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Planning Board Meeting Minutes 2012-02-01
Meeting Minutes 
Planning Board
Wednesday, February 1, 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 7:04 p.m.

A.      Meeting Minutes:

Motion:  A motion was made by J. O’Connell and seconded by J. Weis to approve the meeting minutes of January 4, 2012, as written.  The motion passed with four in favor and one abstention (L. McCamic, who was not present at the January 4 meeting).

Motion:  A motion was made by L. McCamic and seconded by J. O’Connell to approve the meeting minutes of January 18, 2012, as written.  The motion passed unanimously.

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

M. Taylor read an e-mail from Matthew Steinel of Millennium Engineering, written at the request of the property owners, withdrawing the ANR application for the proposed lot line change at 53 High Road/1 Little’s Lane.

C.      Plum Island Streets:

M. Taylor read a letter from Fire Chief William Pearson expressing concern about the accessibility of certain roads on Plum Island to fire apparatus and seeking a solution to the problem.

Motion:  A motion was made by D. Powell and seconded by J. Weis to support creation of a subcommittee comprised of various Town personnel to address the Fire Chief’s request and to nominate J. O’Connell to represent the Planning Board on this subcommittee.  The motion passed unanimously.

M. Taylor will follow up with Chief  Pearson to coordinate.

D.      ANR – 101 Newburyport Turnpike:

Joseph Small of Hancock Associates appeared on behalf of James Lagoulis, property owner, to submit a Form A application for creation of four lots at 101 Newburyport Turnpike, three buildable (Lots 1, 2, and 3) and one unbuildable (Parcel 4).

Motion:  A motion was made by J. O’Connell and seconded by J. Weis to endorse as Approval Not Required the plan entitled “Plan of Land in Newbury – Newburyport Turnpike, Sled Road, Boston Road,” dated January 29, 2012, prepared for James Lagoulis by Hancock Associates, showing three buildable lots (Lots 1, 2, and 3) with the required frontage and one parcel (Parcel 4) shown on the plan as “Not a Building Lot.”  The motion passed unanimously.

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

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

Kathleen Pearson, Planning Board Chair, opened the continuation of the public hearing for the 29/31 Downfall Road Common Driveway Special Permit Application at 7:30 p.m.  Lawrence Sturdivant and John Hatch, applicants, were in attendance.

L. Sturdivant told the Board that Hayes Engineering is preparing a revised plan showing realignment of a portion of the common driveway to save some trees near the end of the driveway and to improve the way it meets up with the portion of the drive remaining near Mr. Hatch’s house.  He asked the Board if there were any additional changes to be incorporated and said that the new plan would be provided at the next meeting.  He presented an interim plan which showed a culvert at the location where drainage crossed the driveway on the previous plan and included a flare and roundings at the end of the driveway where it meets Downfall Road.

J. O’Connell noted that the 6” culvert shown was too small and said that it should be no less than 12.”  L. Sturdivant said that he had no problem making that change.

J. Weis observed that there will be an opportunity to regrade in the area where the existing driveway is removed, which may mitigate existing drainage issues.  L. Sturdivant agreed and said that they would take the grade down until they hit ledge.

The Board members noted that comments and concerns that came up at the site walk included rounding at the end of the driveway where it meets the street, the low spot in the driveway, and changes in the layout that are being proposed by the applicants.

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 15, 2012, at 7:30 p.m.  The motion passed unanimously.

The regular meeting was then re-opened.

F.      Proposed Zoning Amendments:

1.      Accessory Apartment By-Law:  Minor changes were discussed and will be incorporated into a revised draft.  It was agreed to recommend that the ZBA be the Special Permit Granting Authority for accessory apartments in detached structures.

2.      Master Table:  Names for the zoning districts were finalized.

3.      Business and Light Industrial District Boundaries:  The Board continued to discuss the proposed new delineation of the district by parcel.  Property owners who will be affected by the change are to be notified.

4.      Flood Zone By-Law and Flood Maps:  Revisions to Newbury’s existing Flood Zone Overlay District by-law have been suggested by DCR and are being reviewed.

5.      Revision to Description of the Commercial Highway District:  M. Taylor noted that language describing the boundaries of the Commercial Highway District in the area of Route 1 should have been deleted from the zoning when the Business and Light Industrial District was established in 2011 and recommended that correction of this error be included with the zoning amendments being proposed for the Annual Town Meeting.

Motion:  A motion was made by L. McCamic and seconded by D. Powell to submit the following proposed zoning amendments to the Board of Selectmen for referral back to the Planning Board for public hearing:

  • Amendments to Newbury’s Zoning By-Law, Article III – Regulations of Use Districts, to reformat uses for all zoning districts into a master Table of Use Regulations
  • Establishment of a new Parker River Marine District, with related use regulations and map revision to show the name change
  • Establishment of a new Light Industrial Byfield District, with related use regulations and map revision to show the name change
  • Renaming of the Business District in Byfield to the Byfield Village Business District, revision of use regulations for the District, and map revision to show the name change
  • Boundary changes to the Business and Light Industrial District and related map revision
  • Correction of the written boundary description for the Commercial Highway District
  • Replacement of the existing Accessory Apartment By-Law with a new Accessory Apartment By-Law
  • Revision of the provisions pertaining to the Flood Zone Overlay District and adoption of the new Flood Insurance Rate Maps
The motion passed unanimously.

On a motion made by L. McCamic and seconded by D. Powell, the meeting was adjourned at 9:22 p.m.

 
Respectfully Submitted,

Martha Taylor
Town Planner