Town of Duxbury
Massachusetts
Planning Board
Minutes 10/15/07
Approved 11/05/07
The Planning Board met in Duxbury Town Offices, Small Conference Room, lower level on Monday, October 15, 2007 at 7:30 PM.
Present: Amy MacNab, Chairman; George Wadsworth, Vice-Chair, Brendan Halligan, Clerk; John Bear, James Kimball, and Harold Moody.
Absent: Angela Scieszka.
Staff: Christine Stickney, Planning Director; and Diane Grant, Administrative Assistant.
Ms. MacNab called the meeting to order at 7:31 PM.
OPEN FORUM
Local Housing Partnership (LHP) – Mr. Wadsworth noted that the Planning Board has had representation at only two of the past nine LHP meetings. Ms. MacNab noted that Ms. Scieszka, Planning Board representative to the LHP, has had some family health issues during the past several months and has asked for help with coverage if she cannot attend. Mr. Wadsworth offered to attend meetings if possible when notified by staff that Ms. Scieszka cannot attend.
Regional APA Conference: Ms. Stickney reported that she had recently attended a planning association conference in Hyannis, and there was a focus on Smart Growth and retaining the New England character in smaller communities. She noted that several good ideas came from the workshops which may be helpful to consider for future Annual Town Meetings. She will distribute materials at a future Board meeting for the Board’s review and consideration.
Annual Town Meeting Articles: Mr. Wadsworth asked which articles will be going forward, and Ms. Stickney noted that an amendment to the Zoning Bylaws will be submitted to include a non-conforming lot bylaw, along with other minor corrections. The LHP will be putting forward two Community Preservation Act articles: 1) land acquisition and 2) Home Ownership program, which the housing consultant is working on.
Ms. MacNab asked for more information about the potential land acquisition, and Ms. Stickney replied that the LHP is interested in purchasing an existing building. Mr. Wadsworth noted that land with developable lots exists, stating that perhaps the LHP is not interested in using up all of their Community Preservation Act funds by acquiring land.
Mr. Wadsworth asked about the procedures for an affordable housing trust, and Ms. Stickney replied that a funding mechanism exists but there is no organization in place.
Ms. MacNab noted that the Board has attempted to set up meetings with other boards regarding potential zoning articles for Annual Town Meeting on topics such as height and grading.
Ms. Stickney added that another proposed amendment to the Zoning Bylaws will be the schedule for fees in lieu of affordable housing as part of the inclusionary housing bylaw. Currently an applicant does not make a cash payment until the project is at 30 percent with building permits, and the schedule needs to be adjusted so that partial payment begins with the initial building permit.
Ms. MacNab suggested that another potential amendment to the Zoning Bylaws could include tandem submission so that applicants who are applying through both the Planning Board and the Zoning Board of Appeals (ZBA) would be required to obtain a special permit for use through the ZBA before filing with the Planning Board for Administrative Site Plan Review. This would give the Planning Board more information to help with their review. Mr. Bear pointed out that in some cases the use is unknown because the applicant intends to lease out commercial space.
Ms. Stickney noted that the parking table needs revision, possibly for Annual Town Meeting 2009. She stated that this appears to be a common issue in other towns as well. Mr. Wadsworth noted that, for medical practices as an example, patients used to be scheduled every half hour and now they are scheduled every fifteen minutes, which would increase the amount of parking spaces needed. Ms. MacNab noted that enforcement of use may also be an issue that affects parking.
OTHER BUSINESS
Because it was not yet time for scheduled topics, the Board addressed other business.
Mainstream Engineering Invoices
MOTION: Mr. Halligan made a motion, and Mr. Bear provided a second, to approve payment of the following Mainstream Engineering invoices dated September 30, 2007:
§ #21023 in the amount of $247.50 for services related to Ingall’s Grove
§ #21024 in the amount of $362.50 for services related to Song Sparrow
§ #21015 in the amount of $585.50 for services related to Berrybrook School.
VOTE: The motion carried unanimously, 6-0.
Meeting Minutes
MOTION: Mr. Wadsworth made a motion, and Mr. Bear provided a second, to approve meeting minutes of September 24, 2007 as written.
VOTE: The motion carried unanimously, 6-0.
It was agreed to defer approval of Executive Session minutes from September 24, 2007 until the next meeting.
Snug Harbor Parking: Ms. MacNab asked staff to follow up on the issue of public parking at Snug Harbor subsequent to Mr. J.R. Kent’s discussion with the Board on July 23, 2007. Mr. Bear offered to participate in a subcommittee, noting that the Harbormaster and Highway and Safety Committee should be involved, as well as the Duxbury Rural & Historical Society and other commercial tenants.
INGALL’S GROVE AS-BUILT APPROVAL (OFF BAY ROAD)
Ms. Susan Johnson was present to represent the application. Ms. Stickney noted that all work has been completed on this two-lot subdivision. She noted that the second lot has not been built on so far. She also reported that she had contacted the project engineer to advise him that the As-Built plan requires a surveyor’s stamp. She stated that she had contacted the appplicants’ attorney, Robert E. Galvin, to ensure that the subdivision Certificate of Notification would be recorded on the title to ensure that a future owner would be aware of the required Homeowners’ Association. Ms. Stickney recommended that the Board grant As-Built approval.
Ms. MacNab asked Ms. Johnson if she had any comments, and Ms. Johnson stated that she is also hoping for As-Built approval.
MOTION: Mr. Halligan made a motion, and Mr. Wadsworth provided a second, to grant As-Built approval for the Ingall’s Grove subdivision, noting that the As-Built plans require a surveyor’s stamp; to direct staff to release the two lots; and to hold engineering escrow funds until all invoices have been submitted and paid.
VOTE: The motion carried unanimously, 6-0.
Ms. Stickney advised Ms. Johnson to contact the Planning office for further instructions.
PUBLIC HEARING: DELANO DRIVE (“T-FARM ESTATES”) SUBDIVISION RESCISSION (OFF HIGH STREET)
Ms. Nancy Teravainen was present to represent this proposal to rescind a two-lot subdivision approval. Mr. Halligan read the public hearing notice and correspondence list into the public record:
§ Public hearing notice
§ Letter from applicant submitted 09/20/07
§ GIS map and Assessor’s property cards
§ Staff memo dated 10/09/07.
Ms. Stickney noted that the subdivision was approved in 2005 and the applicants were allowed two years to construct the roadway. When the applicants were notified that their two-year deadline was approaching, they responded with a request to rescind the subdivision approval because they do not intend to subdivide the land at this point. With the rescission the two lots would go back to the one lot and the proposed roadway would be eliminated. If the Board endorses the subdivision rescission, the plan would be signed and recorded at the Registry of Deeds.
Ms. MacNab asked Ms. Teravainen if the subdivision rescission was at her request. Ms. Teravainen replied that the request was a well-thought out decision due to a change in family plans. Mr. Bear noted that there appear to be nine detached structures depicted on the plans, and Ms. Stickney noted it had been a working farm many years ago. Ms. Teravainen added that the land has been in the family for three generations and it had been used as a day camp for 28 years until 1984.
MOTION: Mr. Wadsworth made a motion, and Mr. Halligan provided a second, to close the public hearing regarding the rescission of the Delano Drive (T-Farm Estates) subdivision off High Street.
VOTE: The motion carried unanimously (6-0).
MOTION: Mr. Halligan made a motion, and Mr. Wadsworth provided a second, to approve at the applicants’ request the rescission of the Delano Drive (T-Farm Estates) subdivision off High Street and to endorse the plan entitled, “Rescission of Approval for Definitive Subdivision of ‘Delano Drive’ in Duxbury, Massachusetts,” dated July 19, 2007 and stamped by Joseph E. Webby, Jr., RPLS – one sheet.
VOTE: The motion carried unanimously (6-0).
MOTION: Mr. Bear made a motion, and Mr. Halligan provided a second, to release any remaining funds in the engineering review escrow account for the Delano Drive (T-Farm Estates) subdivision off High Street.
VOTE: The motion carried unanimously (6-0).
WAMSUTTA WAY SURETY RELEASE (OFF CONGRESS STREET)
No one was present to represent the applicant regarding As-Built approval and release of surety and escrow funds for this two-lot subdivision that was approved in December 2005. Ms. Stickney noted that now that the Conservation Restriction has been approved and recorded, the applicants have complied with all of the conditions of their subdivision approval, and recommended As-Built approval.
MOTION: Mr. Halligan made a motion, and Mr. Wadsworth provided a second, to endorse plans entitled, “As-Built Plan of Wamsutta Way in Duxbury, Mass.” dated July 28, 2006 and revised on August 10, 2006, stamped by Alan C. Vautrinot, Jr., RPLS – two sheets; to release the performance bond; and to release any remaining engineering escrow account funds.
DISCUSSION: Ms. MacNab asked about a recent “Acreage for sale” sign she saw at the property, and Ms. Stickney replied that it might be for the existing foundation with 28 acres of Conservation Restriction land. Mr. Wadsworth asked if the As-Built plans had been reviewed, and Ms. Stickney stated that Town consulting engineer, Mr. Walter Amory, had signed off on the plans.
VOTE: The motion carried unanimously (6-0).
The Board signed the As-Built plans.
ZBA REFERRAL: 483 TEMPLE STREET / DONNELLY
No one was present to represent this application for an accessory apartment proposed for the second floor of an existing barn. The Board reviewed the plans and noted that the use of the first floor of the barn had not been defined or depicted on plans.
MOTION: Mr. Bear made a motion and Mr. Wadsworth provided a second, to defer judgment to the Zoning Board of Appeals regarding a special permit application for 483 Temple Street, noting the following areas for ZBA review:
1) Title V certification is required.
2) Site plans need to be amended to show the proposed parking space for the accessory apartment.
3) Use of the first floor should be determined.
VOTE: The motion carried unaniamously, 6-0.
APPROVAL NOT REQUIRED PLAN OF LAND: SOULE AVENUE/BAY ROAD, ZERO BAY ROAD REALTY TRUST
Mr. Chafik Hamadeh was present as the applicant. Ms. Amy MacNab opened the discussion, noting that the Board is familiar with the site because Mr. Hamadeh had previously applied with the Town for a Local Initiative Project for the same site earlier this year. Mr. Hamadeh is now submitting an ANR plan for three lots. Ms. Amy MacNab noted that her mother-in-law, Ms. Roberta MacNab, lives in the neighborhood although she is not a direct abutter to the project. Ms. Amy MacNab asked Mr. Hamadeh if he had any objection to her participation in the discussion and vote, and Mr. Hamadeh replied that he had no objection.
Ms. Amy MacNab noted that two of the lots would have access and frontage on Sanger Road, and one lot would have access and frontage on Summerhouse Lane. Both roads were in existence prior to the adoption of Zoning Bylaws so they pre-date zoning regulations.
Mr. Hamadeh noted that the application meets all ANR requirements, although there are some dimensional corrections that need to be made on the final mylar.
Ms. Stickney reported that she had spoken with Mr. Hamadeh today regarding the property line on Sanger Road. On the two plans submitted with the ANR the property line varies. One shows the property line on the northerly side of Sanger Road, and the other plan shows the property line on the center of the roadway. The discrepancy in the total area reflects these differences as well. Also the scale of the two plans is different. Mr. Hamadeh submitted deeds that show the northerly side of Sanger Road as a “way,” not a “right of way.” Ms. Stickney reported that the site was previously a larger parcel of land from which pieces had been carved out over the years.
Mr. Hamadeh stated that today he had spoken with his attorney, Mr. Robert E. Galvin, who was not able to attend tonight’s meeting. He stated that, based on his review of the deeds, Atty. Galvin agrees that the area of Sanger is included in the parcel owned by Zero Bay Road Realty Trust.
Ms. Amy MacNab noted that the lot lines are paramount to making a decision, and stated that complete plans are needed for the Board to act. Mr. Hamadeh stated that the plans need to be amended to correct a lot line. Ms. Amy MacNab noted that the application before the Board shows two plans with discrepant information and one plan that notes that modifications are intended, so she could not assume the accuracy of either plan. She added that roads need to be deemed safe and adequate by the Board. One roadway is not constructed so would not meet those standards.
Mr. Hamadeh stated that he is not planning to use the unconstructed part of the road, noting that Deputy Fire Chief, William Carrico, had commented earlier that the roadway was safe and adequate for twenty condominiums on the same site.
Mr. Wadsworth suggested that he would prefer if lot lines were amended to create one more unbuildable lot.
Ms. MacNab suggested that a cleaner approach might be to go through the subdivision process with waivers. She stated that she has a hard time convincing herself that the current plan meets ANR requirements. Mr. Hamadeh stated that he is not interested in filing a subdivision plan because the time and expense involved make it financially infeasible. Ms. Amy MacNab stated that an ANR plan must meet the letter of the law, and Mr. Hamadeh contended that it does. He invited the Board to consult with Town Counsel, and Ms. Amy MacNab responded that the decision ultimately rests with the Board.
Mr. Moody and Mr. Wadsworth questioned concrete bounds depicted on the plans, and Ms. Stickney recommended that the bounds should be ignored because they were set differently than current standards. Mr. Moody stated that he is not convinced that the application meets frontage requirements on Summerhouse Lane although he believes it might. He suggested that the answer could be legally determined to everyone’s satisfaction.
Ms. Amy MacNab noted that it needs to be confirmed that Summerhouse Lane continues through to Torrey Lane. Mr. Hamadeh agreed to return to the next Board meeting to finalize the approval after confirming this legal question.
Ms. Amy MacNab invited public comment:
Ms. Jeannie Horne of 20 Sanger Road noted that she is a direct abutter and asked what the twenty-day clock refers to. Ms. Amy MacNab responded that when an ANR application is filed, the Board has 21 days to act. If 21 days pass without Board action, the plan is granted constructive approval by the Town Clerk. The applicant may also agree to extend the decision deadline. Ms. Horne asked if lots could be combined again after an ANR plan is approved. Mr. Wadsworth replied that every lot is combinable. Ms. Horne expressed her concern that something other than a single-family dwelling could be constructed on the lot, and Ms. Amy MacNab explained that current Zoning Bylaws stipulate one single-family dwelling per lot. Ms. Horne asked about the existing access off of Sanger Road, and Mr. Hamadeh replied that he will be
discussing the matter with the neighbors affected.
Ms. Betty Ann Fortunato of 78 Indian Trail stated that most neighbors would prefer a three-lot subdivision over the initial proposal for twenty units, as long as the issues can be worked out. Mr. Wadsworth noted that Board approval of an ANR plan does not guarantee that lots are buildable; the Director of Inspectional Services determines that.
Ms. Roberta MacNab of 117 Soule Avenue asked if Mr. Hamadeh owns Summerhouse Lane, and Mr. Hamadeh replied that he owns part of Summerhouse Lane, and it is to be determined if his ownership of Sanger Road should be considered part of a lot or not. Mr. Bear stated that ownership of Sanger and Summerhouse needs to be determined, and it also needs to be determined if frontage can be included as part of a lot. Mr. Hamadeh stated that if the Sanger Road lot line needs to be moved, he still believes he meets the requirements for an ANR plan.
Ms. Roberta MacNab asked about the size of the proposed dwellings, and Mr. Hamadeh replied that the dwelling size will be limited by the septic design.
Ms. Linda Sjoberg of 39 Soule Avenue received clarification about the application.
MOTION: Mr. Bear made a motion, and Mr. Wadsworth provided a second, to extend discussion regarding an ANR plan of land on Bay Road, Soule Avenue, Sanger Road and Summerhouse Lane to October 29, 2007 at 8:30 PM, with plans and materials due by October 24, 2007 and a decision deadline of November 6, 2007.
VOTE: The motion carried unanimously, 6-0.
Mr. Hamadeh signed an ANR extension form.
OTHER BUSINESS (continued)
Duxbury Farms: Ms. MacNab commented that the Board of Selectmen meeting of October 1, 2007 went well. At that meeting Town Counsel, Atty. Robert Troy, set out clear directives to the Duxbury Farms applicant to file with the Planning Board. She referenced a letter received today to the Board from an attorney for the applicant, Atty. David Weiss. Mr. Halligan suggested that due to threatening language in the final paragraph of that letter, he recommends that all future correspondence be through Town Counsel.
ADJOURNMENT
The Planning Board meeting was adjourned at 9:32 PM. The next meeting of the Planning Board will take place on Monday, October 29, 2007 at 7:30 PM in Town Offices, Small Conference Room, lower level.
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