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 09/26/05
(Approved 10/17/05)
The Planning Board met in the Town Office Building, Monday, September 26, 2005.
Present: Amy MacNab, Chair; George Wadsworth, Vice-Chairman; Angela Scieszka, Clerk; Aboud Al-Zaim, John Bear, and James Kimball
Absent: Robert Wilson; Associate Members Doug Carver and Harold Moody
Staff: Christine Stickney, Planning Director; and Diane Grant, Administrative Assistant
The meeting was called to order at 7:34 PM.
OPEN FORUM
Open Forum was deferred by Ms. MacNab due to the limited time constraints of Town Counsel, Atty. Robert Troy, who had come at the invitation of the Board to discuss outstanding issues.
EXECUTIVE SESSION
MOTION: At 7:35 PM, Ms. Scieszka made a motion to enter executive session, in order to discuss existing litigation regarding the Dingley Dell property off of Congress Street. Mr. Bear provided a second for the motion. A roll call vote was taken. Mr. Kimball, Mr. Bear, Mr. Al-Zaim, Mr. Wadsworth, Ms. Scieszka and Ms. MacNab all voted in favor of the motion.
Therefore, the executive session commenced at 7:36 PM.
MOTION: At 8:01 PM, Mr. Wadsworth made a motion to close the executive session. Ms. Scieszka provided a second for the motion. A roll call vote was taken. Mr. Kimball, Mr. Bear, Mr. Al-Zaim, Mr. Wadsworth, Ms. Scieszka and Ms. MacNab all voted in favor of the motion.
Therefore, the executive session closed at 8:02 PM.
At this point, the open meeting continued.
DISCUSSION: TOWN COUNSEL ATTY. ROBERT TROY
Chapter 40B vs. Chapter 81X
Ms. MacNab introduced the topic of Chapter 40B, including creation of lots by the Zoning Board of Appeals and the regulatory requirements of Chapter 81X. Atty. Troy stated that the law is clear in this area: the Planning Board endorses recordable plans. He expressed that the conventional wisdom about 40B is that the Zoning Board of Appeals has the authority to waive any local regulation, but not any state regulation. He provided his opinion that he did not see anything that allows the ZBA to sign a 40B plan creating individual lots.
Mr. Wadsworth expressed that Chapter 40B units should have a Homeowners’ Association agreement. He said that at the current time he is seeing plans with no Homeowners’ Association.
Mr. Al-Zaim stated that the ZBA may believe that they have not created a subdivision when they actually have. Ms. MacNab asked Atty. Troy if he would recommend the staff send a letter to the ZBA stating the Board position. Atty. Troy replied that he would like to review staff’s letter before it is sent. Ms. Scieszka asked where the applicant would appeal. Atty. Troy replied that it should go to the Housing Appeals Committee. Mr. Al-Zaim suggested a letter be sent to the ZBA and Atty. Troy.
Time Limit on Subdivisions
Ms. MacNab introduced the topic of a subdivision approaching its eight year anniversary without completion. Atty. Troy advised that if a zoning law changes, the subdivision becomes subject to the new bylaws unless the lots have already been built.
Ms. MacNab asked for clarification on when the time frame is measured if there is an appeal of a subdivision, and Atty. Troy replied that it is measured from the date the subdivision was approved for eight years. If the case goes to litigation, the zoning would be extended for the same amount of time the litigation took.
Mr. Al-Zaim asked if a letter from the Board to an applicant in this situation should go from the Board to Inspectional Services and the applicant, and Atty. Troy responded that the letter should go only to Inspectional Services, because there is no reason to send it to the applicant.
Ms. MacNab thanked Atty. Troy for his time. He then departed the meeting.
AS-BUILT APPROVAL/DEER RUN (Deadline 10/01/05)
Ms. MacNab deferred Open Forum once again in order to address the Deer Run As-Built approval on schedule. Ms. Stickney noted that Mr. Brian Murphy was present on behalf of the developer, JVO Corporation. She explained that Mr. Murphy has been working with town consulting engineer, Mr. Walter Amory, to complete remaining property issues before the deadline date of October 1, 2005. She said that Mr. Amory’s office has recommended a surety of approximately $8,250.00 to replace a bond that is due to expire on October 3, 2005.
Mr. Al-Zaim expressed concern about utilities not appearing on the As-Built plans, and Mr. Murphy responded that they have been added. Ms. Stickney said that although Mr. Amory has not had a chance yet to review the plans, it appears to her that all outstanding items have been addressed.
Ms. MacNab asked Mr. Murphy if he was prepared to provide $8,250.00 as surety, and he replied that although he was not prepared at that moment, he is agreeable to providing that amount.
MOTION: Mr. Wadsworth made a motion that Mr. Murphy provide a surety of $8,250.00 to the Planning Office for the Deer Run As-Built project by 4:00 PM on September 27, 2005. Mr. Bear provided a second for the motion, which was passed unanimously (6:0) with no discussion.
MOTION: Mr. Wadsworth made a motion that upon the receipt of a company check from the developer in the amount of $8,250.00, the Board staff is authorized to notify the bond company that the Deer Run Subdivision bond has been released. Ms. Scieszka provided a second for the motion, which was passed unanimously (6:0) with no discussion.
MOTION: Mr. Wadsworth made a motion to extend the completion date of the Deer Run Subdivision to November 1, 2005. Mr. Al-Zaim provided a second for the motion, which was passed unanimously (6:0) with no discussion.
At this point Mr. Murphy departed the meeting.
ZBA REFERRAL/COMPREHENSIVE PERMIT, DUXBURY CROSSING OFF ENTERPRISE ST.
Ms. Stickney noted that the site eligibility letter had expired although it is still in the review process, and that it requires a new site eligibility. She also noted that sheets were missing from the plans.
Ms. MacNab requested that Ms. Stickney compose a memorandum to the Zoning Board of Appeals, and offered to help. She also noted that a memo from the Board staff to the ZBA was needed for the Webster Point project.
Mr. Al-Zaim made the point that the Board should be on the “same page” as the ZBA. Ms. MacNab responded that the language Atty. Troy needs to see from the Board is much different than language for a single-property ownership.
The Board members agreed to review the two projects at an upcoming meeting.
AS-BUILT APPROVAL/PRATT CIRCLE
Ms. MacNab introduced Atty. Robert Galvin, Sr. who was present to represent the development trustees, Mr. Robert White and his son, Mr. Gerald White, concerning the Pratt Circle subdivision located off of Valley Street. Atty. Galvin explained that one of the conditions for release of the lots is creation and recording of a Homeowners’ Agreement. Ms. Scieszka added that another condition that needs to be addressed is the driveway as part of the drainage, and Atty. Galvin agreed.
Atty. Galvin explained that the lots should not have been released without the Homeowners’ Association being recorded. Ms. MacNab noted that when the Homeowners’ Association had been created it had been reviewed thoroughly by the Board. It was the understanding of the Board that the Homeowners’ Association had been recorded. Atty. Galvin noted that there is no record of the Homeowners’ Association being recorded. He reported that he had obtained the names of three property owners and he notified them last week, but has not yet heard from any of them.
Atty. Galvin assured Ms. Stickney that he would inform her of the status by October 2, 2005. He confirmed with Ms. MacNab that that Homeowners’ Agreement is the only remaining outstanding issue.
Atty. Galvin advised that if he does not hear from homeowners, he would send a certified letter and make every effort to contact them and resolve the situation. He assured the Board that he would keep Ms. Stickney apprised of the situation. Mr. Al-Zaim expressed his preference that the actions be taken by Atty. Galvin rather than the Board.
MOTION: Mr. Wadsworth made a motion, and then amended his motion, to extend the completion date of Pratt Circle subdivision to November 8, 2005. Ms. Scieszka provided a second for the motion, which was passed unanimously (6:0) with no discussion.
OTHER BUSINESS
Meeting Minutes:
MOTION: Ms. Scieszka made a motion to accept the September 19, 2005 Board meeting minutes as written, with a second by Mr. Kimball. The vote passed unanimously (6:0) with no discussion.
OPEN FORUM
Ms. MacNab opened the floor to Open Forum. Mr. Bear asked the status of the Hillside Subdivision street light, and was advised that it will be addressed at the next Board meeting.
Mr. Al-Zaim expressed that he enjoyed tonight’s discussions with Atty. Troy and complimented Ms. MacNab for keeping the discussion focused.
Ms. MacNab reported that she and Ms. Stickney had met with Building Inspector Richard MacDonald regarding interpretation of the term “dwelling,” and that Mr. MacDonald has a good understanding of the Board’s point of view. She advised that if the Board so wishes, Mr. MacDonald could require a property owner to remove any kitchen appliances. Mr. Al-Zaim expressed concern that the Board was being too specific in its discussions but the Board agreed that they were addressing an informational issue only. Mr. Al-Zaim asked Ms. MacNab if she would save notes for when an item related to this issue was on the Board agenda, and she assured the Board that she would.
Housing Coordinator
Ms. Stickney noted that the Local Housing Partnership is considering applying for CPC funds to engage a Housing Coordinator who would be a contract employee to the Town of Duxbury. She expressed that no one is currently focused on the issue and it needs to be addressed. Mr. Wadsworth noted that CPC funds have been used previously to pay for staff out of their administrative budget, although they are limited to 10%. Ms. Stickney provided as an example the Delano property where the house still sits vacant, and said that a Housing Coordinator could be working toward getting someone to live there.
Mr. Wadsworth agreed that there is an enormous amount of work to be done. Mr. Al-Zaim expressed concern that it would create more bureaucracy. Mr. Bear added that town residents may not think they had voted for the CPC to fund new positions. Ms. Stickney informed the Board that at least six other communities in Massachusetts are doing this; for example, the Town of Bedford. Ms. MacNab questioned whether the Planning Department budget would include this position, and Ms. Stickney replied that it would not, because it is a contract employee position and would be subject to yearly funding.
Sun Tavern
Ms. Stickney reported that a neighbor to Sun Tavern is requesting an opportunity to present to the Board their thoughts on the ZBA referral. She said she had informed the neighbor that all interested public will be able to speak at the Administrative Site Plan Review meeting at a later date, but the neighbor would like to speak to the Board earlier in the process.
Mr. Al-Zaim responded that he does not feel Board action is required regarding this matter, because the earlier Board meeting with Sun Tavern was on the agenda and was publicized, and inviting this neighbor to speak may set a precedent. Ms. Scieszka added that any resident is allowed to speak at the Board’s Open Forum, but she expressed that this resident may be better served by attending a ZBA meeting.
Ms. Stickney told the Board that she had informed the resident of all of these options and he still wishes to be placed on a Board agenda. Ms. MacNab suggested that Ms. Stickney inform the resident to submit a written request to the Board. Mr. Al-Zaim reiterated his opinion that it is better for the resident to come to our Open Forum rather than invite the resident to a Board meeting.
ADJOURNMENT
MOTION: Ms. Scieszka made a motion to adjourn. Mr. Kimball provided a second, and the motion passed unanimously (6:0).
The Planning Board meeting was adjourned at 9:20 PM. The next meeting of the Duxbury Planning Board will be held on Monday, October 3, 2005 at 7:30 PM in the Duxbury Town Offices.
| 
