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Planning Board Meeting Minutes 2013-08-07
Meeting Minutes Approved as written, 8/21/2013
Planning Board  
Wednesday, August 7, 2013
Newbury Town Hall

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


John Weis, Chair, called the meeting to order at 7:05 p.m.

  • Meeting Minutes:
Motion:  A motion was made by D. Powell and seconded by J. O’Connell to approve the meeting minutes of April 22, 2013 as amended.  The motion passed unanimously.

Motion:  A motion was made by D. Powell and seconded by J. O’Connell to approve the meeting minutes of May 1, 2013 as amended.  The motion passed unanimously.

Motion:  A motion was made by D. Powell and seconded by J. O’Connell to approve the meeting minutes of July 17, 2013 as written.  The motion passed unanimously.

The Board postponed action on the minutes June 19, 2013 until the next meeting.

  • Proposed Zoning Amendments for Fall 2013 Special Town Meeting:
  • Medical Marijuana:  The Board reviewed draft language for a temporary moratorium on Medical Marijuana Treatment Centers/Registered Marijuana Dispensaries, to be in effect through June 30, 2014, and agreed to submit the draft with minor amendments to the Board of Selectmen with the request to refer it back to the Planning Board for public hearing.
Motion:  A motion was made by D. Powell and seconded by J. O’Connell to submit the proposed zoning amendment regarding a temporary moratorium on Medical Marijuana Treatment Centers/Registered Marijuana Dispensaries to the Board of Selectmen and to request that the Selectmen refer it back to the Planning Board for public hearing.  The motion passed unanimously.

  • Solar By-Law:  The Board reviewed draft language for an amendment to the Ground-Mounted Solar Photovoltaic Installations by-law to correct scrivener’s errors in the provisions for Site Plan Review and agreed to submit the draft with minor edits to the Board of Selectmen with the request to refer it back to the Planning Board for public hearing.
Motion:  A motion was made by J. O’Connell and seconded by D. Powell to submit the proposed Warrant article correcting scrivener’s errors in the Site Plan Review provisions of the Ground-Mounted Solar Photovoltaic Installations By-Law to the Board of Selectmen and to request that the Selectmen refer it back to the Planning Board for public hearing.  The motion passed unanimously.

  • Caldwell Farm Trail:
J. Weis has sent an e-mail to Jerry Ring, Chair of the Caldwell Farm Homeowners’ Association Board of Trustees, inviting him and other interested Caldwell Farm residents to attend a Planning Board meeting to discuss the public trail.  He will follow up to see if a date can be set for a Fall meeting.  The Board noted that Alan Berry, developer of the property, had mentioned at the July 17, 2013, Planning Board meeting that he had constructed approximately half of the trail while the site was being developed.

  • Revised Stormwater Regulations:
M. Taylor is to distribute the draft revised regulations “in-house” for review.

  • Site Plan Review By-Law Revisions:
The Board discussed at length potential changes to the existing Site Plan Review by-law, including the possibility of: 1) establishing a tiered review process, 2) reducing the time period for which the approval is valid, 3) requiring regular inspections during construction , 4) revising the application process to include a mandatory pre-application meeting with relevant Town staff and Board/Commission members, 5) clarifying and extending the decision criteria, and 6) developing a process and mechanism for enforcement of the conditions of approval.  The discussion will be continued at the next meeting when all Board members are present.  M. Taylor is to review Site Plan Review By-Laws from neighboring communities.

  • Revised Flood Insurance Rate Maps (FIRM):
M. Taylor reported to the Board that FEMA has issued preliminary FIRM showing significant changes to the extent of the flood hazard zones in Town (particularly the AE zone) and to the base flood elevations.  According to the current schedule, FEMA anticipates that the FIRM will go into effect in July 2014.  If there is no change in schedule, the Town will need to adopt the revised FIRM and any related by-law changes at the Annual Town Meeting in the spring.

  • Zoning and ZBA Applications:
Eric Svahn, Associate ZBA member, came to meet with the Board informally to discussed ways in which zoning ambiguities might be clarified, particularly with respect to the Plum Island Overlay District (PIOD).  M. Taylor suggested holding a workshop with the ZBA, Building Commissioner, Conservation Agent, the Planner, and the Planning Board to identify issues and develop recommendations on how to resolve them.  

On a motion made by D. Powell and seconded by J. O’Connell, the meeting was adjourned at 9:18 p.m.

Respectfully Submitted,


Martha Taylor
Town Planner