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 07/12/04
The Planning Board met in the Town Office Building Monday, July 12, 2004.
Present: George Wadsworth, Chairman; Amy MacNab, Vice-Chairman; Aboud Al-Zaim, John Bear, and James Kimball.
Absent: Angela Scieszka, Clerk and Rob Wilson.
Staff: Christine Stickney, Planning Director and Barbara Ripley, Administrative Assistant.
The meeting was called to order at 7:38 PM.
OPEN FORUM
Smart Growth Audit: Mr. Kimball discussed a July 4, 2004 Boston Globe article, which gave Duxbury a fairly low rating in the Smart Growth Audit. Ms. Stickney said that the ratings were unfair. She gave an example where Duxbury lost points for not undertaking procedures which would have been irrelevant for the Town, such as brownfields management.
Duxbury Crossing Comprehensive Permit Application: Ms. MacNab said that she was surprised that the Town had not contacted Mass Housing or DHCD about the alleged threats made by the developer of this project. She drafted a letter, requesting that the Board of Selectmen/Town Manager’s Office describe Mr. Tringale’s behavior to those two state agencies. Mr. Al-Zaim said that if the Board of Selectmen does not contact the agencies, that the Planning Board is certainly able to do so, as an elected board. Mr. Wadsworth made the point that it is more difficult to retain quality staff if applicants are allowed to engage in objectionable behavior toward them. Mr. Tringale has been offensive to the Planning Director, the Board of Health agent, and the Conservation Commission agent.
MOTION: Mr. Bear made a motion that the Planning Board request that the Board of Selectmen advise Mass Housing and the Department of Housing and Community Development in writing about objectionable behavior by the applicant of the Duxbury Crossing development. Mr. Kimball provided a second for the motion, which carried unanimously (5-0).
Fees: Ms. Ripley asked for clarification regarding fees for Planning Board applications. She asked whether “per lot” fees should be for building lots only, or for all lots and parcels, such as drainage lots and “nonbuildable” parcels. By consensus, it was agreed that application fees should pertain to all lots and parcels.
ANR PLAN OF LAND: CLARENCE KENT ESTATE/ Forest Street
Ms. Stickney reported that she met with Duxbury Town Counsel about the application. Town Counsel’s advice was not to sign the plan, because a lot was created without adequate frontage. She had asked for a written opinion, but it had not arrived in the Planning Office as of today. The applicant was unable to attend tonight’s meeting, but is aware of Town Counsel’s opinion. The applicant would like the opportunity to discuss the matter with his partner, and has therefore requested that the Planning Board postpone the discussion and vote on the plan until July 16, 2004, and has signed a form granting an extension of the decision date to July 28, 2004. Ms. Stickney said that the applicant may choose to withdraw the application, and re-file a plan that does not create the parcel
with inadequate frontage. The applicant would also like to discuss his plans for the remainder of the parcel of land.
Ms. MacNab said that it is very important to her to get Town Counsel’s opinion in writing. Mr. Al-Zaim said that the Planning Board must take action on the ANR. Ms. MacNab said that she would like to wait to take action until the applicant is present.
MOTION: Ms. MacNab made a motion to concur with the applicant’s grant of an extension of the meeting date to July 26, 2004, and the extension of the decision date until July 28, 2004. Mr. Kimball provided a second for the motion, which carried unanimously (5-0).
Ms. Stickney commented that Town Counsel stresses that ANR plans should not be signed when there is inadequate frontage. Other types of zoning violations may not be so problematic in her opinion. The building inspector has more freedom to deny building permits in those cases. Town Counsel reportedly has no problem with 50/50 land swaps, so long as the frontage is not disturbed.
OTHER BUSINESS
Town Meeting Zoning Bylaw Changes: It was noted that the Attorney General has approved all Zoning Bylaw changes voted at the March 2004 Annual Town Meeting. One of the things this implies is that the Planning Board may advertise for associate members. It was agreed to make the deadline for submitting an application at the end of the summer.
Minutes:
MOTION: Ms. MacNab made a motion to accept the minutes of 6/21/04 as written. Mr. Bear provided a second for the motion, which carried unanimously (5-0).
MOTION: Ms. MacNab made a motion to accept the minutes of 6/28/04 as written. Mr. Kimball provided a second for the motion, which carried unanimously (5-0).
Engineering Review Invoices:
MOTION: Ms. MacNab made a motion to pay invoices 10404A, 10404B, and 10404C from Amory Engineering for services related to subdivision review. Mr. Kimball provided a second for the motion, which carried unanimously (5-0).
Town Government Study Committee: Mr. Wadsworth announced that he has been selected to serve on the newly formed Town Government Study Committee. This committee will review the Town’s General Bylaws, and the structure of Town government.
Duxbury Crossing Comprehensive Permit Application: Mr. Wadsworth, who serves on the Town’s negotiating committee for this application, said that the ZBA disagrees with Town Counsel’s opinion that the number of dwellings and bedrooms should be limited in the Aquifer Protection Overlay District, based upon 310 CMR 22.03. (310 CMR 22.03 prevents Towns from overriding any of their own drinking water protection rules.) Mr. Wadsworth is very concerned that this will set a precedent for allowing increased density in the APOD for Chapter 40B applications. Mr. Wadsworth would like Town Counsel to confer with the ZBA, and hopefully convince the ZBA of the importance of limiting density based on 310 CMR 22.03. Mr. Wadsworth asked the Planning Board for their opinion on the best way to
get Town Counsel involved. Ms. MacNab said that the best way might be for the Planning Board to write a letter to the ZBA, stating their concern about the interpretation of the regulation, and suggesting further consultation with Town Counsel. It was agreed, by consensus, to take this approach.
ADJOURNMENT
The meeting was adjourned at 9:20 PM. The next meeting of the Duxbury Planning Board will be held on Monday, July 26, 2004 at 7:30 PM in the Duxbury Town Offices.
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