The mission of the Town of Duxbury is to deliver excellent services to the community in the most fiscally responsible and innovative manner while endeavoring to broaden our sense of community and preserve the unique character of our town.
Minutes 2/2/04
The Planning Board met in the Town Office Building Monday, February 2, 2004.
Present: Peter Donahue, Chairman; Amy MacNab, Clerk; Aboud Al-Zaim, James Kimball, Angela Scieszka, George Wadsworth and Rob Wilson.
Absent: No members were absent.
Staff: Christine Stickney, Planning Director and Barbara Ripley, Administrative Assistant.
The meeting was called to order at 7:30 PM.
OPEN FORUM
Ms. Scieszka: Extended a welcome to interim member, James Kimball.
Mr. Wilson: Described progress on efforts by various organizations to preserve the O’Neil farm as Town land.
Mr. Donahue: Took direct exception to comments made by Mr. Shawn Dahlen about Planning Board action on the special permit recommendation for the Spriggs property on Washington Street, as reported in the Duxbury Clipper. Dictated a letter to Ms. Ripley, to be delivered to the Zoning Board of Appeals, and read into the record at the next public hearing for the Spriggs project. Mr. Al-Zaim suggested additional comments for the letter, which were approved by Mr. Donahue.
Mr. Wadsworth: Reported that he will attend a meeting, as the Community Preservation Committee representative, regarding a citizen proposal to divert CPC money to the schools.
OTHER BUSINESS
Ms. MacNab made a motion to accept the minutes of 1/12/04 as written. Mr. Wadsworth provided a second for the motion, which passed unanimously (7-0).
Ms. MacNab made a motion to accept the minutes of 1/26/04 as written. Mr. Wilson provided a second for the motion, which passed unanimously (7-0).
PUBLIC HEARING: ASSOCIATE MEMBER(S) FOR PLANNING BOARD—SPECIAL PERMITS
Two members of the general public were present.
The Clerk read the public hearing notice into the record.
Mr. Donahue explained that the article involves having the Town of Duxbury adopt a provision in Massachusetts State Law, Chapter 40A, Section 9, which allows for associate members of a planning board when a planning board has been designated as a special permit granting authority. This would allow the Planning Board to act expeditiously on special permit applications. Massachusetts General Law requires 5 members of a 7-member board to vote on special permits. Those 5 members must be present for all hearings on the matter. If two associate members are present for the hearings, they can step in if a quorum cannot be construed from the regular members.
Mr. Al-Zaim commented that being an associate member is a big commitment, since the associate member must be present for all hearings, but may not be needed for the final vote. He also asked what the term of office for associate members would be. Board members said that two years was the term previously discussed. Mr. Al-Zaim said that he was in favor of one or two years (preferably one), but definitely not for 5-year terms.
It was agreed that Massachusetts General Law allows the Planning Board to decide the process by which the associate members would be chosen. This could be done by a vote of the Planning Board, or by decision of the Planning Board Chair.
Comments from the Public:
Ruth Rowley (546 Washington Street): Ms. Rowley commented that her interpretation of Massachusetts General Law, Chapter 40A, Section 9, requires that the provision for associate members be part of our zoning bylaw. She said that it cannot go into effect simply by adopting it at Town Meeting. She suggested amending Section 906 to include associate members for the Planning Board. She said that she thought this change would not require re-advertising, because notice has been given that something is happening with associate members. She said that if associate members are not adopted properly, that a Planning Board decision could be overturned on appeal.
Ms. Stickney said that she had anticipated this question and had conferred with Town Counsel. His advice was to simply have an article that adopts state law with regard to special permits and associate members.
Mr. Wadsworth agreed with Ms. Rowley that it should be part of the zoning bylaw.
Ms. Stickney said that if the article is changed from an adoption of a provision of state law to an actual change in our zoning bylaw, that the article may have to be re-advertised. However, this would not be possible, since the warrant has already been closed. Ms. Rowley repeated her opinion that re-advertising may not be necessary because notice has been given that the adoption of associate members is being considered. She said that the change could be handled in the way the motion is formed.
Mr. Donahue emphasized that it is crucial to NOT lose this article. Associate members are crucial to the functioning of the Planning Board as a special permit granting authority. Quorum problems could lead to constructive approval of projects.
Board members asked Ms. Stickney to communicate to Duxbury Town Counsel that a member of the public has raised the issue of whether the associate members provision must be part of the zoning bylaw.
Ms. MacNab made a motion to continue the public hearing to Monday, Feb. 23, 2004 at 8:15 PM. Mr. Wadsworth provided a second for the motion.
Under discussion of the motion, Mr. Al-Zaim gave his opinion that if the change to a zoning bylaw change cannot be made in the motion on the Town Meeting floor, that the Planning Board should go forward with the article as it currently stands.
Ms. Rowley suggested that section 530.1 of the Zoning Bylaw be amended to include a reference to associate members, as well as section 906.
PUBLIC HEARING: AMEND SECTION 560.5 OF ZONING BYLAW TO CORRECT TYPOGRAPHICAL ERROR
One member of the general public was present.
The clerk read the public hearing notice into the record.
Mr. Donahue explained that the intention of this article was to correct a typographical error in the zoning bylaw. Mr. Wadsworth noted that while the correction of the error was published correctly in the public hearing advertisement, that there is an error in the draft copy of the Town Meeting Warrant. Staff agreed to correct this error.
There were no comments from the general public.
Mr. Wilson made a motion to recommend approval of the Town Meeting article which would amend section 560.5 (Provision for Affordable Units) of the Protective Bylaw for the Town of Duxbury by deleting the following language “560.9” in subsection 1-b and replacing it with “560.8” or take any action in relation thereto. Mr. Wadsworth provided a second for the motion, which carried unanimously (7-0).
PUBLIC HEARING: AMEND SECTIONS 603.5 AND 615.5 OF THE ZONING BYLAW
Under section 603.5 (Design Standards) by deleting the following language "in gravel lots".
Under section 615.5 (Site Development Standards) #6 by deleting the following language " or other surface, such as brick, cobblestone or gravel".
One member of the general public was present.
The clerk read the public hearing notice into the record. The clerk read a letter from Mr. Jackson S. Kent, dated 1/29/04, opposing the article. The clerk also read a letter from Mr. Shawn Dahlen, dated 1/26/04, opposing the article. Both letters opposed disallowing gravel parking without reconsidering site coverage ratios.
Mr. Donahue said that he is strongly in favor of paved parking over gravel parking. He said that gravel parking gets packed down over time and storm run-off cannot permeate the gravel. Since no provision for drainage is made for the gravel areas, the runoff becomes a problem. However, having said that, he said that he is in agreement with Mr. Dahlen and Mr. Kent that the issues of gravel parking and site coverage ratios should be examined together. He said that if this article passes, many existing developments will be rendered nonconforming with regard to site coverage.
Mr. Wadsworth said that the relationship between gravel parking and site coverage has been examined many times. It is very difficult to come to agreement on the subject. Mr. Wadsworth said that the original intent of the zoning bylaw was for 50% site coverage in business districts. He said that he does not believe that people want this to change if gravel parking becomes disallowed for new projects. He said that he is in favor of bringing the article to Town Meeting as it stands.
Ms. MacNab agreed with Mr. Wadsworth. She cited the many times that the issue has been discussed, without being resolved. She said that the issue should be decided by Town Meeting.
Ms. Scieszka said that, if the article passes, it will not be a hardship for new developments. Existing developments will have grand-fathered status.
Mr. Al-Zaim said that it is very important that this article come to Town Meeting, because the current bylaw is confusing as to whether gravel parking is allowed. In fact, he said that the section on Design Standards begins with a description of gravel lots.
Ms. Stickney said that the problem for existing properties would be if the owners want to modify the property. She gave an example of an owner who would like to remove some pavement. The bylaw change would cause a problem for him.
Ms. MacNab asked whether the bylaw change could target new construction only. It was the consensus of the Board that this could not be done.
Mr. Wilson made a motion to endorse the proposed changes to Section 603.5 of the Zoning Bylaw. Mr. Wadsworth provided a second for the motion.
Under discussion of the motion, Mr. Al-Zaim proposed the following amendment to the motion: The words, “Pavement marking,” shall be added to the beginning of the second sentence of Section 603.5.
Mr. Wilson and Mr. Wadsworth accepted the amended motion.
The vote on the amended motion was six in favor, one against (Mr. Donahue).
Mr. Wilson made a motion to close the public hearing. Mr. Wadsworth provided a second for the motion, which carried unanimously (7-0).
ADJOURNMENT
The meeting was adjourned at 9:27 PM. The next meeting of the Duxbury Planning Board will be held on Monday, February 9, at 7:30 PM in the Duxbury Town Offices.
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