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Planning Board Minutes 11/22/04

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.

The Planning Board met in the Town Office Building Monday, November 22, 2004.

Present: George Wadsworth, Chairman; Angela Scieszka, Clerk; John Bear, James Kimball and Rob Wilson.  Also present was Associate Member Harold Moody (non-voting.)

Absent: Amy MacNab, Vice-Chairman and Aboud Al-Zaim.

Staff: Christine Stickney, Planning Director and Barbara Ripley, Administrative Assistant.

The meeting was called to order at 7:34 PM.


OPEN FORUM

Local Housing Partnership:  Mr. Wilson summarized the November 18 meeting of the LHP. (Ms. Scieszka attended this meeting as well.)  The LHP would like to be action-oriented, rather than plan oriented.  Committee members feel there has already been a myriad of committees that have developed plans, but there has been very little actual production of affordable housing.  The LHP has an action list, which Mr. Wilson will provide to the Planning Board.  However, in recognition of the Planning Board’s desire for a Certified Housing Plan, the LHP would like to send the housing section of Duxbury’s Community Development Plan (CDP) to the State.  This will constitute the first step toward getting a certified housing plan.  If the State accepts the CDP, the next step would be to apply proposed numbers to the various housing options in the CDP.
   
Ms. Scieszka pondered whether there could be negative ramifications to sending the CDP to the State.  She said that the CDP was a comprehensive list of options, without careful consideration of the merit of the options.  She would like to see a very realistic plan be sent to the State.  She also asked whether, if the CDP goes to the State, whether it should go through the Board of Selectmen, rather than the LHP.  

Ms. Scieszka said that if the LHP is not going to work on a certified plan, that perhaps the Planning Board should do it.  Mr. Bear asked whether the official charge of the LHP required it to develop a plan.  Ms. Scieszka said that this was not in the charge for the committee as presented at the 2004 Annual Town Meeting.

Freeman Farms:  Mr. Wadsworth commented on Brad Cushing’s letter to the Planning Board, dated October 27, 2004.  Mr. Cushing had objected to not being allowed to put part of a septic system within the slope easement of a lot within Freeman Farms.  Nonetheless, the site has been re-designed to keep the septic system out of the slope easement.  The lot has been staked out and it appears that the foundation for the house will be poured within the next few days.  

Economic Advisory Committee:  Mr. Wilson said that he has been appointed to the Economic Advisory Committee which will have its first meeting very soon.  Ms. Scieszka said that she would be willing to serve on this committee if Mr. Wilson is unable to.


OTHER BUSINESS

Minutes:
        
MOTION: Mr. Wilson made a motion to accept the minutes of 11/15/04 as amended.  Mr. Kimball provided a second for the motion, which carried unanimously (5-0).

Engineering Invoice:  

        MOTION:  Mr. Wilson made a motion to pay Amory Engineering invoice #10555, for $645.00 (Deesul Medical Building).  Ms. Scieszka provided a second for the motion, which carried unanimously (5-0).


CONTINUED PUBLIC MEETING: DEESUL CORP./ Proposed Medical Building at 104 Tremont Street  

Ms. Ripley reported that the applicant’s attorney said that there was a lot of negative feedback about the proposed building design at the last ZBA hearing.  Therefore, the applicant is working on re-designing the building.  Those plans could not be completed in time for tonight’s scheduled meeting.  Therefore, the applicant provided the Board with a signed extension form.

MOTION:  Mr. Wilson made a motion to continue the public meeting for the proposed Deesul medical building to December 13, 2004 at 9:00 PM, with revised plans due to the Planning Office by November 29, 2004, and with an extension of the Planning Board decision date to January 13, 2005.  Ms. Scieszka provided a second for the motion, which carried by a vote of 4 in favor, none opposed, and one abstention (Mr. Kimball).

The Planning Board signed the mutual extension form, which is to be filed with the Duxbury Town Clerk.


SPECIAL PERMIT RECOMMENDATION: KEOHAN & McNAMARA/ 145 Chestnut Street

(Ms. Stickney arrived at the meeting at this point.)

The applicants are proposing to add a screened porch to a pre-existing non-conforming dwelling.  There is an existing sun room that invades the fifteen foot setback.  (It is 7.7 feet from the side lot line.)  The proposed porch would also encroach upon the setback line, albeit no further than the existing sun room.

Ms. Scieszka asked how it came about that the existing sunroom was allowed to encroach upon the setback.  Ms. Stickney replied that the building department records do not show that a variance was issued.  However, there was a building permit in 1992 for the sun room.  So, it is unclear how this was allowed to happen.  Mr. Wilson said that he is disinclined to further invade the fifteen foot setback.

MOTION:  Mr. Wilson made a motion to recommend denial of the application for a special permit at 145 Chestnut Street because it increases the amount of structure within the fifteen foot setback.  The fact that the existing building encroaches upon the fifteen foot setback is irrelevant to the current proposal.  Mr. Kimball provided a second for the motion, which carried unanimously (5-0).


WORKING SESSION OF THE PLANNING BOARD: PREPARATION FOR 2005 ANNUAL TOWN MEETING (PART 1)

Ms. Stickney provided the Planning Board with a proposal for a Town Meeting warrant article.  This article would request an appropriation for $40,000 to $50,000 for a Town-wide traffic study.  Several areas of Town are experiencing significant re-development, with attendant traffic and parking issues. In particular, Ms. Stickney sees the need for a professional review of the following areas:

·       The Bennett stretch of Tremont Street – a corridor review

·       The Snug Harbor Business area – parking and circulation

·       Cox Corner & intersection – reconfiguration/ potential turning lanes

·       Bailey’s corner and intersection - reconfiguration and signalization

Mr. Wadsworth commented that some of these involve State roads, and asked whether it would be appropriate to wait for the State to fund such a study.  Ms. Stickney said that if the Town waits for the State, the re-development will have gone forward without the benefit of comprehensive traffic planning.  Ms. Stickney added that a professional traffic study would give the Town something upon which to base remediation requests to developers.

By consensus, it was agreed that Ms. Stickney should go forward with developing language for a 2005 Town Meeting warrant article for this traffic study.


PUBLIC HEARING: PROPOSED AMENDMENTS TO SUBDIVISION RULES AND REGULATIONS

At 8:30 PM, the Clerk read the public hearing notice into the record.  No members of the general public were present.  Ms. Stickney reviewed the proposed amendments to the Town of Duxbury Rules and Regulations Governing the Subdivision of Land, which have been outlined in a Planning Board memorandum dated November 2, 2004, and which have been made available for public review in the Planning Office and the Office of the Town Clerk.  The only change recommended by the Board was the addition of two commas on the amendment to Section 5.5.1.

MOTION:  Mr. Wilson made a motion to close the public hearing for proposed amendments to the Town of Duxbury Rules and Regulations Governing the Subdivision of Land.  Mr. Kimball provided a second for the motion, which carried unanimously (5-0).

MOTION:  Mr. Wilson made a motion to approve the amendments to the Town of Duxbury Rules and Regulations Governing the Subdivision of Land as listed in the Planning Board memorandum of November 2, 2004, and as amended at the public hearing of November 22, 2004.  Mr. Kimball provided a second for the motion, which carried unanimously (5-0).


WORKING SESSION OF THE PLANNING BOARD: PREPARATION FOR 2005 ANNUAL TOWN MEETING (PART 2)

Flood Maps: By consensus, the Planning Board agreed to sponsor a 2005 Annual Town Meeting article to accept the new FIRM (Flood Insurance Rate Maps) as developed by FEMA.

Guest Houses:  Ms. Stickney reported that she met with the Building Inspector and Ms. MacNab about the problem of guest houses that actually function as second dwelling units. The Building Inspector has said that the current bylaw definitions do not give him enough leverage to deal with this problem.  Ms. Stickney and the Building Inspector have since met to develop proposed Zoning Bylaw definitions for:  Bed and Breakfast Establishment, Guest House, and Kitchen.  By consensus, the Planning Board agreed to sponsor a Town Meeting article to add these definitions to the Zoning Bylaw.

Accessory Apartments:  Ms. Stickney provided the Board with a proposal being considered by the Local Housing Partnership for amending the Zoning Bylaw relative to affordable accessory apartments.  This proposal would limit the number of building permits for affordable accessory dwellings to fifteen in a single calendar year.  No final decision was made by the Planning Board on whether they would support such an article.

CPZBIC Exit Report:  It was agreed to postpone discussion of the CPZBIC (Comprehensive Plan Zoning Bylaw Implementation Committee) exit report to a future meeting.


ADJOURNMENT

The meeting was adjourned at 9:25 PM.  The next meeting of the Duxbury Planning Board will be held on Monday, November 29, 2004 at 7:30 PM in the Duxbury Town Offices.