Meeting Minutes Approved as amended, 10/16/2013
Planning Board
Wednesday, September 18, 2013
Newbury Town Hall
Members Present: John Weis, Chair; Kathleen Pearson; Linda McCamic; John O’Connell; David Powell; George Morse (Associate Member)
Staff Present: Martha Taylor, Town Planner
John Weis, Chair, called the meeting to order at 7:00 p.m.
Motion: A motion was made by D. Powell and seconded by J. O’Connell to approve the meeting minutes of September 4, 2013 as written. The motion passed unanimously.
- Site Plan Review By-Law Revisions:
M. Taylor reported that the subcommittee working on the revisions to the Site Plan Review by-law has met once and is in the process of reviewing all comments from the other Board members. The subcommittee has agreed that a tiered review process would be appropriate.
- Informal Inquiry re. Potential for Cul-de-Sac off of Pearson Drive:
M. Taylor reported on an informal inquiry from a resident who would potentially like to subdivide his property by creating a cul-de-sac off of Pearson Drive, which is a non-through road. The majority of Board members indicated that they would want to see a proposed plan before determining whether this would be allowed or not.
At 7:15 p.m. the Selectmen called their meeting to order and the Chairs of both Boards opened the joint public hearing.
- Joint Public Hearing for Property at 67-69 Newburyport Turnpike on the Application of Chrissy Rupp, Play Makers, Inc., for a Water Supply Protection Overlay District Special Permit (Board of Selectmen) and Site Plan Review Approval (Planning Board):
Selectmen Present: Joseph Story, Chair; Mike Bulgaris; Geof Walker; and Dave Mountain
Selectmen Absent: Chuck Bear
Planning Bd. Present: John Weis, Chair; Kathleen Pearson; Linda McCamic; John O’Connell; David Powell
Staff Present: Kathy Sirois, Selectmen’s Administrative Assistant; Martha Taylor, Town Planner
The joint public hearing on the application by Chrissy Rupp, Play Makers, Inc., for a Water Supply Protection Overlay District Special Permit and Site Plan Review approval for proposed redevelopment of the property at 67-69 Newburyport Turnpike was opened at 7:15 p.m. by Joseph Story, Chair of the Board of Selectmen, and John Weis, Chair of the Planning Board. Planning Board Clerk, Linda McCamic, read the public notice. Certified mail receipts were presented to the Town Planner.
The applicant, Chrissy Rupp, owner of Play Makers, Inc., was in attendance, along with her engineer, Thomas Mannetta of Thomas Mannetta, Inc., and her architect, Mathew Cummings of Cummings Architects.
Chairman Story invited the applicant to provide an overview of the project. Chrissy Rupp explained that Play Makers, Inc. is a child enrichment program currently located in the Forest Ridge Plaza in Rowley. According to the Applicant, the program is a unique business model, unlike anything else in the nation. It is not a daycare, but rather provides hour-long infant/toddler classes in art, cooking, etc., geared to helping parents understand that children learn better when they are less scheduled and less pressured academically and have fewer toys and more interaction with others. The 67-69 Newburyport Turnpike location will be a better fit for the Play Makers business model and will provide outdoor play space, which the program does not have now.
The property will continue to be mixed use. Ms. Rupp and her family are now renting the single family house and will live there permanently when they close on the property. Eventually they will put an addition on the back of the house. However, the first phase of the project will involve renovation of and addition to the first floor space in the commercial building and renovation of the residential apartment on the second floor, as well as site work, including some landscaping and exterior lighting, a new driveway behind the buildings, additional parking, and stormwater management. Ms. Rupp noted that the permitting and site development costs of the project have exceeded their initial estimates and they hope that they can still bring the project to fruition. If not, the
business may have close due to expenses already incurred.
D. Mountain disclosed that he is on the Board of Directors of the Parker River Clean Water Association (PRCWA), the current tenant of the commercial structure at 67-69 Newburyport Turnpike. He consulted earlier in the day with Town Counsel to determine whether he might have a conflict of interest. Because PRCWA is a tenant-at-will, and Play Makers is planning to give more than the required 30 days’ notice, he said there appears to be no financial conflict of interest and therefore no need for him to recuse himself from the proceedings.
J. Story asked about the impact of the new business on traffic. The applicant asked if they could come back to that question after the engineer’s presentation.
Thomas Mannetta then presented the details of the project. He said that 67-69 Newburyport Turnpike is in the Business & Light Industrial (BLI) zoning district and in the Water Supply Protection Overlay District. 67 Newburyport Turnpike is a commercial building with a residential apartment above. 69 Newburyport Turnpike is a single family residence. Additions are proposed for both buildings, with increases in the number of parking spaces, lot coverage, and impervious surface. There will be 13 parking spaces total, with one van-accessible handicapped space. There is an existing semi-circular drive with two curb cuts, which will not be changed. Traffic will be one way, entering at the southern end of the drive and exiting at the northern end. A new drive
will be constructed behind the buildings for residential use, with three residential parking spaces. The plan shows this new drive as asphalt, but following up on input from the Conservation Commission, Mr. Mannetta intends to change this to gravel, which will reduce the amount of total impervious surface on the redeveloped site from 27.8% to 18.2%.
The landscaping plan shows proposed new plantings along the edge of the Route 1 right-of-way to screen the parking, planter boxes and window boxes at the face of the building, and new lighting. The plan does not show any change to the plantings in the right-of-way itself. Site lighting will be as shown on the plan.
K. Pearson asked where the sign would be. T. Mannetta replied that there will be a sign on the face of the building and another on an existing pole.
G. Walker asked whether T. Mannetta would be able to meet the stormwater requirements with the amount of impervious surface on the site. T. Mannetta replied that he believed he could meet the requirements.
J. O’Connell noted that he has some issues with the design as shown, but recognized that Mr. Mannetta has not yet incorporated changes that have been discussed into the plan. T. Mannetta said that his goal is to meet the requirements, but wants to get all comments before revising the plan.
K. Pearson suggested that Mr. Mannetta go through the letter from the Planning Board’s review engineer, Joseph Serwatka, point by point. He first went through the items regarding stormwater requirements, noting that he will have no problem addressing each of the issues raised.
G. Walker said that he is pro-business and thinks this use would be a good fit for the area, but was concerned about the ability of the applicant to meet the stormwater requirements and did not feel comfortable approving the project at this point. J. O’Connell noted that the Conservation Commission had scheduled a site walk for Wednesday, September 25, to review the drainage issues.
D. Mountain noted that much of the property drains into the ACEC and asked whether this would put an additional burden on the stormwater management design.
G. Walker asked what was triggering the additional drainage requirements. J. O’Connell replied that it was the increase in impervious surface. G. Walker then asked if there would be positive net flow into the ACEC. J. O’Connell replied that the project can’t increase the flow off the site. T. Mannetta noted that the project site itself is not in the ACEC.
D. Powell pointed out that at least some of the discussion was focusing on the original plan and asked whether the proposed reduction of impervious surface would solve the issues being raised. T. Mannetta said that the roof surfaces still need to be drained. J. O’Connell noted that roof run-off is clean water and doesn’t need to be treated.
T. Mannetta then addressed comments from Joe Serwatka regarding the site plan, particularly parking. He noted that the garage area is primarily for residential use, as is the driveway at the rear of the buildings, and doesn’t agree that it needs to provide for two-way traffic. K. Pearson said that since the driveway serves two units, it should be treated like a common driveway. J. O’Connell said that he agreed that the drive needs some thought. T. Mannetta said that he could widen out a portion of it to allow cars to pass each other. He also said that he would address the questions regarding the amount of back-up space provided for the cars.
G. Walker asked whether the Planning Board would push for anything further if the applicant could meet the Conservation Commission requirements and DEP stormwater requirements and said that he felt that the decision would be easy for the Selectmen if those requirements were met.
J. Story asked whether there would be any storage of hazardous materials. Ms. Rupp replied that the only hazardous materials would be infant diapers.
J. Weis asked what work is planned on the structures and what the timing would be. Mathew Cummings then presented the architectural plans. He said that the goal is to make the building family-oriented in appearance in the future. He provided a brief history of the commercial building, noting that the original structure was a timber frame garrison colonial built in the 1830s/1840s. Initial work will include some dressing-up of the front façade with flower boxes and a series of additions on the rear with flat roofs so as not to impact the appearance of the building from the front. The addition to the commercial building will be done first, followed by the addition to the house in the future. Façade improvements will also be done at a later time.
The entire first floor of the commercial building will be renovated for the business. Spaces will include a kitchen, playroom, and art room. New basement and garage space will be below the first floor addition.
There being no other questions or comments from the two Boards, the hearing was opened up to questions and comments from the public.
Juliet Bruce, 26 Lynnwood Place, Amesbury, said that she has been involved with Play Makers for two years and that the business will be a huge asset to the community. She said that the program is radically unique: the toys are carefully chosen and the children are deeply engaged; the staff members bring their full presence to work; and the collective wisdom of the staff is amazing. In her opinion, the community would be blessed to have a center like this.
Brittany Bennett, 222 West Main Street, Georgetown, said that she also has been affiliated with the program for two years and that nothing compares to Play Makers; it is a unique place. Any community would be lucky to have them.
M. Taylor then read comments from the Police Chief, the Health Agent, and the Deputy Fire Chief into the record, along with a letter of support from abutters Cecile and Jerome Pimental.
Members of the two Boards discussed the possibility of joining the Conservation Commission at their site visit on September 25. Ms. Rupp will confirm that there will be no issue with that.
After the site visit, T. Mannetta will revise the plans based on comments received. He will also discuss the revisions with the Planning Board’s engineer. After some discussion, all agreed on continuing the public hearing to October 16, 2013 at 7:15 p.m.
Motion: A motion was made by K. Pearson and seconded by J. O’Connell to continue the Site Plan Review public hearing regarding 67-69 Newburyport Turnpike to Wednesday, October 16, 2013, at 7:15 p.m. The motion passed unanimously.
Motion: A motion was made by G. Walker and seconded by M. Bulgaris to continue the Special Permit public hearing regarding 67-69 Newburyport Turnpike to Wednesday, October 16, 2013, at 7:15 p.m. The motion passed unanimously.
The public hearing on the proposed zoning amendments was then opened.
- Public Hearing on Proposed Zoning Amendments: Medical Marijuana Moratorium and Corrections to the Ground-Mounted Solar Photovoltaic Installations By-Law:
At 8:25 p.m. John Weis, Chair of the Planning Board, opened the public hearing to consider proposed zoning amendments regarding: 1) a moratorium on Medical Marijuana Treatment Centers/Registered Marijuana Dispensaries, and 2) corrections to the site plan review provisions in the Ground-Mounted Solar Photovoltaic Installations By-Law. Linda McCamic, Planning Board Clerk, read the legal notice.
- Temporary Moratorium on Medical Marijuana Treatment Centers/Registered Marijuana Dispensaries:
Via a PowerPoint presentation, J. Weis presented background on the law passed in November 2012 permitting the cultivation, distribution, possession, and use of marijuana for medical purposes in Massachusetts and on the Regulations subsequently promulgated by the State Department of Public Health. The moratorium is intended to provide time for the Town to address the novel and complex legal, planning, land use, public health, and public safety issues raised by the legalization of medical marijuana and to develop a rational framework for regulating this use under the Newbury Zoning By-Law and through other appropriate local regulations. The proposed moratorium would be effective through June 30, 2014 and would not apply to hardship cultivation.
The Board members then reviewed proposed revisions to the original moratorium draft from Town Counsel clarifying the language and agreed that the moratorium as revised would allow the Board the time it needs to develop an appropriate by-law.
No members of the public were present.
Motion: A motion was made by D. Powell and seconded by L. McCamic to submit the proposed Article regarding a Temporary Moratorium on Medical Marijuana Treatment Centers/Registered Marijuana Dispensaries as revised to the Selectmen for inclusion on the Warrant for the Fall Special Town Meeting. The motion passed unanimously.
- Corrections to Site Plan Review Provisions of the Ground-Mounted Solar Photovoltaic Installations By-Law:
Again via PowerPoint, J. Weis then presented the proposed corrections to the Ground-Mounted Solar Photovoltaic Installations by-law that was passed at the May 2013 Annual Town Meeting. He explained that the version of the by-law included on the Warrant incorrectly designated both the Planning Board and the Board of Selectmen as the review and approval body for ground-mounted solar arrays subject to Site Plan Review (arrays occupying ¼ acre up to but not including 2 acres in size). The language of that section should be corrected to designate only the Planning Board as the Site Plan Review approval authority. The Board of Selectmen remain the Special Permit Granting Authority for arrays two acres and larger in size. The proposed corrections also include changing the word
“By-Laws” (plural) to “By-Law” (singular) at the end of the Site Plan Review section.
There were no comments or questions from the Board members and no members of the public were present.
Motion: A motion was made by L. McCamic and seconded by J. O’Connell to submit the proposed Article regarding corrections to the site plan review provisions of the Ground-Mounted Solar Photovoltaic Installations By-Law as written to the Selectmen for inclusion on the Warrant for the Special Fall Town Meeting. The motion passed unanimously.
There being no further discussion, J. Weis called for a motion to close the public hearing.
Motion: A motion was made by D. Powell and seconded by L. McCamic to close the public hearing. The motion passed unanimously.
- Revised Stormwater Rules and Regulations:
J. O’Connell reported that the draft revision of the Stormwater Rules and Regulations is being reviewed and that he and M. Taylor had met with Ed Deardon to go over his comments. J. O’Connell has also given copies to two engineers who work with the Town for their comments. He noted that a project in the MS4 – remediation of the soils on the Circle Finishing site on Newburyport Turnpike – will be coming up. He also noted that cross-referencing of the Stormwater Rules and Regulations and the Subdivision Rules and Regulations will be needed.
D. Powell noted that on certain residential construction sites the contractors appear to be stripping the sites of loam, selling it, and bringing in substandard material to replace it. He recommended that the Board review the Earth Removal By-Law to develop language that provides a means for monitoring and measuring this kind of activity and gives the Town statutory authority to take action if needed.
On a motion made by K. Pearson and seconded by L. McCamic, the meeting was adjourned at 9:02 p.m.
Respectfully Submitted,
Martha Taylor
Town Planner
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