Meeting Minutes Approved as written, 11/6/2013
Planning Board
Wednesday, October 16, 2013
Newbury Town Hall
Members Present: John Weis, Chair; Kathleen Pearson; Linda McCamic; John O’Connell; David Powell
Members Absent: George Morse (Associate Member)
Staff Present: Martha Taylor, Town Planner
John Weis, Chair, called the meeting to order at 7:01 p.m.
Motion: A motion was made by D. Powell and seconded by K. Pearson to approve the meeting minutes of October 2, 2013 as amended. The motion passed with four in favor (Weis, Pearson, O’Connell, and Powell) and one abstention (McCamic, who was not present at that meeting).
- Revised Stormwater Rules and Regulations – Update:
J. O’Connell reported that in-house comments on the draft revision to the Stormwater Rules and Regulations are pending and that he has received no comments from the engineers to whom he distributed the draft for informal review. He anticipates final in-house comments within two weeks. He also reported that the Conservation Commission members took a vote at their last meeting confirming that they are willing to take over responsibility for issuing stormwater permits if the Planning Board would like to transfer the authority that it has under the current by-law. The by-law will need to be revised accordingly at the Annual Town Meeting in the spring.
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; Chuck Bear; Dave Mountain; Geoffrey Walker
Selectmen Absent: Mike Bulgaris
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 continuation of 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.
M. Taylor noted that Selectman Bear, who was not present at the first session of the public hearing, had certified that he watched the videotape of that session, so would be able to participate in the hearing, per M.G.L. Chapter 39, Section 23D. The signed Certification will be entered into the record of the hearing.
She then distributed letters to the members of both Boards from the applicant, Chrissy Rupp, requesting a continuation of the public hearing to November 6, 2013, to allow time for her engineer to complete the site plan revisions. M. Taylor noted that this should provide sufficient time for the Planning Board’s engineer to review the revisions and submit comments. She also reported that the Conservation Commission voted the previous evening to continue the public hearing on the Notice of Intent to its next meeting on November 19. Doug Packer, Conservation Agent, confirmed this and reported that the applicant’s engineer was addressing their concerns and that soil tests indicated that the soils would be suitable for stormwater detention and infiltration in the proposed location.
Motion: A motion was made by K. Pearson and seconded by D. Powell to continue the Site Plan Review public hearing regarding 67-69 Newburyport Turnpike to Wednesday, November 6, 2013, at 7:15 p.m. The motion passed unanimously.
Motion: A motion was made by G. Walker and seconded by C. Bear to continue the Special Permit public hearing regarding 67-69 Newburyport Turnpike to Wednesday, November 6, 2013, at 7:15 p.m. The motion passed unanimously.
The regular meeting was then re-opened.
- 101 Newburyport Turnpike:
J. O’Connell and M. Taylor reported that there has been little progress on the site – the piles of RAP have been removed, but no further action has been taken by Angelo Ciardiello to address the issues raised by the Planning Board and the Conservation Commission. Doug Packer will write one more letter to Mr. Ciardiello. The next step will be DEP enforcement action.
- Special Town Meeting Preparation:
Due to his teaching schedule, J. Weis will be unable to attend the October 22, 2013 Special Town Meeting; K. Pearson will present the Planning Board’s report and move the two Warrant articles.
The Board discussed the Attorney General’s recent decision to allow temporary moratoria on Medical Marijuana Treatment Centers/Registered Marijuana Dispensaries to be in effect until December 31, 2014, and agreed to make an amendment from the floor to extend the end date of the proposed moratorium from June 30, 2014 to December 31, 2014.
Motion: A motion was made by D. Powell and seconded by L. McCamic to amend the Warrant article to extend the duration of the temporary moratorium on Medical Marijuana Treatment Centers/Registered Marijuana Dispensaries from June 30, 2014 to December 31, 2014. The motion passed unanimously.
- Middle Road Weir Project:
K. Pearson reported on an e-mail she had received from a resident of Middle Road expressing concern about construction of a road through the wetlands from Middle Road which could allow access to property on Route 1. This road is being put in as part of the Middle Road Weir Project to provide access for the Town to maintain the culvert that is being installed. J. O’Connell and J. Weis will follow up with the Conservation Agent and Town Administrator respectively to obtain more information.
- Site Plan Review Subcommittee Update:
The Site Plan Review subcommittee has reviewed all of the Board members’ comments and will develop a draft revision for review by the full Board in early November.
- Potential Zoning Amendments for the Annual Town Meeting:
The Board discussed potential zoning amendments to propose for the Spring 2014 Annual Town Meeting, including:
- A by-law regulating facilities related to the distribution and cultivation of medical marijuana;
- Revisions to the Site Plan Review by-law;
- Revisions to the Flood Hazard Overlay District by-law as required by the new draft FIRM maps, expected to become effective in July 2014;
- Revisions to the boundaries of the Commercial Highway A district and the section of Commercial Highway District at the A. L. Prime gas station;
- A Route 1A overlay district to allow antique shops, art galleries, and similar businesses.
The Board also discussed other topics to be addressed, in particular:
- Review of the Plum Island Overlay District by-law;
- Review of the Master Plan.
Because of the public hearing continuation now scheduled for November 6, J. Weis will suggest that Jerry Ring, Chair of the Caldwell Farm HOA Board of Trustees, meet with the Board around 8:00 or 8:15 that evening. He will follow up with Mr. Ring.
On a motion made by J. O’Connell and seconded by L. McCamic, the meeting was adjourned at 8:50 p.m.
Respectfully Submitted,
Martha Taylor
Town Planner
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