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 04/05/04
The Planning Board met in the Town Office Building Monday, April 4, 2004.
Present: George Wadsworth, Chairman; Angela Scieszka, Clerk; Aboud Al-Zaim, John Bear, James Kimball and Rob Wilson.
Absent: Amy MacNab, Vice-Chairman.
Staff: Christine Stickney, Planning Director and Barbara Ripley, Administrative Assistant.
The meeting was called to order at 7:36 PM.
OPEN FORUM
No items were discussed.
PLANNING BOARD DISCUSSION: WHITEPINE LANE
Ms. Stickney said that this discussion session was planned to monitor progress on Whitepine Lane. Outstanding items include landscaping and bound location. However, Mr. Yoon has not responded to repeated attempts to reach him by telephone. Ms. Stickney said that staff would send a certified letter to Mr. Yoon.
SPECIAL PERMIT RECOMMENDATION: DUXBURY REALTY TRUST/ 15 Depot Street
The applicants are seeking relief via a Special Permit under ZBL Section 604.1 to erect a 5’ x 4’ (approx.) sign for the business at 15 Depot Street (Coldwell Banker Real Estate office). Ms. Stickney provided a memorandum to the Board, dated 4/1/04, stating her concerns about site visibility for vehicles in the area, given the curb cuts and turning movements in a very short span of roadway. Mr. Kimball, who is also a member of the Design Review Board, stated that the sign is way out of scale for the area. It was noted that ZBL Section 601.6.6 (Sign Regulations/Dimensional Requirements) allows a maximum area of twenty-five square feet for freestanding signs, with a maximum height of twelve feet and a minimum height above the ground of thirty inches.
Ms. Scieszka questioned the need to have a freestanding sign when the applicant already has the ability to put a sign on the front and side of the building. Mr. Bear commented that approval of this sign request would promote clutter in the area.
Ms. Scieszka made a motion to send the following recommendation to the Zoning Board of Appeals: The Planning Board recommends denial of the Special Permit Request by Duxbury Realty Trust for a freestanding sign at 15 Depot Street. The Planning Board sees a potential for setting a precedent for cluttering the area with signs. Also, there is a concern for site visibility for vehicles in this area given the curb cuts and turning movements in a very short span of roadway. The Planning Board notes that the applicant currently has a sign on the front of the building. Mr. Wilson provided a second for the motion, which carried unanimously (6:0).
SPECIAL PERMIT RECOMMENDATION: HEAP REALTY TRUST/ 130 King Caesar Road
The applicants are seeking relief to demolish an existing structure (built approx. 1930’s) and rebuild a new non-conforming structure. Ms. Stickney provided a memorandum to the Board, dated 4/1/04, recommending denial of the Special Permit request. She stated that there are no hardships that would warrant approval to demolish, rebuild and expand a non-conforming structure. Furthermore, she noted that emergency access to the structure is problematic.
Comments and questions from the Board centered on the nature of the way from which the existing structure takes its access. Access is shown via a “right-of-way” on the plan that is paved in the field. No explanation of how the way was created is provided with the application. The access is extremely narrow – passable by only one car. There does not appear to be an opportunity to improve the way. Furthermore, it appears that the applicant has measured the front setback from the center of the right-of-way. The appropriateness of this cannot be evaluated without more information about the ROW. Mr. Al-Zaim noted that the ROW is also included in the lot area calculations. He questioned how it could also be used for setback calculations.
Mr. Wilson noted that the Board of Health may be concerned that the septic system is too close to the lot line.
Ms. Scieszka noted that there is a large increase in lot coverage and size. Neighborhood impacts should be considered.
It was decided to ask the applicant’s engineer to come before the Planning Board to answer questions about the ROW, setbacks, and lot area calculations, prior to making a final recommendation to the Zoning Board of Appeals.
ANR PLAN OF LAND: ZAVERUCHA/Island Creek Road
The applicant added language to the plan as required by the Planning Board at their last meeting. The Planning Board endorsed the plan.
OTHER BUSINESS
Brewster Commons Comprehensive Permit Application: Ms. Stickney provided a draft memorandum of Planning Board comments to the ZBA regarding the Traffic Study provided by the developer. Board members approved the memorandum.
Chapter 61A Land--West Street (Jaycox Property)--Notice to Sell: The applicants have notified the Town of a pending purchase and sales agreement for acquisition of the above property for $600,000. Under M.G.L. Chapter 61A, the Town has the right of first refusal for the property. Ms. Stickney provided a memorandum to the Board, dated 4/2/04. She recommended that the Planning Board consider all of the potential uses for the property prior to making a final recommendation about the purchase.
Mr. Wadsworth stated that it is extremely likely that the Community Preservation Committee will recommend that the Town purchase the property. He noted that if the Town does buy the property, it would be the first time that the Town has ever purchased property under the provisions of Chapter 61A.
Mr. Al-Zaim noted that the purchase and sale agreement is contingent upon the Town of Duxbury Planning Board approving two ANR lots utilizing the existing frontage on West Street, and that the buyer can obtain approval for two building lots from all Town agencies. Ms. Stickney said that there was an appraisal done for the Town in 2000 which indicated that two lots would be possible. Mr. Wadsworth asked staff to obtain a copy for Planning Board members. Ms. Stickney said she is not certain that the appraisal has been made public, but if so, she would get it for the Board. Ms. Stickney noted that there are two locations on the property that could be considered for house lots. The easterly location looks ok. However, the westerly location may have problems meeting the requirement for the 150’ building
circle, and may also have problems with the “50-foot rule” for lot area calculation.
Board members requested that the matter be put back on the agenda for April 26. They requested that Ms. Stickney investigate the potential of the westerly location for a building lot, and gather information from other Boards where possible.
Sprague Farm: The applicant has requested as-built approval and release of all remaining funds (performance bond and engineering review escrow). Ms. Stickney reported that the only outstanding item in the subdivision was the replanting of trees in the entrance. This has been accomplished. Mr.Wilson made a motion for as-built approval of the subdivision. Mr. Kimball provided a second for the motion, which carried unanimously (6:0). The As-Built plan was endorsed by the Board.
Mr. Al-Zaim made a motion to release all remaining escrow and performance bond funds for the subdivision. Mr. Wilson provided a second for the motion, which carried unanimously (6:0).
Associate Member(s) of the Planning Board: Ms. Stickney said that she hopes to get approval from the Attorney General for this within a month or two. The Board discussed whether or not to contact former candidates for the Planning Board about the open position(s). It was decided that the Board should not show favoritism, but use general advertisements available to all.
Community Preservation Funds: Mr. Wadsworth explained that there is now a movement afoot to take the surplus in the State’s Community Preservation Fund and direct it to other grant opportunities for non-CPA communities. Mr. Wadsworth said that this would have a negative impact on CPA Communities like Duxbury, because this would make fewer matching funds available over the long-term. Mr. Wadsworth offered to write a letter to our state legislators on behalf of the Planning Board, opposing the diversion of CPA funds to non-CPA communities. The Board agreed to forward a letter, expressing their concerns.
Subdivision Update/Brook Road: The developer, Mr. Chafik Hamadeh, provided a letter to the Board, dated 3/25/04, stating that the only remaining item is the final paving of Brook Road. He said that while the Board prefers to have all houses constructed prior to final paving, that there are no plans for sale of and/or construction on the third lot (35 Brook Road) at this time. So, he would like to complete the paving prior to construction of the third lot. Board members agreed that since this is a private road, any damage to the roadway from future house construction will be a matter for members of the homeowners’ association, not the Planning Board.
Minutes: Mr. Wilson made a motion to accept the minutes of 3/29/04 as written. Mr. Al-Zaim provided a second for the motion, which carried unanimously (6:0).
Andresen property (Franklin Street): Ms. Andresen provided a memorandum to the Planning Board, dated 4/2/04, requesting to come before the Board for an informal discussion of her effort to obtain another building lot. She would like to subdivide her existing bog property, and create another building lot by using frontage on Congress Street. Access would be via a cranberry bog work road, with actual daily access coming from an easement off Franklin Street. Board members said that Ms. Andresen is welcome to come to the open forum portion of any Planning Board meeting and present her idea for informal discussion.
ADJOURNMENT
The meeting was adjourned at 9:20 PM. The next meeting of the Duxbury Planning Board will be on Monday, April 12, 2004 at 7:30 PM, in the Duxbury Town Offices.
(Note: The April 12 meeting was subsequently cancelled. The next meeting of the Duxbury Planning Board will be on April 26, 2004.)
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