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 6/28/04
The Planning Board met in the Town Office Building Monday, June 28, 2004.
Present: George Wadsworth, Chairman (arrived after attending another meeting); Amy MacNab, Vice-Chairman; Angela Scieszka, Clerk; Aboud Al-Zaim, and James Kimball.
Absent: John Bear and Rob Wilson.
Staff: Christine Stickney, Planning Director and Barbara Ripley, Administrative Assistant.
The meeting was called to order at 7:32 PM.
OPEN FORUM
There were no items for discussion.
ANR PLAN OF LAND: ESTATE OF CLARENCE E. KENT/ Forest Street
Mr. Jay Woodruff was present to represent the applicant. Six residents of Forest Street were also present.
Ms. Stickney explained that the Clarence Kent Estate owns a 10-acre parcel off Forest Street. This ANR plan seeks to create two buildable lots of approx. 60,000 SF each on Forest Street. The remaining land would be a parcel of about 7.5 acres, without the requisite frontage for a building lot.
Ms. MacNab explained that Duxbury Town Counsel has warned the Planning Board against endorsing any ANR plans that create parcels without 200 feet of frontage. Since receiving that advice, the only time the Board has felt comfortable endorsing a plan containing a parcel with inadequate frontage, is when another plan for that particular parcel is submitted simultaneously.
Mr. Woodruff said that he would like to submit a plan for the 7.5 acre parcel. He said that several configurations are possible, depending upon what the Board will allow. He said that he has been working closely with the Forest Street neighbors to develop a mutually satisfactory solution. His first choice, which is also favored by the neighbors he said, would be to create two estate lots behind the proposed ANR lots. He said that this would require a waiver from the Planning Board. He said that a second choice would be to apply for a three-lot subdivision for the parcel. He said that the Planning Board has been against this in the past, because they have considered it to be an extension of a cul-de-sac. However, Mr. Woodruff said that he has an opinion from the State that Forest
Street is not a cul-de-sac or loop road. Another option, he said, would be to request a variance from the Zoning Board of Appeals to create two lots with a common driveway. He said that he would like to come and speak informally with the Board about their preferences.
Ms. MacNab said that the new Zoning Bylaw allows for so much flexibility that waivers are not normally necessary. Specifically, this parcel would be appropriate for Residential Conservation Cluster (RCC) design. Ms. MacNab said that RCC allows the developer and Planning Board to work together and come up with the best possible solution for the land.
Mr. Woodruff responded that he had talked with a developer, Kevin Sealund, about the parcel. Mr. Sealund reportedly said that a conservation cluster would be inappropriate for this land and neighborhood. He said that it would result in 5 smaller lots, and houses which are too small for the existing neighborhood.
Ms. MacNab explained that the RCC Cluster Design process is mandatory for this land if five or more lots are planned. She said that the land comprising the proposed ANR lots would be included because it was in single ownership as of January 1, 2001. She said that it would be much better to hold off on doing the ANR, so that the Board and the developer can look at the ten acres as a whole, and come up with the best solution. Mr. Woodruff said that he can always un-do the ANR’s if that is found to be desirable, but he does want to create the ANR lots now.
Ms. Stickney said that if the ANR lots remain in common ownership with the rest of the land owned by the Kent Estate, that Mr. Woodruff is correct, and the ANR lots can be reconfigured at a later date. However, this would change if one or both ANR lots are sold. In that case, a developer might try to claim a hardship when trying to develop the back land.
Mr. Kimball said that he feels as though the Planning Board is being asked to design a subdivision for the developer.
Mr. Al-Zaim asked about the impact of the ANR lots on the existing cartpaths. Ms. Stickney said that the cartpaths are only relevant if someone wants to try to improve them to gain frontage, under the provisions of an ancient way.
Ms. MacNab repeated that the creation of the ANR’s seems to tie the hands of the Planning Board, and make it more difficult to find the best solution for the land.
Mr. Ronan Ryan (41 Forest Street), President of the North Duxbury Residents’ Association, asked the Planning Board whether, if the applicant dropped the ANR plan, that the process of developing the land the way Mr. Woodruff says that he wants to would become easier. Ms. MacNab responded in the affirmative.
Mr. Wadsworth arrived at this point. (He had been representing the Planning Board at a negotiating session for the Duxbury Crossing Comprehensive Permit application.)
Ms. MacNab asked Mr. Woodruff if he would be willing to grant an extension of the decision deadline to the Planning Board, so they can consult with Town Counsel as to his past advice relative to this plan. Mr. Woodruff responded that he would not grant an extension.
MOTION: Mr. Al-Zaim made a motion to deny endorsement of the ANR plan of land for Forest Street, because the creation of Parcel 3 as shown on the plan requires application under Subdivision Control Law. Mr. Kimball provided a second for the motion. At this point, Mr. Woodruff said he would agree to the extension of the decision date, so that the Planning Board could consult with Town Counsel. It was agreed that the matter would be discussed again on July 12, and that the decision deadline date would be postponed to July 15, 2004. A mutual extension form was signed, between Mr. Woodruff and the Planning Board. Mr. Al-Zaim withdrew his motion.
JOINT MEETING WITH THE BOARD OF SELECTMEN: AFFORDABLE HOUSING/LOCAL HOUSING PARTNERSHIP
At 8:15 PM, the Planning Board joined the Board of Selectmen at their meeting for a discussion about affordable housing and the Local Housing Partnership, which is currently being formed. Board of Selectmen Chair, Andre Martecchini, said that the Community Development Committee has finished the Community Development Plan (CDP), which the Board of Selectmen accepted last week. The CDP lists a number of options for the creation of affordable housing in Duxbury. The Local Housing Partnership (LHP) will be charged with moving some of those options forward. In addition, the LHP may consider developing a Housing Plan, also known as Planned Production, for submission for certification by the State of Massachusetts. Communities with Certified Housing Plans are exempt from Chapter 40B filings, and may
be eligible for state grants. For certification, Duxbury would be required to have a plan for creating 37 units of affordable housing per year.
Mr. Martecchini said that his primary goal is to see some affordable housing created. He said that there have been numerous committees and studies, but discouragingly little actual production. He said that he would like to see actual production be more of a priority than developing a Certified Plan. In addition, he said that 37 units per year is unrealistic for Duxbury, and there is questionable benefit of having an unrealistic plan.
Ms. MacNab said that she views the development of a plan as crucial. She said that if the Town is going to work hard to develop units, that she would like to see the Town get credit for them through the State. Mr. Al-Zaim agreed with Ms. MacNab. He said that having a plan shows positive intent on the part of the Town.
Ms. Stickney explained that only eight Massachusetts communities have Certified Plans so far. All of them are in their first year of operation. None of them have met their quota of units yet. It is unclear how the State will proceed with communities that fail to meet their quota. There is some talk about reducing the quota numbers, because they are very difficult for the Towns to meet. Ms. Stickney also said that 80% of the work necessary for developing a Housing Plan has been done by the Community Development Committee. The LHP just needs to look at all the proposed options, and set goals for how many units they will try to create under each of them.
Mr. Longo said that, in the process of developing a Housing Plan, we will learn a lot about our housing stock. We will also get information about how many people are willing to participate in innovative housing initiatives, such as annuity programs.
Next, the discussion turned to sponsorship of the LHP. Ms. MacNab said that she recommends joint sponsorship between the Board of Selectmen and the Planning Board. She said that this kind of joint sponsorship worked well with the Comprehensive Plan/Zoning Bylaw Implementation Committee, and should work well with the LHP. Planning Board members and the Board of Selectmen agreed. Mr. Martecchini said that he hopes to appoint the LHP in two weeks.
SPECIAL PERMIT RECOMMENDATION: FRANCIS J. & LYNNE M. DECKER/ 105 Gurnet Road
Ms. Stickney provided a memorandum to the Planning Board, dated June 24, 2004, explaining that the applicants wish to renovate the existing cottage into a year-round home. Changes to the roof line and height of the structure, a small addition to the first floor, and a new deck are among the proposed changes.
Ms. MacNab said that if existing building coverage is below 15%, and the applicant is proposing to go above 15%, that a variance will be required. Planning Board members and the Planning Director attempted to calculate building coverage from the proposed plans. They estimated that existing coverage is approximately 14.5%, and proposed coverage is approximately 17%.
Mr. Wadsworth pointed out that proposed building is getting closer to the sideline, and that the length of structure that is within the setback is expanding.
MOTION: Ms. MacNab made a motion to recommend denial of the special permit application for 105 Gurnet Road for the following reasons: a) The Planning Board calculates the existing coverage at approximately 14.5% and believes post-construction will be approximately 17%, thereby requiring a variance from the Zoning Board; b) The proposed addition increases the nonconformity of the sideline setback on both sides; c) The number of existing and proposed bedrooms is unclear. It appears that additional living space could result in more bedrooms. Therefore, the application should be reviewed by the Sewer Commissioners; and d) The increased height of the proposed structure may negatively impact the views and vistas in the neighborhood as well as the character of the neighborhood. Mr. Al-Zaim provided a second for the motion, which carried unanimously.
OTHER BUSINESS
Wetlands Regulations: Ms. MacNab said that the Department of Environmental Protection (DEP) is expected to decrease the wetlands setback requirements. She said that this is a disappointing development for environmental preservation.
Duxbury Crossing Chapter 40B Application: Mr. Wadsworth reported that he attended a negotiating session for the proposed Duxbury Crossing development. He said that the Zoning Board of Appeals still does not seem inclined to limit the number of dwellings and bedrooms, based upon 310 CMR 22.03. This regulation (310 CMR 22.03) prevents Towns from overriding any of their own drinking water protection rules. Mr. Wadsworth hopes that the ZBA will condition their approval on a ruling from the DEP regarding the Town’s ability to override its own drinking water protection regulations.
ADJOURNMENT
The meeting was adjourned at 9:42 PM. The next meeting of the Duxbury Planning Board will be held on Monday, July 12, 2204 at 7:30 PM in the Duxbury Town Offices.
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