shall have a storm water management system designed in accordance with the Rules and Regulations for the Subdivision of Land in the City and the Department of Environmental Protection’s Storm Water Management Guidelines, as amended.
J. Amendments
After approval, the owner/developer may seek amendments to the approved plan. Minor amendments may be made by a majority vote of the City Council. It shall be a finding of the City Council, not subject to dispute by the applicant, whether a requested amendment is deemed to be major or minor. A major amendment shall require the filing of an application pursuant to Section §650-59 of the Zoning Ordinance.
Attorney David Gadbois introduced the zoning amendment as the former Digital plant that is now own by Atlantic Management. He explained that the owners and the developers have written this overlay to attract new businesses to this area of the City.
Joe Zink, the owner and developer of Atlantic Management, described to the Board on how this concept came about for the 110 acres with approximately 750,000 SF of office space. He noticed while reviewing the possibilities of adding more buildings, there was also a need for residential complexes, overnight accommodations and retail in this vicinity of the City. He also stated that a portion of the existing building had a tenant who is committed to using the space and his company will be sprucing the outside façade. Mr. Zink also went on to say that if the Overlay District is passed, that they would continue to go make the façade improvements.
Dr. Fenby asked Mr. Zink about tying in to the existing walkways and bike paths. Mr. Zink stated that they have already entertained the idea and will be adding the pathways once they get to the more detailed plans.
Bob Buckley of Riemer & Braunstein LLP, created the amendment. He stated that with the City’s adopted Master Plan this would be beneficial because of the unique circumstances of the property. It’s all owned by one owner, it sits next to a highway and it would be creating a work and live environment which the City does not currently have. Mr. Buckley went on to say that there were only three things they were adding to this zone, residential, biotechnology and nanotechnology fields.
In favor
No one spoke in favor.
In Opposition
No one spoke in opposition.
Ms. Hughes stated that this would be appealing. She also stated that the bike and jogging paths would be an added bonus if they could connect with the existing paths.
Mr. Hodge stated while he is in favor of this project, it just seems like spot zoning due to the exclusive area it would be allowed in. Mr. Buckley responded that you have to start somewhere. Mr. Gadbois responded that the ordinance would be easy enough to tweak once established.
The Public hearing closed at 7:30.
SUBDIVISION PROGRESS REPORTS
City Engineer Update
Mr. Cullen discussed the Blackhorse Farms subdivision and its stage of completion. He stated the lots of have been leveled and seeded, by the end of November all planting should be completed, granite curbing installed and the sidewalk gravel be completed. He also is hoping to have an updated street lighting plan from NGrid.
Mr. Cullen also updated the Board regarding the Mauro Farm Subdivision stating the installing of granite curbing has started and the graveling of the sidewalks has begun. He also reported that the Residences of Oak Crest subdivision was near completion with the trees and sidewalks being complete.
Country Club Estates
Correspondence from Attorney Falk
Attorney Falk is requesting that the Planning Board postpone any discussion regarding this subdivision until they are able to have an agreement with the City’s Law Department.
On a motion by Mr. Fay, seconded by Mr. Coveney it was duly voted:
To accept and file correspondence.
Mr. Fay stated that the suggestion that the Board abandon the access issues related to Stow Road was not an acceptable outcome, and that the Board had a responsibility to secure the access to Stow Road delineated in the approved Plan for the benefit of the City. He stated that an issue of this significance was not missed or overlooked, but was a matter that the developer agreed to address in the future. He suggested that the prior agreement that developer’s counsel worked out a few years ago was preferable to the current request. Mr. Fay stated that the Board should require the developer to pursue the taking of easements instead of the fee interest, and that the Board should present the matter to the City Council instead of the developer to make sure that the Board’s concerns were adequately addressed, and
that the Board members should speak to City Councilors in advance to make sure that they were aware of the Board’s position and the importance of securing future access to Stow Road for repair and/or future expansion even though there are no current plans to widen the roadway. Although the current proposal would be pleasing to the developer, having the developer pay for a project in another part of the City in exchange for release of the bond would be a result that would not be in keeping with the Board’s obligations.
Ms. Hughes stated that the Department of Public works would have to back any decision the Board made whether to take the easement or not to take the easements.
The City Solicitor commented that they were still in discussions regarding on how to move this forward and how to come to a mutual agreement. He stated he is hoping to have more at the next meeting on October 29, 2012.
PENDING SUBDIVISION PLANS: Updates and Discussion
PRELIMINARY/ OPEN SPACE SUBDIVISION SUBMITTALS
DEFINITIVE SUBDIVISION SUBMISSIONS
SIGNS
UNFINISHED BUISNESS
Master Calendar
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. Coveney, seconded by Ms. Hughes was duly voted:
To adjourn at 8:20 p.m.
A TRUE COPY
ATTEST: _____________________________
Colleen Hughes, Clerk
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