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 06/07/04
The Planning Board met in the Town Office Building Monday, June 7, 2004.
Present: George Wadsworth, Chairman; Amy MacNab, Vice-Chairman; Angela Scieszka, Clerk; James Kimball and Rob Wilson.
Absent: Aboud Al-Zaim and John Bear.
Staff: Christine Stickney, Planning Director and Barbara Ripley, Administrative Assistant.
The meeting was called to order at 7:39 PM.
OPEN FORUM
Duxbury Crossing: Mr. Kimball commented on the June 2, 2004 Duxbury Clipper article, where the developer said that he would like to put a pig farm at the site, and name it after the Planning Director. He said that this type of developer is the Town’s worst nightmare, and he expressed regret to the Planning Director for the treatment she is receiving from this individual. Mr. Wadsworth said that he had been unable to attend the first negotiating session with the developer (scheduled for June 2), but that he plans to attend the next one.
Special Town Meeting: Ms. MacNab offered to write a short statement (to be read at the Special Town Meeting on June 14) about why the Planning Board voted to recommend the O’Neil Farm purchase. She will review it with the Board in advance. She asked Ms. Stickney to put together a statement from the Board about the Jaycox property purchase. Ms. Scieszka said that an important aspect of the Jaycox purchase is that the land is part of a wildlife corridor. Mr. Wadsworth said that Town Counsel is concerned about the Delano Farm article. Town Counsel says that the Water Department should pay their portion of the Delano Farm purchase. Ms. MacNab agreed, saying that this is how it was presented at Town Meeting.
Town Path Council: Mr. Wilson said that the Town Path Council has been dormant for a few years, since they have not had luck getting their articles passed at Town Meeting. However, they recently had a meeting. A bicycle club was formed as an off-shoot of the Council. There have been several rides sponsored by this club so far.
SPECIAL PERMIT RECOMMENDATION: HORNBEAM R.T./ 95 Hornbeam Road/ Proposed Pier
Ms. Stickney provided the Board with a memorandum, dated June 3, 2004, containing her review of the application. She stated that this application was previously before the Town, and was denied. The applicant has appealed. Given that the proposal is involved with pending litigation, Ms. Stickney suggested that it is improperly before the ZBA. She said that, until the litigation is resolved, the ZBA should not take any action, or the ZBA should recommend that the applicant withdraw the application. Planning Board members agreed with Ms. Stickney’s recommendation.
MOTION: Ms. MacNab made the following motion: The Planning Board finds that the application is improperly before the Town, given that the application is involved with pending litigation. The Planning Board recommends that the Zoning Board of Appeals take no action with regard to this application, or that the ZBA recommend that the applicant withdraw the application. Mr. Wilson provided a second for the motion, which carried unanimously (5-0).
SPECIAL PERMIT RECOMMENDATION: WGB R.T./ 66 Seabury Point Road/ Proposed Pier Re-Construction
Again, Ms. Stickney provided the Board with a memorandum, dated June 3, 2004, containing her review of the application. She noted that this application is also involved in litigation. In this case, the Conservation Commission denied the project and it was subsequently appealed. The court has remanded it back to the Duxbury Conservation Commission and to date, no further action has been taken by either the applicant and/or the Conservation Commission. She said that the application is improperly before the ZBA, and that the ZBA should take no action or that the ZBA should recommend that the applicant withdraw the application. Planning Board members agreed.
Ms. Stickney also noted that there is an existing pier on the property, which belongs to another landowner. The new bylaw (passed at Town Meeting, and awaiting approval by the Attorney General) does not specifically prohibit multiple piers on single properties. Ms. MacNab said that the Planning Board should investigate this for the next Annual Town Meeting.
MOTION: Ms. MacNab made the following motion: The Planning Board finds that the application is improperly before the Town, given that the application is involved with pending litigation. The Planning Board recommends that the Zoning Board of Appeals take no action with regard to this application, or that the ZBA recommend that the applicant withdraw the application. Mr. Wilson provided a second for the motion, which carried unanimously (5-0).
PLANNING BOARD DISCUSSION: WHITEPINE LANE
Dr. Robert Lonigro, co-developer, was present. Mr. Yoon, co-developer, was not present.
Ms. Stickney noted that the grass has been planted and seems to be growing well. However, she suggested that the Board wait until the end of the summer, to make sure that the grass is well-established, before returning performance bond money related to grass-planting. Ms. Stickney noted that there are still wires projecting from a utility box on one of the rear lots. She said that these should be capped for safety reasons. Finally, Ms. Stickney provided an estimate from the DPW Director, regarding an appropriate amount for an escrow for drainage system maintenance. He suggested between $3,500 and $5,000.
Ms. Stickney said that this escrow account can be set up in the same way as the escrow account for engineering review fees. Interest would accrue to the account. At the end of the five-year period, any remaining funds would be turned over to the Homeowner’s Association. Ms. Stickney said that she will contact Mr. Yoon for an updated list of the officers and members of the Homeowners’ Association.
Ms. MacNab commented that the Board decided to establish this escrow because they allowed an unconventional type of drainage.
Ms. Stickney also said that she would contact the Town’s consulting engineer for a final review of the subdivision and the as-built plans. It was agreed to put the matter back on the agenda for June 21, time to be announced.
SPECIAL PERMIT RECOMMENDATION: JAMES & ELIZABETH HARTFORD/184 Surplus Street/ Accessory Apartment
Ms. Stickney provided the Board with a memorandum dated June 3, 2004, explaining that the applicants have petitioned for approval for an accessory apartment within their existing dwelling.
Ms. Scieszka pointed out ZBL Section 410.6 (b), which states that the application may be approved if the apartment does not require alteration or addition to the single-family dwelling in such a manner that there is any exterior change to the dwelling……..the only exception being for the installation of exterior doorways and means of egress. She said that changes to the exterior are planned.
Ms. MacNab pointed out that part of the lot is in the Aquifer Protection Overlay District, which could impact the number of bedrooms allowed. Ms. Stickney responded that how much of the house or septic system is in the APOD is unclear from the plans. A determination from a surveyor is needed.
Mr. Wilson said he would like to know how much of the driveway is existing vs. proposed, in order to evaluate the change in impervious coverage.
Ms. Scieszka commented that the proposed storage area has potential for developing into a bedroom space. If this is true, the accessory apartment would exceed the allowable 850 SF in area.
Mr. Kimball commented that the proposed egress is not to code. The door swings in instead of out. He agreed that the storage area should be added to the calculations.
Ms. Scieszka pointed out that there are no closets in the proposed bedroom, but there are closets in the storage unit, which further adds to its potential as a bedroom.
Ms. MacNab asked whether the assessor’s office has verified the existing use of the home. How many of the rooms are currently being used as bedrooms?
MOTION: Mr. Wilson made the following motion: The Planning Board recommends denial of this Special Permit application as presented for the following reasons: 1) ZBL Section 410.6.2 (a): Allows approval of an accessory apartment only when the accessory apartment does not exceed 850 SF in area. It appears that when the storage area is included, that the square footage exceeds allowable limits; 2) ZBL Section 410.6.2 (b): Allows approval of an accessory apartment only when there are no exterior changes to the dwelling (excepting means of egress). These plans call for a new deck with a roof; and 3) ZBL Section 410.6.2 (h): Allows approval of an accessory apartment only when no additions or alterations were constructed in the single-family dwelling
within five years of the special permit application. Reconstruction of the entire wing is planned. Furthermore, the Planning Board notes that a portion of the property is located within the Aquifer Protection Overlay District. A determination by the Building Inspector is needed as to how this impacts the allowable number of bedrooms in the dwelling. Ms. MacNab provided a second for the motion, which carried unanimously (5-0).
OTHER BUSINESS
Development Review Team Meeting of May 21, 2004: Minutes from the 5/21/04 DRT meeting were reviewed by the Board. The topic of the meeting was “Ways in the Town of Duxbury”. It was agreed to invite the DPW Director, Tom Daley, to a future Planning Board meeting, in order to further discuss the issues.
Minutes: Corrections to the minutes of 5/24/04 were made.
MOTION: Mr. Wilson made a motion to accept the Planning Board minutes of 5/24/04 as amended. Ms. MacNab provided a second for the motion, which carried unanimously (5-0).
ADJOURNMENT
The meeting was adjourned at 9:15 PM. The next meeting of the Duxbury Planning Board will be held on Monday, June 14, 2004 at 7:00 PM at the Duxbury Performing Arts Center (in conjunction with the Special Town Meeting).
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