Town of Duxbury
Massachusetts
Planning Board
Minutes 08/20/07
Approved September 10, 2007
The Planning Board met in Duxbury Town Offices, Small Conference Room, lower level on Monday, August 20, 2007 at 7:30 PM.
Present: Amy MacNab, Chairman; George Wadsworth, Vice-Chair, Brendan Halligan, Clerk; John Bear, James Kimball, Harold Moody and Angela Scieszka.
Absent: Diane Grant, Administrative Assistant.
Staff: Christine Stickney, Planning Director.
Ms. MacNab called the meeting to order at 7:30 PM.
OPEN FORUM
95 Tremont Street Medical Offices: Mr. Kimball discussed a conversation he had with the Planning Director concerning the property at 95 Tremont Street (Dr. Oliver’s) currently before the Zoning Board of Appeals. Mr. Kimball suggested the applicant may want to consider mix uses as a solution to the parking issue. His suggestion would allow the first two floors to remain commercial and the third floor to become residential. The building has both a front and rear access that can separate the uses. Members discussed the difference in parking requirements as well as possible long term leases that may be problematic. Mr. Kimball suggested staff contact Mr. Brogna, the applicant’s representative, and discuss the potential of a mixed use. Ms. MacNab questioned how such a change could be possible under the
Title V requirements. Ms. Stickney noted that today residential above commercial requires a special permit but it also may trigger the inclusionary bylaw if more than six units are proposed.
MOTION: Mr. Bear made a motion, and Mr. Halligan provided a second, to amend the Planning Board’s recommendation to the Zoning Board of Appeals regarding the Standish LLC Special Permit referral to reflect a suggestion to consider the upper floors for residential occupancy to reduce the burden of parking currently occurring on the property.
DISCUSSION: Ms. Scieszka felt the motion should reference only the third floor, not “upper floors.” Mr. Wadsworth questioned if the proposal would be for residential rental or ownership. Mr. Kimball felt that condominiums would be the most beneficial to the applicant and Mr. Wadsworth noted there may be long term leases and that office space can be condominiums as well.
VOTE: The motion carried unanimously, 7-0.
Duxbury Bay Maritime School, Washington Street: Mr. Wadsworth and Mr. Bear attended the presentation by the Duxbury Bay Maritime School on their construction plans last Wednesday, August 15, 2007. They reported on the proposal and commented on the wind turbine proposed. There was some discussion as to the need for a Special Permit from the Zoning Board of Appeals and Site Plan review. Ms. Stickney noted that they filed today for a Notice of Intent from the Conservation Commission.
Snug Harbor Parking: Mr. Bear mentioned his desire to work on parking and traffic issues with Snug Harbor. Members agreed to have him work with the Highway Safety Committee and the Police safety officer. It was agreed to have this put on a future agenda for discussion.
APPOINTMENT: MR. & MRS. STANLEY MERCER, 198 CRESCENT STREET
The Mercers requested to meet with the Planning Board to discuss possible options available to reconfigure lot lines concerning two of their lots. Years ago the Mercers received a “Paragraph C” approval which allowed a tract of land to be divided into three lots. Two of the lots have no frontage and one lot has frontage on Crescent Street. The only requirement with the “Paragraph C” approval was that they have a common right of way across the lot with frontage that provided access for all three. Paragraph Cs are no longer issued .Today the Mercers own two of the three lots and they would like to sell one lot with the existing house and build a smaller house on the vacant lot.
Staff had provided a memo dated August 15, 2007 that outlined a possible alternative, a definitive subdivision application with an 81R waiver request. Ms. MacNab noted that this can be an expensive application with no likelihood of approval because in the past 81R waivers were only considered when there was a significant public benefit such as the issuance. She noted that in the Mercer’s circumstances there appeared to be no significant public benefit.
Ms. Denise Clinton, a realtor working with the Mercers, said that potential buyers have not been interested in the existing dwelling because it lacked frontage and most buyers wanted their own driveway. Members discussed how maintenance is currently performed with the driveway between all the owners. Mr. Shane Brenner, a registered land surveyor present for another matter, asked the Mercers if they had considered easements that would allow the other driveway. Mr. Moody concurred with Mr. Brenner that this is a common practice in such situations and would appear to solve the issue of the private driveway.
Mr. Bear commented on his own residential situation with a shared driveway and how it was not a deterrent to marketability. The Mercers thanked the Planning Board for their input.
APPROVAL NOT REQUIRED PLAN OF LAND, 500 CONGRESS STREEET AND FRANKLIN STREET (SUN TAVERN) / DUBCO & ALPAT REALTY TRUST
Ms. Stickney informed the Planning Board that normally an Approval Not Required plan would not go before them on such short notice, but given the Planning Board’s schedule and a liquor license transfer directly related to the ANR, she had allowed the applicants to come in tonight. A memorandum dated August 20, 2007 was provided to the Board outlining the circumstances and staff’s recommendation for endorsement.
Mr. Shane Brenner of McKenzie Engineering represented the applicants and explained that the Sun Tavern is being sold. As part of the sale, the value of the property involved was being established which included a vacant lot off Franklin Street. The ANR plan proposed taking 16,708 square footage from the existing lot of Sun Tavern and adding it to the Franklin Street lot to comply with the required lot area and uplands requirement. Members noted that this ANR does not determine the buildability of the lot. There would still be issues with Title V and Conservation jurisdiction with the wetlands that would need to be addressed before issuance of any building permit. Mr. Moody noted with his experience as a title lawyer that this is common because the banks like to see if there is enough collateral for a bank loan.
Ms. MacNab questioned the ownership of the two parcels and the Realty Trusts listed. She noted that Kevin Dubois was listed as a trustee on both but in different ways: Kevin Dubois and Kevin A. Dubois, Jr. Mr. Brenner assured the Board he was the same Kevin Dubois listed in both. Mr. Halligan suggested that the applicants forward documentation to the Planning Office attesting this was the same individual.
MOTION: Mr. Wadsworth made a motion, and Mr. Halligan provided a second, to endorse the Approval Not Required Plan entitled, “Plan of Land, 500 Congress Street, Assessors Map 070-603-000 & Map 070-003-004” dated August 17, 2007 and stamped by Shane M. Brenner, RPLS of the McKenzie Engineering Group, one sheet, contingent upon satisfactory receipt of documentation relative to the owner, seconded by Mr. Halligan. There was no discussion regarding the motion.
VOTE: The motion carried unanimously, 7-0.
AS-BUILT APPROVAL: 21 CHESTNUT STREET (GRIFFIN)
Ms. Stickney reported that since the Planning Board’s last meeting, the As-Built surety has been returned and some planting has been accomplished along the wall.
MOTION: Mr. Wadsworth made a motion, and Mr. Halligan provided a second, to grant As-Built Approval for 21 Chestnut Street Administrative Site Plan Review. There was no discussion regarding the motion.
VOTE: The motion carried unanimously, 7-0.
WORK SESSION: AFFORDABLE HOUSING BYLAW SUBMITTED BY THE LOCAL HOUSING PARTNERSHIP (LHP)
The Planning Board reviewed and discussed the proposed bylaw submitted by the LHP. The LHP would like to have the Planning Board co-sponsor the bylaw with them for the March 2008 Annual Town Meeting. The matter was tabled from the last meeting so that all the members could have input.
Ms. MacNab had noted that she would like to see wording that prohibits any future additions or alterations that would exceed the 2,500 maximum floor area ratio.
Members discussed the Floor Area Ratio under #7 of the proposed Section 570.3 of the Zoning Bylaws. It appears that the 0.15% is incorrect; it should read 15% or 0.15. Item number #7 was amended to read 0.15 and also the footnotes of Figure 1 will be revised.
Discussion pursued on the difference between building coverage and lot/site coverage and the existing provisions in the bylaw compared with these new provisions. It was agreed that the bylaw provides a definition for building coverage and site coverage, so the terminology should match. Members also agreed to delete item #8 under Section 570.2 “lot coverage” as mentioned above.
Under #4 “Setbacks” of Section 570.3, members discussed the potential for future decks being added to structures that could eventually become permanent habitable space. It was agreed to delete “housing units” and replace it with “all structures.”
Mr. Wadsworth expressed his opinion that there should also be under #3 of section 570.3 a maximum lot area along with the minimum lot area. Members appeared to have concern with this and nothing was added to this section.
Under #13 “Control of Substantially Irregular Lot Shape” of section 570.3, members also noted the 0.4% and recommended it be changed to 40%.
Ms. Scieszka expressed her concern that the bylaw allows too big of a house on a small lot. She would like to see if the Floor Area Ratio (FAR) could be adjusted so that the small lots can only accommodate small houses. Members suggested that Ms. Stickney work with the Director of Inspectional Services to see if a range of FARs could be established.
Ms. MacNab asked if preference could be given to residents of the Town of Duxbury. Mr. Halligan asked if U.S. war veterans could be given a preference as well. Ms. Stickney offered to consult with Town Counsel regarding the legality of these preferences.
Ms. MacNab asked the members for their overall feelings with the proposed bylaw and if they would be agreeable to co-sponsorship. Mr. Bear he felt he could support it; Mr. Wadsworth felt he would need to recuse himself unless a maximum lot area of 40,000 was included since he has an eligible lot; Ms. Scieszka answered no, citing her concern with the FAR; Mr. Moody replied yes with some changes; Mr. Halligan replied yes with changes; and Mr. Kimball said yes but with a lot of work.
It was agreed that Ms. Stickney would let the LHP know of this overall consensus and the Planning Board’s desire to work with the LHP toward co-sponsorship and revisions needed to the proposed bylaw. The Planning Board agreed to have staff make these revisions discussed and return at a future meeting with the FAR options.
WORK SESSION: PROPOSED REPEAL OF CHAPTER 40B
Ms. MacNab provided background to the members regarding Duxbury’s involvement in 2002 with trying to get legislative support for amending Chapter 40B. She also noted that the Town of Walpole appears to be trying again the same type of initiative and she would like to directly contact Walpole and let them know of Duxbury’s involvement. Mr. Kimball noted that there was a letter also from the Walpole Board of Selectmen and that we should get our Selectmen on board with this as well. Ms. MacNab would like to contact our legislators and seek their support as well. Ms. MacNab will contact the Walpole representatives about their letter.
OTHER BUSINESS
Planning Board Meeting with Land Use Boards: Ms. Stickney noted that the Board of Health is agreeable to attend the Planning Board’s September 10, 2007 meeting.
Wright Building, Saint George Street: Members noted the Massachusetts Historical Commission letter dated August 14, 2007 informing the Town of the Wright’s Building acceptance on the National Register of Historic Places.
Engineering Invoices:
MOTION: Mr. Halligan made a motion, and Mr. Wadsworth provided a second, to pay Amory Engineering invoice #11795 in the amount of $1,361.25 for services related to the Dingley Dell subdivision.
VOTE: The motion carried unanimously, 7-0.
MOTION: Mr. Wadsworth made a motion, and Mr. Halligan provided a second, to pay the following Mainstream Engineering invoices:
§ #20997 in the amount of $841.00 for services related to Ingall’s Grove
§ #20998 in the amount of $1,156.50 for services related to Song Sparrow
§ #21000 in the amount of $100.60 for services related to the Duxbury Yacht Club maintenance building
§ #21001 in the amount of $349.50 for services related to Berrybrook School.
VOTE: The motion carried unanimously, 7-0.
Duxbury Farms: Ms. MacNab informed Board members that the Zoning Board of Appeals is having an administrative meeting this coming Wednesday, August 22, 2007 to discuss both a possible modification of the Chapter 40B approval and signing plans for the Registry of Deeds. She is planning on attending and urged her fellow members to attend. Mr. Kimball questioned why after Town Counsel’s opinion the Board of Appeals is agreeable to sign. Ms. MacNab said that she heard that Attorney Mark Brobowski will be attending to make a case for why the Zoning Board Appeals can sign the plans under their Chapter 40B jurisdiction.
Ms. MacNab read a draft of a letter that she would like to send to the Plymouth Registrar if the Board of Appeals does sign the plans, and she requested the Planning Board’s support and vote.
MOTION: Mr. Bear made a motion, and Mr. Wadsworth provided a second, to draft a letter to the Registry of Deeds of Plymouth County instructing them not to record any subdivision plans for Duxbury Farms that are not signed by the Duxbury Planning Board, and to have Town Counsel review such letter.
VOTE: The motion carried unanimously, 7-0.
MEETING MINUTES
MOTION: Mr. Wadsworth made a motion, and Mr. Halligan provided a second, to approve meeting minutes of June 11, 2007 as amended.
VOTE: The motion carried unanimously, 7-0.
MOTION: Mr. Wadsworth made a motion, and Mr. Halligan provided a second, to approve the minutes of June 25, 2007 as amended.
VOTE: The motion carried 5:0:2, with Mr. Wadsworth and Ms. Scieszka abstaining.
ADJOURNMENT
The Planning Board meeting was adjourned at 10:35 PM. The next meeting of the Planning Board will take place on Monday, September 10, 2007 at 7:30 PM in Town Offices, Small Conference Room, lower level.
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