Home ] Zoning Information ]

MARSHFIELD DEVELOPMENT REVIEW BOARD

Approved Minutes of August 3, 2006

 

Board Members present: James Arisman and Tom Daley. Also attending: Planning Commission member Jean Matthew, Zoning Administrator Bob Light, Trevor Tait, and Ron Devincenzi.

 

At 7:10 pm DRB clerk Tom Daley reported to acting Chair James Arisman that Jean Matthew would be sitting as a DRB alternate for the next several meetings, serving in the absence of Gary Wilson.

 

The Board then held an initial meeting with Trevor Tait, who has submitted a new Subdivision application for property he owns with Ellen Cooke on Ennis Hill Road. He wishes to convey a small piece of land to the smaller adjacent parcel that serves as Ellen’s home lot. An accessory building has been erected on Ellen’s lot, without benefit of a Zoning Permit, that is closer to the property line than is allowed under Marshfield’s Zoning Regulations. The purpose of this Subdivision proposal is to bring Ellen’s lot back into compliance with the Regulations.

            After looking over Trevor’s application, the Board felt that his proposal qualifies as a boundary adjustment which, under Section 2010(E) of the Subdivision bylaws, can proceed directly to Final Hearing without the necessity of a Sketch Plan determination. Final Hearing is tentatively set for Thursday, September 7, 2006 at 7:15 pm. The Board reminded Trevor of his obligation to notify each adjoining landowner of this hearing, and to post notice of the hearing along the public road. They also requested that the final survey plan he submits show the setback distances from the proposed new boundary line to the closest existing structures.

 

At 7:30 pm the Board heard from Ron Devincenzi, who is preparing a Subdivision application for his property along Route 2. He wishes to convey the portion of the property that lies on the opposite side of the road from his home. Discussion followed with the Board and Zoning Administrator Bob Light regarding his alternatives, the basic dimensional criteria for building lots under the Zoning Regulations, and the steps involved in the Subdivision hearing process. Realizing he will need the results of his pending land survey before he can properly evaluate his options and proceed to a permit hearing, Ron elected to hold back his application for now. When he’s ready, he will submit the application to the Town Clerk, who will distribute copies to the Board members.

 

At 8:00 pm the Board discussed with Bob the question of how best to treat properties which are divided by a public road — specifically, whether Marshfield should continue to require Subdivision permit approval when landowners want to convey all of the property on one side or the other of that Right-of-Way. Since he has received an opinion from Town Attorney Paul Gillies that indicated this was not advisable, Bob would like the Board to re-examine its position and advise him how they would like to treat these cases from here on. James agreed that the existing difference of opinion on this issue puts Bob in a difficult position. The Board will confer on this matter, review the court cases cited in Paul’s memo, and share their conclusions with Bob at the first opportunity.

 

Brief discussion then followed about the boundaries of the Zoning Districts in various parts of town. At 8:30 James moved to adjourn the DRB meeting. Seconded by Jean, all in favor.

 

                                                                                                Respectfully submitted,

 

                                                                                                Tom Daley

Home ] Zoning Information ]