MARLBOROUGH PLANNING BOARD
MARLBOROUGH, MA 01752
Call to Order January 7, 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, Colleen Hughes, Sean Fay, Philip Hodge and Shawn McCarthy. Also in attendance were Board Secretary Melissa Irish and City Engineer Tom Cullen.
1. Officer Selection:
Mr. McCarthy acting as President Pro tem opened the nominations for Chairperson.
Ms. Hughes nominated Dr. Barbara Fenby as Chairperson seconded by Mr. Hodge. Nominations were closed and Dr. Fenby was elected by unanimous vote.
Dr. Fenby opened nominations for Clerk.
Mr. Hodge nominated Ms. Hughes as clerk, seconded by Mr McCarthy. Nominations were closed and Ms. Hughes was elected by unanimous vote.
2. Meeting Minutes:
A. December 17, 2012
On a motion made by Mr. Fay, seconded by Ms. Hughes, it was voted to accept the minutes of the December 17, 2012 meeting as amended.
3. Chair’s Business:
A. Correspondence from City Council
i. Zoning Amendment to Chapter 650-17
After a brief discussion regarding scheduling issues a Motion made by Ms. Hughes, seconded by Mr. Hodge to accept the correspondence, set a public hearing for the first meeting in February 2013 at 7:15pm, advertise and place on file. Motion carried
4. Approval Not Required: None
5. Public Hearings:
7:15pm, Section 650-b.B, 650-17 & 650-48.A
The Public Hearing was opened at 7:21pm Ms. Hughes read the notice into the 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: Attorney Arthur Bergeron spoke representing the proponent.
Attorney Arthur Bergeron spoke representing his client, Partners Health Care. The proposed zoning change was actually originated with Council President Pope and the reasoning for the change is two-fold.
There is currently no reference in our zoning ordinance to “Data Storage/Telecommunication Facility”. In accordance with Section 650.16 (B) of the City Code (Zoning):
All uses not noted in § 650-17, entitled "Table of Uses," shall be deemed prohibited, except where so to deem would interfere with or annul any other City of Marlborough ordinance, rule, regulation or permit.
[Added 11-19-2007 by Ord. No. 07-1001677B]
The City currently has such facilities because Retired Building Commissioner Stephen F. Reid considered it an adjunct use to an office facility. Unfortunately this creates a significant parking issue. The manpower to maintain such a facility is considerably less than would be required of an office or industrial use. For that reason the proponent has suggested that the parking regulations be amended to allow a significantly reduced parking area. However it would also include a stipulation that the parking required for an office or industrial use be set aside as green space in the event of a future sale for another use.
(It was noted that the City Council had held their public hearing on this issue in December 2012)
In Favor – no one spoke
In Opposition – no one spoke
Mr. Hodge questioned if generators or auxiliary power will be needed for the building in question?
Mr. John Messervy of Partner’s Health Care answered yes there would be diesel fuel powered stand by generators for the building and the proper fuel storage licenses would be obtained.
Ms. Hughes asked if the generators in question would be large enough to power the entire 50,000 sq. ft. building?
Mr. Messervy answered that the building cannot be without power or cannot be allowed to “go down”. The types of information they are storing are critical to their clients such as area hospitals that must remain in operation even during a crisis and must have access to the types of information that would be stored off site, i.e.; medical records etc. Diesel is the only fuel approved for the type of use proposed.
Mr. Hodge noted that noise and pollution are 2 large factors with diesel fuel generator.
Mr. Messervy noted that they would be used only in a true emergency or if they were asked to remove the building from the current electrical grid to free up capacity to stave off brown outs.
Mr. McCarthy asked if the City actually has the electrical capacity available that the company is looking for?
Mr. Messervy answered that the company has worked very closely with the Electric Co and will be running a direct feed to the building and will not be running from the street supply.
Mr. McCarthy noted he considers this a perfect neighbor and will be in support of the change
The public hearing was closed by Chairperson Fenby at 7:36pm. The Board will consider the proposal and make a determination.
6. Pending Sub Division Plans: Updates and Discussion:
A. Update from City Engineer:
Mr. Cullen handed out a current version of the Subdivision Status Report dated January 7, 2013. The report outlined the status of the currently 20 residential subdivisions within the City limits.
Photographic evidence of the Blackhorse Farms Subdivision Blight (gravel & curbing pile) was supplied by Ms. Hughes to Mr. Cullen.
B. Mauro Farms
i) Correspondence from City Engineer
Mr. Fay reminded the Board of previously disclosed conflict and that his appointing authority has authorized him to act.
Ms. Hughes read the letter into the record.
Mr. Cullen supplied the board with a recommendation that the original bond amount of $1,241,000.00 be reduced to the amount of $850,000.00; representing a further reduction from the Engineering Departments proposed bond reduction No. 1 dated Nov. 30, 2012 of $942,000.00.
On a motion by Mr. McCarthy, seconded by Mr. Hodge, it was voted to accept and place on file the communication and reduce the bond to $850,000.00. Motion carried.
7. Preliminary/Open Space Submissions/Limited Development Subdivisions: None
8. Definitive Subdivision Submission:
A. Boston Scientific
i) Submission (May 3, 2013)
Mr. David Mackwell of Kelly Engineering Group located at 0 Campanelli Drive, Braintree, MA 02184 presented the sub division submission to the board, giving a brief summary of the proposed plan. The purpose is the reconfiguration of existing lot lines, and the shortening of an existing street terminating in a cul de sac thereby creating enough space for 1 additional lot in the existing area. Boston Scientific Corporation is in the process of moving their corporate headquarters from Natick to Marlborough.
Mr. McCarthy asked if parking for the new building will be addressed, Mr. Mackwell stated that will be addressed at the Site Plan Review level. Ms. Hughes asked if they would be asking for any waivers from the board regarding this subdivision? Mr. Mackwell replied yes they will be requesting waivers and they are all of technical nature he is currently working with Mr. Cullen in that regard.
On a motion made by Ms. Hughes, seconded by Mr. Fay it was voted to accept the submission, set a public hearing for the first meeting in February 2013 at 7:30pm, advertise and place on file. Motion carried.
9. Signs
A. Trombettas Farm
The Board discussed what it considers to be multiple violations of the Sign Ordinance at Trombetta’s Farm including a new internally illuminated message board affixed to the existing free standing sign
Mr. Fay noted that the new message board is very bright and in his opinion, is a distraction to passing motorists. He stated that he views this non-permitted sign as a public safety hazard due to its proximity to a busy intersection as well as its proximity to two crosswalks frequented by people who are walking to the ice cream stand.
Chairperson Fenby noted that Mr. Trombetta may have misunderstood the Board’s previous guidance in suggesting that all the signage be consolidated. This may be his effort to comply with that directive.
Mr. Coveny questioned whether a permit had been pulled for the electrical work necessary to light the sign.
Code Enforcement Officer Wilderman stated that Mr. Trombetta needs to produce properly permitted documentation outlining all of the signage on the property including the above mentioned message board.
Mr. Fay again noted that he wants the electronic sign turned off until proof of all proper permits are in place.
The Board requested that Ms. Wilderman send correspondence to Trombetta’s notifying them of the violations and requesting that they submit proof that their signage is properly permitted.
10. Unfinished Business:
MYBA proposed off premise signs:
(Due to a conflict Mr. Fay recused himself from this discussion.)
A letter was sent from Code Enforcement Officer Wilderman to the MYBA President Mark Chatalian in regards to his complete disregard of the direction of this Board. The organization has been given until the 11th of January to remove all the signs that have currently been placed out on City Property without the benefit of proper permits or variance.
On a motion made by Mr. McCarthy, seconded by Ms. Hughes the Code Enforcement Officer was directed to make one more phone call to the organization regarding removal of the signs and encouraging the organization to comply with the rules as they were presented.
The motion carried with Mr. Hodge in opposition.
11. Informal Discussions: None
12. Correspondence: None
A. DCR Hazard Mitigation grant applications
On a motion made by Ms. Hughes, seconded by Mr. McCarthy it was voted to accept the correspondence and place on file. Motion carried.
13. Public Notices of other Cities and Towns:
A. Town of Berlin, Zoning Board of Appeals (2 matters) Public Hearing (Jan 9)
B. Town of Sudbury, Zoning Board of Appeals, Public Hearing (Jan 7)
On a motion made by Ms. Hughes, seconded by Mr. McCarthy it was voted to accept the correspondence and place on file. Motion carried.
Adjournment: On a motion made by Mr. Hodge seconded by Mr. McCarthy it was voted to adjourn at 8:07pm.
Respectfully submitted,
Colleen Hughes
/mai
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