MARSHFIELD DEVELOPMENT REVIEW BOARD

Approved Minutes of November 30, 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, Weston Cate III, William Fitzpatrick, Kathleen Hayes, Wayne Kowalski, Terri Weinstein, Bob Weinstein, Annie Reed of the Marshfield Conservation Commission, and Daphne Larkin of the Times Argus.

At 7:05 pm the Board re-opened Final Plan hearing for the subdivision application of Gruss and Co., proposing to create and sell 8 new building lots along Laird Pond Road. This hearing had been continued from October 19, 2006. Speaking for the Applicants, Scott Prosser reported that he had had email exchanges and a conference phone call with several of the adjoining landowners, discussing further their concerns about the project. He thanked all of the local residents for the courtesy and respect they have shown him throughout this application process, even though many of them had strong objections to his development proposal. He then distributed a new written summary of the main points which he feels justify approval of this application, and made a brief oral presentation of each point. He also introduced an additional concession which he was willing to make to help allay the concerns of the neighboring residents: to include permanent deed restrictions to prevent the removal of trees along the roadway and to require that any exterior lighting be shielded so as not to directly illuminate neighboring lots.

            After brief clarifying questions from the Board, James opened the hearing to questions and comments from those in attendance. Paul Garstki asked the Board to remember all the points made, both written and oral, by the concerned neighbors in earlier sessions. While he concedes that there is nothing “illegal” about this plan, he believes the DRB has a further obligation, under the Town’s bylaws, to uphold the objectives of the Town Plan. This would include the stated goal of avoiding “strip development” and the preservation of rural character. In turn, Jon Anderson — who is acting as land use attorney for the Applicants — took the position that a board of review in zoning matters must restrict its considerations to whether a proposal meets stated restrictions, and offered copies of caselaw that demonstrate how, in his view, courts of appeal have established this standard.

            Bob Weinstein asked Scott if, in the event his subdivision is approved, he will at least offer adjoining landowners first option to buy any lots. Scott promised he would, with the understanding that the lots would be sold “at market price”. Terri Weinstein stated that, while the new lots proposed by the Applicants are similar in acreage to the existing lots in the area, the average road frontage is substantially less. This would make for a greater apparent density of residential use than exists on the road now. Kathleen Hayes noted the Applicants’ offer to provide space on Lot 4 for a dry hydrant, to be fed from Laird Pond, if it was deemed necessary for fire safety in the neighborhood. She urged caution if it was decided to pursue this, as another hydrant installed near Holt Rd had the effect of ruining a “beautiful spot”.

            James called the hearing to a close at 8:20 pm. The Board then went into closed deliberation.

At 9:25 pm James moved to adjourn the DRB meeting (Martin having left earlier). Seconded by Mike, all in favor.

                                                                                                Respectfully submitted,

                                                                                                Tom Daley