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 3/29/04
The Planning Board met in the Town Office Building Monday, March 29, 2004.
Present: George Wadsworth, Chairman; Amy MacNab, Vice-Chairman; Angela Scieszka, Clerk; Aboud Al-Zaim, John Bear, James Kimball and Rob Wilson.
Absent: No members were absent.
Staff: Christine Stickney, Planning Director and Barbara Ripley, Administrative Assistant.
The meeting was called to order by Ms. MacNab at 7:30 PM. At that time, Ms. MacNab, Mr. Wilson, Ms. Scieszka, and Mr. Al-Zaim were present. Mr. Wilson made a motion to recess in order to attend the swearing-in ceremony for new Town officials at the Board of Selectmen meeting. Ms. Scieszka provided a second for the motion, which carried unanimously (4-0).
SWEARING-IN CEREMONY
Ms. Nancy Oates, Town Clerk, swore in Mr. Wadsworth, Mr. Kimball and Mr. Bear as elected members of the Duxbury Planning Board.
After the ceremony, the Planning Board re-convened at 7:40 PM. Mr. Wadsworth, Mr. Kimball and Mr. Bear joined the Board.
OPEN FORUM
Mr. Wadsworth said that he is making plans for a Planning Board dinner in honor of recently retired Planning Board members, Mr. Matthews and Mr. Donahue. He asked members to get back to him about their schedules. Ms. MacNab noted that once the date is closen, it should be posted as a meeting of the Planning Board.
REORGANIZATION OF THE PLANNING BOARD
The election of Planning Board officers was held. Mr. Wadsworth was elected as Chairman. Ms. MacNab was elected as Vice-Chairman. Ms. Scieszka was elected as Clerk.
Committee appointments were made. Ms. MacNab and Mr. Wilson will continue to serve as the Planning Board liaisons to the Land-Use Group. Mr. Kimball was selected to be the Town’s representative to the Metropolitan Boston Transportation Authority (MBTA). Ms. Scieszka will continue to serve, along with Selectman Andre Martecchini, on the South Shore Coalition. Mr. Wadsworth will continue to serve as the Planning Board’s representative to the Community Preservation Committee. Mr. Wilson will continue to serve as the Planning Board’s representative to the Community Development Committee. This committee will disband on June 30, 2004. Mr. Wilson will serve as the Planning Board’s representative on two new committees that were established by the 2004 Annual Town
Meeting: the Local Housing Partnership and the Economic Advisory Committee.
It was agreed that Mr. Wadsworth would confer with Selectman Andre Martecchini as to the status of the Town’s representative to the Metropolitan Area Planning Council. He would also confer with Mr. Lewis for a status report.
ANR PLAN OF LAND: ZAVERUCHA & WINTER/Island Creek Road
Mr. Peter Hale, surveyor, was present. Mr. Zaverucha (owner of lot #150-024-002) and Mr. Winter (owner of lot #150-024-001) were present.
Mr. Hale explained that Mr. Zaverucha would like to buy a portion of Mr. Winter’s lot in order to have the room to install a swimming pool. He further explained that Mr. Zaverucha’s lot was formed in 1988 from an extension of Island Creek Road, through the 81-R process under Subdivision Control.
Ms. MacNab noted that the 1988 covenant for the two above-noted lots stated that no further subdivision of the lots was to occur. However, in 1992, lot 150-024-002 was released from the Covenant. Ms. MacNab said that she would like to see language on the ANR plan agreeing to no additional subdivision of the lots. Mr. Zaverucha and Mr. Winter said that they would agree to do this.
Ms. MacNab also questioned the need for 60,000 SF of area for a swimming pool.
Mr. Wadsworth said that the 1992 release of restrictions only released the lots as to sale and building, and that the prohibition against subdivision is still in place.
Board members questioned whether this ANR plan represents a subdivision. Ms. Stickney said that Massachusetts General Law defines a subdivision as a division into two or more lots. No new buildable lots are being created by this ANR, merely the movement of area between existing lots.
Ms. MacNab commented on the shed that is currently on Mr. Winter’s property, but will be too close to the lot line after the re-alignment of the lots. The plan says that the shed is to be razed. However, Ms. MacNab recalled incidents where structures remained in place despite such promises. Ms. Stickney said that the Planning Board could forward a memo noting the razing of the shed as shown on the endorsed plan, but that this would become an enforcement issue for the Building Inspector, under the building permit for the pool.
Ms. MacNab made the following motion: That the Planning Board endorse the Plan of Land entitled, “Lot Line Adjustment Plan Duxbury Assessor’s Lots 140-024-001 and 150-024-002”, dated 3/1/04 and stamped by Peter E. Hale, as not requiring approval under Subdivision Control Law, conditioned upon additional language appearing on the plan that no further subdivision of Lot #150-024-001 and Lot #150-024-002 shall occur, consistent with Condition #7 of the 1988 Planning Board Covenant for the above-named lots, recorded in the Plymouth County Registry of Deeds in Book #8601, on Page #081.
Mr. Wilson provided a second for the motion, which carried unanimously (7:0).
OTHER BUSINESS
Segalla ANR: This plan was approved at the last meeting, pending the addition of additional language on the plan. The applicant’s engineer subsequently added the language. The Planning Board signed the plan.
Chapter 61A Land (Jaycox Property): At one time, this land was offered to the Town for Open Space for approximately one million dollars. The Town did not want to purchase the land at that price. Now, however, the land is being offered to the Town through the 61A process for first refusal. The P & S agreement is for approximately $600,000. Members of several land-use boards have indicated an interest in the land. Ms. Stickney offered to put together a package of information about the property for the Board in time for next week’s meeting, so that the Board may vote on whether or not to recommend the purchase.
Brewster Commons Comprehensive Permit Application: Board members noted that the traffic information is very general. Ms. Stickney noted that the area of concern has been shown to be part of the State Road layout for Route 3A. Therefore, any curb cuts and configurations will have to be approved by the State. The Planning Board asked Ms. Stickney to draft a letter for the ZBA, and have it ready next week for the Planning Board’s approval.
Additional Packet Materials: Planning Board members noted the following additional packet materials: a) Meeting Minutes from the Development Review Team meeting of March 11, 2004 (Brewster Commons); b) Letter from the Planning Board Chairman to the Marshfield Planning Board regarding the proposed traffic study for the Route 139 Corridor; c) Patriot Ledger article about high-housing costs; and d) Town Meeting articles from Scituate and Pembroke relative to accessory apartments.
Minutes: Mr. Wilson made a motion to approve the minutes of 3/22/04 as amended. Ms. MacNab provided a second for the motion, which carried unanimously (7-0).
Goals: It was agreed that members would come to the next meeting, prepared to discuss goals for the coming year.
ADJOURNMENT
The meeting was adjourned at 9:45 PM. The next meeting of the Duxbury Planning Board is scheduled for April 5, 2004 at 7:30 PM in the Duxbury Town Offices.
| 
