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 03/05/07
Approved May 14, 2007
The Planning Board met in the Duxbury Town Offices on Monday, March 5, 2007 at 7:30 PM.
Present: Amy MacNab, Chairman; George Wadsworth, Vice-Chairman; Angela Scieszka, Clerk;
John Bear, Brendan Halligan, Jim Kimball, and Harold Moody.
Absent: Associate Member Douglas Carver; and Christine Stickney, Planning Director;
Staff: Diane Grant, Administrative Assistant.
Ms. MacNab called the meeting to order at 7:31 PM.
OPEN FORUM
South Shore Coalition: Ms. Scieszka reported that she would be unable to attend an upcoming meeting, and asked if any Board member could attend in her place. She stated that the topic would be a presentation on Smart Growth Districts by Mr. Angus Jennings.
Community Preservation Committee (CPC) Proposal for Artificial Turf for School Athletic Fields: Mr. Wadsworth reported that Town Counsel, Atty. Robert Troy, attended the March 1, 2007 CPC meeting. An issue had arisen of whether the School Department needed to grant an easement to the CPC, and Atty. Troy had advised the CPC that an easement is not necessary. A CPC motion to recommend approval of the proposal with funding at $670,000.00 failed. A motion to recommend approval of the proposal with funding at $500,000.00 without the easement passed 5-1-1, with Mr. Wadsworth voting against and one other CPC member abstaining. Mr. Wadsworth stated that the $500,000.00 funding seems in line with what other communities are setting aside.
Mr. Wadsworth stated that the vote will be characterized as CPC support for the project when in reality the CPC is only recommending that it be brought before Annual Town Meeting. He advised the Board that the CPC has always taken articles to Annual Town Meeting unless it was legally not possible. The article would require that the applicants fund $2.00 toward any dollar from CPA funds. The proposal covers only work performed on drainage and underneath the fields. Ms. MacNab expressed her opinion that the Board of Selectmen should not have urged the CPC in any direction, and the CPC should have remained silent regarding this recommendation.
Mr. Wadsworth noted that the Board of Selectmen also voted to recommend support for this article. He stated that some CPC members plan to speak against the article at Annual Town Meeting. Mr. Halligan expressed concern that if the article passes, some residents may challenge the concept of Annual Town Meeting as a result. Ms. Scieszka stated that the CPC should have acted as gatekeepers to fend off pressure to move the article to Annual Town Meeting. Mr. Wadsworth noted that, as a result of this issue, the CPC has decided to develop guidelines that may help to prevent articles like this one to move forward in the future.
Mr. Wadsworth also noted that the CPC had recommended approval of $125,000.00 funding for plans and specifications for restoration of the Tarkiln Building on Summer Street.
APPROVAL NOTE REQUIRED (ANR) PLAN OF LAND: 0 & 360 CHURCH STREET / REES
Present for the discussion representing the applicants were Mr. Rick Grady and Mr. Kevin Grady of Grady Consulting. Mr. Rick Grady stated that the applicants wish to construct an addition to their existing dwelling but they need 50,000 square feet of land in order to meet Board of Health guidelines. He noted that Title V regulations do not distinguish between upland and wetland. He stated that they understand that this is a Board of Health issue that they intend to address.
Ms. MacNab advised the Board that she had spoken with the Director of Inspectional Services, Mr. Scott Lambiase, regarding this application. She stated that the current Zoning Bylaws define area in order to eliminate “pork chop” lots such as this one. She noted that the “tail” of the lot would not be included in the lot area calculations for zoning purposes. Mr. Wadsworth noted that the structure already exists. Ms. MacNab stated that the existing lot is already deficient and the proposed new lot would be slightly more deficient.
Ms. Scieszka noted that both lots are located within the Aquifer Protection Overlay District, where the minimum lot size increases from 40,000 square feet to 60,000 square feet. She stated that the proposed ANR would create two nonconforming lots, and new lots should be created in order to increase conformity with current zoning bylaws rather that increasing nonconformity. She added that, with no frontage for Parcel A, it does not conform with current zoning bylaws.
Mr. Kevin Grady stated that he respectfully disagreed with the statement that the ANR was creating new lots. He stated that the purpose of the ANR was not to determine whether lots are conforming or not, but rather to ensure that a subdivision is not being created. Mr. Wadsworth noted that once lot lines are changed, you lose any grandfathering. Mr. Kevin Grady replied that this determination is outside of the Board’s purview, stating that he does not see any zoning issue. He stated that they are simply adding 15,000 square feet from one non-conforming lot to another non-conforming lot. Ms. MacNab advised him that she believes he does have some zoning issues to address. Mr. Wadsworth noted that the Board of Health will address those issues.
Mr. Wadsworth added that he found it hard to believe that the Board of Health would allow wetlands within the Aquifer Protection Overlay District to count toward lot area. Mr. Kevin Grady agreed that with a brand new lot, 60,000 square feet of upland is required for a building permit. Mr. Wadsworth pointed out that ANR endorsement would not certify compliance with current zoning.
MOTION: Mr. Moody made a motion, and Mr. Wadsworth provided a second, to approve a Plan of Land entitled, “Plan of Land, Church Street, Duxbury, Massachusetts” dated February 1, 2007, stamped and signed by Paul T. Grover, PLS – one sheet, as not requiring approval under Subdivision Control Law, noting that it does not certify compliance with Zoning Bylaws. There was no discussion.
VOTE: The motion carried unanimously, 6-0.
The Board signed the ANR plan.
CONTINUED PUBLIC HEARING ON WARRANT ARTICLE #29 FOR ANNUAL TOWN MEETING 2007: AMENDMENT TO ZONING BYLAWS REGARDING INFORMATION TO BE SUBMITTED AND TIME OF SUBMISSION FOR PLANNED DEVELOPMENTS
Ms. MacNab opened the continued public hearing at 8:17 PM. Ms. Scieszka read the correspondence list into the public record:
§ Wording of Article 29 as proposed
§ Article 400, Planned Development section of Zoning Bylaws as adopted at Annual Town Meeting 1973, submitted by S. Wilson on 03/01/07
§ Memo from Town Counsel, R.S. Troy dated 02/28/07 re: response to request for opinion
§ Staff memo dated 02/15/07
§ Email from J. Lampert to C. Stickney dated 03/04/07 re: PD
§ Memo from R.S. Troy to D. Grant dated 03/05/07 re: Article 29
§ Recodification of Protective Bylaw from the 02/13/75 issue of the Duxbury Clipper, submitted by S. Wilson on 03/05/07
Ms. MacNab noted that Town Counsel, Atty. Robert Troy, had written a clear indication that the article can be submitted.
MOTION: Ms. Scieszka made a motion, and Mr. Wadsworth provided a second, to close the public hearing regarding Annual Town Meeting Article 29, a proposed amendment to Zoning Bylaws regarding information to be submitted and time of submission for Planned Developments. There was no discussion.
VOTE: The motion carried unanimously, 6-0.
MOTION: Ms. Scieszka made a motion, and Mr. Halligan provided a second, to recommend approval of Annual Town Meeting Article 29, a proposed amendment to Zoning Bylaws regarding information to be submitted and time of submission for Planned Developments. There was no discussion.
VOTE: The motion carried unanimously, 6-0.
OTHER BUSINESS
Reconsideration of Recommendation of Annual Town Meeting Warrant Article #17 Regarding Funding of Construction and Bid Documents for Historic Restoration of the Tarkiln Community Center on Summer Street: Ms. Scieszka requested that the Board revote on this proposed article, or else choose to remain neutral. Ms. MacNab noted that although she had not been present for the vote at last week’s Board meeting, she was hesitant to take back a vote and was not sure of the legalities of a revote. Mr. Wadsworth noted that no public hearing was required for this vote, and it was simply an expression of the Board’s opinion.
MOTION: Ms. Scieszka made a motion to reconsider the Planning Board vote regarding Annual Town Meeting Warrant Article #17, regarding funding of construction and bid documents for historic restoration of the Tarkiln Community Center on Summer Street. There was no second. The MOTION FAILED.
Annual Town Meeting Board of Selectmen Recommendation Process: Ms. MacNab questioned the benefit of the Board of Selectmen inviting the Planning Board to attend a Board of Selectmen discussion of proposed Zoning Bylaw amendments for Annual Town Meeting. She stated that the Planning Board had never attended a discussion on warrant articles in years past and noted that they would not be able to provide any insight on articles at the time because they had not yet held public hearings. She felt it was not a good use of the Board’s time.
Annual Town Meeting Article Regarding Height: At their February 12, 2007 meeting the Board had voted (3-2) to recommend approval of this warrant article. Ms. MacNab reported that she had spoken with Mr. James Lampert, chairman of the Zoning Board of Appeals, and she now recommends that this proposed article be indefinitely postponed. She recommended that members of the ZBA and the Board should work toward refining the article to come up with a clear, defensible article that addresses the issue of grade as well. She noted that Mr. Lampert would be making a similar recommendation to the ZBA at their administrative meeting tonight.
Ms. MacNab noted that Mr. Kimball had made a good point during past discussions on this article that making revisions at Annual Town Meeting invites crafting of Zoning Bylaws at Town Meeting floor. Mr. Wadsworth stated that he felt the article as proposed could stand alone without revision, but agreed that he would go along if the Board’s consensus was to choose indefinite postponement.
MOTION: Mr. Kimball made a motion, and Mr. Wadsworth provided a second, to reconsider the Board’s recommendation regarding Annual Town Meeting Article #32, a proposed amendment to the Zoning Bylaws regarding the definition of height. There was no discussion.
VOTE: The motion carried unanimously, 6-0.
MOTION: Mr. Wadsworth made a motion, and Mr. Halligan provided a second, to recommend indefinite postponement of Annual Town Meeting Article #32, a proposed amendment to the Zoning Bylaws regarding the definition of height. There was no discussion.
VOTE: The motion carried unanimously, 6-0.
Planning Board Meeting Schedule: Mr. Moody asked if the Board plans to meet every other week during the summer, and Ms. MacNab confirmed. Ms. Scieszka noted that the schedule would apply to July and August.
ADJOURNMENT
The Planning Board meeting was adjourned at 9:47 PM. The next meeting of the Board will take place on Monday, March 10, 2007 at 9:00 AM in conjunction with Annual Town Meeting at the Performing Arts Center.
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