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.
Town of Duxbury
Massachusetts
Planning Board
Minutes 11/07/05
(Approved 11/28/05)
The Planning Board met in the Town Office Building, Monday, November 7, 2005.
Present: Amy MacNab, Chair; George Wadsworth, Vice-Chairman; Angela Scieszka, Clerk; Aboud Al-Zaim; John Bear; James Kimball; and Robert Wilson (departed at 7:35 PM).
Absent: Associate Members Douglas Carver and Harold Moody.
Staff: Christine Stickney, Planning Director; and Diane Grant, Administrative Assistant.
The meeting was called to order at 7:32 PM.
OPEN FORUM
Resignation - Mr. Wilson informed the Board that he is resigning in order to pursue a musical hobby and distributed a letter of resignation dated November 3, 2005. Ms. MacNab thanked Mr. Wilson for his service and contributions to the Board for the past ten years, and noted that he will be missed. Mr. Wilson reported that he had notified the Local Housing Partnership and the Economic Advisory Committee of his resignation as Board liaison. He recused himself from further discussion and departed with well wishes from the Board.
Vacancy – Ms. MacNab and Ms. Stickney suggested a timeline for posting the vacancy and soliciting letters of interest. The Board agreed that notices will run in the Duxbury Clipper and Duxbury Reporter this week and also the weeks of November 13 and 20, with a deadline of November 25, 2005 for submitting letters of interest. Ms. Stickney proposed a joint meeting with the Board of Selectmen on December 5, 2005 for an appointment to fill Mr. Wilson’s position until Town elections on March 25, 2006.
Mr. Bear asked about the process as it relates to the Board’s Associate Members, and Ms. MacNab advised that to be fair the process should be the same for everyone. Ms. MacNab noted that Mr. Wilson’s resignation left vacancies on the Land Use Board, the Economic Advisory Committee, and the Local Housing Partnership. She stated that those positions need to be filled quickly to avoid quorum issues. Mr. Bear volunteered to represent the Board on the Economic Advisory Committee, and Ms. Scieszka volunteered to represent the Board on the Local Housing Partnership. Ms. MacNab noted that she currently serves on the Land Use Board along with Mr. Wilson, and Mr. Wadsworth volunteered to take Mr. Wilson’s position. Ms. Stickney said that staff would notify the Board of Selectmen and the Town Clerk of Mr. Wilson’s resignation, as well as the new appointments.
South Shore Coalition - Ms. Scieszka reported that the South Shore Coalition will be making a public presentation on Smart Growth on Thursday, November 17, 2005. She offered to provide more information to staff to be distributed to the Board by email.
PRESENTATION BY HOUSING ADVOCATES RE: LINCOLN STREET
Present for the discussion were Mr. Stephen Dubuque and Ms. Beverly Walters of Housing Advocates, Inc. They distributed copies of a sixteen-page document, “Lincoln Village: A Conceptual Plan for Clustered Affordable Housing” dated November 2005. Ms. Walters explained that the document provides an explanation of the concept, and that this project is considered a work in progress.
Ms. Scieszka requested background information, which was provided by Ms. Walters. She stated that in 1988, Annual Town Meeting designated two parcels for development as an affordable housing project. At that time the developer was not able to obtain project funding.
Ms. Walters stated that Housing Advocates’ proposal to the Board of Selectmen will be to lease the land in order to keep costs down and also so that the Town could maintain control. She stated that project reflects input from public hearings and affordable housing survey results, and considers the 2003 Zoning Bylaw changes and 2004 Community Development Plan. She described the proposed plan to build a combination of single, duplex and triplex dwellings for a total of 25 units. In a unique approach, a person or family could purchase an entire unit and rent the adjoining unit. She credited architect Dennis Nolan for his pro bono work on this proposal.
Ms. MacNab asked about the requirements to be considered a candidate for affordable housing, and Ms. Walters replied that income would be the determining factor. She referred to the table included in the proposal document with recommended income requirements. She stated that their goal is to make the units 100% affordable housing. Mr. Dubuque added that this proposal meets the housing needs of the elderly and young families who are currently not able to find affordable housing in the Town of Duxbury.
Mr. Al-Zaim asked about the proposed 25 units, which would exceed the 20-unit limit set at 1988 Annual Town Meeting. Ms. Walters responded that the article may need an amendment.
Ms. MacNab asked about the timeline for moving forward, and Mr. Al-Zaim asked for a step-by-step accounting of the process. Mr. Dubuque explained the process as follows:
§ Transfer of the land to Housing Advocates, Inc
§ Pre-development funding approval from the Community Preservation Committee
§ Annual Town Meeting approval for funding
§ Interviewing architect, attorney and engineer
§ Presenting pre-development plans to the Board and to other appropriate land use boards.
Mr. Dubuque noted that Housing Advocates, Inc. would be the developer and intends to work in partnership with South Shore Housing Development. Mr. Bear noted that this proposal represents a good start at addressing affordable housing issues, and asked about handicap accessibility. Mr. Dubuque replied that current plans provide “universal design,” where single story units would be accessible and that all units would allow for handicap visiting access. He said that they had not determined the exact percentage of handicap accessibility at this point.
Mr. Wadsworth questioned the apparent focus on senior housing in this proposal, and asked if the focus should be on young families instead. Ms. Walters advised that the senior population in the Town of Duxbury has increased as a percentage of total population. Ms. MacNab asked if there would be any age restrictions, and Ms. Walters said there would not be.
Ms. MacNab noted that this proposal represents a different approach than the 1988 Annual Town Meeting warrant, and that the cost to the Town is significantly higher. She also noted that the Town is aiming for a goal of ten percent affordable housing, and the cost may exceed the range of what is considered affordable. Ms.Walters responded that the Town would be receiving new property tax income from homeowners, and that they are targeting 100 percent affordable housing for this project. Ms. MacNab stated that this proposal represents a good start and requested that Housing Advocates Inc. return to provide updates as plans progress. Ms. Scieszka added that this proposal is a step in the right direction. Ms. Walters thanked the Board for their time, and she and Mr. Dubuque departed the meeting.
CONTINUED PUBLIC HEARING/DEFINITIVE PLAN FOR INGALL’S GROVE/OFF BAY ROAD (DENYER)
Present for the discussion were Mrs. Steven Denyer, applicant, and Mr. Chris Gallagher, the applicants’ consulting engineer. Ms. MacNab opened the public hearing. Ms. Scieszka read the public hearing notice and correspondence list into the public record:
§ Certificate of Notification dated 11/07/05.
§ Operation and Maintenance Plan, Stormwater Management System received in the Planning Office on 11/04/05.
§ Erosion Control Plan received in the Planning Office on 11/04/05.
Ms. MacNab asked if all outstanding issues had been resolved with Town consulting engineer, Mr. Thomas Sexton, and Ms. Stickney replied that they had. Ms. MacNab referenced the Operation and Maintenance Plan and Erosion Control Plan and noted that they were submitted in lieu of a homeowner’s association agreement. Ms. Stickney noted the condition that the Lot 2 owner has responsibility for maintenance of the roadway.
Mr. Al-Zaim stated his opinion that the maintenance plans would be difficult to enforce. There are no consequences if conditions are not met, and therefore homeowner’s rights are not protected. The Board concluded that it would be preferable to proceed with the maintenance plans rather than request a homeowner’s association. Al-Zaim stated that he would prefer to review the revised maintenance plans before approving the project. The Board discussed several revisions. Ms. Stickney was asked for town engineer Mr. Thomas Sexton’s comments. The Board agreed that continuing the hearing would allow time for Mr. Sexton’s input and for final revisions.
Votes were taken on the waivers to the 2002 Subdivision Rules and Regulations which were requested by the applicants.
1. MOTION: Mr. Wadsworth provided a motion to approve a waiver, granting relief from Section 5.3.2.1b that requires the plan to show all locations of abutting structures, buildings, driveways, etc. within three hundred (300) feet of the parcel proposed for the subdivision. Ms. Scieszka provided a second for the motion. There was no discussion.
VOTE: The vote carried 5:0, with an abstention from Mr. Kimball.
2. MOTION: Mr. Wadsworth provided a motion to grant relief from Section 5.3.5 and 7.3.11 requiring installation of a street light at the intersection of Ingall’s Grove and Bay Road. Ms. Scieszka provided a second for the motion. There was no discussion.
VOTE: The vote carried 5:0, with an abstention from Mr. Kimball.
3. MOTION: Mr. Bear provided a motion to grant relief from Section 7.3.4d requiring a 200 foot separation of streets entering opposite sides of another street. Ms. Scieszka provided a second for the motion. There was no discussion.
VOTE: The vote carried 5:0, with an abstention from Mr. Kimball.
The Board then discussed the Conditions of Approval, providing edits to the document. One revision added the requirement that the operations and maintenance plan and the erosion control plans be recorded at the Registry of Deeds. Mr. Al-Zaim addressed the subject of allowing the two current buildings to remain on one lot. He stated his opinion that Ingall’s Grove is a three-dwelling, two-lot subdivision. Ms. MacNab replied that the draft conditions provide assurance that the Board is not creating a zoning infraction.
MOTION: Mr. Wadsworth made a motion to close the public hearing for the Ingall’s Grove subdivision off Bay Road proposed by Mr. Steven Denyer. Mr. Bear provided a second for the motion.
VOTE: The vote carried unanimously (6:0).
MOTION: Mr. Wadsworth made a motion to approve the subdivision Ingalls’Grove as shown on Title Sheet, Ingall’s Grove Definitive 2 Lot Subdivision Proposed Road Length = 227.2” dated 06/24/05, revised 08/05/05, 09/02/05 and 10/06/05, stamped by Chris J. Gallagher (RPE) of Gallagher Engineering, Inc., 6 sheets, with conditions as drafted and subject to an Operation and Maintenance Plan Stormwater Management System and and Erosion Control Plan. Mr. Bear provided a second for the motion. There was no further discussion.
VOTE: The vote carried 4:2, with Mr. Al-Zaim and Mr. Kimball voting against.
ZBA RECOMMENDATION – 26 OCEAN AVENUE (RIAZ)
Present for the applicant was builder Mr. Shawn Dahlen, who presented the proposed plans. He said that the plan is to raze a small laundry and bath area and reconstruct similar-sized facilities. He stated that the current structure is failing and that the existing structure is non-conforming because it is within four feet of the side lot line. Mr. Dahlen then described the plan to the Board in more detail. He said that the overall increase was 23 square feet.
Ms. MacNab noted that the building site coverage would increase from 33% to 34% with this proposed plan. Mr. Wadsworth stated that if the proposed roof were removed from the plan, there would be no increase. Mr. Bear noted that a one-percent increase is insignificant and that there is nothing the Board can do to reduce non-conformity. Mr. Al-Zaim agreed. Ms. Scieszka stated that the volume increase should be noted to the Zoning Board of Appeals. Mr. Dahlen noted that the dwelling is in character with the neighborhood.
Ms. MacNab called for a motion.
MOTION: Mr. Kimball made a motion to defer judgment on the 26 Ocean Avenue special permit application to the Zoning Board of Appeals, noting the Board’s concern over the increase in non-conformity of the building site coverage. Mr. Bear provided a second for the motion. There was no further discussion.
VOTE: The motion carried unanimously (6:0).
AS-BUILT APPROVAL/DEER RUN (Deadline 11/01/05)
Ms. Stickney noted that the engineers are still waiting for the grass to grow. She expressed concern over the drainage basin and the road shoulders. She suggested extending the deadline to mid-December.
MOTION: Mr. Wadsworth made a motion to extend the Deer Run Subdivision completion date to January 1, 2006. Ms. Scieszka provided a second for the motion.
DISCUSSION: Mr. Kimball asked if the Staff is holding a surety and Ms. Stickney replied that there is a bond of $8,250.00. Ms. MacNab noted that the applicants could be invited to return to make sure the grass had grown.
VOTE: The motion carried unanimously (6:0).
AS-BUILT APPROVAL/PRATT CIRCLE (Deadline 11/08/05)
Ms. MacNab noted that there had been no progress regarding the property owners’ approval of a homeowner’s agreement. She noted that Ms. Stickney had consulted with Town Counsel Atty. Robert Troy for advice on how to move forward. Ms. MacNab recommended that the discussion be deferred until the next meeting. Ms. Stickney noted that the completion date would need to be extended.
MOTION: Mr. Wadsworth made a motion to extend the Pratt Circle completion date to November 30, 2005. Mr. Kimball provided a second.
DISCUSSION: Mr. Al-Zaim noted that the applicant’s counsel had not handled the situation as he said he would. He asked if the Board could notify the homeowners. Ms. MacNab advised that the Board should not get involved because it is not their responsibility, and should instead work with Town Counsel to resolve the situation. Ms. Scieszka agreed.
VOTE: The motion carried unanimously (6:0).
OTHER BUSINESS
The Board agreed to defer other business until the next meeting.
ADJOURNMENT
MOTION: Ms. Scieszka made a motion to adjourn. Mr. Al-Zaim provided a second, and the motion passed unanimously (6:0).
The Planning Board meeting was adjourned at 9:47 PM. The next meeting of the Duxbury Planning Board will be held on Monday, November 14, 2005 at 7:30 PM in the Duxbury Town Offices.
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