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 2/9/04
The Planning Board met in the Town Office Building Monday, February 9, 2004.
Present: Peter Donahue, Chairman; Aboud Al-Zaim, James Kimball, George Wadsworth and Rob Wilson.
Absent: Amy MacNab, Clerk and Angela Scieszka.
Staff: Christine Stickney, Planning Director and Barbara Ripley, Administrative Assistant.
The meeting was called to order at 7:32 PM.
OPEN FORUM
Town Meeting Article for Planning Board Associate Member: Ms. Stickney reported that she spoke with Town Counsel about the issues raised at the public hearing. Town Counsel said that the article is in good standing as it is written. He said that there is nothing in the Duxbury Zoning Bylaw which specifies the number of Planning Board members. However, he said that if Planning Board members want to change the article, that he will work with the Board to do so.
Town Meeting Article for Gravel Parking: Ms. Stickney reported that Town Counsel said that the reference to pavement markings may be added at Town Meeting.
ANR PLAN OF LAND: ROONEY & COLEMAN/Gurnet Road
The son-in-law of Gertrude Rooney was present. Mr. Al Vautrinot, surveyor, was present, and stated that he was representing Commissioner Jan Whiting. Mr. Vautrinot explained that Commissioner Whiting has been given the responsibility to carry out an order from the Massachusetts Probate and Family Court Department. This order divides a ten-foot strip of land located between the Coleman and Rooney properties, which has
been in dispute for years. The Court ordered Mr. Whiting to have a plan prepared by a registered land surveyor, “as is or may be necessary pursuant to G.L. c. 41 & 81X or otherwise, in order to accomplish said division.” Mr. Vautrinot said that he did not believe he could file an 81-X plan, because he cannot certify that existing lot lines have not changed. Indeed, they have changed. Therefore, he said that an ANR plan seemed to be the way to accomplish the Court order.
Mr. Donahue and Mr. Wilson said that the plan does not meet the criteria for an ANR. Nonetheless, Mr. Wilson said that there must be some way for the court-ordered division to appear on a plan. He said that the best way to handle it would be to take no action. Therefore, the application would receive constructive approval in 21-days, and it would be the best way out of an awkward situation.
Mr. Al-Zaim disagreed. He said it is inappropriate to take no action on a plan that has come before the Board. He said that application has been made for an ANR, yet the plan does not meet ANR criteria. He said that the plan should be withdrawn, or the Board should deny it. He also said that the court has ordered the applicant to prepare a plan, but the Court has not ordered the Planning Board to sign an ANR plan.
Mr. Donahue said there are three options: 1) The applicant may withdraw; 2) The Planning Board may deny the application; or 3) The Board may allow the 21-day approval period to lapse, thereby effecting constructive approval. Mr. Donahue also suggested that the applicant could consider creating a perimeter plan.
Mr. Wilson made a motion to take no action on the plan before the Board. Mr. Wadsworth suggested that this is not an appropriate motion. Mr. Wilson withdrew the motion.
Ms. Stickney suggested that, if the applicant’s representative was agreeable to a mutual extension, that the matter be continued until the next Planning Board meeting (February 23 at 7:45 PM). This would afford time to consult with Town Counsel. Mr. Vautrinot agreed. A mutual extension form was signed, extending the decision date to March 3, 2004.
PUBLIC HEARING FOR 2004 ANNUAL TOWN MEETING ARTICLE: ESTABLISHMENT OF A WATERFRONT SCENIC AREA OVERLAY DISTRICT
The Public Hearing began at 7:55 PM. Mr. Donahue read the public hearing notice into the record. The following members of the Piers, Access, and Shoreline Study (PASS) Committee were present: Bill Tenhoor (Chairman), Peter Roveto, and John Hagerty. Four additional members of the public were present.
Mr. Tenhoor explained that the article seeks to create a Waterfront Scenic Area Overlay District (WSA). Mr. Tenhoor displayed a plan showing that 296 waterfront parcels comprised the study area. Seven areas were identified that provide scenic access to the Bay. He further explained that an accompanying Town Meeting article establishes criteria for pier construction. The proposed criteria within the WSA are stricter.
Ms. Stickney explained that the PASS committee originally proposed one Town Meeting article. However, Town Counsel advised that two articles were needed: one to establish the district and a separate one to establish pier construction criteria, through amending the protective zoning bylaw.
Mr. Tenhoor provided answers to Mr. Wadsworth’s questions about the WSA area near the Bluefish River, and about the space between boards on plank walks. Mr. Tenhoor explained that much of the construction criteria comes from Army Corps of Engineers standards.
Mr. Donahue noted that the only regulations currently proposed for the WSA concern pier construction. He said that there is nothing to prohibit other types of view-obstructing construction, such as brick walls. Mr. Tenhoor concurred with this.
Mr. Tenhoor also noted that the proposed bylaw only pertains to piers for residential properties, not commercial or Town-owned properties.
Mr. Donahue expressed concern that the pier construction criteria do not allow for the construction of piers that are ADA (Americans with Disabilities Act) compliant. He noted that the ADA is a Civil Rights Act. He is concerned about the Town being at risk of a lawsuit if the Town passes a bylaw which prohibits the construction of piers that would meet ADA criteria. Mr. Donahue said that he had made these comments during the last time that PASS came before the Planning Board, but does not see that the issue has been resolved. He said that he would want to see an opinion from Town Counsel before he could support the proposed articles.
Since it was difficult to discuss the articles separately, it was agreed to open the second public hearing simultaneously.
PUBLIC HEARING FOR 2004 TOWN MEETING ARTICLE: AMENDMENTS TO ZONING BYLAW REGARDING PIERS
The public hearing was opened at 8:22 PM. Mr. Al-Zaim made a motion to waive the reading of the public hearing notice. Mr. Kimball provided a second for the motion, which carried unanimously (5-0).
Mr. Jackson Kent,1351 Tremont Street, commented that piers within the WSA are only allowed to have a mid-rail member no greater than ¼ - inch, viewed horizontally. He said that this could be a safety and building code problem for piers raised three-feet or more over the ground. Mr. Kent also noted that there is nothing in the proposed bylaw which prevents the wooden piers from being painted pink, or some other “objectionable” color. Mr. Kent objected to the proposed section 404.20(7) which requires piers, floats, and gangways to be made of wood. He said that aluminum is an excellent material for gangways.
Mr. Peter Roverto replied that when the sun hits the aluminum, it can be unsightly.
Mr. Wadsworth made a motion to continue the public hearings on the proposed Waterfront Scenic Overlay District and on the proposed changes to the zoning bylaw regarding piers to March 1, 2003 at 7:45 pm.
Before the vote was taken, Mr. Kent said that abutters of the proposed overlay district have not been notified. It was agreed that the PASS Committee would notify abutters by regular mail.
Mr. Malcolm MacDonald, 165 King Caesar Road, objected to section 404.20(4) which requires that seaward piles shall not extend more than 2-feet seaward of the salt marsh except to allow the attached float to be located seaward of any vegetation.
A vote was taken on the motion to continue the public hearings. The vote was unanimous in favor of the motion (5-0).
PUBLIC HEARING FOR 2004 ANNUAL TOWN MEETING ARTICLE: ESTABLISHMENT OF AN AFFORDABLE HOUSING TRUST FUND
Mr. Wadsworth made a motion to waive the reading of the public hearing notice. Mr. Wilson provided a second for the motion, which carried unanimously (5-0).
There were two members of the general public present.
Ms. Stickney explained that this article would authorize the Board of Selectmen to petition the State to create an Affordable Housing Trust Fund for the Town of Duxbury. It does not seek to change the zoning bylaw. Ms. Stickney said that CPZBIC had proposed that developers could make a cash payment to the Town, for the purpose of developing affordable housing, in lieu of providing an affordable unit(s) in developments of six or more lots. However, this suggestion was struck down on the Town Meeting floor because no provision had been made for where that money should go. This Town Meeting article addresses that problem.
Ms. Stickney explained that a separate Town Meeting article seeks to create the cash payment “in lieu of”. Mr. Al-Zaim questioned whether the second article should wait, just in case the first one does not pass Town Meeting, or does not meet with success at the State level. Ms. Stickney said that her opinion is that it is best to move forward with both articles.
Ms. Beverly Walters, 422 Washington Street, questioned why Community Preservation Act (CPA) funds were included in the list of possible sources for monies within the Affordable Housing Trust Fund. She commented that every purchase made with CPA funds has to be approved by Town Meeting. Ms. Stickney explained that, if Town Meeting authorized CPA funds to be used for a project, the CPA funds could be transferred to the Affordable Housing Trust to facilitate making the purchase in combination with other funds.
Mr. Donahue commented that this seems like a good way to get all the housing interests together.
Mr. Wadsworth made a motion to close the public hearing for the Affordable Housing Trust Fund. Mr. Al-Zaim provided a second for the motion, which carried unanimously (5-0).
Mr. Wadsworth made a motion to recommend Town Meeting approval of the article creating an Affordable Housing Trust Fund. Mr. Wilson provided a second for the motion, which carried unanimously (5-0).
PUBLIC HEARING FOR 2004 TOWN MEETING ARTICLE: AMENDMENTS TO SECTION 560 OF THE ZONING BYLAW (INCLUSIONARY HOUSING)
Mr. Donahue read the public hearing notice into the record.
There were two members of the general public present.
Mr. Donahue explained that this proposal came before the Planning Board on January 12, 2003. At that time, the Planning Board recommended several changes. Ms. Stickney said that the changes were made, as suggested.
Mr. Wilson asked whether Town Counsel had seen the proposed article. Ms. Stickney replied that Town Counsel had approved the wording of the proposed article.
Mr. Wadsworth commented that fluctuations in home prices can be missed with the schedule which determines the value that a developer must set aside if he chooses the “in lieu of” option. Members of the Board agreed that some fluctuations will inevitably be missed, but that a cut-off date for determining the price, must be established.
Mr. Wadsworth made a motion to close the public hearing on the changes to Section 560 of the Duxbury Zoning Bylaw. Mr. Kimball provided a second for the motion, which carried unanimously (5-0).
Mr. Wilson made a motion to recommend Town Meeting approval of the article proposing amendments to Section 560 of the Zoning Bylaw (Inclusionary Housing). Mr. Wadsworth provided a second for the motion, which carried unanimously (5-0).
OTHER BUSINESS
Duxbury Farms Comprehensive Permit Application: Correspondence from the Town’s consulting engineer was noted. This correspondence addressed emergency water supply issues in the vicinity.
Proposed Development in Pembroke (The Crossroads): Ms. Stickney provided the Board with an Environmental Notification Form for the proposed project. She noted that the 41-unit development on 107 acres is entirely located within Pembroke. However, she also noted that several Duxbury intersections will be affected. Ms. Stickney was asked to contact the Pembroke Planning Board to advise them that Duxbury Planning Board members may wish to attend hearings on the proposal.
Minutes: Mr. Wilson made a motion to accept the minutes of 2/2/04 as written. Mr. Wadsworth provided a second for the motion, which passed unanimously (5-0).
Community Preservation Committee: Mr. Wadsworth reported that Mr. Steve Jones has been dissuaded from trying to divert CPC funds to the Duxbury schools.
Business Link/Unpaid Bill: Staff provided Mr. Donahue with a copy of a “Statement of Small Claim” and “Notice of Trial” from the Trial Court of Massachusetts, in which Ms. Laurien Enos of Business Link has brought suit against the Planning Board. The materials were forwarded to Town Counsel for review and advice.
ADJOURNMENT
The meeting was adjourned at 9:33 PM. The next meeting of the Duxbury Planning Board will be held on February 23, 2004 at 7:30 PM in the Duxbury Town Offices.
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