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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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