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Planning Board Meeting Minutes 2012-01-18
Meeting Minutes 
Planning Board
Wednesday, January 18, 2012
Newbury Town Hall

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

Chairman Pearson called the meeting to order at 7:02 p.m.

A.      Meeting Minutes:

Review and vote on the meeting minutes of January 4, 2012 was postponed until the next meeting.

B.      53 High Road/1 Little’s Lane – ANR:

M. Taylor read a letter from Matthew Steinel of Millennium Engineering, written on behalf of the applicants, requesting that discussion of the ANR for the proposed lot line change at 53 High Road/1 Little’s Lane, be continued to the next regularly scheduled Planning Board meeting.

C.      245 High Road:

Lisa Mead of Blatman, Bobrowski & Mead, LLC, along with engineers John Hargreaves and Bob Grasso, appeared before the Board for an informal discussion regarding a potential Low Impact Design (LID) two-lot subdivision at 245 High Road, which proposes to build a cul-de-sac along the route of the existing driveway to provide frontage for the back lot.  The Board expressed concern about the length of the proposed cul-de-sac, the width and condition of the driveway, and access for emergency vehicles.  Ms. Mead said that these concerns will be reviewed and taken into consideration in any final plan developed for the property and that they will consult with the Newbury Fire Chief regarding adequacy of access for emergency vehicles.  She noted that the intent will be to improve the current situation.

The regular meeting was closed at 7:30 p.m. in order to open the public hearing for the 29/31 Downfall Road Common Driveway Special Permit application.

D.      Public Hearing:  29/31 Downfall Road Common Driveway Special Permit Application:

Kathleen Pearson, Planning Board Chair, opened the public hearing at 7:30 p.m.  John Weis, Planning Board Clerk, read the public notice.  The applicants provided the return receipts for the certified mail notification of abutters and M. Taylor stated that she had received the tear sheets from The Daily News for the two publications of the legal notice.  Lawrence Sturdivant and John Hatch, applicants, appeared to present the proposed common driveway plan.

L. Sturdivant showed the Board the route of the current common driveway, which goes between his house and his garage up to Mr. Hatch’s house, and the route of the proposed driveway, which is to come off of Downfall Road approximately 100 feet southwest of the existing driveway and meet up with the existing drive near the curve close to Mr. Hatch’s house.  A portion of the pavement for the existing drive will be removed.  The new driveway will serve Mr. Hatch’s house at 29 Downfall Road and a new house to be built at 31 Downfall Road.

L. Sturdivant noted that the existing driveway is narrower than what is required under the current by-law.  The new driveway will be 16’ wide.

M. Taylor pointed out that a portion of the new driveway falls within the 25’ “no disturb” zone of the wetlands.  This will be addressed during Conservation Commission review.  She also noted that there is an area where drainage is shown crossing the driveway surface, which is not allowed under the by-law.  A closed culvert must be provided.  She then read for the record a written comment from Michael Takesian, 36 Downfall Road, in favor of the proposed common driveway.

K. Pearson then invited comments and questions from the Board.  J. O’Connell asked whether the new driveway would be gravel or paved.  L. Sturdivant replied that the intention is to pave the new driveway, similar to the existing.  J. O’Connell noted that paving can be a double-edged sword with regard to stormwater.

Hearing no further comments from the Board, K. Pearson opened the hearing to comments and questions from the public.

Avery Woodworth, 19 Downfall Road, expressed concern that leaving a portion of the old driveway could open the possibility of creating additional lots in the future and that the old driveway should be removed.  L. Sturdivant said that the Planning Board had already approved division of the original Snowden property into four ANR lots.  After further questions, M. Taylor pulled the approved ANR plan from the file to clarify the number and location of approved lots.

Conversation ensued regarding the sequence of approvals for the Common Driveway, since approval is being requested from both the Planning Board and the Conservation Commission.  J. O’Connell noted that the plan has been presented to the Conservation Commission and there do not appear to be major issues.

A. Woodworth reiterated that his only concern was that another common driveway might provide opportunity for the creation of additional lots.  K. Pearson said that if the proposed driveway meets the requirements and criteria for a common drive, the applicants have the right to put it in.

John Robertson, 7 Lenway Road, spoke in support of John Hatch and of his getting his own driveway, noting that he has done a good job with his property.  He added that it would be good for Mr. Sturdivant to have his own driveway as well.  He then asked if 16 feet was adequate for fire equipment and what the substrate would be, to ensure that fire trucks could get to Mr. Hatch’s house.  He also said that he would like to make sure that the specifications would be adhered to and noted that the driveway will be encroaching on the wetlands.  J. Weis and K. Pearson both said that impact on the wetlands will be a Conservation Commission determination.

M. Taylor confirmed that the site walk would be held on Saturday, January 28, 2012 at 9:00 a.m.  K. Pearson noted that she would like more information regarding the dip in the driveway where drainage is shown flowing across the surface.

Motion:  A motion was made by J. Weis and seconded by J. O’Connell to continue the public hearing on the 29/31 Downfall Road Common Driveway Special Permit application to Wednesday, February 1, 2012, at 7:30 p.m.  The motion passed unanimously.

The regular meeting was then re-opened.

E.      Millen Property, Newburyport Turnpike:

        Nicholas Millen appeared before the Board to discuss his plans to start a wood processing operation on his family’s property on the Newburyport Turnpike and asked the Board to advise whether Site Plan Review would be required.  According to Mr. Millen, D. Packer, Conservation Agent, had said that he would consider this operation an agricultural use.  The Board agreed and advised that as such, it would be exempt from Site Plan Review.

F.      Proposed Zoning Amendments:

The Board reviewed suggestions regarding uses in the proposed Parker River Marine District and discussed final recommendations on the proposed zoning amendments in preparation for the meeting with the Selectmen to be held on January 25, 2012.

G.      New Business:

1.      FY13 Budget:  The Board reviewed the draft budget prepared by M. Taylor and made salary and expense recommendations to be incorporated into the final FY13 budget request.

2.      Flood Maps and Floodplain Management By-Law Revisions:  M. Taylor reported that, per a letter from FEMA dated January 3, 2012, the new Flood Insurance Rate Maps (FIRM) must be adopted by the Town no later than July 3, 2012, along with changes to the Town’s flood zone overlay district by-law, to bring it into conformance with current FEMA regulations.  Both of these will need to be voted on at the Annual Town Meeting.


On a motion made by J. Weis and seconded by L. McCamic, the meeting was adjourned at 10:42 p.m.

 
Respectfully Submitted,

Martha Taylor
Town Planner