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 12/19/05
(Approved 01/09/06)
The Planning Board met in the Town Office Building, Monday, December 19, 2005.
Present: Amy MacNab, Chair; George Wadsworth, Vice-Chairman; Angela Scieszka, Clerk; Aboud Al-Zaim, John Bear, Jim Kimball and Harold Moody.
Absent: Associate Member Douglas Carver.
Staff: Christine Stickney, Planning Director; and Diane Grant, Administrative Assistant.
The meeting was called to order at 7:38 PM.
OPEN FORUM
Local Housing Partnership (LHP) Discussion: Mr. Kimball noted that at the December 12, 2005 Board discussion with the LHP they had found some common ground for moving forward despite some areas of disagreement. Mr. Al-Zaim requested a copy of the tape from the meeting, and staff advised that they could provide it.
WORK SESSION
Land Use Joint Meetings: Ms. Stickney listed some of the items that the Board has intended to discuss more fully, including: 3% Rule, Non-Conforming Bylaw, FAR legislation, RFP for Town engineering consultants, Stormwater management. It was decided to hold work sessions quarterly with other land use boards. Ms. MacNab noted that staff could provide members with pertinent literature for review. Ms. Stickney suggested meeting with the Zoning Board of Appeals first because many of their comprehensive permits are coming to a close. Mr. Al-Zaim asked about Town Counsel’s discussion at a prior meeting regarding comprehensive plans being recorded, and staff agreed to provide him with a copy of the minutes.
CONTINUED PUBLIC HEARING: DEFINITIVE PLAN, CEDAR TREE FARM / OFF CONGRESS STREET
Present for the discussion:
Mr. and Mrs. John Andresen II, applicants
Atty. Peter Brooks, applicants’ attorney
Ms. MacNab opened public hearing at 8:07 PM on this two-lot subdivision with one buildable lot and one lot dedicated to the agricultural use of harvesting cranberries. The applicants have agreed to place a Conservation Restriction on 28.09 acres of the 40.05 acres of the buildable lot and are seeking approval of an 81R waiver and subdivision approval from the Board. Ms. Scieszka read the correspondence list into the public record:
§ Mutual Extension Form continuing public hearing until 12/19/05
§ Minutes of the 11/14/05 Planning Board meeting
§ Faxed – Conservation Restriction dated 11/17/05 from Seyfarth and Shaw
§ Email from P. Johnson dated 12/8/05 re: Conservation approval of CR with changes
§ Conservation Restriction dated 12/8/05 per CC revision
§ Copy of Fax to Town Counsel dated 12/9/05 from Planning Department
§ Copy of Fax to Planning Board from Town Counsel dated 12/13/05 re: CR Opinion
§ Conservation Restriction dated 12/13/05 per Town Counsel revision
Ms. Stickney reviewed the current status of the application, noting that Mr. and Mrs. Andresen had received approval from the Conservation Commission on the Conservation Restriction. Town Counsel Atty. Robert Troy had provided minor revisions, approving to form. She noted that the latest Conservation Restriction is dated December 13, 2005, and that the only change will be adding a bound on the plan.
Ms. MacNab asked Atty. Brooks if he had any further comments, and he replied that they were ready to move forward. Mr. Wadsworth asked who would be submitting the Conservation Restriction to the State Division of Conservation Services, and Ms. MacNab advised that the applicant is responsible. Ms. Scieszka asked if language in the Conservation Restriction was adequate to protect the Board and applicant in case the CR is not approved by the State, and Ms. Stickney replied that although the State will most likely provide some revisions, in her experience no CR has ever been rejected.
The Board reviewed and made revisions to the Certificate of Notification. Ms. Stickney noted that the Board would be granting a substantial waiver, and that the findings regarding the 81R waiver would be recorded at the Registry of Deeds and therefore would provide more detail for future reference as to why the waiver was granted.
Ms. MacNab noted that the bounds are referenced in the document and linked to As-Built approval, and questioned why they were not linked to the occupancy permit. Ms. Stickney responded that the applicants could choose a performance bond or a covenant. In reviewing the document further a wording discrepancy was noted, and Ms. Stickney advised Mr. and Mrs. Andresen that they would need to change any references from “Lot 2” to “Lot A” in the Conservation Restriction before submitting it to the State.
MOTION: Mr. Wadsworth made a motion, and Ms. Scieszka provided a second, to close the public hearing for the Subdivision of Land for the Definitive Plan entitled, “Definitive Subdivision Plan of Wamsutta Way prepared for Duxbury Bay Cranberries Realty Trust” dated 7/18/05 last revision 12/19/05, stamped by Alan C. Vautrinot, (RPLS) and Benjamin A. Gilmore (RPE) of Vautrinot Land Surveying, Inc., 3 sheets, with conditions of approval as noted in the Certificate of Notification dated 12/20/05, as amended.
DISCUSSION: Mr. Kimball confirmed the decision date as the date of the plan.
VOTE: The motion carried unanimously (7:0).
The public hearing closed on Wamsutta Way.
MOTION: Mr. Wadsworth made a motion, and Mr. Kimball provided a second, to grant a waiver of strict compliance pursuant to M.G.L. Chapter 41 Section 81R with the Duxbury Rules and Regulations for the Subdivision of Land for the Definitive Plan entitled, “Definitive Subdivision Plan of Wamsutta Way prepared for Duxbury Bay Cranberries Realty Trust” dated 7/18/05 last revision 12/19/05, stamped by Alan C. Vautrinot, (RPLS) and Benjamin A. Gilmore (RPE) of Vautrinot Land Surveying, Inc., 3 sheets, as amended. There was no discussion.
VOTE: The motion carried unanimously (7:0).
MOTION: Mr. Wadsworth made a motion, and Ms. Scieszka provided a second, to approve the Subdivision of Land for the Definitive Plan entitled, “Definitive Subdivision Plan of Wamsutta Way prepared for Duxbury Bay Cranberries Realty Trust” dated 7/18/05 last revision 12/19/05, stamped by Alan C. Vautrinot, (RPLS) and Benjamin A. Gilmore (RPE) of Vautrinot Land Surveying, Inc., 3 sheets. There was no discussion.
VOTE: The motion carried unanimously (7:0).
Ms. Stickney noted that as Clerk, Ms. Scieszka would be signing the Certificate of Notification by Wednesday, December 21, 2005 and the date signed would begin the 20 day appeal period. The applicants and their attorney departed the meeting.
OTHER BUSINESS
Subdivision Review: Ms. MacNab requested that members drive by subdivisions approved by the Board in recent years: Deer Run, Amado Way, Whitepine Lane, Brewer’s Lane, and Pratt Circle. The Board will review the appearance of these subdivisions at their January 9, 2006 meeting.
Engineering Invoice:
MOTION: Mr. Wadsworth made a motion, and Ms. Scieszka provided a second, to pay Amory Engineering invoice #11067C in the amount of $907.50 for services related to Deesul Medical Building. There was no discussion.
VOTE: The motion carried unanimously (6:0:1), with an abstention from Mr. Kimball.
Housing Consultant Letter: Mr. Bear brought up a letter distributed to the Board that evening from resident Ms. Linda Garrity of 750 West Street regarding the proposed Housing Consultant position. Ms. Stickney advised the Board that she emailed a response to Ms. Garrity updating her on the current status of the proposed Annual Town Meeting warrant article.
ADJOURNMENT
MOTION: Mr. Wadsworth made a motion to adjourn. Ms. Scieszka provided a second, and the motion passed unanimously (7:0).
The Planning Board meeting was adjourned at 8:47 PM. The next meeting of the Duxbury Planning Board will be held on Monday, January 9, 2006 at 7:30 PM in the Duxbury Town Offices.
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