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 10/23/06
Approved 11/27/06
The Planning Board met in the Duxbury Town Offices on Monday, October 23, 2006 at 7:30 PM.
Present: Amy MacNab, Chair; George Wadsworth, Vice-Chairman; Angela Scieszka, Clerk; John Bear, Brendan Halligan, and Harold Moody.
Absent: Jim Kimball and Associate Member Douglas Carver.
Staff: Christine Stickney, Planning Director; and Diane Grant, Administrative Assistant.
The meeting was called to order at 7:30 PM.
OPEN FORUM
South Shore Coalition: Ms. Scieszka reported that she had not heard anything lately from this group which she serves on as Planning Board representative. She’s checking into the reason.
DISCUSSION WITH CONSERVATION AGENT JOE GRADY RE: PROPOSED STORMWATER BYLAW AND LOT COVERAGE FOR ANNUAL TOWN MEETING
Ms. MacNab thanked Mr. Grady for attending tonight’s meeting. Mr. Grady introduced the proposed bylaw, stating that its purpose is to regulate drainage better at the suggestion of the Environmental Protection Agency (EPA). Stormwater runoff from residents’ yards and streets is considered the most serious pollution source today and needs to be addressed. He said that it is a topic of importance regionally. Mr. Grady stated that Horsley Witten Group, a consulting group with some of the country’s best experts on water and drainage, put together a grant and invited the Towns of Plymouth, Marshfield and Duxbury to participate. The resulting model stormwater bylaw provides a framework from which the Town of Duxbury could build their own.
Mr. Grady reported that a handful of towns have adopted a drainage bylaw, notably Dedham. It would become part of the approval process for Administrative Site Plan Review. (Mr. Wadsworth arrived at this point.) It would also be pertinent to residential construction to avoid runoff into neighbors’ yards or Town-owned storm drains. Mr. Grady stated that Town Hall staff would be responsible for administering the work. He said that he is not sure the Town is ready for this bylaw even though it is needed, and the Finance Committee and Board of Selectmen need to be approached yet.
Ms. Scieszka asked if another permitting body would need to be formed, and Mr. Grady stated that is not the intention. She noted that the proposed bylaw represents a tighter framework than currently exists, defining best management practices.
Mr. Moody asked if the proposed bylaw is more stringent than state stormwater regulations, and Mr. Grady replied that it is. He also noted that Mr. Wadsworth participated in drafting the proposed bylaw.
Ms. MacNab asked if the state was providing any pressure to adopt stormwater bylaws, and Mr. Grady responded that it is the federal EPA that is encouraging their adoption. He stated that the Department of Public Works (DPW) submits a five-year permit and each time the regulations become more stringent. He said that the stormwater drain system needs to be mapped and residents need to understand the effect of runoff from their property as a source of pollution.
Ms. Scieskza stated that the Board had seen a draft stormwater bylaw a year ago and asked what progress had happened since then. Mr. Moody noted that the bylaw being discussed tonight is dated December 2004. Mr. Grady stated that there had been no movement to date because of timing issues.
Mr. Bear asked if inspections and maintenance would be an issue. Ms. Scieszka noted that current subdivision approvals require maintenance plans. Mr. Wadsworth noted that homeowners do not always carry out proposed plans.
Ms. Scieszka asked if any other town in Massachusetts can provide an example of a successful stormwater bylaw, and Mr. Grady stated that the Town of Chicopee taxes residents a fee for an outside firm to inspect drains.
Ms. MacNab asked who would review permits, and Mr. Grady suggested that the Director of Inspectional Services could grant and regulate the permits. Ms. Scieszka recommended that creating a separate stormwater authority should be considered. Mr. Wadsworth noted that the Conservation Commission, the Planning Board, and the DPW all have an interest. Ms. Scieszka added that the Board of Health also has an interest. Ms. MacNab recommended that the Conservation Commission should be the primary authority. Mr. Grady suggested that forming an Engineering Department would be another idea, funding inspections from application fees. He noted that Mr. Tom Daley currently serves as Town Engineer.
Mr. Bear asked what would happen to current homeowners’ associations if a stormwater bylaw was put into effect. Ms. Scieszka asked if the Towns of Plymouth or Marshfield had acted on the proposed bylaw, and Mr. Grady replied that he believes that Marshfield adopted a bylaw for one section of town that was located on a hill and had runoff and flooding issues.
Mr. Wadsworth noted the expense of upgrading current drainage systems. Mr. Grady stated that proposed drainage upgrades in the Hall’s Corner area are projected to cost $360,000, and another $175,000 is the projected cost for the Snug Harbor area.
Mr. Bear suggested that the Town of Duxbury could start with adopting a bylaw for commercial uses only and phasing in other uses. Mr. Grady agreed this was a good approach which would allow the bylaw to be streamlined or improved. He suggested that with this bylaw, the Planning Board and Conservation Commission might be able to align their impervious coverage percentage requirements.
Ms. MacNab stated that it would take time to present the idea to residents and get their support. She recommended that a steering committee be formed and asked Mr. Grady to consult with Ms. Stickney regarding potential names for a study group. Mr. Halligan suggested that water quality be a convincing selling point to residents. Mr. Moody noted that cost could be an issue for residents, adding that projected costs need to be determined. Ms. MacNab thanked Mr. Grady for his presentation.
OTHER BUSINESS
Duxbury Farms Subdivision Endorsement: Ms. Stickney noted that she had heard from Town Counsel, Atty. Robert Troy, that the developers of this 40B comprehensive permit application are requesting that the Zoning Board of Appeals (ZBA) sign subdivision plans. Ms. MacNab asked what would happen if the Board did not endorse the plans. Ms. Stickney said that she wasn’t sure with a 40B. She stated that the lotting sheet notes should note a 40B even if an 81X plan is done. Ms. MacNab asked about the 81X lot, and Ms. Stickney replied that 81X shows the perimeter of the development, but the subdivision plan needs to be recorded to create lots.
Ms. MacNab stated that she doesn’t believe the subdivision plan should be signed by the ZBA, and requested staff to correspond with the ZBA to let them know that the Planning Board is the only entity that can sign subdivision plans.
(Ms. MacNab departed the meeting at 8:30 PM. Mr. Wadsworth assumed the role of chairman with Ms. MacNab’s departure.)
DISCUSSION WITH MEMBERS FROM THE LOCAL HOUSING PARTNERSHIP RE: PROPOSED AFFORDABLE HOUSING ON NON-CONFORMING LOTS BYLAW FOR ANNUAL TOWN MEETING
Present for the discussion from the Local Housing Partnership (LHP) were Ms. Diane Bartlett, Mr. Brendan Keohan and Mr. Charles Rourke. Mr. Rourke provided some background, stating that the LHP was formed in 2004 and has since worked to obtain a grant from the state to develop this proposed Zoning Bylaw. He stated that because there are enough small lots with smaller homes spread throughout the Town of Duxbury, affordable housing could be spread throughout on those small lots rather than the 40B approach of placing a cluster of affordable housing units on one large lot. With this proposed bylaw, an owner could obtain permission from the Town to build affordable housing on a non-conforming lot. Mr. Wadsworth noted this would enhance the value of an unbuildable lot.
Ms. Stickney noted that Mr. Ted Brovitz of Stantec had been engaged by the LHP to identify non-conforming lots. She referenced a draft bylaw produced by Stantec dated July 2006, and also a spreadsheet identifying potential lots in the Town of Duxbury. Ms. Scieszka asked about the spreadsheet’s accuracy, and Ms. Stickney responded that it was based on current information from the Assessor’s Department.
Ms. Scieszka noted that the house would be deed restricted and would fall under state Department of Housing and Community Development (DHCD) guidelines. Ms. Stickney added that this permit would be available to private owners only, and Mr. Rourke added that there would be a limit of one non-conforming affordable lot per owner. Ms. Bartlett noted that settling estates could be a potential acquisition process.
Mr. Moody asked how the minimum frontage of 25 feet had been determined. Ms. Stickney replied that Mr. Brovitz made a recommendation based on other Towns’ non-conforming lot bylaws. Mr. Wadsworth asked what the minimum lot size would be, and Mr. Rourke replied that it would be 10,000 square feet.
Mr. Halligan asked what would happen if someone who qualified for affordable housing had an increase in income that put them over the income eligibility level, and Ms. Stickney replied that there would be no restriction on future income once a potential owner has qualified, and that the owner would retain limited equity in the home. The owner would be restricted to low-income qualified buyers only when the house is sold. Mr. Halligan asked if mounded septic systems would be required on some of the identified lots, and Ms. Stickney advised him that with new construction, mounded septic systems would not be allowed without a variance from the Board of Health.
Mr. Wadsworth referred to a statement in the draft bylaw that the Town of Duxbury has the right of first refusal if an owner cannot find an affordable buyer, and asked what would happen if the Town cannot afford to purchase the property. Ms. Bartlett responded that, in that case, the Town would have to offer the property to five agencies. Mr. Rourke added that the LHP would keep list of eligible buyers that would be updated every three years.
Ms. Stickney noted that the LHP is requesting that the Board sponsor this proposed bylaw for Annual Town Meeting. Mr. Bear expressed concern that identified lots might be found not to be eligible. Ms. Scieszka stated that even if three to five lots were created from this bylaw, it would help. Ms. Stickney asked if the LHP members would agree to return for further discussion on Monday, November 20, 2006, and Ms. Bartlett and Mr. Rourke agreed. Ms. Bartlett requested Board members to review the proposed bylaw and forward suggested revisions to staff before the next meeting.
ADJOURNMENT
The Planning Board meeting was adjourned at 9:22 PM. The next meeting of the Duxbury Planning Board will be held on Monday, October 30, 2006 at 7:30 PM at Duxbury Town Hall, Small Conference Room, lower level.
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