MARLBOROUGH PLANNING BOARD
MARLBOROUGH, MA 01752
Call to Order June 3, 2013
The Meeting of the Marlborough Planning Board was called to order at 7:00pm in Memorial Hall, 3rd Floor City Hall 140 Main Street, Marlborough, MA. Members present included Barbara Fenby, Sean Fay, Philip Hodge, Edward Coveney, Shawn McCarthy and Clyde Johnson. Also in attendance were Board Secretary Melissa Irish and City Engineer Thomas Cullen
Colleen Hughes was absent.
1. Meeting Minutes:
A. May 20, 2013
On a motion made by Mr. Fay, seconded by Mr. Coveney, it was voted to table the minutes of the May 20, 2013 meeting. Motion carried.
2. Chair’s Business:
A. Response from Legal Department regarding 0 Woodcock Lane proposal
Mr. McCarthy read the response from the Legal Department into the record.
On a motion made by Mr. Hodge, seconded by Mr. Coveney it was voted to accept the correspondence and place it on file.
On a motion made by Mr. Fay, seconded by Mr. Coveney it was voted to forward the response from the Legal Department to the proponent.
B. Country Club Estates - Request for executive session
Mr. Fay read the request from the Legal Department into the record.
On a motion made by Mr. Fay, seconded by Mr. Coveney it was voted to table this item, with the intent to enter into Executive Session prior to the end of the meeting. Motion carried.
3. Approval Not Required: None
4. Public Hearings:
A. Proposed Moratorium, Medical Marijuana Treatment Center, Zoning Changes Section 650-5 & addition of new Section 650-32. Public Hearing (7:15pm)
The public hearing was opened at 7:15pm Mr. Fay read the notice into record. The hearing was taken in the traditional 4 stages:
Presentation
Those speaking in Favor
Those speaking in Opposition
Questions from the Board Members
Presentation: No one was in attendance to present.
In Favor/Questions: None
In Opposition: None
Questions from the Board Members: None
The Public Hearing was closed by Chairperson Fenby at 7:21pm.
On a motion by Mr. Fay, seconded by Mr. Coveney it was duly voted to:
Make a favorable recommendation to the City Council regarding changes to the City of Marlborough Zoning Ordinance as defined by City Council Order #12/13-1005247A.
The motion carried by a vote of 5-1(Hodge)-0.
On a motion made by Mr. Fay, seconded by Mr. Coveney a 5 minute recess was called at 7:22pm. Meeting reconvened at 7:26pm.
5. Pending Sub Division Plans: Updates and Discussion:
A. Ravenswood Road Subdivision – Request for Extension – Additional Info
Request for extension of time for additional 60 days from Mr. Joseph Peznola Engineer of record for this project, was read into record by Mr. Fay. The additional 60 days brings the date to act to August 18, 2013.
On a motion made by Mr. Fay, seconded by Mr. Coveney it was voted to accept the request for extension and place it on file. Motion carried.
Mr. Fay read in the communication from Mr. Peznola in response to public questioning regarding the sight distances on Sudbury Street.
On a motion made by Mr. Fay, seconded by Mr. Coveney, it was voted to accept the communication and place it on file, as well as refer it to the Engineering Dept. Motion carried.
It was noted to keep this item for reporting purposes on the next Planning Board agenda as well.
B. Addition Hill - Boston Scientific Way – Lot Release Request
Mr. Fay read the request from Attorney Bergeron of Mirick O’Connell Attorneys At Law into the record, requesting the release of all lots associated with this project. Lots include but not limited to Lots #1, 5, 6, 7 & 8.
On a motion made by Mr. Fay, seconded by Mr. Coveney it was voted to accept the communication and place it on file as well as approve the lot releases as noted. Motion carried.
C. Addition Hill – Boston Scientific – Subdivision Performance Bond
Mr. Fay read the request from Attorney Bergeron of Mirick O’Connell Attorneys At Law into the record, requesting the acceptance of the bond amount set for the above referenced project. The amount set by the Engineering Department is $268,000.00. The performance bond is underwritten by Travelers Casualty and Surety Company of America.
On a motion made by Mr. Fay, seconded by Mr. Coveney it was voted to accept the communication as well as the $268,000.00 performance bond as presented. Motion carried.
D. Walker Brook Estates – Engineering Review/Comments
This item was tabled until the next regularly scheduled meeting.
E. City Engineers Report
City Engineer Thomas Culled updated the Board regarding the status of the Subdivisions Blackhorse Farms, Mauro Farms & Shaugnessy Estates. Work in progressing on all of projects.
There has been no further communication from Mr. Freeman regarding the Berlin Farms Subdivision.
Engineer Cullen also updated the Board regarding the Boston Scientific walkthrough that was done along the rail trail. Multiple locations were viewed and discussions are proceeding regarding maintenance agreements and possible improvements.
6. Preliminary/Open Space Submissions/Limited Development Subdivisions: None
7. Definitive Subdivision Submission: None
8. Signs: None
9. Unfinished Business:
A. Blackhorse Farms Estate
Information was part of the Engineers Report (Item 5E.)
It was noted to keep this item for reporting purposes on the next Planning Board agenda as well.
B. Berlin Farms
Information was part of the Engineers Report (Item 5E.)
It was noted to keep this item for reporting purposes on the next Planning Board agenda as well
10. Informal Discussions:
A. Mr. Christopher Heinz – 108 Framingham Road
Mr. Christopher Heinz presented to the Board 2 possible scenarios for land he currently owns in the rear of 108 Framingham Rd. Mr. Heinz presented an informal rendering of possible configurations one with a full City complaint roadway and on with a possible common drive. Both scenarios would render 2 additional house lots with proposed common area and the far end.
It was suggested to Mr. Heinz to seek the counsel of a Professional Engineer to work through the faults and or merits as well as compliance of both proposals then proceed as directed by the Engineer.
Mr. Fay was called from the meeting at 7:46pm
On a motion made by Mr. McCarthy seconded by Mr. Coveney, it was voted to remove the Country Club Estates discussion from the table. Motion carried.
On a motion made by Mr. McCarthy, seconded by Mr. Coveney, it was voted in conformance with the provisions of sections 21(a)(6) and 21(a)(7) of Chapter 30A of the General Laws of the Commonwealth, that the Marlborough Planning Board conduct an executive session:
1. for the purpose of considering the value of real property in the Country Club Estates subdivision on Stow Road, Robert Road and Country Club Circle, as an open meeting may have a detrimental effect on the negotiating position of the City of Marlborough, and the chair hereby declares that an open meeting may have that effect as well as
2. for the purpose of complying with clause 26(i) of section 4 of Chapter 7 of the General Laws of the Commonwealth, which provides that an appraisal of real property acquired or to be acquired is exempt from public disclosure until (1) a final agreement is entered into or (2) any litigation relative to such appraisal has been terminated, or (3) the time within which to commence such litigation has expired, and the chair hereby declares that none of those events has occurred in this matter.
It is further moved and stated that the Marlborough Planning Board will reconvene in open session after the executive session.
Roll Call vote is required for entrance into executive session:
Mr. Johnson – Yes
Mr. McCarthy – Yes
Mr. Coveney – Yes
Mr. Hodge – Yes
Chairperson Fenby – Yes
Executive Session entered into at 7:51pm
Open Session reconvened at 8:20pm
On a motion made by Mr. Hodge, seconded by Mr. Coveney it was voted to authorize Chairperson Fenby to work with City Solicitor Rider to compile the necessary paperwork to submit the matter discussed during the executive session to the Full City Council for action. Motion carried.
11. Correspondence: None
12. Public Notices of other Cities and Towns:
A. Town of Framingham Planning Board, Public Hearing June 20, 2013
B. Town of Framingham Planning Board, Notice of Decision May 13, 2012
C. Town of Berlin Board of Appeals, Hearing Notice June 12, 2013
D. Town of Berlin Zoning Board of Appeals, Hearing Notice June 12, 2013
E. Town of Hudson Zoning Board of Appeals, Public Hearing June 13, 2013
On a motion made by Mr. Hodge, seconded by Mr. Coveney it was voted to accept the notices A-E and place on file. Motion carried.
Adjournment: On a motion made by Mr. Johnson, seconded by Mr. Coveney it was voted to adjourn at 8:23pm.
Respectfully submitted,
Colleen Hughes
/mai
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