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MARSHFIELD
DEVELOPMENT REVIEW BOARD
Approved Minutes of
October 6, 2005
Board Members
present: James Arisman, Tom Daley, Jon Groveman, Martin
Johnson, and Gary Wilson. Also attending: Zoning
Administrator Bob Light, Dave Rogers, Craig Chase, Jenny
Warshow, Susan Hand, Anne Reed, Danny Arguetty, Roger
McKeever, Dan Chodorkoff, Charlotte Potok, Michael
Schumacher, Thad Gouge, Rich Gouge, and Ron Gouge.
At 7:10 pm the
Board met with Dave Rogers, who described his most
recent plans for the property beside his home lot on
Route 2 in Marshfield Village. He had received approval
from the DRB for a 3 lot subdivision of the property,
but to date has been unable to fulfill the DRB’s
requirements concerning legal access to lot C. At the
time of the subdivision proposal the property was owned
by Dave and his siblings, as part of the estate of the
late Sidney Rogers. He has now purchased the property
outright, and would like to modify the subdivision to
produce just 2 lots: one lot on Route 2 of approximately
25,000 square feet, containing the three existing
residences, and a second consisting of the remaining 8+
acres, to be accessed through Dave’s adjacent home lot.
The
Board told Dave that such a change would require a new
subdivision application, and a modified plat drawing
depicting the lot lines and access as he now proposes
it. This would make the zoning status of the property
much clearer for anyone consulting the Town’s records in
the future, and help to avoid potential clouds on the
title. If he submits a new subdivision application
promptly, the Board will issue a Sketch Plan
Determination letter based on tonight’s meeting, and
warn a public hearing on the matter for Thursday
November 3 at 7:15 pm.
At 7:25 pm the
Board opened 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%.
Martin, Gary, and Tom had made a site visit to the
property on October 1, 2005.
The
applicants were represented at hearing by Craig Chase,
an engineer they hired to draw up the septic plans.
Following a brief discussion, Martin proposed that the
DRB hire an engineer to provide an outside assessment of
the suitability of the proposed septic design for that
site. Bob confirmed that there is money in the Town’s
zoning budget to hire such outside consultants. Jon
moved to authorize Martin to engage an engineer to
inspect the site on behalf of the Town, and to inform
the Town Clerk of the fee. Jon also moved to recess the
hearing until the Board receives the findings of the
consulting engineer. Both motions seconded by James, all
in favor. The Board will share the findings of the
consulting engineer with Craig (as agent for the
applicants), and inform him how and when the hearing
will be resumed. Hearing recessed at 7:40 pm.
At 7:45 the Board
opened public hearing on the Subdivision application of
Danielle LaFleur Brooks and Susan Hand. Susan presented
the Board with a survey drawing of a triangular piece of
land of .07 acres that she and Danielle wish to convey
to adjoining landowner Anne Reed. The purpose of the
conveyance is simply to provide Anne’s parcel with some
additional setback distance from the home to the
property line. The Board advised Susan and Anne that
they had no objection to the proposal, but that they
would probably require that the land to be conveyed be
legally merged with Anne’s property, to avoid
inadvertant creation of a new sub-standard lot. Tom will
issue a written approval.
At 7:55 pm the
Board opened public hearing on the Conditional Use
application of Daniel Arguetty and Roger McKeever to
operated an educational/spiritual center on the property
now owned by the Institute for Social Ecology on Maple
Hill Road. The applicants described the type of classes
and events they wish to host on the property, and the
numbers of people they expect to attend, some of whom
would stay onsite for a few days at a time. Dan
Chodorkoff, who operated the ISE on this property for
many years, described the activities proposed as very
similar to those conducted by the Institute, though
rather more modest in scale. Jon informed the applicants
that, as part of any Conditional Use approval, the Board
would seek to include some upper limits on the numbers
of people, cars, etc. using the property for the
permitted activities, and asked whether they were
comfortable being bound by the numbers they were
presenting tonight. They responded that they would
prefer to enjoy a level of permission comparable to that
granted to the ISE before them. They did not have any
specifics, however, on just what permits were held by
the ISE for this property, or what limitations may be
contained therein.
The
Board felt that, if the applicants wished the Board to
consider the existing zoning status of the property in
their deliberations on this matter, the applicants
should provide the Board with an outline of what
permissions exist for the property today. Both Dan and
Bob offered their respective assistance for this task.
At 8:20 the Board recessed the hearing until Thursday,
November 3 at 7:45 pm. The applicants have until Friday,
October 14 to provide whatever additional information
they wish the Board to have in their consideration of
this matter. Should the Board decide that no further
testimony is needed, they will close the hearing and
issue a decision without re-opening.
At 8:25 the Board
met with Thad Gouge and Michael Schumacher, who have
applied for a 4 lot subdivision of approximately 75
acres on Upper Depot Road. One lot of approximately 2
acres would contain the existing house and outbuildings,
and the remaining 4 acres on that side of the road would
be retained as a hay field. The bulk of the property, on
the other side of the road, would be divided into 2
building lots. The applicants stated that they would
prefer to make the lot with the existing house somewhat
smaller — about 1.6 acres — in order to draw the
property boundary along a stone wall of long standing
and not encroach on the hayfield. Jon replied that the
Board knew of no authority it has to allow creation of a
residential lot of less than 2 acres in the Agricultural
and Rural Residential zoning district, and that the
applicants should bear that in mind in preparing their
survey map for public hearing.
Under
the Town’s Subdivision Regulations, a subdivision of 4
lots is classified as a Major Subdivision, and requires
both a Preliminary and a Final public hearing. The
applicants submitted a written request that the
requirement for a Preliminary public hearing be waived.
The Board granted the request, because this proposal
creates only two new building lots, and involves no new
roads. Public hearing is tentatively scheduled for
Thursday November 3, 2005 at 8:00 pm. The Board will
issue a Sketch Plan determination in the interim.
At 9:05 Tom
reported to the Board a phone call he received from Dan
Mulligan, inquiring how the Christ Covenant Church could
proceed with a revised proposal for a new church
building. The proposal would be identical to that denied
by the Board on August 18, except that the building
would not include a steeple. Tom advised Dan that he
must submit a new Site Plan application, but that he
could do so directly to the DRB. Tom further advised Dan
that he did not think a new fee for Conditional Use
approval would be needed, as the slope issue that
triggers the need for Conditional Use approval had
already been reviewed by the DRB as part of the earlier
proceeding.
Bob
disagreed with this view. He stated that, because the
old application is dead, they must begin the application
process from scratch. In his view, this requires that
they first make application to him for a Zoning Permit,
and he will then refer them to the DRB for Site Plan and
Conditional Use approval. Jon agreed with Bob, saying
that an earlier experience with an appeal brought
against the Town in state Environmental Court underlines
the need to have a specific application procedure, and
to follow it in all cases. He further stated that the
only cost to the Church of doing it this way is that
they would have to file one more piece of paper — which
they would eventually have to file anyway — before
getting their hearing.
Tom
responded that there is no provision in any regulation
requiring that an applicant for Site Plan approval from
the DRB must first make any other applications to the
Zoning Administrator. Imposing such a requirement in a
re-application like this one adds a layer of red tape
with no practical benefit. Furthermore, the Board knows
from its previous review of this project that it will
probably be called on to make a determination of how to
properly calculate building height under the
regulations. Because the decision of the Board on this
question would supercede any contrary view that might be
held by the Zoning Administrator, it would be most
efficient — in terms of time and money — to make this
question part of the Site Plan review.
Jon
replied that evaluating specific dimensional criteria
under the regulations is the job of the Zoning
Administrator. If he determines that the applicants
don’t meet the height requirements, they must file an
Appeal of this determination before the DRB can consider
it.
Jon
moved that the Board find the Site Plan/Conditional Use
application of the Christ Covenant Church not to be
complete until the matter is refered to the Board by the
Zoning Administrator following a new application for a
Zoning Permit. Seconded by James; Jon, James, Martin and
Gary in favor, Tom opposed. The motion carries — Tom
will call Dan Mulligan and inform him of the application
requirement.
At 9:35 the Board
went into closed session to deliberate on the
application of Elmhill, Inc.
At 9:45 pm Jon
moved to accept the minutes of September 1, 2005 as
drafted. Seconded by James, all approved. Martin then
moved to adjourn the DRB meeting. Seconded by James, all
in favor.
Respectfully submitted,
Tom Daley
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