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 03/19/07
Approved June 4, 2007
The Planning Board met in the Duxbury Town Offices on Monday, March 19, 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: Associate Member Douglas Carver; and Christine Stickney, Planning Director;
Staff: Diane Grant, Administrative Assistant.
Ms. MacNab called the meeting to order at 7:32 PM.
OPEN FORUM
Annual Town Meeting 2007: Ms. Scieszka thanked Mr. Kimball and Mr. Moody for their excellent presentations on warrant articles. She stated that both speakers were well prepared and spoke eloquently. Mr. Bear thanked Ms. Scieszka for her presentation as well. Mr. Bear asked if there would be any follow-up from Annual Town Meeting, particularly regarding the demolition delay article that did not pass. He stated that the Historical Commission deserves feedback. Mr. Wadsworth noted that he had advised Commission members to show slides of houses that had been torn down, but they had not done so. Mr. Kimball stated that with today’s technology it is possible to show before/after slides that might illustrate the effects of not having a demolition delay.
Mr. Wadsworth noted that the re-zoning of Bongi’s Turkey Roost on Kingstown Way passed, stating that the petitioners’ representative provided an excellent presentation. He stated that if photographs had been presented showing examples of the potential commercial uses, it might have helped defend the Board’s recommendation to not support the rezoning. Ms. MacNab noted that the Moderator, against his usual practice, accepted a motion from the floor to end the debate although she and several others were standing at the microphone waiting to speak to the article. Ms. Scieszka expressed her concern that only approximately 200 people made a decision on behalf of the Town.
The Board also noted a memorandum dated March 14, 2007 from Planning Director, Ms. Christine Stickney, regarding suggestions for next year’s Annual Town Meeting preparations. Ms. MacNab recommended that representatives from the Land Use Boards, consisting of the Board of Health, Conservation Commission, Zoning Board of Appeals and Planning Board, meet to discuss upcoming zoning revisions that might be needed. She also suggested that a sub-group from the Planning Board and the Zoning Board be formed to work on potential zoning articles for Annual Town Meeting 2008.
Endorsement of Chapter 40B Comprehensive Permit Plan: Ms. MacNab stated that she is interested in making sure that a letter is sent from the Planning Board to the Zoning Board of Appeals (ZBA) that summarizes a meeting that took place on January 8, 2007 with Town Counsel, Atty. Robert Troy; ZBA chairman, Mr. James Lampert; and Planning Board members Ms. MacNab, Mr. Moody and Ms. Scieszka. At that meeting it was agreed that only the Planning Board can endorse a plan that creates individual lots for recordation at the Registry of Deeds. She noted that a comprehensive permit is expected to be finalized soon for which the applicant has submitted subdivision plans to the ZBA. She would like a summary of the meeting sent to the ZBA. She requested that staff send a review copy to Town Counsel, Atty. Robert Troy, before
sending the letter to the ZBA.
CONTINUED PUBLIC MEETING, ADMINISTRATIVE SITE PLAN REVIEW: DUXBURY YACHT CLUB MAINTENANCE BUILDING / HARRISON STREET
Ms. MacNab opened the public meeting at 7:50 PM. Present for the discussion was Mr. Shawn Dahlen representing the applicant. Ms. Scieszka read the correspondence list into the public record: Mutual Extension Form signed on 02/26/07 for next meeting 03/19/07.
Ms. MacNab noted that Town Consulting Engineer, Mr. Tom Sexton of Mainstream Engineering, had signed off on any outstanding issues. Mr. Dahlen submitted an email from Mr. Sexton to the Planning Director dated March 19, 2007 that stated that he is satisfied with the applicant’s sizing of the retention facility. This memo was added to the correspondence list.
Mr. Bear asked about storage of hazardous materials. Mr. Dahlen stated that they will continue with the present system of utilizing hazardous waste pods designed to store fertilizers that contain a minimum amount of pesticides. These pods will continue to be located outside the building, and no hazardous materials will be stored inside the building.
Mr. Dahlen expressed his concern with a proposed condition that would prohibit outdoor storage of any kind. He stated that the applicants never agreed to this condition, noting that they sometimes leave trailers or mowers outside overnight. He also noted that the hazardous waste container pods would be stored outside. Ms. MacNab stated that she understood Mr. Dahlen’s concern.
Mr. Dahlen also objected to a proposed condition requiring constant future maintenance of landscaping that will be installed in order to screen the project. Mr. Dahlen stated that no landscaping was ever proposed or agreed to. The Board agreed to strike this condition.
Ms. Scieszka asked if a special permit for use would be required for use of the facility, suggesting that the applicant discuss the matter with the Town’s Zoning Enforcement Officer, Mr. Scott Lambiase. Ms. MacNab noted that she had spoken with Mr. Lambiase regarding this question, and he informed her that he and the Zoning Board of Appeals (ZBA) had determined that a special permit would be required. Ms. MacNab suggested adding this as the first condition to the Planning Board’s Certificate of Notification.
MOTION: Ms. Scieszka made a motion, and Mr. Bear provided a second, to continue the public meeting regarding the administrative site plan review of the Duxbury Yacht Club Maintenance Building off Harrison Street until March 26, 2007 at 8:00 PM, with a decision deadline remaining at April 19, 2007. There was no discussion.
VOTE: The motion carried unanimously, 7-0.
CONTINUED PUBLIC MEETING, ADMINISTRATIVE SITE PLAN REVIEW: INDUSTRIAL TOWER AND WIRELESS, LLC, 766 TEMPLE STREET
MOTION: Ms. Scieszka made a motion, and Mr. Wadsworth provided a second, to continue the public meeting regarding the administrative site plan review of Industrial Tower and Wireless, LLC, 766 Temple Street, at the applicant’s request, to Monday, April 2, 2007 at 8:00 PM, with a decision date extended to May 2, 2007. There was no discussion.
VOTE: The motion carried unanimously, 7-0.
The Board signed a mutual extension form that had previously been signed by the applicant’s attorney.
APPROVAL NOT REQUIRED (ANR) PLAN OF LAND:
VICINITY OF 1043 SUMMER STREET / MAC FARLANE
Present for the discussion were Mr. Joe Webby, engineer, and Mr. John Baldwin, the applicant. Mr. Webby noted that Mr. Baldwin is interested in purchasing this vacant parcel and forming it into two lots. Mr. Wadsworth asked if the land was located in Zone 2, and Mr. Webby stated that it was not. Mr. Wadsworth asked if there would be any problem getting across the frontage.
MOTION: Ms. Scieszka made a motion, and Mr. Kimball provided a second, to approve endorsement of a plan of land entitled, “Plan of Land in Duxbury, Mass. Prepared for Raymond MacFarlane,” dated February 23, 2007, stamped by Joseph E. Webby (RLS) – one sheet, as not requiring approval under the subdivision control law. There was no discussion.
VOTE: The motion carried unanimously, 7-0.
The Board members signed the ANR plan.
ZBA REFERRAL: 53 JOSSELYN AVENUE / COLE
Mr. Bear recused himself from the discussion. Present for the discussion was the builder, Mr. Doug Friesen, representing the applicants regarding this special permit application for removal of an existing porch with a second story deck and construction of two new decks on a pre-existing non-conforming lot.
Ms. MacNab noted that she had driven by the site and it appeared that the proposed deck had already been built. Mr. Friesen stated that he had requested that only the joists be installed and the carpenters had done more work than he had requested. He stated that this application does not create any new non-conformities. Ms. MacNab responded that the new construction increases the non-conformity with setback requirements. Mr. Friesen admitted that the site coverage had increased by .2%. Mr. Friesen suggested that he could acquire some area from the abutting non-conforming property. Ms. MacNab stated that the rule of infectious invalidity applies.
Mr. Friesen noted that there are issues regarding a garage built in the 1950s that impinges on a neighbor’s lot, and stated that they intend to make a land swap to move the lot lines. He stated that by removing the existing deck they had reduced the building coverage. In return they wanted to be allowed to increase the setback non-conformity slightly. Ms. MacNab noted that the final decision would rest with the Zoning Board of Appeals (ZBA).
Ms. Scieszka noted that a surveyed plan had not been submitted showing the original structure. She stated that the plans submitted were stamped by an engineer, not a surveyor. Mr. Friesen responded that the plan was taken from the original condominium plan. Ms. Scieszka stated that the decision to form a condominium is the owner’s choice, not a zoning choice.
Ms. MacNab asked if the applicant wished to withdraw the application and re-submit at a later date, or go forward with the application in its current state. Mr. Friesen stated that he would like the Board to review the application and make a recommendation to the ZBA.
Mr. Wadsworth asked if the porch had been the only construction on this project, and Mr. Friesen stated that the foundation had been replaced within the same footprint. Ms. MacNab asked about lines drawn on the plans, and Mr. Friesen stated that there were condo division lines.
MOTION: Mr. Wadsworth made a motion, and Ms. Scieszka provided a second, to recommend denial of the special permit application for 53 Josselyn Avenue / Cole, noting the following planning issues:
§ The proposal appears substantially nonconforming as it encroaches further into the side yard setback.
§ A survey plan is required to accurately determine and certify pre-construction conditions and to ensure the prior setback of the porch.
§ Written approval from all condominium owners should be submitted with the application.
§ Given the condominium form of ownership of this property, the existing building coverage should be provided along with any proposed increase in building coverage resulting from the deck addition. The Planning Board is concerned with the overall density and increased use of the property.
In addition, the Planning Board notes that the proposed work already has been substantially constructed prior to issuance of a special permit.
DISCUSSION: Mr. Friesen questioned why a survey plan is required, and Ms. Scieszka replied that while engineering plans are sufficient in some cases, a survey plan is recommended for this application. Mr. Kimball added that a survey plan would show metes and bounds, providing an exact depiction of the lot.
VOTE: The motion carried unanimously, 6-0.
Mr. Friesen departed the meeting. Ms. MacNab referenced a memo dated March 19, 2007 from Director of Inspectional Services, Mr. Scott Lambiase, noting that the applicant is claiming to be working on a land swap with his neighbor to the east, which would eliminate the need for a special permit. Further, Mr. Lambiase noted that the applicant had been warned that work completed is at his own peril and is not looked upon favorably when performed before a special permit has been granted.
OTHER BUSINESS
Engineering Invoice:
MOTION: Mr. Wadsworth made a motion, and Mr. Kimball provided a second, to pay Mainstream Engineering invoice #20934 dated February 28, 2007 in the amount of $1,551.50 for services related to the Duxbury Yacht Club maintenance building off Harrison Street. There was no discussion.
VOTE: The motion carried unanimously, 7-0.
Meeting Minutes:
MOTION: Ms. Scieszka made a motion, and Mr. Halligan provided a second, to approve meeting minutes of January 8, 2007 as amended. There was no discussion.
VOTE: The motion carried unanimously, 7-0.
ADJOURNMENT
The Planning Board meeting was adjourned at 9:25 PM. The next meeting of the Board will take place on Monday, March 26, 2007 at 7:30 PM at Duxbury Town Offices, Small Conference Room, Lower Level.
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