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 11/28/05
(Approved 12/12/05)
The Planning Board met in the Town Office Building, Monday, November 28, 2005.
Present: Amy MacNab, Chair; George Wadsworth, Vice-Chairman; Angela Scieszka, Clerk; and John Bear. Also present were Associate Members Douglas Carver and Harold Moody.
Absent: Aboud Al-Zaim and Jim Kimball.
Staff: Christine Stickney, Planning Director; and Diane Grant, Administrative Assistant.
The meeting was called to order at 7:33 PM.
OPEN FORUM
Economic Advisory Committee Bennett’s Business Workshop – Mr. Bear reported that the turnout for this neighborhood discussion was good, although many residents who attended do not support adding more businesses to this area and instead want stricter business zoning. He said that the EAC plans to hold two more area business workshops before providing recommendations.
Smart Growth Presentation – Ms. Scieszka reported that she had attended this presentation at a recent South Shore Coalition meeting and found it not pertinent to the Board’s current needs.
Government Study Committee – Mr. Wadsworth reported that the committee’s position concerning the Planning Board is to recommend neither an increase nor decrease in the number of Board members.
DISCUSSION WITH HISTORICAL COMMISSION
Present for the discussion were Barbara Kiley, Terry Vose and Nancy Bennett. Ms. Kiley stated that the Historical Commission is proposing two bylaw changes at Annual Town Meeting:
1. Change in demolition delay from current six months to one year. She said that the current six-month delay is not effective because it is not enough of a deterrent. She noted that most towns have a twelve-month delay and that some towns have a 36-month delay. Mr. Wadsworth stated his concern that a demolition delay should preclude an applicant from obtaining a building permit on new construction. Ms. MacNab asked how many historic homes have been saved due to demolition delay, and Ms. Bennett replied that in the past four years two homes have had a demolition delay. In one case the applicant saved part of an existing historic structure rather than razing it, which the applicant credited to the demolition delay.
2. The Building Inspector has asked the Historical Commission to clarify the term “substantial” from Zoning Bylaws. They plan to work with Ms. Stickney and Town Counsel Atty. Robert Troy within the next week to finalize proposed language. Ms. MacNab advised to keep it simple. Mr. Bear advised that they should consider definitions from other towns. Ms. Kiley noted that their concern is preserving the Town’s character. Ms. Scieszka requested that the Historical Commission submit their proposed language for Board review. Ms. Kiley agreed to provide it and expressed the Historical Commission’s willingness to attend a future meeting if requested.
AS-BUILT APPROVAL/PRATT CIRCLE (Deadline 11/30/05)
Ms. Stickney reported that Atty. Galvin had notified her that he could not attend tonight’s meeting, but that he had sent a fax advising that he is attempting to contact the attorneys involved in the mortgage closings. So far one attorney has responded but two others have not. Ms. MacNab asked how much the Board is holding in a performance bond, and Ms. Stickney replied that there is $40,000.00 plus interest.
Ms. Stickney also advised the Board that the applicant has not responded to a $500.00 request for a deposit of escrow funds. She said that she plans to send a second letter and follow up with a telephone call if needed. Ms. MacNab agreed. Mr. Wadsworth recommended that a deadline date should be included in the second letter. Ms. MacNab confirmed that the item should be added to the December 12, 2005 Board agenda, and noted that escrow funds and the performance bond must be kept separate.
AS-BUILT APPROVAL/DEER RUN (Deadline 01/01/06)
Ms. Stickney requested that the Board members drive by this subdivision to review progress on shoulders, slopes and drainage basin for grass growth. The item was deferred until the December 5, 2005 Board meeting.
WORK SESSION
Letters of Interest for Board Vacancy – Ms. MacNab noted that applications had been submitted by Associate Members Mr. Doug Carver and Mr. Harold Moody. She commended them for their interest in serving, and reviewed the voting process which will take place at the Board of Selectmen’s meeting on Monday, December 5, 2005.
Definition of Lot Coverage and 3% Rule – Ms. Stickney noted that she is in the process of gathering information from the Zoning Board of Appeals regarding the percentage increase in building site coverage on building applications for non-conforming lots since the 3% rule was adopted in July 2003. Ms. Stickney reported that she had gone over the proposed warrant articles with Town Counsel Atty. Robert Troy and he had advised that if the Board felt strongly, they could request that the 3% amendment be eliminated. Mr. Wadsworth noted that the only other option is to recommend a different limit amount for building site coverage. Ms. MacNab commented that there may be public resistance from residents who currently have non-conforming lots. Ms. MacNab and Ms. Scieszka agreed that public education is needed, with
statistics to back up their position. Ms. Stickney agreed to research other towns’ Floor-to-Area Ratios as a potential approach for the Town of Duxbury. Ms. MacNab noted that it would be beneficial for the Board and the ZBA to agree on whatever is proposed. It was decided to review the statistics that staff is researching before making plans to meet with the ZBA.
Affordable Housing Plan - Ms. MacNab stated that she would like to discuss this topic further with the Board before the Local Housing Partnership returns to discuss it with the Board. The LHP had been scheduled for December 12, 2005 and after some discussion it was agreed to keep that date. Mr. Bear provided a suggested agenda for the Board’s proposed meeting with the LHP:
1. Update on LHP initiatives
2. Other affordable housing initiatives that they are aware of
3. Find broad areas of agreement
4. Need for a plan for affordable housing.
Ms. Scieszka offered to introduce the Board’s proposed approach at the December 1, 2005 LHP meeting.
ZBA Recommendation/36 Landing Road (Scott)
Ms. MacNab invited the applicant, Mr. Harry Scott, to present his revised parking plan for his ZBA petition to raze an existing structure and construct a two-story dwelling. He said that instead of the current twelve feet of driveway he plans to put in an 18-foot driveway, for a six-foot increase. He noted that he had discussed with his neighbors keeping the existing driveway that is located on the neighbor’s lot, and the neighbors had rejected that proposal. Ms. MacNab asked Mr. Scott if the proposed parking is outside his lot and he responded that it is. Ms. Scieszka noted that from the Board’s perspective it is a planning issue and that she is opposed to constructing a private parking space on a public way because it would then be unavailable for public use.
Ms. Stickney noted that the proposal includes a stone wall in front of the lot that prevents the applicant’s access to locating the driveway elsewhere. Mr. Scott noted that neighbors on both sides were planning to build a stone wall and that if he did not build one on his property, water would run off from both sides through his front lawn. He stated that if it is possible to decrease the width of the driveway that he would do that. Ms. MacNab noted that the Board continues to have issues with Mr. Scott’s application and advised him that the Zoning Board of Appeals would make the final decision. Ms. MacNab asked Ms. Stickney to make a clarification to her draft recommendations, and Ms. Stickney advised the applicant that staff would send him a copy of the final recommendations.
Review Items
The Board briefly reviewed the following items:
§ DRT Minutes/Webster Point Village
§ MAPC Updated Population/Employment Projections
§ Updated 40B Guidelines
§ Proposed Board Meeting Schedule.
Meeting Minutes
MOTION: Ms. Scieszka made a motion to accept the minutes of October 24, 2005 as amended. Mr. Wadsworth provided a second for the motion, which carried unanimously (4:0).
MOTION: Ms. Scieszka made a motion to accept the minutes of November 7, 2005 as amended. Mr. Wadsworth provided a second for the motion, which carried unanimously (4:0).
MOTION: Mr. Wadsworth made a motion to accept the minutes of November 14, 2005 as amended. Ms. Scieszka provided a second for the motion, which carried unanimously (4:0).
ADJOURNMENT
MOTION: Ms. Scieszka made a motion to adjourn. Mr. Wadsworth provided a second, and the motion passed unanimously (4:0).
The Planning Board meeting was adjourned at 10:28 PM. The next meeting of the Duxbury Planning Board will be held on Monday, December 5, 2005 at 7:30 PM in the Duxbury Town Offices.
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