Town of Duxbury
Massachusetts
Planning Board
Minutes 11/05/07
Approved December 3, 2007
The Planning Board met in Duxbury Town Offices, Small Conference Room, lower level on Monday, November 5, 2007 at 7:30 PM.
Present: Amy MacNab, Chairman; George Wadsworth, Vice-Chair, Brendan Halligan, Clerk; John Bear, James Kimball, and Angela Scieszka.
Absent: Harold Moody.
Staff: Christine Stickney, Planning Director; and Diane Grant, Administrative Assistant.
Ms. MacNab called the meeting to order at 7:30 PM.
OPEN FORUM
Local Housing Partnership (LHP) –Ms. Scieszka noted that Mr. Wadsworth has agreed to attend LHP meetings when she cannot attend. She asked if Mr. Wadsworth can vote at those meetings, and Ms. Stickney responded that to her knowledge he is not able to vote, but she will confirm with the Board of Selectmen’s office.
Ms. Scieszka noted that the LHP is working on Local Initiative Projects (LIP) guidelines and the Planning Board needs to be brought in on the process. Ms. Stickney reported that the LHP is close to finalizing a draft.
ZBA REFERRAL: 11 WASHINGTON STREET / TRIEBEL
Mr. Oliver Triebel, the applicant, was present, along with his representative, Mr. Robert Crowell, engineer. Ms. Stickney introduced the site as the former dentist office of Dr. Wiemeyer. She stated that the building is quite old and the zoning is Neighborhood Business 1 (NB1). Ms. Stickney reported that the Zoning Board of Appeals (ZBA) has no prior special permit on file for this property. She stated that Mr. Triebel’s proposal to open a retail business triggers a special permit. She noted that two existing apartments on the second floor will remain. The first floor would be reconfigured for 300 square feet of retail operations and office space, and floor plans were submitted for the Board’s review.
Mr. Wadsworth asked why Administrative Site Plan Review would be triggered, and Ms. Stickney replied that the special permit triggers it. Mr. Triebel explained that his business would sell plants and accessories, similar to Smith & Hawkins. No nursery would be proposed. Mr. Triebel stated that he previously owned retail operations in Wellesley and Marblehead.
Ms. MacNab noted that parking will need to be added to the plans for Administrative Site Plan Review. The Board agreed that stripes would not be required, although curb stops would be helpful. Ms. MacNab asked if five parking spaces would be adequate, and Mr. Triebel required that it would. Ms. Scieszka noted that a loading area and a handicap accessible parking space might be required. Ms. Stickney offered to check with the Director of Inspectional Services. Mr. Triebel noted that the upstairs tenants have opposite hours as the business, so there would be no conflict with parking.
Ms. MacNab noted that tonight’s special permit review is for use and asked if retail use is appropriate under NB1 zoning. Ms. Stickney replied that it would be considered “personal services.” She noted that most of the Hall’s Corner retail area is zoned NB1. Ms. Scieszka stated that although the special permit is at the discretion of the ZBA, it should be noted that the site is near a residential area. Mr. Kimball noted that another business exists closer to the residential area. Ms. Scieszka noted that the change in use from professional to retail changes the nature of operations. Mr. Halligan stated that this type of retail business might see less traffic than the previous dental practice.
MOTION: Ms. Scieszka made a motion, and Mr. Wadsworth provided a second, to defer judgment regarding a special permit for 11 Washington Street / Triebel, as there are no planning issues.
VOTE: The motion carried unanimously, 6-0.
Ms. MacNab directed Mr. Triebel to secure his special permit before filing for Administrative Site Plan Review. The Board agreed to a $2,500.00 escrow account when he files with Planning. Mr. Wadsworth asked if previous drainage issues had been resolved, and Mr. Crowell responded that it had been handled by Duxbury Construction.
APPROVAL NOT REQUIRED PLAN OF LAND (CONTINUED): BAY ROAD, SUMMERHOUSE, SANGER, AND SPRUCE / ZERO BAY ROAD REALTY TRUST (HAMADEH)
MOTION: Mr. Halligan made a motion, and Mr. Wadsworth provided a second, to continue the discussion of an Approval Not Required Plan of Land for Bay Road, Summerhouse Lane, Sanger Road and Spruce Lane / Zero Bay Road Realty Trust, at the applicants’ request, until November 19, 2007 at 7:45 PM, with revised plans due November 14, 2007 and a decision deadline of November 30, 2007.
DISCUSSION: Ms. MacNab commended the applicant for continuing the discussion in order to resolve any issues. Mr. Wadsworth asked if Town Counsel had been consulted, and Ms. Stickney responded that she would prefer to address any specific discussion when the applicant is present.
VOTE: The motion carried unanimously, 6-0.
The Board signed a mutual extension form that the applicant had already signed.
ESCROW RELEASE: INGALL’S GROVE SUBDIVISION (OFF BAY ROAD)
MOTION: Mr. Wadsworth made a motion, and Ms. Scieszka provided a second, to release escrow funds for the Ingall’s Grove subdivision account at the applicant’s request.
VOTE: The motion carried unanimously, 6-0.
WORK SESSION
Affordable Housing Bylaw: Ms. MacNab thanked Mr. Halligan for his quick response in editing the draft bylaw that would provide deed restricted affordable housing to be allowed by special permit on certain nonconforming parcels. Mr. Wadsworth asked if a maximum lot size of 30,000 square feet should be recommended. Ms. MacNab stated that any maximum amount would need to be substantiated. Ms. Scieszka suggested considering maximum bedroom size rather than maximum lot size. It was agreed to recommend a maximum of 40,000 square foot lot size. The Board also agreed that Ms. Stickney could review the draft bylaw with Town Counsel. Ms. Stickney noted that the Local Housing Partnership would present this warrant article at Annual Town Meeting.
Zoning Articles for Town Meeting: Ms. MacNab noted that the Zoning Board of Appeals should be invited to the Planning Board’s November 19, 2007 meeting to discuss potential zoning articles for Annual Town Meeting. Ms. Scieszka requested a copy of the Lexington Accessory Apartment bylaw for the Board’s review prior to the next meeting.
Duxbury Farms Subdivision Review Process: Ms. MacNab reported that Town Counsel would be present for the Planning Board review of this subdivision plan that had been approved by the Zoning Board of Appeals (ZBA) through a comprehensive permit. Ms. Stickney reported that Town Counsel prefers a meeting date of November 19, 2007, and the consulting engineer had also been told to be prepared for that date. The Board agreed that the November 19, 2007 agenda was full, and directed staff to determine if Town Counsel could be present on November 26, 2007.
Ms. Stickney reminded the Board that review was restricted to unwaived Subdivision Rules & Regulations as they correspond with plans submitted. Mr. Kimball asked what would happen after Planning Board review, and Ms. MacNab stated that the Planning Board would submit comments to the ZBA and the ZBA will determine how to proceed. Ms. Stickney noted that the applicant did submit a $5,000.00 escrow fund establishment.
ADJOURNMENT
The Planning Board meeting was adjourned at 9:05 PM. The next meeting of the Planning Board will take place on Monday, November 19, 2007 at 7:00 PM in Town Offices, Small Conference Room, lower level.
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