Meeting Minutes
Planning Board
Wednesday, September 19, 2012
Newbury Town Hall
Members Present: Kathleen Pearson, Chair; Linda McCamic; John O’Connell; David Powell; John Weis
Staff Present: Martha Taylor, Town Planner
Chairman Pearson called the meeting to order at 7:02 p.m.
A. Meeting Minutes:
Motion: A motion was made by J. O’Connell and seconded by J. Weis to approve the minutes of September 5, 2012 as written. The motion passed with three in favor (O’Connell, Pearson, and Weis) and two abstentions (McCamic and Powell, who were absent from the September 5 meeting).
B. 24-28 Rolfes Lane/Wilshire Road Subdivision:
Mark DePiero, developer, and Mark Griffin, attorney for the developer, appeared before the Board to discuss the Conservation Restriction and the Homeowners’ Trust Agreement and comments from the Board. Revisions to the documents will be submitted to the Board by September 27 for review prior to the next meeting.
C. Public Hearing – Proposed Zoning Amendments for the October 2012 Special Town Meeting:
At 7:30 p.m. Kathleen Pearson, Chair, opened the public hearing to consider the zoning amendments being proposed by the Planning Board for the October 23, 2012 Special Town Meeting. Linda McCamic, Clerk, read the public notice. Martha Taylor, Town Planner, noted that the public notice had appeared in The Daily News on September 4 and September 11, 2012, had been posted in Town Hall, and had been mailed to abutting towns, MVPC, and DHCD as required under MGL.
K. Pearson then provided background for the changes to the Table of Use Regulations that are being proposed for the Fall Town Meeting and noted that additional, more extensive changes to the Table will be proposed at the Annual Town Meeting in the spring. She explained that “Electric power generation/distribution” was being changed to Special Permit by the Board of Selectmen in all districts. This change is being proposed in order to allow for commercial solar energy generation in the short term while a Large-Scale Solar Array By-Law is being developed.
K. Pearson then reviewed use changes being proposed specifically for the Light Industrial Byfield District (LIB). These include changing “Light Fabrication,” “Machine Shops,” and “Commercial Forestry” to Permitted Uses in that district.
Following her explanation, K. Pearson opened the hearing up to comments and questions from the public.
Jean-Paul Beck, 44 Main Street, spoke in support of the changes, saying that the changes for the LIB that had been approved at the Spring Town Meeting had taken away rights that he had previously and were too restrictive given the existing uses and buildings on his property. The proposed changes were being made to reinstate some uses that were allowed previously and should have no negative impact.
Evelyn Noyes, 5 Downfall Road, asked if the Board could talk a little more about the change to “Electric power generation/distribution.”
To answer the question, K. Pearson first provided some background on the development of the Table of Use Regulations. She explained that for the 2012 Spring Town Meeting the Board had reformatted the existing uses in Newbury’s zoning by-law into a table. The next step will be to review the uses in all districts, which the Board is doing jointly with the Selectmen, and to develop recommendations for changes which will be proposed for the 2013 Spring Town Meeting. “Electric power generation/distribution” is a use that was listed as Not Permitted in most districts because it had not been allowed previously in the existing zoning.
She then said that the change being proposed for the Fall Town Meeting came about because a solar energy company is actively looking at several locations in town for a large scale solar array. Under our current zoning, such an array would not be allowed in any district in town except the Business & Light Industrial. The proposed change will allow a large scale solar array to be approved by Special Permit. If it is on Town-owned property, it will also require Town Meeting approval. E. Noyes then asked why this use would require a Special Permit rather than being allowed by right. K. Pearson said the scale of these types of projects can vary. A solar generation project can be small with a few panels or it could be a large scale like the multi-acre site on Rabbit Rd
in Salisbury. The Special Permit would help the Town to deal with the unknown. J. O’Connell added that electric power generation might not just be solar panels; it could be something like gas peaking turbines. Also, transformers can be very noisy.
M. Taylor said that the change being proposed is intended as a stop-gap to provide a mechanism for approval of a large scale solar project while the Board develops a Large Scale Solar Array By-Law, which will be proposed at the Spring Town Meeting. She added that the owner of 44 Main Street, in the Light Industrial Byfield District (LIB), was also interested in this change to allow for the possibility of using the mill to generate electricity with water at some point.
J.-P. Beck asked why the Special Permit would be issued by the Selectmen. J. O’Connell replied that the Planning Board felt that uses that affect public safety and/or public health or could have a significant impact and/or be a potential nuisance should be under the jurisdiction of the Board of Selectmen.
Mike Bulgaris, 177 Orchard Street, said that he didn’t want to restrict people from availing themselves of alternative energy sources. K. Pearson clarified that this was intended to lessen restrictions on alternative energy sources. J. Weis noted that solar panels on residential structures are considered an accessory use and do not require special permits.
Linda Allen, 103 Central Street, noted that the legal ad had made it appear that sweeping changes were being proposed and asked for confirmation that the majority of the changes applied only to Jean-Paul Beck’s property. The Board confirmed that the majority of the changes were in the Light Industrial Byfield district; only the change to “Electric power generation/distribution” applied to all districts.
There being no further comments or questions, the Chair asked for a motion to close the public hearing.
Motion: A motion was made by J. Weis and seconded by D. Powell to close the public hearing on the zoning amendments being proposed for the October 2012 Special Town Meeting. The motion passed unanimously.
Motion: A motion was made by L. McCamic and seconded by J. Weis to recommend the proposed zoning changes to the Board of Selectmen for inclusion on the Warrant for the October 2012 Special Town Meeting. The motion passed unanimously.
D. Public Hearing – Site Plan Review for 101 Newburyport Turnpike, ERA Equipment:
Kathleen Pearson, Chair, opened the public hearing to consider the Site Plan Review application of ERA Equipment/Angelo Ciardiello for a proposed contractor’s building at 101 Newburyport Turnpike (Route 1). Linda McCamic read the public notice. Appearing before the Board were Angelo Ciardiello of ERA Equipment applicant, and Alan Roscoe of Hancock Engineering, design engineer for the project. Mr. Roscoe provided proof of mailing and publication of the legal ad in The Daily News.
A. Roscoe presented the project on behalf of the applicant, a site contractor who is proposing to build a commercial building at the corner of Sled Road and Route 1 on the portion of the site that is not occupied by the existing cell tower. The building will be the company headquarters for ERA Equipment and will contain offices for the staff and vehicle bays for equipment. Some of the bays may be rented out in the future. The property will allow Mr. Ciardiello to consolidate all his operations and equipment on one site – currently his offices are located in Ipswich and his equipment is operating out of Newbury. The building will be faced with brick on three sides. Overhead doors will be provided for all the vehicle bays.
Development on the site will be limited. The buildable area is surrounded by wetlands, the ACEC, and the floodplain and is very environmentally sensitive – the intent is to protect these resources and not overdesign. On-site drainage and septic systems will be designed to minimize impact on the wetlands.
John Weis asked if there was anything in Mr. Roscoe’s written response to the letter from the Board’s peer review engineer that he would like to go over. A. Roscoe said that he agreed with 80% of the review comments. He took exception to the suggestion that the work on Sled Road might need to go through the Definitive Subdivision process, since the access road is designed as a driveway on a Town-owned road and no new lots or ways are being created. J. O’Connell suggested getting input from Town Counsel on this. K. Pearson stated that the Board would expect the improvements to meet the Town’s roadway standards. J. Weis asked how long the paving on Sled Road would be. A. Roscoe replied 100 feet.
J. O’Connell noted that the DEP had raised an issue with the exit of the stormwater from the drainage system. A. Roscoe said that Hancock will revise the drawings and resubmit.
M. Taylor pointed out that the notes regarding elevations and the FIRM maps should be revised to reference the new FIRM maps which went into effect on July 3, 2012 and NAVD 1988. A. Roscoe said that this will be addressed.
A. Roscoe said that soil evaluation has been done across the site. The design uses as much of the site as possible for infiltration.
J. Weis asked when Mr. Ciardiello would like to break ground if everything goes well. A. Ciardiello replied that he would like to start in November. A. Roscoe added that the P & S has already been extended.
J. O’Connell noted that a special Conservation Commission meeting had been scheduled to act on the Notice of Intent.
K. Pearson then opened the hearing up to comments and questions from the public.
Geof Walker, 173 High Road, asked if the applicant was on the agenda for a Selectmen’s meeting to discuss the work proposed on Sled Road and what the submittal said. A. Roscoe replied that they had two questions regarding the road: 1) Since work is being performed on a Town-owned right-of-way, should the Town sign-on as co-applicant to the Notice of Intent or draw up an agreement with the applicant? 2) Does the Definitive Subdivision process need to be followed?
J. O’Connell said that the review engineer brought up an interesting point regarding the work on the road, but the road already exists and belongs to the Town, so the Subdivision process does not seem appropriate. D. Powell agreed that the Subdivision process doesn’t apply, since the site already has frontage on two roads. K. Pearson asked who might utilize the road in the future and whether there is likely to be further development down Sled Road. M. Taylor asked whether the engineer had the layout for the right-of-way for Sled Road.
A. Roscoe said that he expects to have additional information and revisions to the drawings in time for the Board’s meeting on October 17.
Motion: A motion was made by J. O’Connell and seconded by L. McCamic to continue the public hearing regarding the Site Plan Review application for 101 Newburyport Turnpike to October 17, 2012, at 7:30 p.m. The motion passed unanimously.
E. #21 Main Street/Olde Barn Lane Subdivision:
The Board further discussed Heidi Anderson Tucker’s query about what needs to be done to Olde Barn Lane prior to selling Lot 3. The Board has been told that the road was constructed, but there is no written documentation and nothing was recorded releasing the covenant noted on the Definitive Plan. The Board questioned whether it can approve the layout that was approved in 1986 or whether it needs to require that the road be brought up to current standards. K. Pearson will request that the Fire Chief inspect the road and advise the Board whether the dimensions meet the requirements for access by his fire apparatus.
F. Caldwell Farm Trail:
D. Powell volunteered to work with Dina Sullivan and the Town’s Conservation Agent to determine what needs to be done to move forward with construction of a trail within the trail easement area.
G. Marsh Meadow Subdivision:
The Board discussed the draft Preservation Restriction on the existing farmhouse and barn and the options of a Restriction in perpetuity or a 50 year renewable Building Restriction. M. Taylor and D. Powell will follow up.
H. Associate Planning Board Seat:
K. Pearson summarized that the Board had interviewed four candidates for the Associate Member position. The Board felt that all four had valuable experience to offer the Board, but agreed that two of the candidates, George Morse and Eric Svahn, had particularly relevant qualifications. It was suggested that the Board recommend both candidates to the Selectmen for appointment if there is nothing in Mass. General Law prohibiting two Associate Members. M. Taylor is to follow up with Town Counsel.
Motion: A motion was made by J. Weis and seconded by J. O’Connell for the Planning Board to recommend that the Board of Selectmen appoint both George Morse and Eric Svahn as Associate Planning Board members if Town Counsel advises that the Board is allowed to have two Associates. The motion passed unanimously.
I. Proposed Joint Meeting:
K. Pearson proposed setting up a meeting with the Selectmen, Assessors, and the Finance Committee to discuss what the Town can do collectively and collaboratively to increase the tax base. The discussion will help inform future changes to the Table of Use Regulations.
On a motion made by J. Weis and seconded by L. McCamic, the meeting was adjourned at 10:00 p.m.
Respectfully Submitted,
Martha Taylor
Town Planner
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