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 07/25/05
The Planning Board met in the Town Office Building, Monday, July 25, 2005.
Present: Amy MacNab, Chairman; George Wadsworth, Vice-Chairman; Robert Wilson, Aboud Al-Zaim, James Kimball, Harold Moody (associate member) & Doug Carver (associate member)
Absent: Angela Scieszka, Clerk and John Bear
Staff: Christine Stickney, Planning Director
The meeting was called to order at 7:35 PM.
OPEN FORUM
ZBA applications: Mr. Kimball asked if staff would inquire on what guidance is given to potential applicants as to their application package. He has noticed that they are often missing items that are essential to rendering a decision by the Board.
Administrative position: Mr. Wadsworth questioned how the replacement process was going and Ms. Stickney responded that she has made a decision and has contacted the candidate to see if she is still interested in the position.
AS-BUILT REVIEW AND APPROVAL: PRATT CIRCLE
Ms. Stickney explained to the Board recent steps with the process of As- Built approval and two memos from Mainstream engineering were provided to the Board that highlighted punch list items in need of attention by the applicant. Ms. Stickney spoke with Mr. Vautrinot, the applicant’s engineer who asked that the matter be put over until August 22nd. The Board agreed to the postponement. Mr. Wadsworth asked what was the agreed upon deadline for completion of the subdivision and Ms. Stickney responded 9/1/05.
SPECIAL PERMIT REFFERAL/51 Josselyn Avenue (Dri-seal)
Members reviewed the following materials; an application & plans submitted by the ZBA, a letter from the Board of Health dated 6/30/05 and staff’s memo dated 7/20/05. Mr. Wilson noted that he visited the site and found the houses to be very close together more so than he expected after reviewing the plan. Members discussed issues of accessibility from Shipyard Lane, the two dwellings on one lot, the proximity to neighboring structures and the proposed number of bedrooms in relation to a septic upgrade. Mr. Wadsworth expressed his concern for the nitrate loading to Duxbury Bay as a result of the expansion. Other members expressed concerns for the massing of the second dwelling and the views and vistas that are lost when these neighborhoods begin to see expansion.
MOTION: Mr. Wadsworth made a motion, seconded by Mr. Wilson to recommend Denial based on significant deficiencies with the application and the following concerns:
1. This a problematic application in that necessary information needed for review is missing; such as the building coverage ratio and the floor plans did not distinguish what was existing or proposed as to the interior layout,
2. The concern of potential impact such as nitrate loading on Duxbury Bay as a result of increased bedrooms between the two dwellings on the site,
3. The increased massing of a non-conforming structure and the impact of the views and vistas of the overall area,
4. Two dwellings on a 10,990 SF lot with an estimate building coverage of 21% is an extremely dense situation presently on the lot. To allow an enlargement in height of one of the structures given its deficiencies of the side and rear yard setbacks is something that needs to be considered carefully by the ZBA as to the impacts on the general neighborhood.
Discussion on the Motion: Mr. Aboud expressed his problem with consistently recommending denial and rendering a negative decision. He questioned if these were really planning issues. Mr. Wilson added that is an overall planning concern because of what is happening to many neighborhoods with such expansions. Ms. MacNab added that the Planning Board needs to consistently reinforce its standard position of larger homes belong on larger lots and smaller homes on smaller lots. Some members agreed that this was a particularly dense situation.
Vote on the Motion: 4 in favor of the motion, 1 against (Mr. Al-Zaim)
OTHER BUSINESS:
Payment of Invoices:
MOTION: Mr. Wilson motion to approve for payment the following Mainstream invoices, Invoice # 20585 dated 5/31/05 for $824.50, Invoice # 20608 dated 6/30/05 for $325.00 and Invoice # 20609 dated 6/30/05 for $312.00, Mr. Wadsworth provided a second for the motion, which carried unanimously (5:0).
MOTION: Mr. Wadsworth motion to approve for payment the following Amory invoices, Invoice # 10859A dated 7/6/05 for $720.00, Invoice # 10859B dated 7/6/05 for $90.00 and Invoice # 10859C dated 7/6/05 for $2,055.00, Mr. Wilson provided a second for the motion, which carried unanimously (5:0).
ZBA Decision – 77 Depot Street Sinnott was reviewed by the Planning Board.
Southeastern Regional Planning and Economic Development District (SRPEDD) Survey: Members reviewed the results of this survey on inclusionary housing. Mr. Al-Zaim commented on Arlington’s success and suggested staff looks into how they are able to accomplish two units a year.
Approval of Minutes:
MOTION: Mr. Wilson motioned to accept the 7/11/05 minutes, seconded by Mr. Wadsworth – unanimously voted
REVIEW & APPROVAL OF SUBDIVISION COVENANT – DELANO DRIVE AND SONG SPARROW:
Members were given draft copies of Covenants for both subdivisions. Ms. MacNab noted in her review of the Delano Drive Covenant she asked Ms. Stickney about a change for Planning Board approval in section 7.2. Ms. Stickney had spoken with Attorney Pye earlier in the afternoon and he was agreeable. Mr. Al- Zaim questioned the wording and suggested and suggested it be re-structured differently. Staff will forward the language to Attorney Pye.
MOTION: Mr. Wilson made a motion, to accept the Protective Covenant for Delano Drive dated 7/25/05 with the proviso that the amended language to section 7.2 be added into the Covenant, Mr. Wadsworth provided a second for the motion, which carried unanimously (5:0).
Members were also given a copy of the Song Sparrow Protective Covenant; however given the late submission the Board decided to put the matter over to 8/8/05 to have time for review. Members did sign the standard Subdivision Covenant as a performance guarantee for the subdivision.
PLANNING BOARD WORK SESSION:
Ms. MacNab introduced the topic of discussion relative to petitions coming before the Zoning Board and the tear downs and McMansions that have become a common occurrence before the ZBA. She has been looking into what could possibly be done to address this issue. She asked Board members their opinion as to four possible options: 1) the creation of a historic district(s), 2) Possible overlay districts that would give more authority to the design review board 3) How the current interpretation of the bylaw is now applied with respect to non-conforming structures and 4) any other possible option that may be out there in other communities facing the same issue.
Members agreed this is a concern for preservation of the Town character. MacNab provided a brief history of the last time Historic Districts were introduced to the Town and the pros and cons. She cited the Nantucket proposal and their success with the affordable housing. Mr. Wadsworth spoke of the Lincoln and Cape Cod experience relative to historic structures. Ms. Stickney suggested that the Board should meet with the Historic Commission as to their thoughts of a district. The historical inventory has been completed and this is usually the first step.
Discussion moved to the issue of building coverage and the formula for lots less than 20,000 SF in size. Members recalled their discussions at the time the ZBA proposed the amendment in 2003 with the CPZBIC re-write.
Mr. Kimball was asked by Ms. MacNab as to his thoughts with expanding the role of the Design Review Committee. Mr. Kimball explained how it currently works and that guidelines would have to be established.
Mr. Al-Zaim attempted to discuss the root of the Mansionization issue. It was agreed by the members the problem is not large houses on big lots but rather large houses on small lots. Members appeared to reach a consensus it was a problem with the tear downs and what consecutive teardowns that occur in a neighborhood. Mr. Al-Zaim suggested that the bylaw may be actually stimulating these with the way the language is written. Mr. Kimball agreed and pointed out that a special permit is required in almost every instance.
The pros and cons of a special permit process were discussed among the members.
It was agreed for the next work session that a copy of the Nantucket Historic District would be obtained and that staff would attempt to research other town’s growth controls as to the same issues with Mansionization. Ms. MacNab will continue to pursue a meeting with Jim Lampert as to the Planning Board’s concerns.
Planning Director’s items:
Ms. Stickney briefly updated the members on the following matters:
Upcoming agenda items for 8/8 and 8/25
Legislative hearing on the Affordable Housing Trust Fund – 7/26/05
Dingley Dell made application to the ZBA for Special Permit
Budgets are due to the Town Manager by 8/19/05
ADJOURNMENT
The Planning Board meeting was adjourned at 9:35 PM. The next meeting of the Duxbury Planning Board will be held on Monday, August 8, 2005 at 7:30 PM in the Duxbury Town Offices.
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