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Planning Board Meeting Minutes 2013-12-18
Meeting Minutes Approved as written, 1/8/2014
Planning Board  
Wednesday, December 18, 2013
Newbury Town Hall

Members Present:        John Weis, Chair; Kathleen Pearson; John O’Connell; David Powell; George Morse (Associate Member)
Members Absent: Linda McCamic
Staff Present:  Martha Taylor, Town Planner

John Weis, Chair, called the meeting to order at 7:03 p.m.

  • Meeting Minutes:
Motion:  A motion was made by D. Powell and seconded by J. O’Connell to approve the meeting minutes of December 4, 2013 as written.  The motion passed with three in favor (Weis, O’Connell, and Powell) and one abstention (Pearson, who was not present at that meeting).

  • 101 Newburyport Turnpike:
Angelo Ciardiello’s engineer, Alan Roscoe of Hancock Associates, has written a letter to the Conservation Commission addressing concerns raised by the Conservation Agent in his letter of November 20, 2013 to Mr. Ciardiello.  A meeting, to include Doug Packer, John O’Connell, Martha Taylor, Angelo Ciardiello, and Alan Roscoe, to discuss the ongoing issues on the site is being scheduled for December 23.

  • Revised Stormwater Rules and Regulations:
M. Taylor reported that Town Counsel has advised that the Stormwater Permit Granting Authority needs to be changed from the Planning Board to the Conservation Commission in the by-law at Town Meeting before the revised Rules and Regulations designating the Con Comm as the Granting Authority are adopted.  The current draft of the Rules and Regulations is to be sent to the Board’s engineer, Joe Serwatka, for review.  J. O’Connell noted that the question regarding fees for stormwater management still needs to be answered.  The current budget appropriation does not cover any of the General Permit requirements except for testing; funding is needed for other requirements such as retrofits.

  • Revised Subdivision Rules and Regulations:
The draft revisions and the existing Subdivision Rules and Regulations were distributed in hard copy and are to be reviewed and discussed at the next meeting.  The section on stormwater will reference the stormwater regulations for plan requirements, but will continue to include items which are not dealt with in the stormwater regulations.  The Board considered whether the OSRD should also reference the stormwater regulations.

  • Caldwell Farm Trail:
J. Weis has sent a letter to Jerry Ring outlining the steps required per Town Counsel if the Caldwell Farm Condominium Association wishes to pursue rescission of the trail easement.  In response, Mr. Ring has requested a meeting in early January to follow up.  J. Weis suggested that he and M. Taylor attend the meeting and report back to the Board.

D. Powell noted that it is still not clear whether the Caldwell Farm Board’s request represents the opinion of the majority of the Caldwell Farm community.  Carla Moss, Caldwell Farm resident, expressed concern that residents other than the Board members have had little opportunity to provide input on this question to date.  She noted also that removal of the trail easement would be an amendment to the Master Deed which would require approval by 67% of the unit owners and 51% of the mortgage holders.

Motion:  A motion was made by J. O’Connell and seconded by K. Pearson to deputize J. Weis and M. Taylor to meet with Jerry Ring and the Caldwell Farm Board and hold a conversation regarding the steps required to rescind the trail easement.  The motion passed unanimously.

  • Medical Marijuana By-Law:
The Medical Marijuana Subcommittee, composed of J. Weis, G. Morse, and M. Taylor, will meet with a City Councilor and tour an RMD in Portland, ME in January.  In the meantime, it is continuing to gather information and suggests holding a public workshop sometime in the last two weeks of January.

  • Revised Site Plan Review By-Law:
The Board further discussed the draft revisions to the Site Plan Review By-Law.  The two major outstanding issues are whether there should be two levels of review and, if so, who should be authorized to approve Level I applications.  The Board discussed the possibility of reducing the thresholds that trigger Site Plan Review and maintaining one level of review.

  • Master Plan Update:
The Master Plan Subcommittee, composed of J. Weis, D. Powell, and M. Taylor, has reviewed about 2/3 of the existing Master Plan.  The members noted that a number of recommendations in the Action Plan have already been implemented.  One area that has not been addressed is affordable housing.  The Board discussed whether there is any way for the Town to renew participation in the CDBG rehab program; M. Taylor is to follow up.  Sea level rise is one planning concern that was not included in the 2006 Master Plan and should be incorporated in any update.

  • Demolition Delay By-Law:
The Board reviewed and discussed the November 13, 2013 draft Demolition Delay by-law prepared by the Historical Commission and developed a list of suggested revisions, which will be sent to the Commission.

On a motion made by D. Powell and seconded by J. O’Connell, the meeting was adjourned at 9:22 p.m.

Respectfully Submitted,

Martha Taylor
Town Planner