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 01/30/06
Approved 02/13/06
The Planning Board met in the Duxbury Senior Center, Monday, January 30, 2006.
Present: Amy MacNab, Chair; George Wadsworth, Vice-Chairman; Angela Scieszka, Clerk; Aboud Al-Zaim, John Bear, Jim Kimball and Harold Moody. Associate Member Douglas Carver arrived at 8:38 PM.
Absent: No one was absent.
Staff: Christine Stickney, Planning Director; and Diane Grant, Administrative Assistant.
The meeting was called to order at 7:32 PM.
OPEN FORUM
Ms. Scieszka reported on the Local Housing Partnership’s January 26, 2006 meeting. She said that Ted Brovitz from Dufresne & Henry in Boston is reviewing Town parcels to seek potential affordable housing sites. Ms. Stickney pointed out that this review is not intended for presentation at this year’s Annual Town Meeting, and that the next step, once potential lots have been identified, is to communicate with the Board the feasibility of a proposed Bylaw.
Ms. Scieszka also noted that the LHP has learned about a model home at The Villages at Duxbury on Kingstown Way that may be available to purchase and relocate as affordable housing. She said the home could potentially yield three to four affordable housing units, but logistically would need to remain in the vicinity of its current location. Ms. Stickney confirmed that The Villages’ motivation stems from its need to make way for remaining units under their Special Permit.
Mr. Bear reported on a recent South Shore Chamber of Commerce meeting he attended where the Rappaport report on the current Massachusetts housing crisis was presented. Their findings concluded that large lot sizes lessen the availability of land and increase prices. He said that it was encouraging to learn that their solutions included cluster zoning rather than decreasing lot size.
Ms. Beverly Walters, who was attending on behalf of the Duxbury Housing Authority, asked if the Board has addressed the issue of accessory apartments referenced in the Rappaport report, and Ms. MacNab responded that accessory apartments is one of many affordable housing issues the Board is addressing. However, she stated that the Board’s top priority is developing an affordable housing plan.
Ms. Stickney reported that a new Town Accountant has been hired, Mr. John Madden. She said that the Building Inspector position has not been filled as of yet.
PUBLIC HEARING: DELANO / WATER DEPARTMENT, OFF CORDWOOD PATH
Ms. MacNab opened the public hearing at 7:45 PM. Ms. Scieszka read the public hearing notice and the correspondence list:
§ Application plans and supporting documents dated 01/06/06
§ Public hearing notices from Duxbury Clipper dated 01/11/06 and 01/18/06
§ Memo from C. Stickney to Town Departments dated 01/06/06 re: request for comments
§ Memo from J. Dalrymple to Board dated 01/17/06 re: Board of Health approval
§ Letter from Water Superintendent to C. Stickney dated 01/27/06 re: project description
Ms. MacNab noted that the public hearing will be continued due to issues that have arisen concerning an easement. Ms. Stickney confirmed that she is working with Town Counsel on the issue, but that the Board is welcome to comment freely on the application. Ms. MacNab advised the public audience that the Board only addresses the subdivision of land, and that issues with the use of property would be best addressed with the Board of Selectmen or the Housing Authority, which will be the decision makers on the use of property.
Ms. MacNab introduced Town Water Superintendent, Mr. Paul Anderson, and thanked him for his thorough, well-done application. Mr. Anderson presented the project, noting that the Water Department is proposing to subdivide approximately 33 acres into three parcels:
§ Parcel A - A 10.94 acre parcel would be set aside for a future potential public water supply
§ Parcel B - A 19.06 acre parcel would be set aside as conservation land
§ Parcel C - A 2.78 acre parcel would be utilized, as voted at June 2002 Special Town Meeting, as affordable and community housing.
Mr. Anderson noted that four exploratory wells currently exist at the site that have the potential to generate over 100 gallons per minute of water flow. He said that the Town water supply is adequate in winter but inadequate during the summer months, and the location of the wells is attractive to the Water Department, because it is in an area that does not currently have well sites. The Water Department intends to develop the wells within the next five to ten years.
Mr. Anderson stated that the Water Department usually retains a 400-foot perimeter around the well site, but that just today they learned that the cart path which exists on that parcel is used daily by an abutting homeowner as a driveway access and they have an easement. He stated that he is consulting with Town Counsel to resolve this issue, although the Town has no plans to take over the easement.
Mr. Al-Zaim asked if the easement cuts through each of the three parcels and Mr. Anderson confirmed that is does on two lots. Mrs. Elizabeth Merry of 301 Temple Street, the homeowner who has the easement on the cartpath, stated that when the land was transferred from the Delano family to the Town, the easement was not written into the deed. Mrs. Merry stated that her deed details exactly where the easement is located, and that she believes the issue can be resolved.
Ms. MacNab requested comments from the Board:
§ Mr. Al-Zaim stated that he is uneasy about approving a subdivision without knowing exactly what Lot C will contain. He also has concerns about the parcels not containing proper frontage. Ms. MacNab replied that the use of the land was determined at June 2002 ATM and specified that no more than two units could be built, and noted that the Board has no say over use of the land. Mr. Wadsworth noted that when the Community Preservation Committee funds land conveyance, they place restrictions on open space, and that the Water Department will own Parcel C free of any CPC restrictions. Ms. Stickney noted that requested waivers are based on one unit, although another
unit has been proposed but not yet presented. She reminded the Board that tonight’s application is to create lots, not the use of those lots.
§ Ms. Scieszka stated that she is unclear about the Board’s ability to waive frontage requirements for Parcel A, and asked if the Zoning Board would need to grant a variance because it is a pre-existing non-conforming lot. Ms. Stickney responded that, under MGLC.41 Sec. 81R, frontage can be waived to create the lot; however, only the Zoning Board of Appeals can give relief from zoning as to required frontage. Ms. Scieszka also suggested that the Parcel A could have been created using cluster zoning, or else waiving construction of a cul-de-sac that would have provided proper frontage.
§ Mr. Kimball asked if the lot lines on Parcel B and Parcel C have been set, and Mr. Wadsworth responded that they have. Mr. Bear asked how those lot lines were created, and Mr. Wadsworth replied that once the test wells were put in, that set up the lot size of control that is required by the Water Department. He further explained that the lot lines for Parcel A were set to obtain two units of housing.
§ Mr. Bear expressed his concern over creating a lot that is proposed to contain two dwellings. Ms. Stickney noted that the two dwellings will be under two separate leases from the Board of Selectmen. Ms. MacNab added that the Town will continue to own the land. Ms. Stickney noted that Parcel A does contain the proper frontage. She stated that the Town is showing the two lots together to create new frontage. Currently on the one parcel is a proposal for one dwelling. Mr. Bear noted a typographical omission on the plans as to “Lot.”
§ Mr. Al-Zaim asked about the depth of the exploratory wells and Mr. Anderson replied that they are approximately 40 feet deep and expect to generate 100 to 125 gallons per minute. Mr. Al-Zaim asked if the Water Department intends to use the exploratory wells or if they would be digging new wells. Mr. Anderson responded that they believe that the exploratory wells could be utilized. Mr. Al-Zaim noted that the lot lines for Parcel A may need to be moved if well sites do change.
Ms. MacNab opened the discussion to the public.
§ Ms. Beverly Walters of 422 Washington Street, a member of the Duxbury Housing Authority Board, noted that the Housing Authority has two 99-year leases with the Town, one through Town Counsel and the other through the DMR. She questioned why Parcel C is included in the subdivision approval, and Mr. Wadsworth responded that the delineation of Parcels A and B simultaneously creates Parcel C. Ms. Walters expressed that she would like clarification from Town Counsel on this matter, and Ms. MacNab advised her to direct her request to the Board of Selectmen.
§ Mr. Michael Okola of 8 Cordwood Path asked where access to the three parcels would be located, and Mr. Anderson replied that the access would come from a proposed 20-foot easement off of Old Cordwood Path. Mr. Wadsworth confirmed that the easement proposed is known as the Merry easement.
§ Mr. Okola asked if approval of the subdivision would create three public access areas, and Ms. Stickney responded that, although the three parcels would be town-owned, the only public access would be on the conservation land.
§ Mr. Okola asked why verbiage of Section 81R is not included in the public announcement. Ms. Stickney replied that the application includes a justification of the 81R request and is not required to be included in the advertisement. Mr. Okola asked how many 81R waiver requests had been granted by the Board in the past ten years, and Ms. Stickney replied that there had been one. Ms. MacNab added that any waiver is not given freely by the Board, but only when there is clear public benefit. Ms. Stickney noted that in the 1970s many waivers were granted by the Board.
§ Mr. Okola questioned if granting a waiver set a precedent regarding town-owned land. Ms. MacNab responded that the Board takes every application on its own merit. Mr. Wadsworth added that the Board spends a considerable amount of time deliberating 81R waivers, and that a strong public benefit is required.
§ Mr. Okola asked if the Housing Authority would be submitting a site plan to the Zoning Board of Appeals, and Ms. Linda Bocci of the Housing Authority responded that it would be up to the architect to decide. Ms. Stickney further explained that the Board of Selectmen oversee the general application and it would first be submitted to the Inspectional Services Department and then to the ZBA if needed. Ms. Bocci stressed that the Housing Authority would need to comply with all zoning requirements.
§ Mr. Orie Fontaine of 221 Old Cordwood Path questioned the legality of one piece of property with multiple leases. Ms. Bocci replied that two different exist based on distinct uses. Ms. MacNab added that Annual Town Meeting gave a two-thirds approval in June 2002 for up to two dwellings on this one lot. Mr. Moody referenced Subdivision Rules and Regulations that specify that a lot can have a lease with one or more buildings on a parcel.
MOTION: Mr. Wadsworth made a motion, and Ms. Scieszka provided a second, to continue the public hearing on Delano Farm-Water Department until Monday, March 6, 2006 at 7:45 PM, with a decision deadline of March 31, 2006. There was no discussion.
VOTE: The motion carried unanimously (7:0).
A mutual extension form was signed. The discussion ended at 8:45 PM.
WORK SESSION
Consulting Enginnering RFQ: The Board had reviewed a draft RFQ provided by Mr. Al-Zaim and Ms. Stickney. Ms. MacNab suggested language be added regarding conflict of interest, and also submitted a marked copy of the draft for staff to revise with style changes. Mr. Al-Zaim suggested an evaluation committee be established to make engineering recommendations to the Board. Mr. Moody asked if existing engineers would be required to comply with the conditions listed in the RFQ, and Ms. Stickney replied that they would. She said that she had already discussed the matter with two current Town consulting engineers. Ms. Stickney suggested that the RFQ be posted at the beginning of February with a due date of the beginning of March.
Regarding questions concerning new rates posted by Mr. Thomas Sexton of Mainstream Engineering, Ms. Stickney suggested that the Board consider inviting Mr. Sexton to a future Board meeting to discuss. Ms. MacNab offered to call Mr. Sexton instead.
Subdivision Review: The Board discussed their opinions about the appearance of several recently approved subdivisions, including Deer Run, Pratt Circle, Amado Way, White Pine and Brewer’s Lane. Emerging themes included:
§ “Retrofit” subdivisions can provide challenges compared to new layouts.
§ Topography makes a difference – avoid steep side slopes if possible but try to follow natural lay of the land. Also, landscaping can help improve appearance of sloped areas.
§ Straight roadways work best with shorter lengths; otherwise, gently curving roadways provide optimal aesthetics.
Ms. MacNab suggested the Board consider revising regulations to require landscaping plans. Mr. Al-Zaim noted that the Board can request three-dimensional layouts from applicants.
Pratt Circle Homeowners’ Association: Ms. MacNab stated that she and Mr. Moody had reviewed Atty. Galvin’s proposed Homeowners’ Association, and she advised the Board to delay voting on approval until the Board is certain that the three homeowners have agreed to Atty. Galvin’s revisions.
Housing Consultant Proposal: Ms. Stickney noted that the 2006 Annual Town Meeting article regarding a Housing Consultant contract position proposed by the Community Preservation Committee and the Local Housing Partnership will be reviewed by the Board of Selectmen on Monday, February 13, 2006. She said that the LHP members approved the Board’s revisions at its January 12, 2006 meeting, and requested the Board’s formal support for the article. Ms. MacNab expressed concern over the feasibility of the required 37 units of affordable housing the state requires under Planned Production Plan. Ms. Stickney said that although the 37 units are required in order to obtain a moratorium on affordable housing, any affordable housing built would be a positive step. Ms. MacNab suggested that formal recommendation of
the Housing Consultant ATM article be put on a future Board agenda.
Zoning Board Decisions: Board members were given copies of ZBA decisions for Duxbury Crossing and Merry Village for their review and comment.
Payment of Invoice:
MOTION: Mr. Wadsworth made a motion, and Ms. Scieszka provided a second, to pay an invoice from Amory Engineering in the amount of $203.50 for services related to Wamsutta Way. There was no discussion.
VOTE: The motion carried unanimously (7:0).
Meeting Minutes:
MOTION: Mr. Wadsworth made a motion, and Mr. Bear provided a second, to approve Board meeting minutes of January 9, 2006 as written. There was no discussion.
VOTE: The motion carried unanimously (7:0).
Mullin Bill: Ms. Stickney noted that a bill is pending legislation that would allow Planning Board members to vote on applications if they have missed a meeting at which the application was discussed.
ADJOURNMENT
The Planning Board meeting was adjourned at 10:32 PM. The next meeting of the Duxbury Planning Board will be held on Monday, February 6, 2006 at 7:30 PM in the Duxbury Town Offices.
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