Town of Duxbury
Massachusetts
Planning Board
Minutes 03/26/07
Approved July 23, 2007
The Planning Board met in Duxbury Town Offices, Small Conference Room, lower level on Monday, March 26, 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: Diane Grant, Administrative Assistant; and Associate Member Douglas Carver.
Staff: Christine Stickney, Planning Director.
Ms. MacNab called the meeting to order at 7:40 PM.
OPEN FORUM
Planned Production Plan: Ms. Scieszka explained that the LHP had reviewed a draft of the Planned Production Plan and a revision is needed on pages 19-22 regarding the strategies and the number of units. Ms. MacNab suggested we could talk about this later in the meeting.
Soule Avenue Proposed Local Initiative Project (LIP): Mr. Wadsworth reported that there is some interest in using CPC funds to purchase the land involved in the proposed LIP project for Soule Avenue. Ms. MacNab noted that the Board of Selectmen should have guidelines and criteria that could help in their review of the LIP. She also felt that they should be asking for Planning Board input such as the adequacy of the roadways and drainage. Ms. Scieszka noted that the Board of Selectmen has had one meeting with the applicant; however, their review seems to be moving fast. Ms. MacNab suggested a letter be sent to the Board of Selectmen asking them to allow the Planning Board to have input on the project at our next meeting and if they would extend their meeting to a later date to accommodate this request. Members
expressed their agreement with sending a letter. Members discussed what the public benefit of the project is.
40B Plan Endorsement: Ms. MacNab asked Ms. Stickney if a letter regarding the meeting in January had gone to the Zoning Board of Appeals (ZBA). Ms. Stickney replied that a draft of the letter had been prepared and overlooked, and she would make sure it went over this week. Ms. MacNab stressed the urgency of getting the letter to the ZBA so there was no misunderstanding as to which board can create a subdivision.
REORGANIZATION:
Ms. MacNab noted that it was time for the annual reorganization of the Planning Board now that Town elections were done. The positions available include chair, vice chair and clerk.
MOTION: Mr. Wadsworth made a motion, seconded by Mr. Bear, to vote Ms. MacNab as Chairperson. No other nominations were offered.
VOTE: The motion carried unanimously, 7-0.
MOTION: Ms. MacNab made a motion, seconded by Mr. Halligan, to vote Mr. Wadsworth as Vice-Chairperson. No other nominations were offered.
VOTE: The motion carried unanimously, 7-0.
MOTION: Mr. Kimball made a motion, seconded by Mr. Moody, to vote Mr. Halligan as Clerk. No other nominations were offered.
VOTE: The motion carried unanimously, 7-0.
Committee Assignments of the Planning Board:
Community Preservation Committee – Mr. Wadsworth noted that he has served on the CPC since its establishment in 2002 and he would like to continue to serve. Mr. Bear also expressed his interest on serving on the CPC. Ms. MacNab asked for a show of hands from members for Mr. Wadsworth to serve. The show of hands was 1:6:0, with Mr. Wadsworth voting in favor. Next, Ms. MacNab asked for a show of hands for Mr. Bear to serve. The show of hands was 5:0:2, with abstentions from Mr. Wadsworth and Ms. MacNab. Mr. Bear will serve as the CPC representative beginning July 1, 2007.
Economic Advisory Committee – Mr. Bear currently serves on this committee and no one else expressed an interest. Mr. Bear will continue to serve for another year.
Land Use Group – Ms. MacNab and Mr. Wadsworth agreed to co-serve another year. Mr. Wadsworth noted the Land Use Group did not even meet this past year.
Local Housing Partnership – Ms. Scieszka currently serves on the Partnership and agreed to continue for another year. Ms. MacNab noted Ms. Scieszka’s concern with certain LHP members and the negativism toward her remarks as a Planning Board member. Ms. MacNab noted that the LHP has a number of appointments by the Board of Selectmen and with the new make up of the Board, changes could be forthcoming.
MAPC Designee – Ms. Stickney noted that Mr. Andre Martecchini attends the meetings and Mr. Jeff Lewis has served as an alternate and that she had emailed him about continuing and giving the Planning Board an update on the last year. She had not heard from him to date. Ms. MacNab felt a change was needed and Mr. Kimball agreed to serve.
MBTA Designee – Mr. Kimball was agreeable to continue serving as the Planning Board’s designee.
South Shore Coalition – Ms. Scieszka noted that she and Mr. Andre Martecchini have attended meetings in Hingham but she is not always able to make it. She asked if any other Planning Board member would be able to take her place. They normally meet on the third Thursday of each month at the Hingham Town Hall. Mr. Kimball offered to fill Ms. Scieszka’s position.
CONTINUED PUBLIC MEETING, ADMINISTRATIVE SITE PLAN REVIEW: DUXBURY YACHT CLUB MAINTENANCE BUILDING / HARRISON STREET
Members reviewed the draft set of conditions prepared by staff. Mr. Halligan noted he had been by the site and he questioned the purpose of the blue tarp over a pile of material. Mr. Dahlen noted it was a sand pile that they always keep covered, a common maintenance practice. Mr. Dahlen expressed his concern with condition #20 and the future interpretation of this language. He made a number of suggestions to address the concerns of staff. Members and Mr. Dahlen agreed to amend the language to read, “Long-term outdoor storage containers other than the 8’x 20’ hazardous materials storage pod depicted on the site plan are prohibited from occurring on the site.”
MOTION: Mr. Bear made a motion, seconded by Ms. Scieszka, to close the public meeting for Administrative Site Plan Review of the Duxbury Yacht Club maintenance building off Harrison Street.
VOTE: The motion carried unanimously, 7-0.
MOTION: Mr. Bear made a motion, seconded by Mr. Halligan, to approve the Administrative Site Plan Review of the Duxbury Yacht Club maintenance building off Harrison Street, subject to the amended conditions.
VOTE: The motion carried unanimously, 7-0.
REQUEST FOR EXTENSION: DINGLEY DELL SUBDIVISION APPROVAL
Ms. Stickney reported that the original approval of the subdivision was given on March 21, 2005 and in accordance with condition #15, all construction shall be completed within two years of approval. To date the construction has not been completed but a good portion of it has been done. Mr. Roman Striebel was present and briefly explained the status of the subdivision and the progress of the Conservation Restriction. In a letter to the Planning Board he has requested a continuance to July 21, 2007. Ms. Stickney questioned if this was enough time to accomplish everything. Mr. Striebel felt everything could be done by that date.
MOTION: Mr. Bear made a motion, seconded by Mr. Halligan, to extend the subdivision approval for Dingley Dell Subdivision to July 21, 2007
VOTE: The motion carried unanimously, 7-0.
ZBA REFERRAL: SPECIAL PERMIT ON HORNBEAM ROAD FOR A PROPOSED SHARED PIER / SAWYER, ET AL
Atty. Roberta Sawyer was present with another unidentified individual and Kevin Sealund, both residents of Hornbeam Road. She indicated she is representing the entire neighborhood. Atty. Sawyer noted she had received Ms. Stickney’s fax and staff report with a variety of questions. She noted that there is no Homeowner’s Association; rather, each property owner has one-fifteenth of ownership in the common areas. She explained how the various utility and tax bills are paid for by the neighborhood. Mr. Wadsworth commented on the concept of the shared pier in the Zoning Bylaw and that this proposal does not fulfill the bylaw requirements since there area already a number of private piers in the neighborhood. Atty. Sawyer noted that each of the property owners was, in fact, a waterfront owner with their
one-fifteenth ownership in Lot 18, the beach reservation.
Mr. Bear provided his opinion that the shared pier intent of the bylaw did not fit this situation even though the subdivision pre-existed the bylaw. Atty. Sawyer disagreed, saying the existing piers in the neighborhood pre-existed the shared pier bylaw. Mr. Wadsworth directed Atty. Sawyer to look at the definition of lot and noted this petition can not comply with the bylaw. Atty. Sawyer added that all the property owners have mooring rights, rights to access and use the beach area, and that Hornbeam Road is a separate lot recognized by the Registry of Deeds. Members disagreed, noting that Assessors’ records do not show the roadway as a separate lot: there is not lot or plot identification. Atty. Sawyer disagreed with members, stating that members are trying to re-define the lot that has existed prior to
1952.
Mr. Halligan questioned why the applicants had not first filed with the Conservation Commission. Atty. Sawyer stated that they wanted to get a consensus from the Zoning Board first before dealing with the Conservation Commission. She also noted the length of time it takes to get through the Zoning Board, unlike the Conservation Commission. She noted that the Conservation application requires the applicant to show other permits have been obtained first before filing. Ms. MacNab noted that although they may disagree, the Planning Board’s role is to provide a recommendation, and there will be a public hearing with the Zoning Board for additional input.
MOTION: Mr. Wadsworth made a motion, seconded by Mr. Moody, to recommend
denial to the Zoning Board of Appeals regarding a special permit application for a pier on
Hornbeam Road, based on the following items:
§ Under ZBL Section 404.40, the intent of a “shared pier” is nullified in that the neighborhood already has three existing piers built at #81, #89 and #95 Hornbeam Road. The proposed application and site plan do not show or discuss the other three piers relative to the proposed “shared pier.”
§ In that section 404.40 relies upon the criteria of new piers under ZBL Section 404.20, a pier is an accessory structure to the principal structure on a lot. Pursuant to the definition of “lot” under ZBL Section 302, the lot for the location of the proposed pier does not meet the definition of lot specifically as it relates to “one ownership” and “not divided by a street.” Both criteria are deficient in this application.
§ The proposed location of the pier has no principal structure. In the Wetlands Protection Overlay District, uses permitted by special permit include under section 404.6 #1 include “Accessory use or structure to a residential home located on that lot or an adjoining lot in common ownership, such as a footbridge, plank walk or pier.”
§ Under ZBL Section 302, the definition of “structure” includes a sub-definition of “accessory structure” that states “a pier located on an adjacent lot to the principal structure” is considered an accessory structure. This proposal is for a pier to be located on a single lot owned by the neighbors of this subdivision. There is no principal use on the lot.
§ The applicant’s representative also stated in her discussions with the Planning Board that the neighbors pay taxes on Hornbeam Road. Hornbeam Road is a layout providing access and frontage but does not meet the definition of a lot and there is no contiguous physical connection to the other lots in the neighborhood reaffirming the definition of what is a lot under ZBL Section 302 and references to adjoining lots in ZBL Section 404.6.
§ In addition, the Planning Board forwards as an attachment a staff memo from the Planning Director that also highlights a number of issues and concerns surrounding the proposed request for a Special Permit that the Planning Board would like the Zoning Board to consider during their review of the application.
VOTE: The motion carried unanimously, 7-0.
OTHER BUSINESS
Engineering Review Invoices:
MOTION: Mr. Bear made a motion, seconded by Mr. Kimball, to pay Mainstream Engineering invoice #20933 in the amount of $145.00 for services related to Amado Way. There was no discussion regarding the motion. .
VOTE: The motion carried unanimously, 7-0.
Ms. Stickney reported that recent invoices from Mainstream Engineering have been raising issues with accounting and agreeable rates. She intends to talk with Mr. Sexton about the issue and if agreement can’t be reached she will offer that he come into a Planning Board meeting and discuss it with the Board.
Berrybrook School, Winter Street: Ms. Stickney updated members on recent discussions with Berrybrook School representatives and their intent to file for an addition. Members suggested that we should book the Senior Center for at least the first public meeting.
Medical Office Building, 95 Tremont Street: Ms. MacNab noted her concern with the parking at 95 Tremont Street on the landscaped areas. She asked members if a letter should be sent from the Board to the Building Inspector. Ms. Stickney noted that there have been some preliminary discussions with Dr. Oliver’s representatives about coming in with an amended special permit to increase the parking lot.
ADJOURNMENT
The Planning Board meeting adjourned at 9:50PM. The next meeting of the Planning Board will be Monday, April 2, 2007 at 7:30 PM in Duxbury Town Offices, Small Conference Room, lower level.
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