MARLBOROUGH PLANNING BOARD
MARLBOROUGH, MA 01752
Call to Order                                                         				December 2, 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.
Also in attendance were Board Secretary Melissa Irish and Assistant City Engineer Timothy Collins.
Edward Coveney was absent.

1. Meeting Minutes:
	A. Regular Meeting November 4, 2013
On a motion made by Mr. Fay, seconded by Ms. Hughes it was voted to table the minutes of the November 4, 2013 meeting. Motion carried. 

	B. Regular Meeting November 18, 2013
On a motion made by Ms. Hughes, seconded by Mr. Hodge it was voted to accept the minutes of the November 18, 2013 meeting and place them on file. Motion carried. (Mr. Fay abstained)

2. Chair’s Business: 
	A. Correspondence from Conservation Commission re: Hudson St Plan
Ms. Hughes read the correspondence into the record.
On a motion made by Mr. Fay, seconded by Mr. McCarthy it was voted to accept the correspondence and place it on file. Motion carried

	B. Correspondence from Building Commissioner re: Collection Bins
Ms. Hughes read the correspondence into the record.
On a motion made by Mr. McCarthy, seconded by Mr. Hodge it was voted to accept the correspondence and place it on file. Motion carried.
On a motion made by Ms. Hughes, seconded by Mr. Fay it was voted to send a request to the Building Commissioner to attend a Board meeting in the New Year to discuss the limited issue of regulating collection bins. Motion carried.

3. Approval Not Required: 
	A. Marlborough Northborough Realty Trust
Mr. William Caulder, Managing Partner for Guttierrez Companies presented the plan to the Board.
On a motion made by Mr. Fay, seconded by Ms. Hughes it was voted to refer the plan to the Engineering Department. Motion carried.

4. Public Hearings:
A. Proposed Zoning Amendment Section 650-17, entitled Table of Uses and Section 650-5 Definitions (Medical/Dental Clinics) 7:15pm

The Public Hearing was opened at 7:16pm Ms. Hughes read the notice into the record. The heating was taken in the traditional 4 stages:

Presentation
Those speaking in favor
Those speaking in opposition
Questions for the Board Members

Presentation: Ward 6 City Councilor Edward Clancy presented the proposed changes to the Board regarding the modification of allowing Dental Clinics as a “by right” use in Business (B) Districts. The term “Dental Clinic” will limit establishments to patients capable of self-preservation as a key factor.  The term “Dental Clinic” will disallow any establishment with an Operatory or use of General Anesthesia. 

In Favor – No one spoke

In Opposition – No one spoke

Questions from the Board Members:
Mr. Fay asked for a better understanding/clarification of “Incapable of Self Preservation”
Mr. Clancy responded “the use of general anesthesia”.
Mr. Hodge questioned why if the State requires specific licensing for Anesthesiologists why would the City be building that into the Zoning Ordinance? It would seem to unnecessarily complicate our Zoning Ordinance. Are we just looking to follow the existing State Regulations?
Clarification from the Legal Office was requested regarding this point.

The Public Hearing was closed to testimony at 7:35pm. The Board will take all information under advisement and will render a decision after clarification is received from the Legal Department.

	B. Proposed Open Space Subdivision – Hudson Street 7:15pm

The Public Hearing was opened at 7:36pm Ms. Hughes read the notice into the record. The heating was taken in the traditional 4 stages:

Presentation
Those speaking in favor
Those speaking in opposition
Questions for the Board Members

Presentation: Presentation was made by Attorney Sandra Austin & Mr. Thomas DiPersio. Also in attendance was Mr. Chris Christopher of Sage Investments (Developer)
The entire property consists of 2 parcels as well as a sewer taking easement which is currently under control of the City of Marlborough. In the conventional layout the parcels could contain 10 individual single family lots as well as a 930’ long cul de sac. There would be a wetlands crossing which would have to be redesigned to the less than 5000 square foot requirement.
With the Open Space layout the developer is again looking to create 10 single family lots. In this configuration the roadway cul de sac would be reduced to 500’ which in turn would eliminate the need to cross the wetlands. The dedicated open space parcel would consist of 2.8 acres. The required infrastructure would be significantly reduced. This is the plan that the neighbors prefer. The open space layout draws the lots away from the existing neighborhood on Windmill Drive and places the lots closed to the Hudson St intersection.

In Favor:
Mr. Nick Mangson, 34 Windmill Dr. prefers the Open Space plan with the shorter roadway

Ms. Kathleen Robey, 97 Hudson Street, City Councilor At Large, appearing before the Board as a neighbor, prefers the Open Space Plan, she is also looking to see if there is a way to connect the Open Space with the existing Rail Trail. Ms. Robey questioned the configuration of lots 6 & 7 with the amount of wetlands on the lots.

Mr. Edward Clancy, 106 Old Charter Rd, Ward 6 City Councilor, stated that this development was in his Ward.  He was commenting as the Ward Councilor and in his role as the Conservation Commission Chairperson. Councilor Clancy stated that he also prefers the Open Space plan due to the less significant impact on the surrounding wetlands. Mr. Clancy also questioned the configuration of lots 7 & 8 and the need for very long driveways.

Mr. Timothy Lamb, 19 Windmill Dr. prefers the Open Space plan due to the preservation of the Entoloma mushrooms which are a rare species of 2 mushrooms combined. The mushrooms have been seen by Mr. Lamb in only 2 locations within the City.

Mr. John Lally, 281 Hudson St prefers the Open Space plan but has serious concerns regarding the wetlands and any reconfiguration to them.

In Opposition:

Mr. Richard Murphy, 11 Windmill Dr. is concerned about the additional traffic, and is against either plan.

Questions from the Board members:
Chairperson Fenby informed the developer that the developer must secure the legal rights to cross over the City owned sewer taking depicted on the plan prior to any approval of the plan. Mr. Fay reiterated that the the current plan depicts land not owner by the developer that is needed for the plan to be approved.  He also stated that when the developer proposed findings to the Board that it will be very important for the developer to have addressed the issues raised in the conservation officers letter that was read earlier in the meeting.  Mr. Fay also stated that the trail connection should be pursued. 
Chairperson Fenby asked if the sewer easement will be used for a possible Rail Trail connection, if so it was noted that the access will go right between 2 existing houses and that homeowners will need to be made aware of that.
Mr. Dipersio stated his opinion that there was a benefit to the open space plan without a trail connection.
The Public Hearing was closed to testimony at 8:06pm. 
On a motion made by Mr. Fay, seconded by Ms. Hughes it was voted to refer the project to the City Engineer for review. Motion carried.

5. Pending Sub Division Plans: Updates and Discussion:
A.  Engineers Report
Mr. Collins reported that the Subdivision listing is still being updated and currently the Department is researching the Carisbrook Subdivision, more info to follow.

	B. Extension Request Blackhorse Farms
Ms. Hughes read the correspondence for City Engineer Cullen into the record.
It was noted by Ms. Hughes that she had been to the site earlier in the day and progress was being made. The street lights were in and functioning, the open excavation areas had been filled. 
On a motion made by Ms. Hughes seconded by Mr. Hodge it was voted to approve the extension request for a 1 (one) year duration, extending the completion date to December 31, 2014.
The following conditions still apply to the extension: Continuous maintenance of the site through the 2014 season including mowing as necessary, as well as street sweeping.

6. Preliminary/Open Space Submissions/Limited Development Subdivisions: None

7. Definitive Subdivision Submission: 
	A. Definitive Plan Walker Brook Estates (2-17-14)
On a motion made by Ms. Hughes, seconded by Mr. Fay it was voted to set a public hearing for the first meeting in January.	Motion carried.

A request was made to get clarification from the Legal Department regarding the “official” date that this plan was received. Is the “date” the date it was received by the City Clerk or the “date” it was presented to the Board at an open meeting? 
An email will be sent to all members once the opinion is received.

8. Signs: 
	A. Brasileirnho Market
No one was in attendance. This item continued until next regularly scheduled meeting.

	B. First Church Congregational 
No one was in attendance. This item continued until next regularly scheduled meeting.	

9. Unfinished Business: 
	A. Berlin Farms
Mr. Collins shared the pertinent parts of a letter that was sent to Mr. Freeman regarding the status of the subdivision and of the possibility of Mr. Freeman forfeiting the financial security that is current in place (the bond) if he does not take sufficient steps to bring the subdivision to an acceptable completion in the near future. Mr. Freeman has not responded to continual requests from the Board to finalize the project, and loss of the bond may be an unfortunate circumstance of his inability to finish the project.
It was noted to keep this item for reporting purposes on the next Planning Board agenda as well.

	B. Blackhorse Farms Estates
This information was covered in item 5B.

10. Informal Discussions: 
Ms. Hughes questioned the status of the Country Club Estates project. Attorney Falk has not formally requested the withdrawal/replacement of the bond as discussed at the previous meeting. (11/18/13) A request for information will be sent to Attorney Falk.
	
11. Correspondence: None

12. Public Notices of other Cities and Towns: 
A. Town of Framingham Zoning Board of Appeals, Public Hearing 12-12-13.
	B. Town of Framingham Planning Board, Public Hearing 12-9-13
	C. Town of Sudbury Board of Appeals, Decision 11-19-13
	D. Town of Sudbury Board of Appeals, Decision 11-19-13
	E. Town of Sudbury Board of Appeals, Decision 11-19-13
	F. Town of Sudbury Board of Appeals, Decision 10-28-13
	G. Town of Sudbury Board of Appeals, Decision 10-28-13

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

13. Executive session for the purpose of discussing litigation strategy involving a proposed subdivision off Sudbury Street. 
On a motion made by Ms. Hughes, seconded by Mr. Fay it was voted to enter into Executive Session for the purpose of discussing litigation strategy involving a proposed subdivision off Sudbury Street. The Board will adjourn direct from Executive Session and will not be returning to Open Session. Roll Call Vote:
Mr. Fay		Yes
Ms. Hughes		Yes
Chairperson Fenby	Yes
Mr. Hodge		Yes
Mr. McCarthy		Yes
The Board entered into Executive Session at 8:26pm.

Adjournment:  On a motion made byMr. McCarthy, seconded by Mr. Hodge it was voted to adjourn at 9:25pm.

							Respectfully submitted,

							Colleen Hughes
						
/mai