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 05/07/07
Approved July 23, 2007
The Planning Board met in Duxbury Town Offices, Small Conference Room, lower level on Monday, May 7, 2007 at 7:30 PM.
Present: Amy MacNab, Chairman; George Wadsworth, Vice-Chairman; John Bear, Jim Kimball,
Harold Moody, and Angela Scieszka.
Absent: Brendan Halligan, Clerk; and Associate Member Douglas Carver.
Staff: Christine Stickney, Planning Director; and Diane Grant, Administrative Assistant.
Ms. MacNab called the meeting to order at 7:32 PM. There was no business under Open Forum.
ZBA REFERRAL: 65 OCEAN ROAD NORTH / GAYNOR
No one was present to represent the applicant regarding this special permit application referral. Ms. MacNab noted that the applicant was proposing to construct a first floor entryway with stairs leading to an addition to an existing deck on a non-conforming structure on a non-conforming lot. Ms. MacNab asked if part of the upper deck would be used as living space, and Ms. Stickney replied that it would. Ms. Stickney noted that the front entryway steps cause a minimal increase in setback non-conformity. Ms. MacNab noted that the coverage is already well beyond the zoning requirements, and Ms. Stickney noted that the coverage would increase slightly as well, from 42.5 to 42.6 percent, according to information provided in the surveyor’s plans.
Ms. MacNab noted a variance between zoning coverage and Conservation Commission coverage calculations. Ms. Scieszka explained that it represented the difference in interpretation of site coverage.
MOTION: Mr. Wadsworth made a motion, and Mr. Kimball provided a second, to defer judgment regarding a special permit for 65 Ocean Road North, noting that there appear to be no planning issues.
DISCUSSION: Ms. Scieszka suggested that the Board should note that there is a minimal increase in site coverage, when none is allowed. Mr. Kimball noted that the applicants would improve their access with this proposed plan, and Ms. Scieszka suggested that the applicants could have made the choice to decrease site coverage but instead are increasing it. She noted that there is significant massing on the site already. Mr. Wadsworth agreed that the site coverage was concentrated on a small lot and increasing the bulk of the building might have an impact on neighbors. Mr. Kimball felt that the proposal represented an improvement and Mr. Moody stated that any objections should be saved for more egregious offenses. Ms. MacNab suggested that the ZBA would take note of any increase in site
coverage.
Ms. Scieszka requested that “there appear to be no planning issues” be removed from the motion. Mr. Wadsworth and Mr. Kimball agreed to the amendment.
VOTE: The motion carried 5-1, with Ms. Scieszka voting against.
WORK SESSION
Subdivision Plan Endorsement for Comprehensive Permits: Mr. Bear had suggested a discussion with Town Counsel, Atty. Robert Troy, regarding this issue. Ms. Stickney will schedule a future meeting with Atty. Troy. Ms. MacNab reported that she, Ms. Stickney and Mr. Wadsworth met with Town Manager, Mr. Richard MacDonald, regarding this issue. Mr. MacDonald is in the process of setting up a future meeting that would include the Planning Board and Atty. Troy. Ms. Stickney noted that Atty. Troy has not yet heard from Mr. MacDonald. However, Atty. Troy had spoken with Zoning Board of Appeals (ZBA) chairman, Mr. James Lampert.
Ms. Stickney noted that Director of Inspectional Services, Mr. Scott Lambiase, agrees with the Planning Board that the Planning Board should not sign 40B plans that show a subdivision. Ms. MacNab noted that there may be a miscommunication that makes it appear that the Board is going against Town Counsel advice. She referred to a letter from Atty. Troy to the ZBA stating that the question was regarding an ANR plan, not a subdivision plan.
Although Town Counsel is of the opinion that only the Planning Board can endorse a subdivision plan for recording at the Registry of Deeds, Ms. Stickney stated that Mr. Lampert had expressed to her that the Planning Board should sign subdivision plans for a 40B project. Ms. MacNab stated that there is no legal requirement that she is aware of that Planning Board has to sign subdivision plans for a 40B comprehensive permit.
Mr. Wadsworth expressed concern that the ZBA is not conferring with the Planning Board and appears to be advocating for the applicant. Ms. Stickney reported that an applicant has contacted Town Counsel regarding 40B plan endorsement. Ms. Scieszka questioned how an applicant can have access that the Planning Board members do not have. Ms. MacNab noted that the Planning Board does have access, through Town Manager approval. She noted that if Town Counsel answers a question regarding a specific case, he becomes a witness and loses his ability to represent the Town if the case goes to court.
Mr. Kimball stated that the issue is whether Chapter 40B approval waives subdivision endorsement requirements. Ms. MacNab noted that it appears to be Mr. Lampert’s opinion that it does, but she is not aware of any law that supports that opinion.
Mr. Moody asked if the plans had to come before the Planning Board. Ms. MacNab noted that in some other Towns, Zoning Boards of Appeal are signing plans and the Registry of Deeds is accepting them for recording. Ms. MacNab stated that she intends to keep her oath to uphold the Town’s Subdivision Rules and Regulations.
Mr. Bear noted that the Planning Board has concluded from Town Counsel advice that only Planning Boards can create lots, and the Board needs to act responsibly on that basis. He stated that if an applicant comes before the Board with a 40B plan showing a subdivision, the Board needs to advise the applicant.
Ms. Stickney noted that the question has never been contested in court as of yet. The only type of subdivision not requiring subdivision review that she is aware of is a subsidized housing program that was available in the 1980s called a “home program.” That program is now defunct. Ms. Stickney advised the Board to wait and hear from Mr. MacDonald on how to proceed.
Planning Board Vote on the Planned Production Plan: At its April 30, 2007 meeting, the Board of Selectmen requested that the Planning Board and Local Housing Partnership provide a vote on this document before returning it to the Board of Selectmen and submitting to the State. Ms. MacNab noted that Mr. Halligan, who was absent, had complained that the document was riddled with grammatical errors. Ms. Stickney noted that the draft will be corrected and she is looking for Board input on the content. She noted that the Housing Consultant, Mr. Phillip Mayfield, wrote the document based on the Department of Housing and Community Development’s (DHCD) requirements.
Ms. MacNab stated that her main concern with the document is its apparent emphasis on new affordable housing production versus conversion of current housing stock to affordable. Ms. Scieszka agreed. Mr. Wadsworth noted that the goal is to obtain DHCD approval. Mr. Kimball suggested that the Town could use the document as a basis for building its own affordable housing plan. Ms. Stickney suggested that it could be part of a comprehensive plan update. Ms. Sciezka expressed concern that the public may misconstrue the document as a blueprint for affordable housing in the Town of Duxbury.
Mr. Wadsworth suggested adding a paragraph regarding the preferred strategy of converting as many units as appropriate from existing housing. Ms. Stickney noted that this approach was discussed in the beginning of the document. The Board continued to discuss particular revisions to the document.
Ms. Stickney noted that the Board of Selectmen is requesting that the Planning Board vote on the document as soon as possible, and offered to request an extension until the following week to allow more time for review. She reported that Mr. Mayfield will be presenting the Planned Production Plan at an upcoming Board of Selectmen’s meeting.
Planning Director Performance Evaluation: Ms. MacNab advised the Board that management evaluations have been postponed by the Town Manager because of an effort recently initiated by management to form a union. Ms. MacNab asked about the potential impact of a union on management positions that are hired by Boards, including the Planning Director, Library Director, and Deputy Assessor. Ms. Stickney replied that she was unsure and referred her to contact the Town Manager. Ms. Stickney noted that there had been no changes to the management’s personnel plan in the past six years.
OTHER BUSINESS
West Bay Landing Local Initiative Project (LIP) off Soule Avenue: Ms. Scieszka commended Mr. Wadsworth on the final report that had been sent to the Board of Selectmen with Planning Board review comments.
Meeting Minutes:
MOTION: Ms. Scieszka made a motion, and Mr. Wadsworth provided a second, to approve the following meeting minutes as amended:
§ January 22, 2007 (already approved but required further amendment)
§ January 29, 2007
§ February 5, 2007
§ February 12, 2007.
There was no discussion regarding the motion.
VOTE: The motion carried unanimously, 6-0.
Subcommittee with Zoning Board of Appeals (ZBA) for Potential Amendments to Zoning Bylaws: Ms. MacNab asked if anyone was willing to represent the Planning Board, and Mr. Wadsworth offered to serve.
Comprehensive Plan and Open Space Plan Review: Ms. Stickney noted that Ms. Pat Loring would be attending a future Board meeting for input on these document updates as they relate to Planning issues.
Open Space Committee: Mr. Moody noted that he would be attending his first Open Space Committee meeting on May 15, 2007.
Affordable Housing Trust: Mr. Bear asked if Planning Board members would be serving on this committee once it is established, and Ms. Stickney replied that the Local Housing Partnership (LHP) has a sub-committee looking into the matter. She noted that special legislation is required to set up a revolving account, and the Trust would require articles of organization.
ADJOURNMENT
The Planning Board meeting was adjourned at 9:56 PM. The next meeting of the Board will take place on Monday, May 14, 2007 at 7:30 PM at Duxbury Town Offices, Small Conference Room, Lower Level.
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