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Planning Board
December 22, 2015
Approved January 19, 2016
Members Present: Bruce Healey, Chair; Ron Williams, Bill Weiler, Bob Caia, Deane Geddes, Members; Russell Smith, Ex-officio Member; Mike McCrory, Advisor.
Mr. Healey called the meeting to order at 6:04 p.m.
Mr. Healey welcomed to the meeting John Greenwood, Code Enforcement Officer (CEO), Katheryn Holmes, chair, Newbury Conservation Commission (NCC), and Peter Fichter, chair, Zoning Board of Adjustment (ZBA).
Mr. Healey noted that this meeting will be devoted to review the proposed amendments to the Newbury Zoning Ordinance.
Ms. Holmes noted that the NCC concerns pertain to Articles 7 & 8 of the ordinance. She said concerns still exist regarding stormwater regulations and added that she would like to see a watershed ordinance. Also, she requested that the inclusion of maps in Article 7 showing conservation overlay areas.
It was noted that the recommendations submitted on December 13, 2015 by Ms. Holmes were thoroughly reviewed by the PB and incorporated into the proposed amendment language wherever possible.
Mr. Healey noted that there are 20-25 proposed amendments which will be categorized into six warrant articles. He said a public hearing will be scheduled followed by PB finalization of the proposed amendments.
Proposed Amendments Review
- The PB reviewed the amendments to Article 7 Shoreland Overlay District, Section 7.7 Waterfront Buffer, Paragraphs 7.7.2.2, 7.7.2.2.1, and 7.7.2.2.2 (regarding disturbance to groundcover, removal of rocks and stumps, and tree cutting methods, etc.).
There being no further discussion by the Board, Mr. Healey called for a Motion to Vote.
Mr. Smith made a motion to accept as amended. Mr. Caia seconded the motion. All in favor.
- The PB reviewed Article 2 Definitions, Section 2.87 Mechanical Timber Harvesting (regarding a new definition, etc.).
There being no further discussion by the Board, Mr. Healey called for a Motion to Vote.
Mr. Caia made a motion to accept as presented. Mr. Smith seconded the motion. All in favor.
- The PB reviewed the amendment to Article 7 Shoreland Overlay District, Section 7.7 Waterfront Buffer, Paragraph 7.7.2.5 (regarding mechanical timber harvesting, etc.)
There being no further discussion by the Board, Mr. Healey called for a Motion to Vote.
Mr. Caia made a motion to accept as amended. Mr. Smith seconded the motion. All in favor.
- The PB reviewed the amendments to Article 7 Shoreland Overlay District, Section 7.7 Waterfront Buffer, Paragraph 7.7.3.1 (regarding trimming, pruning, and thinning, etc.).
There being no further discussion by the Board, Mr. Healey called for a Motion to Vote.
Mr. Caia made a motion to accept as amended. Mr. Smith seconded the motion. All in favor.
- The PB reviewed the amendment to Article 7 Shoreland Overlay District, Section 7.8 Natural Woodland Buffer, Paragraph 7.8.2.2 (regarding dead, diseased or unsafe trees, etc.).
There being no further discussion by the Board, Mr. Healey called for a Motion to Vote.
Mr. Smith made a motion to accept as amended. Mr. Caia seconded the motion. All in favor.
- The PB reviewed the amendments to Article 7 Shoreland Overlay District, Section 7.8 Natural Woodland Buffer, Paragraph 7.8.2.5 (regarding trimming, pruning, topping of trees, etc.).
There being no further discussion by the Board, Mr. Healey called for a Motion to Vote.
Mr. Caia made a motion to accept as amended. Mr. Smith seconded the motion. All in favor.
- The PB reviewed the amendments to Article 8 Wetlands Conservation Overlay District, Section 8.4 Uses Permitted in a Wetland.
There being no further discussion by the Board, Mr. Healey called for a Motion to Vote.
Mr. Smith made a motion to accept as amended. Mr. Caia seconded the motion. All in favor.
- The PB reviewed the amendments to Article 8 Wetlands Conservation Overlay District, Section 8.5 Wetland Buffer, and Section 8.3 Wetlands Conservation Overlay District Boundaries, Paragraph 8.3.2 (regarding adding the word “lakes”, etc.).
There being no further discussion by the Board, Mr. Healey called for a Motion to Vote.
Mr. Caia made a motion to accept as amended. Mr. Smith seconded the motion. All in favor.
- The PB reviewed the amendments to Article 10 Flood Plain Overlay District, Section 10.9 Watercourses, Paragraph 10.9.1 (regarding riverine situations, etc.).
There being no further discussion by the Board, Mr. Healey called for a Motion to Vote.
Mr. Caia made a motion to accept as amended. Mr. Williams seconded the motion. All in favor.
- The PB reviewed the administrative amendments to Article 16 Board of Adjustment Section 16.2 Powers, and Section 16.11 Rehearings. There was Board consensus that these changes were administrative in nature and not substantive changes.
- The PB reviewed the amendments to Article 17 Personal Wireless Service, Section 17.4 Use Regulations.
There being no further discussion by the Board, Mr. Healey called for a Motion to Vote.
Mr. Caia made a motion to accept as amended. Mr. Smith seconded the motion. All in favor.
- The PB reviewed the amendments to Article 21 Stormwater Management, Section 21.7 Design Standards for Permanent Stormwater Management and Erosion Control.
There was Board consensus that these changes were administrative in nature and not substantive changes.
Mr. Healey noted there were concerns raised regarding the regulations surrounding accessory apartments. He said state legislative action is taking place regarding this topic. He added that there will be a PB sub-committee to look into the matter as the legislation unfolds.
There was further discussion regarding the definitions of the words “permanently”, “temporary”, “building”, “structure”, “sapling”, and “tree”.
There was discussion regarding whether the Board should make a motion to accept all of the administrative changes in the proposed amendments. No decision was reached.
There was Board consensus to schedule a Public Hearing on the proposed amendments on January 13, 2016 at 7:00 p.m. at the town Office.
Mr. Smith made a motion to adjourn. Mr. Weiler seconded the motion. All in favor.
Meeting adjourned at 9:15 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary
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