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MARSHFIELD DEVELOPMENT REVIEW BOARD MINUTES

Approved Minutes of February 2, 2006

 

Board Members present: James Arisman, Tom Daley, Jon Groveman, Martin Johnson, and Gary Wilson. Also attending: Zoning Administrator Bob Light, Craig Chase, Jenny Warshow, Mike Fritz, Daniel Mulligan, David Mulligan, Timothy Mulligan, Michael Phoenix, Dan Mucherino Jr, Leif Richardson, and Tim Booth.

 

At 7:05 the Board reopened public hearing on the Conditional Use application of Lawrence Babic and Patricia Joslyn. They plan to build a new home on their property on the Clarence George Road, and the septic system and driveway would be sited in an area where the slope exceeds 15%. The public hearing on the application was opened on October 6, 2005, and adjourned temporarily while the Board sought the advice of an expert consultant. The Board received a report from consulting engineer Joel Behrsing on December 1, 2005.

            As at the earlier Hearing, the applicants were represented by Craig Chase, an engineer they hired to draw up the septic plans. Craig began this evening by distributing his written response to Joel’s involvement. In it he expressed his objections to having his work second-guessed, his surprise and displeasure with the scope of Joel’s inquiry, and his response to some of the technical findings and recommendations in Joel’s report. He then expressed some of these same feelings orally to the Board. Jon explained that, in looking for outside help in its review of this application, the Board was carrying out its duties to the Town as best it could, given that the Board itself is made up of lay volunteers, and this project presents rather technical questions. Further, the Town has learned the hard way that it cannot rely entirely on the oversight of the State’s engineers in matters of proposed septic installations. Craig went over the points addressed in Joel’s report, and stressed that Joel generally agreed that the proposed plans were within the State’s regulations and standards.

            Some discussion followed regarding the slope of the driveway that accesses the site. Zoning Administrator Bob Light pointed out that the driveway accessing the proposed construction site from the road is a pre-existing access, and thus — in his opinion — not part of the “development area” under review. The Hearing was closed at 7:30 pm.

 

At 7:35 pm the Board reopened public hearing on the Site Plan/Conditional Use application of Christ Covenant Church. The hearing had been continued from January 5, 2006, so that the Board could make a visit to the site of the proposed construction and regrading. Daniel Mulligan, speaking for the Church, resumed his description of the outstanding features of their plans for the site. He responded directly to some questions that had been raised earlier in the process, included a comparison of the elevation of the proposed church building to that of the existing church. He also shared some details of the lighting choices they were making for the building. Discussion followed between the Board and the Mulligans on the details of the lighting that might be employed throughout the site, and the Church’s responsibility to protect the surrounding area from erosion and runoff both during and after construction. In response to various questions about the impact of their use of the property after permit approval, David Mulligan emphasized that, although their facilities would be greatly enlarged, the use of the property would not suddenly increase — they were merely trying to accommodate the natural enlargement of their congregation since they first purchased the property in 1984.

            Jon reminded the Applicants that the Board was still in deliberation on their Appeal, which would decide the narrow issue of whether the height of the planned church building would exceed the Town’s height limit for buildings in the Village zoning district. Should that question be decided in favor of the Church, the Board will go on to make a decision on the Site Plan/Conditional Use application. He then called the Hearing to a close at 8:40 pm.

 

Bob then informed the Board of two questions that had come his way which may become matters before the DRB. In 2003, Albert St. Cyr had received a Conditional Use and Site Plan permit for a commercial garage on property he owns on Hollister Hill Road. He never built the garage, but is now asking Bob if he can receive a permit to build a garage on the property “for personal use.” Some discussion followed on what is included in the general term “accessory use” under the Zoning Regulations. Ultimately, Bob decided to remind Albert that he already has DRB approval for a garage, and can receive a Zoning Permit to build it whenever he likes. How he represents the construction to State regulators will be up to him. Bob also told the Board that he expects the Scribners, owners of the Starch Factory complex, will be applying to install a canopy over their gas pumps. This may take the form of a Variance request, as the gas pumps are set back less than 45 feet from Route 2.

 

At 9:00 the Board went into closed session to select a deliberation date for the Babic and Christ Covenant Church applications. Returning to the record, Jon announced that he had informed the Select Board of his intention to resign from the Development Review Board. It was a reluctant decision, made necessary by the demands of his job. He will remain on the Board until a replacement is appointed, and both he and the Select Board are trying to find a suitable candidate.

 

At 9:10 pm Jon offered an addition to the minutes of January 5. Jon then moved to accept the minutes of January 5, 2006 as amended, seconded by James, all in favor. Martin then moved to adjourn the DRB meeting. Seconded by Gary, all in favor.

 

                                                                                                Respectfully submitted,

                                                                                                Tom Daley

 

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