Meeting Minutes
Planning Board
Wednesday, October 3, 2012
Newbury Town Hall
Members Present: Kathleen Pearson, Chair; John O’Connell; David Powell; John Weis
Members Absent: Linda McCamic
Staff Present: Martha Taylor, Town Planner
Chairman Pearson called the meeting to order at 7:05 p.m.
A. Associate Planning Board Seat:
M. Taylor informed the Board that under MGL Chapter 40A, Section 9, five-member Planning Boards are allowed to have only one Associate Member; seven-member Boards are allowed two. A new vote regarding the Associate Member would therefore be required.
Motion: A motion was made by J. O’Connell and seconded by J. Weis to recommend that the Selectmen appoint George Morse as the Planning Board’s Associate Member for a one year term. The motion passed unanimously.
B. Revisions to Stormwater Regulations:
J. O’Connell requested that the Board review and discuss the most recent revisions to the Stormwater Regulations at the next meeting, before he distributes the document to selected engineers and others, including the Stormwater Management Committee, for review and comment.
C. ANR – 53 High Road/1 Little’s Lane Lot Line Change:
Brian Patrican, owner/applicant, appeared before the Board with his attorney, James Kroesser, and his engineer, Matt Steinel of Millennium Engineering, to submit an ANR for a lot line change between 53 High Road and 1 Little’s Lane. M. Steinel presented the plan, noting that the layout of the new lot line had been changed from the version previously seen by the Board to incorporate some vegetative features that the owner would like to maintain. Alan Lipkind, an attorney with Burns & Levinson, representing Historic New England (HNE), stated that HNE’s position is that 1 Little’s Lane has no frontage due to a provision in a Declaration of Restrictions on the property saying that access would be lost if the parcel were further subdivided.
K. Pearson noted that the Board could only act in accordance with Mass. General Law and could not be the arbiter of the meaning of a private agreement. The Board reviewed the Plan and found that it did not constitute a subdivision.
Motion: A motion was made by J. Weis and seconded by D. Powell to endorse as Approval not Required a plan entitled “Plan of Land in Newbury, MA, Showing a Parcel Conveyance at 53 High Road and 1 Little’s Lane,” dated August 20, 2012, prepared by Millennium Engineering for Brian Patrican, with the understanding that the Planning Board’s endorsement of this plan pursuant to G.L. c. 41, § 81P, is not to be construed as any decision by the Board pertaining to the validity and/or terms or effect of the covenant recorded in Book 23131, Page 551 of the Essex South Registry of Deeds regarding the parcels shown hereon, or of the Applicants’ conduct in relation thereto. The motion passed unanimously.
D. Historical Commission re. Demolition Delay By-Law:
Chris Drelich and Bill Towne, members of Newbury’s Historical Commission, appeared before the Board to discuss the possibility of developing a Demolition Delay By-Law for the Town. The Board members expressed their support. The Commission will move forward with preparing a draft.
E. Wilshire Road/24-28 Rolfes Lane Subdivision – Stormwater Management System Redesign:
Steve Sawyer of DCI Consultants appeared before the Board to discuss the latest revisions to the stormwater management system redesign. He is proposing to use an underground infiltration unit in lieu of the previous proposal. The collector will be located in a low spot in Open Space Parcel #9 – the area will be graded to it. He noted that the drainage areas have not changed – the new design just swaps one system for another. The Board’s review engineer has voiced concern about some aspects of the design and calculations; these still need to be addressed.
F. #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 Fire Chief visited the site and submitted a letter to the Board requesting that the cul-de-sac be expanded to accommodate his fire apparatus. The Board concluded that: 1) the approval period for the subdivision has run out, 2) the road has technically not been constructed and approved and does not meet the Town’s current roadway requirements, and 3) in order to be approved, the road will need to go through a new subdivision process. Because no new lots will be created, the Board agreed to waive the fee for the number of lots ($500/lot) if a definitive subdivision application is submitted.
Motion: A motion was made by J. Weis and seconded by J. O’Connell to charge only the base application fee of $2,000.00 and to waive the $500/lot fee if Ms. Tucker chooses to submit a new definitive subdivision plan.
The Board members agreed that she should have an existing conditions survey done by an engineer before proceeding with any design. The Board members also expressed concern about stormwater run-off and site lines and loose gravel at the end of the road. M. Taylor will follow up with a letter to Ms. Tucker.
G. Caldwell Farm Trail:
D. Powell reported on follow up that he has done concerning the public trail in the Caldwell Farm OSRD.
H. Marsh Meadow Subdivision:
The Conservation Restriction was discussed; the Board had no further comments.
Motion: A motion was made by D. Powell and seconded by J. O’Connell to approve the Conservation Restriction pending Town Counsel review and to recommend that it be presented to the Conservation Commission and the Board of Selectmen for acceptance. The motion passed unanimously.
The Board then discussed the Preservation Restriction and the inconsistencies in the OSRD Special Permit Decision. D. Powell noted that Marshall Jespersen is in agreement with putting a 50-year renewable Building Restriction on the house in lieu of a Preservation Restriction.
Motion: A motion was made by D. Powell and seconded by J. O’Connell to accept the proposed changes to the Preservation Restriction pending resolution of changes that will need to be made to the OSRD Special Permit. The motion passed unanimously.
M. Taylor and D. Powell will meet with Town Counsel to discuss the procedure for amending the OSRD Special Permit.
I. 101 Newburyport Turnpike SPR:
It was suggested that a meeting be set up between the design engineer and the review engineer to resolve outstanding issues regarding soil conditions on the site and the design of the stormwater management system.
J. Wilshire Road/24-28 Rolfes Lane Subdivision:
D. Powell distributed information regarding endowments for OSRD open space areas and will review with the Town Administrator to determine the best mechanism for setting up the endowment.
On a motion made by J. O’Connell and seconded by D. Powell, the meeting was adjourned at 10:05 p.m.
Respectfully Submitted,
Martha Taylor
Town Planner
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