Meeting Minutes
Joint Meeting – Board of Selectmen and Planning Board
Tuesday, July 10, 2012
Newbury Town Hall
Selectmen Present: Joe Story, Chair; Mike Bulgaris; Chuck Bear; Geof Walker; Dave Mountain
Planning Board Present: Kathleen Pearson, Chair; John O’Connell; John Weis
Planning Board Absent: Linda McCamic; David Powell
Staff Present: Tracy Blais (part-time); Kathy Sirois; Martha Taylor
The meeting was opened at 6:00 p.m. on a motion by Selectman Bear, seconded by Selectman Bulgaris.
The purpose of the meeting was to review the designations for Special Permit Granting Authority shown on the Table of Use Regulations approved at the May 2012 Town Meeting.
K. Pearson distributed a chart comparing Newbury and its neighboring towns with regard to the number of overall uses listed in the Table of Use Regulations and the number of uses requiring special permits. Newbury is on a par with its neighbors with respect to both the total number of uses and the number of uses by special permit. K. Pearson noted that in most of the municipalities reviewed, special permits are granted by a combination of the Planning Board and the Zoning Board of Appeals. However, based on feedback from the Chair of the ZBA, the Planning Board is not recommending an increase in the number of special permits issued by the ZBA.
K. Pearson then reviewed the criteria that the Planning Board used in designating the Special Permit Granting Authority. The Board of Selectmen is responsible for issuing special permits 1) for uses related to traffic, public health, and public safety, 2) for uses that are unique in a given district, such as non-residential and non-agricultural uses in the Agricultural Residential District and 3) uses related to power generation and water and wastewater systems. The Planning Board is responsible for special permits for uses which also require site plan review and for special permits for uses that don’t trigger the criteria for the Selectmen. The ZBA is responsible for a few select special permits, including wireless communications systems and detached accessory apartments.
J. Story expressed concern about the number of uses requiring special permits and said that things should either be permitted or not, rather than having people go around to various boards.
D. Mountain said that there are really two issues here – what uses should be by special permit and who should be the Special Permit Granting Authority (SPGA). He suggested that the first step should be to agree on the criteria for designating the SPGA – he said he agreed with the criteria established by the Planning Board and commended the Board on developing them. J. Story agreed that everyone should first decide on the criteria.
G. Walker, following up on J. Story’s initial statement, said that he was not a great fan of special permits. D. Mountain said that special permits are for uses that are out of the ordinary.
The group then went over the list of uses allowed by special permit and flagged a number of uses for further review and discussion, including: Sales by vending machines (why are they not permitted in CH and CHA districts); Indoor and outdoor recreation areas and facilities (why are they not permitted in the R-AG district); Museum (why is this not permitted in all districts); Animal daycare (why is this not permitted in the R-AG district); Car wash (all water is recycled now, so there is no discharge); Contractor’s yard (regulations should be less restrictive); Funeral home or mortuary establishments (all hazardous waste is picked up); Municipal and Community Facilities (why should they require special permits at all); offices for general construction; seafood processing and distribution; commercial fishing (what is
the definition).
Discussion then turned to grandfathered uses and whether there were any limitations on them, e.g. when a property changes hands.
K. Pearson said that she would bring all these questions back to the Planning Board for discussion. It was agreed that there should be a follow-up joint meeting between the two boards and that it might be appropriate to wait until the Spring Town Meeting to put any proposed changes regarding special permits on the Warrant.
The meeting was adjourned at 6:58 on a motion by Selectman Bear, seconded by Selectman Walker.
Respectfully Submitted,
Martha Taylor
Town Planner
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