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 11/14/05
(Approved 11/28/05)
The Planning Board met in the Town Office Building, Monday, November 14, 2005.
Present: Amy MacNab, Chair; George Wadsworth, Vice-Chairman; Angela Scieszka, Clerk; Aboud Al-Zaim (arrived at 7:50 PM); John Bear; and Jim Kimball. Also present was Associate Member Douglas Carver (arrived at 7:55 PM).
Absent: Associate Member Harold Moody.
Staff: Christine Stickney, Planning Director; and Diane Grant, Administrative Assistant.
The meeting was called to order at 7:34 PM.
OPEN FORUM
3% Rule - Mr. Kimball suggested that the Board consider drafting a warrant for Annual Town Meeting to eliminate the 3% bonus on construction for non-conforming lots. Ms. MacNab noted that some property owners consider it an incentive to increase their dwelling size. Mr. Wadsworth suggested that a percentage limit be placed on site coverage. He asked staff to provide information on the number of existing applications, the number applied for, and the number granted since the 3% bylaw went into effect on July 01, 2003. Ms. Scieszka noted that it will take time to garner support for a change, and Ms. Stickney pointed out that there are some Town residents who are seeking an Annual Town Meeting warrant for the opposite approach.
Island Creek – Ms. Scieszka reported that at the Local Housing Partnership meeting she attended last week, Mr. Mark Epker of Keith Management presented a preliminary plan for proposed additional affordable apartment units, along with a new waste treatment plant. She reported that Mr. Epker would like to present his plans to the Board for preliminary review before the Zoning Board of Appeals hearings.
Affordable Housing – Ms. Scieszka reported that the Local Housing Partnership would like to meet with the Board to discuss. The Board agreed to create an agenda for discussion at its next meeting.
OTHER BUSINESS
Because it was not yet the appointed time for the Public Hearing, Ms. MacNab directed the Board to Other Business.
Payment of Engineering Invoices
MOTION: Mr. Wadsworth provided a motion, which was seconded by Ms. Scieszka, to pay the following Amory Engineering invoices:
§ Invoice #11028A in the amount of $406.50 for services related to Deer Run
§ Invoice #11028B in the amount of $1,062.75 for services related to 104 Tremont Street (DEESUL).
VOTE: The motion carried unanimously (6:0).
MOTION: Mr. Wadsworth provided a motion, which was seconded by Mr. Kimball, to pay the following Mainstream Engineering invoices:
§ Invoice #20684 in the amount of $221.00 for services related to Pratt Circle
§ Invoice #20685 in the amount of $923.00 for services related to Ingall’s Grove.
DISCUSSION: Mr. Al-Zaim objected to charges for clerical work at engineering rates. He requested staff to pursue a Request for Proposal for additional town consulting engineers. Mr. Kimball suggested that staff advise Mr. Thomas Sexton of Mainstream Engineering that the Board does not intend to pay engineering rates for clerical work in the future. Ms. MacNab advised staff to do so.
VOTE: The motion carried with a vote of 5:1, with Mr. Al-Zaim voting against.
Meeting Minutes
MOTION: Mr. Kimball provided a motion, which was seconded by Ms. Scieszka, to approve the October 17, 2005 Board meeting minutes as amended. There was no further discussion.
VOTE: The motion carried 5:0:1, with Ms. MacNab abstaining because she was not present for the October 17, 2005 meeting.
CONTINUED PUBLIC HEARING/DEFINITIVE PLAN, CEDAR TREE FARM/
OFF CONGRESS STREET (ANDRESEN)
Ms. MacNab opened the public hearing at 8:08 PM. Ms. Scieszka read the following correspondence into the public record:
§ Minutes of the 08/22/05 Planning Board meeting
§ Revised plan dated 08/28/05 from Vautrinot Engineering
§ Letter dated 10/12/05 from John E. Bowser, Acting Deputy Fire Chief, to Ms. Amy MacNab, Planning Board chairperson re: access
§ Conservation Restriction draft dated 10/13/05
§ Letter dated 10/20/05 from Atty. Roland Gray, III to Christine Stickney and Joseph Grady re: Conservation Restriction
§ Staff memo dated 10/20/05 re: Conservation Restriction
§ Mutual Extension Form continuing public hearing until 11/14/05.
Present for the discussion were the applicants, Mr. and Mrs. John Andresen II; the applicants’ attorney, Peter Brooks; and the applicants’ engineer, Mr. Al Vautrinot. Atty. Brooks apologized to the Board for the communications issues which have delayed progress. Atty. Brooks stated that his clients had come to terms with staff concerning language in the Conservation Restriction that would protect the Town from recording the document without a building permit. Revisions to language in the Conservation Restriction were discussed. Atty. Brooks acknowledged that it would be the applicants’ responsibility to record the Conservation Restriction at the Registry of Deeds. Ms. MacNab stated that the document will need Town Counsel review and received assurance from the applicants that they had no issue with using
escrow funds for this review.
Atty. Brooks referenced additional miscommunication issues with Conservation Administrator Mr. Joe Grady. Ms. MacNab advised the applicants that they need to satisfy the Conservation Commission on terms of the Conservation Restriction before the Board will consider subdivision approval. Ms. Stickney recommended that the applicants draft a single document for submittal rather than multiple drafts. She said that she would discuss the situation with Mr. Grady and recommended that Atty. Brooks send the revised draft to Mr. Grady toward the end of the week.
Mr. Bear asked if there was any precedent for the Board not being the recorder, and Ms. Stickney replied that this is a unique case because other Conservation Restrictions have been part of a land conveyance. Mr. Wadsworth pointed out that asking the applicants to record the document would expedite the process.
Mr. Wadsworth and Mr. Al-Zaim stated their concerns with tying the subdivision approval to the building permit. Ms. MacNab noted that the reason for this unconventional approach is to accommodate applicants who are willing to grant a Conservation Restriction to the Town for public benefit. Ms. Stickney advised that the Planning Department normally signs off on the building permit. Ms. Scieszka noted her concern that with a two-year time limit for subdivision completion, the recording might be overlooked. Ms. Stickney suggested that the Definitive Decision include conditions that stipulate that the Conservation Restriction would need to be recorded.
Ms. Stickney noted correspondence from Atty. Roland Gray, III, trustee, granting the applicants permission to place a Conservation Restriction on the property. Ms. MacNab asked Mr. Vautrinot if there were any revisions to the proposed plans, and Mr. Vautrinot responded that the plans have not changed.
Ms. MacNab stated that the next step would be for the applicants to obtain approval for the Conservation Restriction before the Board would consider granting approval for the subdivision. She noted that the Town Counsel document review would take place after the Conservation Restriction is approved by the Conservation Commission.
MOTION: Mr. Wadsworth provided a motion, which was seconded by Mr. Kimball, to extend the public hearing for Cedar Tree Farm/Off Congress Street until December 19, 2005 at 8:00 PM, and to exend the subdivision decision date to January 31, 2006. There was no discussion.
VOTE: The motion carried unanimously (6:0).
ZBA RECOMMENDATION/ 36 LANDING ROAD (SCOTT)
Ms. MacNab invited the applicant, Mr. Harry Scott, to present his plan to raze an existing structure and construct a two-story dwelling. Ms. MacNab advised the applicant that the Board does not make any decisions regarding his application, and that the Zoning Board of Appeals would make the final decision.
Mr. Scott noted that the proposed dwelling covers essentially the same footprint as the existing structure, with a 14’ X 14’ addition on the left rear corner. Mr. Wadsworth confirmed with Mr. Scott that the proposed building site coverage had increased 11.8%, from 1,000 square feet to 1,118 square feet. Mr. Scott noted that this plan represented his third proposal, from a 3 ½ story to a 2 ½ story, to the current 2 story dwelling. He said that the current plan is in character with the neighborhood.
Mr. Wadsworth asked if the concrete driveway is to be removed, and Mr. Scott replied that because it is located on the neighbor’s lot, it will need to be removed. Ms. Scieskza asked if the applicants planned to put in a shell driveway on the public way, and Mr. Scott replied that they planned to place the shells where grass is currently growing. Ms. MacNab pointed out that the applicants’ plan is to park on Town-owned land. She stated that this would represent a public hardship for residents attempting to park on the street to access the Town beach located at the end of the street. Ms. Scieszka objected to the proposed driveway on public land.
MOTION: Mr. Wadsworth made a motion, and Mr. Kimball provided a second, that the Board defer judgment to the Zoning Board of Appeals regarding 36 Landing Road, with the following comments:
1. Landing Road is an accepted public way and provides resident access to Duxbury Bay with limited public parking available. The Planning Board is concerned with the legitimizing of private use through improvements within the public layout to accommodate residential parking that should be off-street pursuant to the Protective Bylaws.
2. A sketch of the proposed driveway should be presented to the ZBA for better understanding.
3. The proposed building site coverage is being increased by 11.8%.
4. The Board recommends the ZBA to refer to 2005 case law, Bransford et. al vs. ZBA Edgartown, which presents a similar case.
DISCUSSION: Mr. Bear asked for a reference to the proposed use of land, and Mr. Scott replied that it was a 2.4% increase.
VOTE: The motion carried (5:1), with Ms. Scieszka voting against.
OTHER BUSINESS
Local Housing Partnership - Ms. Stickney requested an agenda date for the Local Housing partnership discussion on accessory apartments. Mr. Bear stated that the LHP need to draft a housing plan before any meaningful discussion could occur. Mr. Kimball asked if the Board should place a warrant before Annual Town Meeting to request funds for a consultant to create a housing plan. There was discussion over whether the Board or the Local Housing Partnership should draft a housing plan. It was decided to plan a discussion agenda at the next Board meeting and to set a Monday, December 12, 2005 meeting date with the LHP.
Island Creek – Ms. Stickney requested a meeting date with Mr. Mark Epker of Keith Management to discuss the proposed addition to the Island Creek 40B development, and the Board set a meeting date of Monday, December 12, 2005.
Historical Commission – Ms. Stickney noted that the Historical Commission has two articles proposed for 2006 Annual Town Meeting: an extension of the current six-month demolition delay on historic homes to one year, and two new definitions for zoning bylaws. She stated that the Historic Commission would like the Board to sponsor these two articles. The Historic Commission was added to the Board’s November 28, 2005 agenda for discussion on these items.
Wright Building Grant – Ms. Stickney reported that the Town did not receive funding for a Massachusetts Historical Commission grant that had been submitted for $80,000 to $100,000. She said that she had requested scoring sheets for review.
Commonwealth Capital Application – Ms. Stickney reported that she is working on this year’s application. Last year the Town of Duxbury had scored 71, and she predicted that this year’s score would be lower.
Berrybrook School – Ms. Stickney reported on a meeting with Building Inspector Mr. Richard MacDonald and preschool representatives in which the school on Winter Street proposes an expansion to double its size.
Pratt Circle – Atty. Robert Galvin, Sr. requested a continuance and Ms. MacNab asked for an update on the recording of the homeowners association for this approved subdivision. Ms. Stickney advised that she would continue her attempts to contact Atty. Galvin.
ADJOURNMENT
MOTION: Mr. Kimball made a motion to adjourn. Mr. Bear provided a second, and the motion passed unanimously (6:0).
The Planning Board meeting was adjourned at 9:27 PM. The next meeting of the Duxbury Planning Board will be held on Monday, November 21, 2005 at 7:30 PM in the Duxbury Town Offices.
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