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Joint Planning Board, Planning & Development Committee, and Committee of the Whole Meeting

Event Date: 
Wednesday, April 4, 2018 - 7:00pm

Address

City Council Chambers
60 Pleasant Street
Newburyport, MA 01950
United States
See map: Google Maps
CITY OF NEWBURYPORT
NOTICE OF JOINT PUBLIC HEARING
PLANNING BOARD AND
CITY COUNCIL PLANNING & DEVELOPMENT COMMITTEE
 
Notice is hereby given pursuant to Massachusetts General Laws Chapter 40A, Section 5 (The Zoning Act) and the Newburyport Zoning Ordinance, Section XXII-B (Adoption and Amendment), that the Newburyport Planning Board and City Council (acting through its Planning & Development Committee) will hold a Joint Public Hearing on Wednesday, April 4, 2018 at 7:00 p.m. in the City Council Chambers at Newburyport City Hall, 60 Pleasant Street, Newburyport, MA 01950.
 
The purpose of this Public Hearing is to present, and hear testimony and comment from interested persons relative to, proposed amendments and additions to the Zoning Ordinance for the City of Newburyport, said amendments being submitted to the City Council for consideration on March 12, 2018.  After the Public Hearing the Planning Board and Planning & Development Committee will, as required by law, vote its recommendations on each proposal and report them back to the full City Council.
 
There are two (2) proposed ordinance amendments.  A summary is provided below.  Copies of the full text of such ordinances and maps thereof are available for review by interested parties in the Offices of the City Clerk and Office of Planning & Development (City Hall, 60 Pleasant Street, Newburyport, MA 01950) during regular business hours.  Questions regarding these ordinances may be directed to the Director of Planning & Development, Andrew R. Port, at (978) 465-4400 x 1.
 
Summary of Proposed Zoning Ordinance Amendments:
 
A:  Amend the Newburyport Zoning Ordinance under Section III-C (entitled “Zoning map”) and Section III-D (entitled “Changes to zoning map”), such that all of the following properties, as depicted on a map prepared by the Newburyport Office of Planning & Development, dated March 6, 2018 and entitled “Low Street Agricultural Zoning Map Change” are included within the Agricultural / Conservation (A/C) Zoning District:
 
  1. 251 Low Street (Assessors Map 98 Lot 23);
  2. Low Street (Assessors Map 98 Lot 22);
  3. 9 Crow Lane (Assessors Map 97 Lot 17);
  4. 7 Colby Farm Road [formerly Crow Lane] (Assessors Map 97 Lot 15-A);
  5. 5 Colby Farm Road [formerly Crow Lane] (Assessors Map 97 Lot 15-B);
  6. 3 Colby Farm Road [formerly Crow Lane] (Assessors Map 97 Lot 15-C);
  7. 183 Low Street (Assessors Map 97 Lot 15-D);
  8. 181 Low Street (Assessors Map 97 Lot 16-X);
  9. 179 Low Street (Assessors Map 97 Lot 14);
  10. 159 Low Street (Assessors Map 97 Lot 22);
  11. 155 Low Street Rear (Assessors Map 97 Lot 10);
  12. 21 Colby Farm Road [formerly Crow Lane] (Assessors Map 97 Lot 18);
  13. 23 Colby Farm Road [formerly Crow Lane] (Assessors Map 96 Lot 1);
  14. 30 Colby Farm Road [formerly Crow Lane] (Assessors Map 98 Lot 3-A);
  15. Colby Farm Road [formerly Crow Lane] (Assessors Map 99 Lot 3);
  16. Colby Farm Road [formerly Crow Lane] (Assessors Map 99 Lot 3-C);
  17. Colby Farm Road [formerly Crow Lane] (Assessors Map 99 Lot 1);
  18. 79 Storey Ave Rear (Assessors Map 109 Lot 3-B);
  19. 25 Colby Farm Road [formerly Crow Lane] (Assessors Map 94 Lot 2); and
  20. Colby Farm Road [formerly Crow Lane] (Assessors Map 95 Lot 1);
  21. 48 Hale Street (Assessors Map 96 Lot 181-A);
 
B:   Amend the Newburyport Zoning Ordinance Section VI-B, entitled “Lot areas” by adding the following new subsections and requirements thereunder:
 
D.        Required Contiguous Upland
 
Regardless of actual lot size, at least 80% of the minimum lot area required for the applicable zoning district(s) shall be provided in contiguous uplands.  Uplands, as used in this section, shall include all portions of the subject lot(s) except for wetlands or buffer zones, as defined in subsection VI-B(E).
 
E.         Required Lot Area Shall Exclude Wetlands & Buffer Zones
 
Notwithstanding any provision within this Ordinance to the contrary, the required lot size and area calculations in all residential zoning districts shall not include any portion of the land or property in question which is located within wetlands or buffer zones. For interpretation and application of this requirement, the location and extent of wetlands and buffer zones (and conversely, of uplands) shall be based upon a current wetlands delineation plan approved by the Newburyport Conservation Commission in accordance with the Massachusetts Wetlands Protection Act (MGL Chapter 131, Section 40) and/or local Wetlands Protection Ordinance (Article II of the City of Newburyport Code of Ordinances).
 
F.         Documentation Required to Ensure Compliance
 
Applicants shall be required to submit documentation supporting applicable lot area calculations on any plans submitted to the City of Newburyport Building Department, Office of Planning & Development, Planning Board and/or Zoning Board of Appeals when any portion of the property or land in question is located within such wetlands or buffer zones, as defined therein.
 
NEWBURYPORT PLANNING BOARD
Bonnie Sontag, Chair                                                                                                                                                  
Published 3/15/18 and 3/22/18 in the Newburyport Daily News
 
PDF icon low_street_agricultural.pdf