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 1, 2004.
Present: George Wadsworth, Chairman; Amy MacNab, Vice-Chairman; Angela Scieszka, Clerk; John Bear, James Kimball and Rob Wilson.
Absent: 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
Site Plan Review: Ms. Scieszka said that she would like to see clear methods of communication established between the ZBA and the Planning Board for applications subject to Administrative Site Plan Review. She commented that the ZBA had a hearing on the Deesul medical building proposal last week, and it was not clear that they were apprised of the issues raised by the Planning Board. Ms. MacNab said that this supports her feeling that quarterly meetings between land use boards are needed. She asked Ms. Stickney to work on scheduling some of these meetings, with the understanding that the Planning Board would be willing to meet on a different night if required. Mr. Wadsworth commented that a proposed agenda would be necessary for such meetings.
ANR Approvals: Ms. MacNab commented on the difficulty of enforcing conditions put on an ANR if the property changes hands before those conditions are met. She asked whether the Board could think of any triggers that might help these situations to be caught prior to sales. Mr. Wadsworth said that while the Board may try to condition an ANR, and hope for the best, that he is not sure that there is a legal basis for those conditions.
Freeman Farms: A certified letter from the Planning Board Chairman was sent to the developer on October 19, 2004, requesting immediate provision of emergency access to the Freeman Farms subdivision. The Board was provided with Mr. Cushing’s response, dated October 29, 2004. Mr. Cushing stated that he had been forced to block access to the subdivision due to vandalism, and he made negative comments about the Chairman’s involvement in the issue. Mr. Wilson commented that it is a shame that the developer insists upon taking such a negative stance. Mr. Wadsworth reported that the issue is resolved at this point, because access has been opened.
Plan Submissions: Mr. Kimball commented that the quality of the submissions for two recent applications has been very poor. The special permit application for 52 Ocean Road North lacked a site plan. The plans for Bayside Marine were nearly unreadable. He expressed a desire to have a gatekeeper screen out these submissions. He said that neither the Boards nor the public can have a clear idea of what is being proposed under these circumstances.
Rainfall: Mr. Wadsworth provided a chart showing that this area has received very modest rainfall this year to date.
PUBLIC HEARING: PROPOSAL FOR STREET NAME CHANGE FROM “BUTTERNUT DRIVE” TO “LEWIS FARM ROAD”
The public hearing was opened at 7:45 PM when the Planning Board Clerk read the public hearing notice and correspondence list into the record.
Correspondence List:
· Request to change make a name change – includes petition of all residents of the street dated 12/18/02
· Letter dated 10/7/04 from K. Griffin re: confirming change
· Copy of Public Hearing Advertisement
Comments from the public:
Mr. Joe Whalen, 2 Butternut Drive: Mr. Whalen said that the Board had discussed this issue in March 2003. He said that at that time, the Board said that if the name change went through, that he would not have to change his driveway access to Lewis Farm Road. He wanted to be sure that this is still the case.
Mr. Scott Fitzgerald, 5 Butternut Drive: Mr. Fitzgerald pointed out that only two homes are affected by the name change.
Comments from the Board:
Ms. MacNab said that the two Butternut Drive lots were created by the ANR process, not the subdivision process. If they carry the subdivision road name, it will obscure the way the lots were created.
Mr. Wadsworth said that there are now two names for what appears to be one road. The neighbors want one name.
Ms. Scieszka said that she visited the subdivision, and there does appear to be only one road, not two. She said that it may make more sense to have one name for public safety reasons.
MOTION: Mr. Wilson made a motion to close the public hearing for the proposed street name change. Mr. Kimball provided a second for the motion, which carried unanimously (6-0). The public hearing was closed at approximately 8:00 PM.
MOTION: Mr. Wilson made a motion to accept the proposal to change the street name, “Butternut Drive” to “Lewis Farm Road”. Mr. Kimball provided a second for the motion, which carried by five votes in favor, and one against (Ms. MacNab).
CONTINUED PUBLIC HEARING: T-FARM ESTATES/Off High Street
No one was present for the applicant. Ms. Stickney noted that the applicant has made a written request to continue the public hearing to December 13, 2004, and to extend the decision date to January 13, 2004. Revised plans have already been received by the Planning Office.
MOTION: Ms. MacNab made a motion to continue the public hearing to December 13, 2004, and to extend the decision date to January 13, 2005. Ms. Scieszka provided a second for the motion, which carried unanimously (6-0).
WORKING SESSION OF THE PLANNING BOARD: PROPOSED CHANGES TO SUBDIVISION RULES & REGULATIONS
Ms. Stickney provided draft copies of proposed changes to the Subdivision Rules and Regulations, which were then reviewed by the Board. Several changes were made to clarify the language. In addition, it was decided to refrain from adding a definition for “swale” in this version of the Rules and Regulations. It was also decided to establish the amount of surety retained until the time of road acceptance to $25,000 or one buildable lot. All proposed changes to the Subdivision Rules and Regulations will be available in the Planning Office and the Town Clerk’s Office for public review. The public hearing is scheduled for November 22, 2004.
Ms. Scieszka commented that the CPZBIC (Comprehensive Plan/Zoning Bylaw Implementation Committee) Exit Report recommended that the Planning Board endorse Open Space Rules and Regulations. It was agreed that this would be a good agenda item for a joint meeting with the Open Space Committee.
OTHER BUSINESS:
Special Permit Recommendation for 52 Ocean Road North:
MOTION: Mr. Wilson made a motion to consider and amend the Planning Board’s recommendation for the Special Permit application at 52 Ocean Road North, which was made at the Planning Board meeting of October 25, 2004, but then tabled. The amended recommendation would read:
The Planning Board recommends DENIAL of the special permit application for 52 Ocean Road North based on the following objections:
1) The application lacks a site plan~with sufficient information as to existing and proposed~building coverage.~~~Lot coverage calculations~are unclear and~should include the~two foot (2')~overhang and covered porch.
2) It appears that the house may exceed the 30-foot height limitation allowed by the Zoning Bylaw based on the definition of building height~.
3) Demolishing a five-room house with two bedrooms in favor of~a~three-story, nine-room house~with five bedrooms~will have a negative impact on the neighborhood, in the opinion of the Planning Board.
4) The Planning Board recommends not allowing greater than 15%~building coverage on such a small lot.~~
5) With no site plan, the applicant has not demonstrated safe and adequate parking on the site which is a concern of the Board given the density and narrow streets of this neighborhood.
6) The Planning Board is of the opinion that proposals for tear downs should be required to comply with current Zoning Bylaw for rebuilding.
and furthermore the Planning Board recommends that, in the event of approval of this special permit, that the Sewer Commissioners of the Town of Duxbury be notified of the significant increase in the number of bedrooms~ and potential for increased flows.
Ms. MacNab provided a second for the motion, which carried unanimously (6-0).
Minutes:
MOTION: Mr. Wilson made a motion to accept the minutes of October 25, 2004 as amended. Ms. MacNab provided a second for the motion, which carried unanimously (6-0).
Perimeter Plans: Mr. Bear asked whether an applicant can be compelled to file an 81-X plan as part of Administrative Site Plan Review. Board members responded that this may become necessary if planned site improvements infringe upon setbacks.
Communication Between Boards: Ms. Scieszka asked for input on the best way to bring the ZBA up to speed on what the Planning Board has done with applications subject to Site Plan Review. It was agreed that approved minutes should be sent to the ZBA. When there will not be enough time to approve minutes prior to a ZBA hearing, a summary from the Planning Board chair may be sent.
ADJOURN
The meeting was adjourned at 10:04 PM. The next meeting of the Duxbury Planning Board will be held on November 15, 2004 at 7:30 PM in the Duxbury Town Offices.
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