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 02/13/06
Approved 02/27/06
The Planning Board met in the Town Office Building, Monday, February 13, 2006.
Present: George Wadsworth, Vice-Chairman; Angela Scieszka, Clerk; John Bear, Jim Kimball and Harold Moody. Aboud Al-Zaim arrived at 7:52 PM.
Absent: Amy MacNab, Chair; and Associate Member Douglas Carver.
Staff: Christine Stickney, Planning Director; and Diane Grant, Administrative Assistant.
The meeting was called to order at 7:33 PM.
OPEN FORUM
Local Housing Partnership ATM Warrant Articles: Mr. Bear asked if the Planning Board was choosing to take a stance on the Local Housing Partnership (LHP) Affordable Housing Policy warrant article for 2006 Annual Town Meeting. Ms. Stickney advised that Ms. MacNab requested that the Board wait to vote on all warrant articles until she returns on March 6, 2006. After some discussion, it was agreed to wait until Ms. MacNab’s return before voting on recommendation regarding the two warrant articles that the Board was sponsoring on behalf of the LHP.
Ms. Stickney stated that LHP members would be attending the Board of Selectmen meeting taking place concurrently in the Mural Room of Town Hall to present the Housing Consultant article and the Affordable Housing article that the Board was sponsoring on behalf of the LHP. Ms. Stickney noted that Ms. MacNab requested that the Board not attend because a recommendation vote had not been taken on these warrant articles as of yet. Ms. Stickney advised the Board that she planned to attend the BOS meeting because she helped the LHP formulate the articles and would need to be present to answer technical questions that may arise. After some discussion, it was agreed that Board members could decide individually if they wished to leave the Board meeting to attend the BOS discussion on the LHP articles.
STREET ACCEPTANCE RECOMMENDATION: DEER RUN
Ms. Scieszka asked if the Board would be holding a public hearing on street acceptance for Deer Run, and Ms. Stickney advised that the Board of Selectmen would be holding the hearing, but the Board would need to make a recommendation to the BOS.
Mr. Wadsworth noted a concern that because one lot had not yet been built, there was potential for damage to the roadway. He suggested that the Board consider waiting until the foundation was poured on the last remaining lot before recommending street acceptance. He further noted that the As-Built plan had not yet been accepted by the Board due to waiting for grass to grown on the development slopes. Mr. Al-Zaim stated his concern for recommending street acceptance for a development that does not have an approved As-Built plan. Ms. Stickney noted that regulations have been revised since this subdivision was approved, and this is a unique situation where the street acceptance is being approved before the As-Built approval. She further advised the Board that Town consulting engineer, Mr. Walter Amory, had reviewed the
As-Built plan and noted that the only delay was due to making sure the grass grows in.
Mr. Wadsworth asked if there was a surety on the As-Built plans, and Ms. Stickney replied that there is a $8,250.00 performance bond, and the Highway Department also has a performance bond on the road. Ms. Scieszka asked if there was a precedent of accepting a street before As-Built approval, and Mr. Wadsworth replied that Roger’s Way had been approved in this manner. Mr. Bear stated that if the Highway Department is comfortable with street acceptance, then he didn’t have any issue with recommendation.
MOTION: Mr. Bear made a motion, and Mr. Kimball provided a second, that because the roadway is completed and the As-Built conditions are minor, the Board recommends approval to the Board of Selectmen that Deer Run should be taken as a public way.
DISCUSSION: Ms. Scieszka asked if there was any risk in recommending street acceptance without As-Built acceptance, and Ms. Stickney replied that she had no concerns especially since the Highway Department is holding funds against roadway damage.
Mr. Al-Zaim stated that he was not in favor of street acceptance because there is no condition of As-Built acceptance in the motion. He asked Mr. Bear to consider amending his motion, but Mr. Bear replied that, in his opinion, these were two separate matters.
Mr. Kimball asked how important of an issue grass was, and Ms. Stickney replied that it was not a major concern. Mr. Moody stated that the Board had sufficient information to recommend street acceptance, and that the only issue was procedural. Ms. Scieszka stated that she didn’t see any reason to delay street acceptance waiting for grass to grow, but that she would have felt better if the As-Built had been accepted.
VOTE: The motion carried 5-1, with Mr. Al-Zaim voting in opposition.
Mr. Wadsworth requested staff to send a memo to notify the applicant.
WORK SESSION
ZBA/Planning Board Joint Discussion: Ms. Stickney advised the Board that she had sent the ZBA a list of possible discussion items, at the ZBA’s request, and asked if the Board would like her to pursue a meeting date. Mr. Wadsworth responded that there was plenty to be done before Annual Town Meeting, and suggested that the Board keep it in mind for a later date.
ZBA Comprehensive Permits: Ms. Stickney noted that the Duxbury Crossing 40B application had been appealed, and that the Merry Village 40B application had not been appealed and is going forward. Ms. Scieszka asked if perc tests were part of the permit, and Ms. Stickney replied that under 40B the applicant has two years. Mr. Wadsworth added that issues that would normally go before the Board would be part of the building permit process under 40B regulations.
Pratt Circle Homeowners’ Association: Mr. Moody questioned the procedures on this document that had not been recorded before all three subdivision lots were released, and Ms. Stickney advised that the procedures have changed and currently the Board decision on subdivision approval would need to be recorded at the Registry of Deeds before a building permit could be issued. Mr. Wadsworth and Mr. Al-Zaim both expressed that the homeowners and the applicant’s attorney need to work to resolve the issue.
Laurel Street Tree Cutting: Mr. Al-Zaim expressed concern over trees being cut down on Laurel Street from Temple Street to Amado Way, and asked if Laurel Way was considered a scenic road. Ms. Stickney offered to research the situation with the Town Tree Warden.
Meeting Minutes:
MOTION: Mr. Kimball made a motion, and Mr. Moody provided a second, to accept the Board meeting minutes of 01/30/06 as written. There was no discussion.
VOTE: The motion carried unanimously, 6-0.
2006 Annual Town Meeting Warrant Articles: Mr. Wadsworth noted that the list in tonight’s packet was considered the final numbering. Ms. Stickney advised the Board that at Annual Town Meeting the Board of Selectmen would be issuing a proclamation honoring past Board member, Mr. Rob Wilson, at the Board’s request.
APPROVAL NOT REQUIRED PLAN: GURNET ROAD / HUMMOCK LLC
No one was present to represent the applicant, although Ms. Stickney reported that she had notified the applicant’s builder, Mr. Daniel Orwig, of tonight’s agenda that included this ANR application to reconfigure lot lines creating five new lots. Ms. Stickney advised the Board that Town Counsel, Atty. Robert Troy, pointed out to her that there was not a structure on each lot in the proposed plan dated 12/02/05. Ms. Scieszka noted that Lot 3A showed no structure, and that Lot 4A contained two structures. Mr. Wadsworth noted that the application should not be going through an 81L process, and since no 81L exemption existed the plan should be reviewed per the routine ANR process. Mr. Al-Zaim asked why frontage was an issue in this application, and Ms. Stickney replied that it was an issue because the applicant is
proposing to change lot lines. Mr. Wadsworth noted that it appeared to be an ANR with two structures on one lot.
Mr. Al-Zaim referenced an earlier ANR application that had been approved through a Land Court appeal, and asked if the applicant was entitled to an exemption more than once. Ms. Stickney replied that Atty. Troy had not addressed that issue, and Mr. Al-Zaim suggested that Town Counsel be consulted on this issue. Mr. Wadsworth noted that the Board had sufficient information to reject the current ANR plan. Ms. Scieszka suggested that the staff memo on this topic should be included in the meeting minutes.
MOTION: Ms. Scieszka made a motion, and Mr. Bear provided a second, to NOT ENDORSE the Approval Not Required Plan entitled “ANR Plan of Land in Duxbury, Massachusetts” dated 12/02/05 since it lacks a structure left on each lot proposed and therefore does not meet the test of an MGL Chap. 41 Section 81L. Given no exemption exists, under the provision of an MGL Chap. 41, Section 81P approval of an ANR plan, the current plan lacks the requisite frontage and lot size required under zoning, and therefore approval under Subdivision Control Law is required.
DISCUSSION: Wording of the motion was discussed by Board members. Mr. Al-Zaim questioned why the Board referenced the lots, and Ms. Stickney replied that it was referenced because the plan did not include a structure on each lot. Mr. Wadsworth again suggested that staff should attach to the meeting minutes Ms. Stickney’s memo to the Board dated 02/08/06. Mr. Bear noted that Chapter 81L needs to be referenced in the vote because the application is not entitled to the exemption that allows these lots to be created with deficient frontage and lot area.
VOTE: The motion carried unanimously, 6-0.
CONTINUED PUBLIC HEARING ON ZONING ARTICLES FOR ANNUAL TOWN MEETING 2006
Mr. Wadsworth opened the public hearing at 9:00 PM. Present for the discussion were Historic Commission members Ms. Barbara Kiley, Ms. Nancy Bennett and Mr. Norman Tucker.
§ Annual Town Meeting Article 19 - Amendment to Zoning Bylaw Section 609.2 (Definitions) for new text relative to defining “demolition/substantial”:
MOTION: Ms. Scieszka made a motion, and Mr. Al-Zaim provided a second, to close the public hearing on Article 19, a proposed amendment to Zoning Bylaw Section 609.2 (Definitions) for new text relative to defining “Demolition/Substantial.”
DISCUSSION: Mr. Bear noted that he recommends Planning Board approval to Annual Town Meeting because the clarification of the term “substantial” takes away ambiguity for the Building Department. He also noted that the twenty percent threshold had the precedent of being used in other towns. Mr. Al-Zaim stated that 20% may not be high enough, but he would still recommend approval of the motion.
VOTE: The motion carried unanimously, 6-0.
MOTION: Ms. Scieszka made a motion, and Mr. Kimball provided a second, that the Board recommend approval of Annual Town Meeting Article 19, a proposed amendment to Zoning Bylaw Section 609.2 (Definitions) for new text relative to defining “Demolition/Substantial.” There was no discussion.
VOTE: The motion carried unanimously, 6-0.
§ Annual Town Meeting Article 20 - Amendment to Zoning Bylaw Section 609.3 (Demolition of Historically Significant Buildings) for new text changing “six months” to “one year.”
Ms. Kiley presented statistics that had been requested at the previous public hearing regarding the number of dwellings that could be affected by this proposed amendment. She said that in the 2000 census there were 3,947 single family dwellings and 5,334 total dwelling units in the Town of Duxbury. Of those, 1,013 were older than 75 years, representing 19 percent of total housing. Mr. Wadsworth noted that it would be an even higher percentage if the measurement had been against the single family dwelling count. Ms. Kiley noted that although there had been little public sentiment expressed so far either way, she was concerned that the amendment would not pass this year.
MOTION: Mr. Kimball made a motion, and Ms. Scieszka provided a second, to close the public hearing for Article 20, a proposed amendment to Zoning Bylaw Section 609.3 (Demolition of Historically Significant Buildings) for new text changing “six months” to “one year.” There was no discussion.
VOTE: The motion carried unanimously, 6-0.
MOTION: Ms. Scieszka made a motion, and Mr. Al-Zaim provided a second, to
recommend approval of Annual Town Meeting Article 20, a proposed amendment to Zoning Bylaw Section 609.3 (Demolition of Historically Significant Buildings) for new text changing “six months” to “one year.” There was no discussion.
VOTE: The motion carried unanimously, 6-0.
§ Annual Town Meeting Article 36 - Acceptance of revised Zoning maps to include Waterfront Scenic Overlay District and Publicly Owned Land District sheets:
MOTION: Ms. Scieszka made a motion, and Mr. Kimball provided a second, to close the public hearing for Article 36 on acceptance of revised Zoning Maps to include a Waterfront Scenic Area Overlay District and Publicly Owned Land District sheets. There was no discussion.
VOTE: The motion carried unanimously, 6-0.
MOTION: Ms. Scieszka made a motion, and Mr. Bear provided a second, to recommend approval of Annual Town Meeting Article 36 on acceptance of revised Zoning Maps to include Waterfront Scenic Area Overlay District and Publicly Owned District sheets. There was no discussion.
VOTE: The motion carried unanimously, 6-0.
Mr. Wadsworth requested that staff bring reports to Annual Town Meeting.
OTHER BUSINESS
GIS Article for ATM 2006: Ms. Stickney advised the Board that the Finance Committee and Board of Selectmen voted in favor of the ATM article approving a revolving accounting fund to be created to handle funds for public purchase of GIS information. She said that the opposing minority preferred that the funds go into the Town’s general fund.
ADJOURNMENT
The Planning Board meeting was adjourned at 9:28 PM. The next meeting of the Duxbury Planning Board will be held on Monday, February 27, 2006 at 7:30 PM in the Duxbury Town Offices.
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