MARSHFIELD DEVELOPMENT REVIEW BOARD

Approved Minutes of October 19, 2006

Board Members present: James Arisman, Paul Brierre, Tom Daley, Martin Johnson, and Mike Fritz (designated alternate). Also attending: Zoning Administrator Bob Light, Scott Prosser, Brad Washburn, Jon Anderson, Judith Aiken, Rich Aiken, Allen Banbury, William Fitzpatrick, Arthur Gilman, Patty Morgan, Fred Wilber, Karen Murray, Tom Pearson, Sandra Pearson, Dennis Robertson, Terri Weinstein, Bob Weinstein, and Daphne Larkin of the Times Argus.

At 7:10 pm the Board opened Final Plan hearing for the subdivision application of Gruss and Co., who propose to create and sell 8 new building lots along Laird Pond Road. Tom reported that he had had some phone calls from adjoining landowners complaining that they had received insufficient notice of this hearing, and recommended that the Board deal with that issue at the outset. Rich Aiken stated that he had only received his notice about 8 days ago, rather than the 15 days required by statute, and that he objected to going forward because he did not feel he had adequate time to prepare. He also read a letter from Paul and Donna Garstki, stating that they could not attend this evening and objecting to proceeding with the hearing for this reason. Scott Prosser, acting as the Applicant in this matter, stated that his tardiness in getting out the written notification letters was the result of his unfamiliarity with the process, and the fact that he first learned of the date the Board had set via a telephone message. He had called Tom to warn him that the notices would be going out late. Tom confirmed this, stating that he did not feel authorized to unilaterally postpone the hearing at that time, and that in any case he felt the notice as issued fell well within the “reasonable efforts” provision of the state statute, particularly since this was a continuation of an ongoing review. He suggested the Board continue with the hearing, while allowing extra time for anyone who wished to make a written submission prior to reaching a decision on the matter. Martin expressed his concern that, if we proceeded without the full notice required by law, the Town would be vulnerable to an appeal. James modified Tom’s proposal, suggesting the Board continue with the matter now, with the understanding that after adjourning for the evening it would set a date to reopen for further public comment. The Board accepted this proposal by a vote of 4 to 1 (with Martin voting no).

            James then admitted into the record a number of written submissions. The Applicants had prepared a packet of material, summarizing the merits — as they saw them — of their development proposal, and addressing the concerns noted in the Board’s Preliminary Plan Approval, dated September 6, 2006. A group of “Concerned Residents of Laird Pond Road” submitted a letter taking the DRB to task for failing to live up to its duties under the Subdivision bylaws. Rich Aiken submitted an (unsigned) memorandum outlining his objections to many of the findings in the Board’s Preliminary Plan Approval. And the Marshfield Select Board had sent a brief letter to the DRB urging them to remain attentive to issues of drainage and curb cuts as they review the proposal. 

            The Board then asked Scott to present the substance of his written submission regarding various aspects of the subdivision plan, and to field questions about it. This was followed by a round of questions and comments from those in attendance. Many felt that Scott’s presentation revealed an incomplete understanding of the virtues of life in their rural neighborhood, and expressed their concern that the addition of 8 new homes in the area would permanently change things for the worse.

            At 9:25 pm the Board adjourned the Hearing for the evening. Public Hearing on this matter will reopen on Thursday, November 30 at 7:00 pm. In order to be thorough, Scott has agreed to issue written notice of this hearing date to the adjoining landowners.

The Board then held a brief discussion on the extent to which they should encourage and entertain written submission in applications of this kind.

At 9:45 pm Martin moved to adjourn the DRB meeting. Seconded by James, all in favor.

                                                                                                Respectfully submitted,

                                                                                                Tom Daley