Meeting Minutes
Planning Board
Wednesday, April 4, 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. Colby Lane – Road Acceptance Request:
The Board discussed the letter received from the Fire Chief requesting that “No Parking” signs be installed along Colby Lane if it is accepted by the Town as a public way in order to ensure clear access to all the homes for emergency vehicles. Tom Freund, Trustee for the Colby Village Condominium Association, said that the residents’ preference would be to restrict parking only at the circle if possible. M. Taylor will arrange a meeting on site with the Fire Chief and the DPW Director to discuss number and location of signs.
At 7:30 p.m. the regular meeting was closed in order to open the continuation of the Public Hearing regarding the zoning amendments being proposed for the Annual Town Meeting.
B. Public Hearing Continuation – Proposed Zoning Amendments for the Annual Town Meeting:
At 7:30 p.m., Kathleen Pearson, Chair, opened the continuation of the public hearing regarding the zoning amendments being proposed for inclusion on the Warrant for the May 2012 Annual Town Meeting and summarized the discussion that took place at the first session. M. Taylor read the list of possible changes to the Use Regulations that the Board had discussed at the end of the first session, including correction of several errors:
- Change the use listed as “Offices for general construction, landscaping, or similar contractors….” from P to NP in the Residential-Agricultural District to correct an error in the current version of the table.
- Delete the use listed as “Lodging House” from the table altogether; the Board had previously agreed to delete this use and it was included in error.
- Designate Churches and U. S. Post Offices as permitted uses in all districts.
- Revise the definition of “Light Manufacturing” to omit the portion of the definition that refers to operations that create a nuisance or hazard.
- Delete the words “which are open to view from a public right of way” from the definition of “Open Storage.”
- Change “Hotels and Motels” from SP to NP in the Light Industrial Byfield District, since the size of the district could not support a use of that density.
Steve St. Arnault, 54 Central Street, inquired about the possible change to the definition of “Open Storage.” The Board discussed and decided to leave the definition as written, with no deletion of language. The Board agreed that the other changes should be made.
M. Taylor passed on to the Board Town Counsel’s comments regarding the prohibition of agricultural uses in some districts; zoning cannot prohibit or restrict agricultural activities that are allowed under Mass. General Law, Chapter 40A, Section 3. The Board discussed the fact that there are no parcels large enough in certain districts to qualify for the agricultural exemption and that the intent was to reinforce business uses in those districts. It was suggested that an appropriate note be placed at the end of the Table referencing Mass. General Law.
S. St. Arnault then asked about the apparent duplication of uses regarding open storage in the Table. K. Pearson said that the Board members had discussed this and felt that the listed uses were separate and distinct, so should all remain.
K. Pearson asked whether there were any further comments or questions from the Board or the public. There being none, she called for a motion to close the public hearing.
Motion: A motion was made by J. Weis and seconded by J. O’Connell to close the public hearing regarding the proposed zoning amendments. The motion passed unanimously.
The regular meeting was reopened.
Motion: A motion was made by J. Weis and seconded by J. O’Connell to recommend the proposed zoning articles as amended to the Selectmen for inclusion on the Warrant for the May 2012 Annual Town Meeting.
C. Subdivision Rules and Regulations Update:
The Board will resume work on the revisions to the Subdivision Rules and Regulations. It was agreed that a section on minor subdivisions should be included; M. Taylor will research what provisions other communities have for subdivisions consisting of only two or three lots.
On a motion made by J. Weis and seconded by J. O’Connell, the meeting was adjourned at 8:12 p.m.
Respectfully Submitted,
Martha Taylor
Town Planner
| 
