Town of Duxbury
Massachusetts
Planning Board
Minutes 12/17/07
Approved January 14, 2008
The Planning Board met in Duxbury Town Offices, Small Conference Room, lower level on Monday, December 17, 2007 at 7:30 PM.
Present: George Wadsworth, Vice-Chair; Brendan Halligan, Clerk John Bear, and Angela Scieszka.
Absent: Amy MacNab, Chairman; James Kimball and Harold Moody.
Staff: Christine Stickney, Planning Director; and Diane Grant, Administrative Assistant.
Mr. Wadsworth called the meeting to order at 7:31 PM.
OPEN FORUM
Local Housing Partnership: Ms. Diane Bartlett and Mr. Charles Rourke from the Local Housing Partnership were present and asked to speak with the Board regarding the proposed Affordable Housing Bylaw and removing the proposed restriction of lot size at 40,000 square feet. Mr. Rourke stated that the LHP has learned that the research performed by Mr. Ted Brovitz of Stantec Consulting did include all lot sizes within the Town of Duxbury. With the 40,000 square foot restriction, 22 non-conforming lots would be eligible for an affordable housing restriction, and without the restriction, 34 lots would be eligible.
Mr. Wadsworth stated that this is a negligible difference. Ms. Scieszka stated that she supports the removal of the lot size restriction. She asked if there would be any protection from future ANR applications, and Mr. Rourke read from the proposed bylaw that a deed restriction would limit each lot to only one house. Ms. Stickney advised the Board that it would be a discretionary permit with conditions and the deed restriction would be recorded on the title. Ms. Scieszka suggested that it should be built-in rather than discretionary. Ms. Stickney stated that enforcement would provide protection.
Ms. Stickney advised the Board that Ms. Judi Barrett, a housing consultant who resides in the Town of Duxbury, has reviewed the proposed bylaw and recommended minor revisions. Ms. Barrett also recommended removal of the lot size limit.
Mr. Wadsworth stated that he recommends the cap on lot size, and noted that the Board cannot take action in the form of a vote during Open Forum. Ms. Stickney reported that the legal notice would be included in the December 26, 2007 Duxbury Clipper. Changes can be made before the advertisement because the warrant is a draft at this point. At a future public hearing, the Board can make amendments to the warrant as presented. Ms. Stickney advised that the warrant article would need to be re-advertised only if the restriction were to become more intensive. She also stated that the wording of the warrant would not be included verbatim in the legal notice; only a general description is required.
Mr. Rourke then advised the Board that the proposed Affordable Housing Trust also needs to be amended to allow an individual to sell a lot to the Affordable Housing Trust. Mr. Wadsworth advised Mr. Rourke that this would be a question for Town Counsel and not the Planning Board. Ms. Stickney offered to contact Town Counsel for clarification and if deemed not a problem she would make the revision.
APPROVAL NOT REQUIRED PLAN OF LAND: 723 UNION STREET AND 10 HOMESTEAD PLACE ( FORLIZZI / OKERFELT)
Mr. Nick Forlizzi was present to represent the application, stating that Mr. Okerfelt, the applicant, was unable to attend. Ms. Stickney referenced her staff report which stated that Mr. Forlizzi’s previous ANR had not been recorded, and advised the Board that since the writing of her staff report she now has confirmed that the previous ANR has been recorded. She recommended endorsement, as the proposed plan meets ANR requirements.
Mr. Wadsworth questioned whether the proposed new lot was properly depicted, because the former property line was shown as a dotted line. He stated that dotted lines depict easements and suggested that the ANR plan needs to be revised to show a solid line for the former lot line.
Mr. Forlizzi agreed to have the surveyor revise the mylar to show a solid line for the former lot line. Board members agreed to come to the Planning office to sign the revised mylar.
MOTION: Ms. Scieszka made a motion, and Mr. Halligan provided a second, to endorse a plan of land entitled, “Approval Not Required Plan in Duxbury, Massachusetts,” regarding 723 Union Street and 10 Homestead Place dated November 6, 2007 and stamped and signed by Christopher S. Kelley, PLS – one sheet, contingent upon the former lot line being revised on the mylar from a dotted line to a solid line.
VOTE: The motion carried unanimously, 4-0.
Ms. Stickney advised Mr. Forlizzi to return the revised mylar to the Planning office at his earliest convenience.
OTHER BUSINESS
Engineering Invoices:
MOTION: Mr. Halligan made a motion, and Mr. Bear provided a second, to approve payment of the following Amory Engineers invoices dated December 3, 2007:
§ #11980A in the amount of $298.75 for services related to Dingley Dell.
§ #11980B in the amount of $3,600.25 for services related to Duxbury Farms.
DISCUSSION: Ms. Stickney advised the Board that the Duxbury Farms invoice will be paid through a Zoning Board of Appeals escrow account.
VOTE: The motion carried unanimously, 4-0.
MOTION: Mr. Halligan made a motion, and Mr. Bear provided a second, to approve payment of Mainstream Engineering invoice #21048 dated November 30, 2007 in the amount of $246.50 for services related to Duxbury Yacht Club maintenance building.
DISCUSSION: Ms. Scieszka noted that no report was submitted with the invoice. Ms. Stickney stated that the report is on file and she would remind Mr. Sexton to submit reports with future invoices.
VOTE: The motion carried unanimously, 4-0.
MOTION: Mr. Halligan made a motion, and Mr. Bear provided a second, to approve payment of the following invoices:
§ Vine Associates invoice #1404-2 in the amount of $1,062.50 for services related to 95 Tremont Street / Standish LLC
§ Fay, Spofford & Thorndike invoice #1 in the amount of $3,842.01 for services related to Duxbury Bay Maritime School.
DISCUSSION: Mr. Wadsworth noted that reports had not been received with these invoices. By contract, invoices are required to be submitted with Town consulting engineer invoices. It was agreed to defer approval of these invoices until the January 7, 2008 meeting.
MOTION WITHDRAWN: Mr. Halligan withdrew his motion, and Mr. Bear withdrew his second.
Annual Meeting 2008: Ms. Stickney noted that the Board of Selectmen has issued formal notice of Annual Town Meeting articles for which the Planning Board is required to hold public hearings. The topics of the first public hearing on January 7, 2008
§ a proposed amendment to ZBL 560.11 regarding fees in lieu of affordable housing units
§ a proposed amendment to ZBL 906.5 regarding a requirement for surveyor-stamped plans with special permit applications.
The topics of the second public hearing on January 14, 2008:
§ a proposed new Affordable Housing bylaw
§ a citizen’s petition regarding an amendment to lot and coverage ratios in Neighborhood Business districts.
Ms. Stickney reported that she would be meeting on December 21, 2007 with Mr. J.R. Kent, the resident who has initiated the coverage ratio warrant article. Ms. MacNab will also attend, along with the Director of Inspectional Services.
Duxbury Farms: Ms. Stickney reported that Mr. Walter Amory of Amory Engineers had been invited to attend an engineering meeting on December 7, 2007 with the Director of Inspectional Services, Mr. Scott Lambiase, and the applicants’ engineer from Merrill Associates. At that meeting, Mr. James Lampert, chairman of the Zoning Board of Appeals (ZBA), and the applicants’ attorney, Robert Shelmerdine, also attended. Mr. Wadsworth reported that he had spoken with Ms. MacNab, and while she did not have a problem with engineers meeting together, she does have a concern that with the ZBA chair and applicant’s representative attending, it should have been posted as a public meeting.
Ms. Scieszka agreed, noting that a ZBA member should not be communicating with an applicant outside of a public hearing. She also suggested that the Planning Board’s consulting engineer should not attend meetings outside of Planning Board open meetings. Mr. Halligan noted that although it was legitimate for the engineers to meet, the purpose changed when the others arrived unexpectedly.
Mr. Wadsworth reported that at after a recent public forum, Mr. Lampert approached him regarding Duxbury Farms and told him that the ZBA was having trouble understanding the matrix that the Planning Board submitted to the ZBA regarding Subdivision Rules and Regulations that had not been waived with the ZBA’s comprehensive permit and had not been complied with by the applicant. Mr. Lampert suggested that members of the Planning Board and ZBA should get together to discuss it.
Ms. Scieszka stated that Town Counsel, Atty. Robert Troy, had made clear when he attended a Board meeting of November 26, 2007, that the Board’s work would be finished with the submittal of the matrix. He had advised against any negotiating between boards. Ms. Scieskza stated that it is up to the ZBA to discuss the matrix at a public hearing.
Meeting Minutes:
MOTION: Mr. Bear made a motion, and Mr. Halligan provided a second, approve meeting minutes of November 19, 2007 as written.
VOTE: The motion carried 3-0-1, with Ms. Scieszka abstaining.
Commonweath Capital Rating: Ms. Stickney reported that the Town has received a rating of 73 this year, out of a requested 87. The State continues to grade poorly Towns that have no affordable housing production. She noted that the Commonwealth Capital rating is used for awarding certain grants. Ms. Stickney noted that this year’s score is slightly higher than last year’s rating of 70.
ADJOURNMENT
The Planning Board meeting was adjourned at 9:07 PM. The next meeting of the Planning Board will take place on Monday, January 7, 2008 at 7:30 PM in Town Offices, Small Conference Room, lower level.
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