MARLBOROUGH PLANNING BOARD
MARLBOROUGH, MA 01752
Call to Order September 9, 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 Sean Fay, Colleen Hughes, Barbara Fenby, Philip Hodge and Clyde Johnson.
Also in attendance were Board Secretary Melissa Irish and City Engineer Thomas Cullen.
Edward Coveney and Shawn McCarthy were absent
1. Meeting Minutes:
A. Regular meeting July 22, 2013
On a motion made by Ms. Hughes, seconded by Mr. Fay it was voted to approve the minutes of the July 22, 2013 meeting. Motion carried with Mr. Johnson abstaining.
B. Regular meeting August 26, 2013
On a motion made by Ms. Hughes, seconded by Mr. Fay it was voted to approve the minutes of the August 26, 2013 meeting. Motion carried with Chairperson Fenby abstaining.
2. Chair’s Business: None
3. Approval Not Required: None
4. Public Hearings:
A. 7:15pm: Zoning Amendment, Section 650-17 entitled Table of Uses
City Council Order #13-1005481.
(Amendment pertaining to Dry Cleaning and Power Laundry Establishments)
The Public Hearing was opened at 7:15pm 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: Ward 1 City Councilor Joseph Delano presented the proposed changes to the Board. Regarding the addition of Dry Cleaning and Power Laundry establishments as a “By right use” in both the Business (B) and Commercial Automotive (CA) zones.
In Favor – No one spoke.
In Opposition – No one spoke
Questions from the Board Members:
Ms. Hughes asked if there was a definition of Power Laundries. Councilor Delano did not believe there was.
The Public Hearing was tabled at 7:23pm pending clarification from the Legal Department regarding verbiage used in the Public notice on the hearing.
B. Jenks Rd Subdivision
The Public Hearing was opened at 7:23pm 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: Mr. Joseph Peznola of Hancock Associates presented the proposed plan. Consisting of 3 requested waivers:
1. Waiver of the Right of Way width from 50’ to 40’.
2. Waiver of the adequacy of way proving access to the subdivision.
3. Waiver of the typical cross section allowing for sidewalks on one side of the roadway only.
The proposal calls for approx. 700’ roadway with 2 new house lots and reconfiguration of an additional 2 existing lots. Driveway relocation from 637 Sudbury St to the newly proposed roadway, proposed roadway width 26’. Two fire hydrants are proposed along with underground utilities, street trees and private sewer systems with easements in place for future connection to the City sewer service.
Ms. Hughes read into the record the letter as submitted by Hancock Associates regarding the sight line distances and the fact that the distances meet with the City requirements.
On a motion made by Ms. Hughes, seconded by Mr. Fay the information was accepted and placed on file. Motion carried.
In Favor – No one spoke
In Opposition –
Ms. Monica Cunningham of 602 Sudbury St. spoke regarding her concerns for the area in general, the traffic and the speed of the traffic, safety of the cyclists and snow removal issues. She wanted the Board to note she is strongly opposed.
Councilor Joseph Delano of 10 Harper Circle, Ward 1 City Councilor spoke regarding his concerns for safety and traffic as well as he does not believe this subdivision benefits anyone and residents will lose the enjoyment of their property.
Mr. Paul Mager of 671 Sudbury St. spoke about his concerns for the integrity of the neighborhood. He made note that the previous owner of this property had tried and not been successful at developing this lot.
Mr. William Magner of 79 Mosher Lane spoke regarding the poor visibility especially when there is snow on the ground. He feels this is a bad situation.
Mr. Benjamin Resnikoff of 1061 Concord Rd spoke of the potential mosquito problems with the catch basins and he agrees with all the other comments so far.
Mr. Zachary Shapiro of 1039 Concord Rd spoke regarding the drainage issues and overall safety of Sudbury Street.
Ms. Katherine McCabe of 11 Jackson Circle spoke to agrees with the others that there are safety issues on Sudbury Street.
Mr. Michael Dragone 593 Sudbury Street spoke regarding the sight lines and safety concerns.
Mr. Frank Collins of 54 Hanlon Drive spoke regarding the difficulty to see on Sudbury St during inclement weather and safety issues in general.
Mr. Matthew Scola 621 Sudbury Street spoke regarding drainage issues, the elevating of the new roadway creates proposed privacy issues for his enjoyment of his pool area, He considers the land locked parcels as his buffer for privacy. Mr. Scola also intends to widen his existing driveway to the full extent allowed for safety reasons.
Mr. Hugues Francois-Saint Cyr of 196 Blanchette Dr. spoke regarding his major concerns are traffic and safety for his children.
Ms. Mary Anne Tunnera of 209 Blanchette Dr. spoke the narrow width of the road, her concerns regarding school bus stops, trash can and recycling container placement mailboxes and the overall aesthetics of the project. Making note that she is strongly against the waiver requested for road width.
Mr. Neil Kunycky of 70 Jackson Circle spoke regarding his perception that this proposed project does not fit with the character of the neighborhood. He made specific note that no one other that the engineer spoke in favor of this project.
Ms. Laurie Ashton of 621 Sudbury St spoke to safety concerns as well.
Questions from Board members:
*Note* Mr. Pezznola was called away to another meeting, Mr. John Boardman of Hancock Engineering stepped in.
Mr. Fay asked if both 661 and 663 Sudbury Street were owned in common owner ship? Mr. Boardman replied that they were.
Mr. Fay asked then asked what the petitioner could build as a matter of right, in other words, what would the subdivision look like with no waivers? Mr. Boardman stated that that was a question that would be best answered in writing.
Chairperson Fenby closed the Public Hearing at 8:10pm
On a motion made by Mr. Fay seconded by Ms. Hughes a 4 minute recess was called.
The meeting reconvened at 8:13pm
5. Pending Sub Division Plans: Updates and Discussion:
A. Engineers Report
Mr. Cullen had nothing new to report to the Board at this time.
B. Request for Tri Partite Agreement Change/Update Mauro Farms
Ms. Hughes read the request from Attorney William Garrahan into the record.
On a motion made by Mr. Fay, seconded by Ms. Hughes the request was accepted and placed on file as well as referred to the Legal Department to ensure the agreement is in proper legal form. Motion carried.
Ms. Hughes read the response from the City Engineer into record regarding the request to reduce the current bond.
On a motion by Mr. Fay, seconded by Mr. Hodge it was duly voted to accept the correspondence and reduce the current bond from $850,000.00 to $750,000.00, in agreement with the City Engineers recommendation, regarding the Mauro Farms Subdivision.
Note* Mr. Fay reminded the Board of previously disclosed conflict and that his appointing authority has authorized him to act.
6. Preliminary/Open Space Submissions/Limited Development Subdivisions:
A. Open Space Development Submission Hudson St
Ms. Hughes read the submission into the record, as well as a request from the Attorney David Gadbois for an extension in the time allowance to set a Public hearing until December 3, 2013. The reasons stated for the extension request were that he was just brought on board by the developer and needed additional time to come up to speed on the project.
On a motion made by Mr. Fay, seconded by Mr. Hodge the correspondence was accepted and placed on file along with the acceptance of the time allowance and setting of the Public Hearing for December 2, 2013. Motion carried.
Ms. Hughes read into record a letter from the Engineering Department (Tim Collins) to the developer regarding the impending reconstruction of Hudson St, and the timelines associated with any future disturbance to Hudson St.
On a motion made by Ms. Hughes seconded by Mr. Fay the correspondence was accepted and placed on file. Motion carried.
Attorney Gadbois informed the Board of the developers’ intention to completely at their own risk bring the utilities required for the subdivision to the site. It is understood that in no way this action obligates or infers that the subdivision will be approved.
Mr. Cullen noted that if that were the case the City once it removes the existing curbing would leave an opening sufficient in width for a roadway opening, once again noting that action is completely at the developers risk and if the subdivision were to fail to gain approval the curbing would have to be completed.
7. Definitive Subdivision Submission: None
8. Signs: None
9. Unfinished Business:
A. Berlin Farms
Mr. Fay has reached out to Mr. Freeman. In response, Mr. Fay read into record the response he received via electronic communication. Mr. Freeman has noted that within the next 2 weeks it is his intention to have loam brought in to go over the access road and repair the slope at house #20 Long Dr. He is in process of installing all catch basin hoods as well as he has spoken with the engineer of record to submit all final plans needed for approval and sign off on Long Dr. The detention basin will receive attention as well.
Request of the Board is to have Mr. Freeman appear at an October meeting to update the Board on his progress.
It was noted to keep this item for reporting purposes on the next Planning Board agenda as well.
B. Blackhorse Farms Estate – Condition of Site
Mr. Cullen will be in touch with the developer via writing regarding the condition of the site and the required mowing that is not taking place on a regular basis.
It was noted to keep this item for reporting purposes on the next Planning Board agenda as well.
C. Map 101 Parcel 2 Simarano Dr & Forest St ANR Decision
Attorney David Gadbois was in attendance to answer any questions regarding changes to the plan as required by the City Engineer.
Ms. Hughes read the City Engineer’s decision into record.
On a motion made by Ms. Hughes, seconded by Mr. Fay it was voted to accept the recommendation of the City Engineer and place it on file.
On a motion made by Ms. Hughes, seconded by Mr. Fay it was voted to endorse the Plan of Land as amended. The plan titled Plan of Land, Marlborough Massachusetts, prepared by: The BSC Group, Inc. 33 Waldo Street, Worcester, MA, Dated: September 6, 2013.
Land location Assesors Map 101, Parcel 2; Lots 1A and 1B on Simarano Drive and Forest Street.
10. Informal Discussions: None
11. Correspondence:
A. Chapter 40B: Re-emerging in a recovering market
On a motion made by Ms. Hughes, seconded by Mr. Hodge it was voted to accept the correspondence and place on file. Motion carried.
12. Public Notices of other Cities and Towns:
A. Town of Southborough Planning Board, Public Hearing September 16, 2013
B. Town of Hudson Zoning Board of Appeals, Public Hearing September 12, 2013.
C. Town of Hudson Zoning Board of Appeals, Decision August 8, 2013.
D. Town of Sudbury Zoning Board of Appeals, Public Hearing September 16, 2013.
E. Town of Framingham Planning Board, Public Hearing September 26, 2013.
On a motion made by Ms. Hughes, seconded by Mr. Hodge 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. Hodge it was voted to adjourn at 8:40pm.
Respectfully submitted,
Colleen Hughes
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