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Planning Board Minutes 9/23/13
MARLBOROUGH PLANNING BOARD
MARLBOROUGH, MA 01752
Call to Order                                                                                   September 23, 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, Shawn McCarthy and Edward Coveney.
Also in attendance were Board Secretary Melissa Irish and Assistant City Engineer Timothy Collins.
Clyde Johnson was absent

1. Meeting Minutes:
        A. Regular Meeting September 9, 2013
On a motion made by Ms. Hughes, seconded by Mr. Fay it was voted to approve the minutes of the September 9, 2013 meeting as amended. Motion carried.
        
2. Chair’s Business: None

3. Approval Not Required: None

4. Public Hearings: None        

5. Pending Sub Division Plans: Updates and Discussion:
A.  Engineers Report
Mr. Collins reported out regarding the Berlin Farms Subdivision that he has tried to contact Mr. Freeman via email.  As of this date there is still information missing and some finishing work creating access to the open space parcel has yet to be completed. Mr. Freeman has been presented with 2 options to finish the access, either would be acceptable however; one option would deviate from the approved plan. The Board would be amenable to the alternate option presented however they need to hear from Mr. Freeman directly regarding his choice of finishes, as well as the Priscilla Ryder, Conservation Officer.
A request for Mr. Freeman to appear at the next regularly scheduled meeting will be sent.

Mr. Collins continued the report with information regarding the Blackhorse Farms subdivision.  

Mr. Collins has contacted Mr. Patrick Drake of FRE Building Co. Inc. via email looking for a response in regards to the site meeting held last week with City Engineer Cullen specifically addressing: site conditions, site lighting and street trees. As of this date no response from Mr. Drake, has been received. It is the request of the Board that Mr. Drake appears in front of the Board to address the concerns, presented by the City Engineer.

        B. Request for Tri Partite Agreement Change/Update Mauro Farms
Ms. Hughes read the response from Assistant City Solicitor Panagore Griffin into the record noting that the Modification of Tri Partite Agreement and the Release from Tri Partite Agreement date June 20, 2011 are in proper legal form.
On a motion made by Ms. Hughes seconded by Mr. Coveney the correspondence was accepted and placed on file.

On a motion made by Mr. Fay, seconded by Mr. Coveney it was voted to Release the June 20, 2011 Tri Partite Agreement naming Peoples United Bank and replace it with the New Tri Partite Agreement naming United Bank, and endorse the new Tri Partite Agreement. Motion carried.
        
6. Preliminary/Open Space Submissions/Limited Development Subdivisions: None

7. Definitive Subdivision Submission: None
        
8. Signs: None

9. Unfinished Business:
        A. Berlin Farms
Mr. Collins reviewed this topic in the Engineers Report.
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. Collins reviewed this topic in the Engineers Report.
Request of the Board is to have Mr. Pat Drake appear at the next meeting to update the Board on the progress.
It was noted to keep this item for reporting purposes on the next Planning Board agenda as well.

        C. Jenks Rd Subdivision (November 30, 2013)
Ms. Hughes read into record the response from the Engineer regarding the question posed by Mr. Fay at the public hearing. The Engineer is currently preparing a plan showing what is possible on the site without any requested waivers.
On a motion made by Mr. Hodge seconded by Mr. Coveney it was voted to accept the correspondence and place it on file.
It was noted to keep this item for reporting purposes on the next Planning Board agenda as well.

        D. Zoning Change Decision (Dry Cleaning-Power Laundry Establishments)
Ms. Hughes read the response from City Solicitor Rider into record in answer to the question raised by the Board at the last meeting.
On a motion made by Mr. Fay, seconded by Ms. Hughes it was voted to accept the correspondence and place it on file.

On a motion made by Mr. Fay, seconded by Ms. Hughes it was 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 #13-1005481.

In addition the Board voted to make the following additional recommendation:
•       Removal of allowance in the Commercial Automotive Zone for either Dry Cleaning or Power Laundry Facilities.

The motion carried by a vote of 6-0-0.

10. Informal Discussions:
A. Attorney Aykanian 314-320 Elm St Commercial/Residential proposed subdivision.
Attorney Aykanian and Mr. Daniel Bremsler of Hancock Associates presented to the Board a plan of land that currently has a commercial building as well as a single family home upon it. Currently known as Assessors Map 67 Parcel 49 and located in the Limited Industrial District.
It is the desire of the current owners Safflower Realty to carve the house lot out of the existing Limited Industrial lot leaving two separate and distinct lots, allowing for the existing residence to be sold, and retaining the Commercial Property.

After much discussion in which it was determined that the Board favors the proposed plan to separate the residential use from the commercial use, it was suggested that the proponent submit a formal subdivision plan complete with all requested waivers, as an ANR would not be appropriate in this case due to the existence of a buildings already on the lot.

The proponent acknowledged the Boards concerns and will submit a formal subdivision plan with all waiver requests listed and corrections made as noted by the members.
        
11. Correspondence: None

12. Public Notices of other Cities and Towns:
A. Town of Framingham Planning Board, Public Hearing September 26, 2013.
        B. Town of Framingham Planning Board, Public Hearing September 26, 2013.
        C. Town of Framingham Planning Board, Public Hearing September 26, 2013.
        D. Town of Framingham Planning Board, Public Hearing October 3, 2013.

On a motion made by Ms. Hughes, seconded by Mr. Hodge it was voted to accept the notices A-D and place on file. Motion carried.

Adjournment:  On a motion made by Mr. McCarthy, seconded by Mr. Coveney it was voted to adjourn at 8:05pm.
                                                        Respectfully submitted,





                                                        Colleen Hughes
/mai