MARLBOROUGH PLANNING BOARD
MARLBOROUGH, MA 01752
Call to Order                                                         				December 16, 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, Edward Coveney, Shawn McCarthy & Brian DuPont.
Also in attendance were Board Secretary Melissa Irish and City Engineer Thomas Cullen.

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

	B. Regular Meeting December 2, 2013
On a motion made by Ms. Hughes, seconded by Mr. Fay it was voted to approve the minutes of the December 2, 2013 meeting. Motion carried. 

2. Chair’s Business: 
	A. Country Club Estates Modification to agreement
On a motion made by Mr. Fay, seconded by Mr. Coveney it was voted to table the correspondence. Motion carried.

	B. Country Club Estates Performance Bond, acceptance of new, release of original
On a motion made by Mr. Fay, seconded by Mr. Coveney it was voted to table the correspondence. Motion carried.

	C. Board Opinion regarding the Open Space and Recreation Plan.
On a motion made by Mr. McCarthy, seconded by Mr. Coveney it was voted to send a favorable recommendation to the Conservation Officer Ms. Priscilla Ryder in support of the Open Space and Recreation Plan. Motion carried.

3. Approval Not Required: 
	A. Marlborough Northborough Realty Trust
Ms. Hughes read the City Engineers findings into the record.
On a motion made by Mr. Fay seconded by Mr. Hodge the findings were accepted and placed on file.

On a motion made by Mr. Fay, seconded by Ms. Hughes it was duly voted to accept and endorse the plan of land believed to be Approval Not Required Consolidation of existing lots 6, 7 & 8 and create New Lots A & B. Owned by Marlborough/Northborough Land Realty Trust.
Prepared by:  Vanasse Hangen Brustlin, Inc. 101 Walnut St, Watertown, MA 02471.
Date of Submission November 7, 2013, Revision December 9, 2014.
A courtesy copy of the plan is also to be submitted to the Zoning Board of Appeals. Motion carried.

4. Public Hearings: None

5. Pending Sub Division Plans: Updates and Discussion:
A.  Engineers Report
City Engineer Cullen read the following communication into the record, pertaining to the proposed Hudson Street Open Space Subdivision:

Tom and Sandra,

I have attached for your use the section of the City Code relating to Open Space Developments for the proposed subdivision before the Marlborough Planning Board.

There are a couple of questions / concerns that need to be addressed before advancing this proposed subdivision:

1)	Chapter 650-28 (D) – “Site ownership.  The development may consist of a single parcel of land or contiguous parcels, provided they are in common ownership or are submitted with the binding consent of different owners.”
a)	One of the critical components based on my review of the submitted plan is the sewer taking parcel that will ultimately cross the proposed roadways under your “conventional” plan and the “open space” plan.  Can I suggest that the proponent provide a copy of the deed for the land and the sewer taking, provide a legal brief as to why what they are proposing does not negatively impact their proposal, and have our Legal Department weigh in on the legality of their argument.  My concern is the parcel that is created across the roadway and the fact that it divides the proposed roadway/frontage roadway. I believe a legal opinion is in order.
2)	Chapter 650-28(E) – “Dimensional and intensity requirements”
a)	The answer to the first concern above may address the concern that the “total area of the site proposed for open space development shall be at least five acres.”
b)	The applicant shall prepare a conventional plan to show the number of lots which could be created by right under conventional zoning.  In order to ensure that the lots are buildable, the plan shall not include building lots that have more than 50% coverage of wetlands or by slopes of 25% or greater:
i)	Please provide in a summary table for each conventional subdivision lot the percentage of wetlands on said buildable lot noting the above;
ii)	Please provide in a summary table for each conventional subdivision lot that contains slopes of 25% or greater noting the zoning requirements for the conventional building lot (i.e. as currently depicted Lot 5 seems to indicate a section of the lot that has a slope greater than 25%, and by interpretation of this section of the Code it would be considered not buildable but if this section of the lot were pulled out of the lot and a parcel created, then the remaining lot (assuming it meets zoning would be considered buildable) .  If you have any questions as to what is needed for this comment, please contact me.
3)	There is a section of the proposed roadway for the conventional subdivision that crosses a wetland.  Will Conservation allow such a crossing noting that this will impact the number of buildable lots with proper frontage.  Please check and resolve.
4)	Please provide the necessary annotation on the conventional subdivision concept plan concerning the building box including the frontage (mean direction line) for each of the lots with emphasis on Lots 4, 5, 6, and 9.
5)	For the conventional subdivision plan, the Planning Board per the Rules and Regulations may also in proper cases require the plan to show a park or parks suitably located for playground or recreation purposes.  Please check and resolve if this provision of the Planning Board’s rules will be required because it possibly impacts the number of buildable lots.    

Assuming all the above issues get resolved, you will then need the Planning Board to provide you with direction if the Open Space Special Permit should be advanced noting that the final plan will need to show much more detail consistent with the Rules and Regulations.

If you have any questions and/or concerns concerning the above, please contact me.

Mr. Cullen stated that he has heard from Attorney Austin and is waiting for further communication from her.

	B. Mauro Farms; Nolan Way, Spenser Circle Request to Plow
Ms. Hughes read the request into the record.
On a motion made by Ms. Hughes, seconded by Mr. Coveney the correspondence was accepted and placed on file. Motion carried.

	C. Mauro Farms; Capital Group Request for lot release; Lots 26, 27, 28, 29
Ms. Hughes read the request into the record.
On a motion made by Ms. Hughes seconded by Mr. Coveney it was voted to refer the request to the Engineering Department as well as the Code Enforcement Officer. 

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

7. Definitive Subdivision Submission: None

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

	B. First Church Congregational 
Mr. George Pellerin was in attendance with Pastor Weberton, of the Herob Presbyterian Reforemed Church. Mr. Pellerin supplied to the Board the requested “Banner” application however that application has not been presented to the Building Department for either approval or denial. The application will be filed with the Building Department in the morning. Mr. Pellerin was informed that once the temporary sign permit was acted on by the Building Commissioner the Board would then be able to act on the variance request before them. 
This item is to be carried over to the next regularly scheduled meeting January 13, 2014..	

9. Unfinished Business: 
	A. Berlin Farms
The letter as referred by Tim Collins was sent out Certified Mail Return Receipt Requested and it was returned to the Engineering Department as unclaimed.
Mr. Freeman was in touch with Mr. Fay via email on December 13, 2013. Ms. Hughes read the brief communication into the record. The Engineering Department is still waiting for the As Built drawings to be received.
It was noted to keep this item for reporting purposes on the next Planning Board agenda as well.

B. Dental Clinic zoning change clarification to proposed definition
Councilor Clancy presented the clarification to the definition of the term “Dental Clinic” as proposed in the proposed zoning change.  The clarification is as follows:

DENTAL CLINC- Buildings or portions thereof used by licensed dentists to provide dental care services on less than a 24 hours basis , and at which are employed not more than three (3) dentists, on site with necessary support staff.

The clarification adds the term “on Site” into the proposed definition.

On a motion made by Mr. Fay, seconded by Ms. Hughes it was voted to forward a favorable recommendation to the City Council including the amendment as proposed by Councilor Clancy. Motion carried.

10. Informal Discussions: 
A late communication from Solicitor Rider was read into record by Ms. Hughes pertaining to the requested clarification from the Board regarding the “technical” submittal date of plans ie: ANR, Preliminary & Definitive subdivisions. It is the legal opinion that plans are presented at a regular meeting or by registered mail only. The date of the regularly scheduled meeting, or receipt of the registered mail is the date that triggers the time line for decisions.
On a motion made by Mr. Fay, seconded by Mr. Hodge the communication was accepted and placed on file. Motion carried.

11. Correspondence: 
	A. MASS Development, final approval revenue bond
	B. Directions 2013 Fall Issue 

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

12. Public Notices of other Cities and Towns: 
A. Town of Hudson, Zoning Board of Appeals, Notice of Decision 11-14-13
	B. City of Marlborough, City Council Public Hearing 1-13-14

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

Adjournment:  On a motion made by Mr. DuPont, seconded by Mr. Hodge it was voted to adjourn at 7:47pm.

							Respectfully submitted,

							Colleen Hughes
						
/mai