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 06/11/07
Approved August 20, 2007
The Planning Board met in Duxbury Town Offices, Small Conference Room, lower level on Monday, June 11, 2007 at 6:00 PM.
Present: Amy MacNab, Chairman; George Wadsworth, Vice-Chairman; Brendan Halligan, Clerk;
John Bear, Harold Moody, and Angela Scieszka.
Absent: Jim Kimball; and Associate Member Douglas Carver.
Staff: Christine Stickney, Planning Director; and Diane Grant, Administrative Assistant.
Ms. MacNab called the meeting to order at 6:00 PM.
EXECUTIVE SESSION
MOTION: Mr. Wadsworth made a motion, and Ms. Scieszka provided a second, to go into Executive Session to discuss strategy with Town Counsel as to pending litigation, with the intention to reconvene the regular meeting.
VOTE: A roll call vote was called by the Chair. Mr. Bear, Mr. Halligan, Ms. MacNab, Mr. Moody, Ms. Scieszka, and Mr. Wadsworth all voted in favor of the motion.
Therefore, the executive session commenced at 6:05 PM.
MOTION: Mr. Bear made a motion, and Mr. Wadsworth provided a second, to come out of Executive Session from discussing strategy with Town Counsel as to pending litigation and noted we will reconvene the regular meeting.
VOTE: A roll call vote was called by the Chair. Mr. Bear, Mr. Halligan, Ms. MacNab, Mr. Moody, Ms. Scieszka, and Mr. Wadsworth all voted in favor of the motion.
Therefore, the executive session concluded at 7:05 PM.
OTHER BUSINESS
Because it was not yet time to call the open meeting to order, the Board addressed Other Business.
Engineering Invoices:
MOTION: Mr. Wadsworth made a motion, seconded by Ms. Scieszka, to approve payment of the following Amory Engineer invoices:
§ #11711A dated June 4, 2007 in the amount of $62.50 for services related to Dingley Dell
§ #11711B dated June 4, 2007 in the amount of $625.00 for services related to 21 Chestnut Street.
DISCUSSION: Mr. Moody requested that Amory Engineers submit back-up information with future invoices.
VOTE: The motion carried unanimously, 7-0.
At 7:30 PM Ms. MacNab called the open session to order.
OPEN FORUM
Water Management Act Workshop: Mr. Wadsworth reported that he had attended this workshop on June 11, 2007 in Plymouth, and that it appears that the State has future plans to impose regulations restricting outdoor watering. Ms. MacNab asked how the State can allow commercial and residential development if water is such an issue, and Mr. Wadsworth replied that the State has taken future development into consideration. He stated that the goal is to reduce water consumption from the current average of 80-90 gallons per day per person to 64 gallons per day per person. Average rather than total volume was considered.
ANR PLAN OF LAND: 570 & 576 WASHINGTON STREET / GOLDENBERG
Mr. Joe Webby, surveyor, and Mr. Paul Brogna, engineer, were present to represent the applicants for a proposed land swap on pre-existing non-conforming lots. Mr. Brogna stated that the Shanahan/Goldenbergs currently reside at 576 Washington Street and are purchasing 570 Washington Street as well. They are interested in building an addition behind 576 Washington Street and need additional land in order to meet the setback requirements.
Mr. Wadsworth asked if there would be any change in frontage, and Mr. Webby replied that there would not and the only change is a 969 square foot land swap. Ms. MacNab noted two concerns:
1. Neither lot has the required frontage.
2. By jogging lot lines, new lots will be created. There is no process to do this outside of an ANR.
Mr. Bear noted that there is no increase to the non-conformity. Mr. Wadsworth noted that one of the lots has over 200 feet of frontage on Sunset Road, and Ms. MacNab noted that it was not the access. Ms. Stickney noted that Town Counsel has advised in similar cases that an ANR is acceptable as long as it involves an even land swap.
Mr. Halligan noted that it appears that a new garage is proposed to be constructed on 576 Washington Street. Mr. Bear confirmed with Mr. Webby that the applicants were giving up the footprint on the garage to gain an addition. Mr. Brogna explained that a two-car garage and addition are proposed, and there are 16 feet from the new lot line to the foundation.
Mr. Wadsworth asked if building coverage would be equal, and Mr. Brogna responded that it would be slightly less. Ms. MacNab suggested that a proposed lot line over an existing garage could be a problem, and Ms. Stickney advised that the Inspectional Services Director, Mr. Scott Lambiase, would receive ANR notification and it would be his decision.
Ms. MacNab asked about the location of the driveway, and Mr. Brogna stated that it would access off of Sunset Road.
MOTION: Mr. Bear made a motion, and Mr. Wadsworth provided a second, to endorse a Plan of Land entitled, “Plan of Land in Duxbury, MA prepared for James Goldenberg” dated May 30, 2007, stamped by Joseph E. Webby, Jr. (RLS) - 1 sheet, as not requiring approval under Subdivision Control Law.
DISCUSSION: Ms. Scieszka asked if the setback measurement could be added to the plan. Mr. Wadsworth noted that the building will be razed so a measurement may not be needed. Mr. Webby offered to revise the mylar.
VOTE: The motion carried, 5-0-1, with Ms. MacNab abstaining.
Mr. Webby revised the mylar and the Board signed it.
ANR PLAN OF LAND: 411 SUMMER STREET / TACELLI
Atty. Robert W. Galvin was present to represent the applicant who proposes to divide an existing lot of approximately 15 acres into a 2.43 acre lot and a 12.5 acre unbuildable parcel. Eventually this parcel would be combined with an abutting parcel as part of a larger proposal, the Duxbury Estates planned development. The applicants had gone before the Planning Board and Zoning Board of Appeals and received a special permit for a 44-unit planned development on February 7, 2007.
Ms. Stickney referenced the Planning Board review letter addressing the issue and noted that no existing lot lines were shown on the site plans. She stated that the first condition of the Planning Board report was that the applicants would submit an ANR to divide off the lot. Although it would create a non-conforming lot, the Zoning Board has stated in their decision that it would be acceptable because it does not increase the nonconformity. She noted that the next step would be for the applicant to combine the new parcel with the abutting DeLorenzo parcel.
Mr. Bear asked where the applicants were in the process, and Atty. Galvin replied that the loan cannot close until the ANR is signed. Ms. MacNab noted that there is a twenty day appeal period after the ANR is approved, and Atty. Galvin stated that the bank is choosing to go forward without waiting for the appeal period to pass. The fee in lieu of affordable housing also needs to be negotiated with the Town.
MOTION: Mr. Wadsworth made a motion, and Mr. Bear provided a second, to endorse a plan of land entitled, “Plan of Land, Summer Street, Duxbury, MA” dated October 12, 2005, stamped by Douglas Bailey (PLS) – 1 sheet, as not requiring approval under Subdivision Control Law.
DISCUSSION: Ms. Scieszka asked how the ZBA could decide that an ANR application does not require a variance. Mr. Wadsworth noted that since the frontage is not affected, a nonconformity is not being created. Ms. Stickney added that the applicant has no other means of improving the frontage.
VOTE: The motion carried, 5-0-1, with Ms. Scieszka abstaining.
WORK SESSION: OPEN SPACE PLAN
Board members reviewed and discussed revisions to a draft Open Space Plan Goals section for Planning Board goals.
Goal #1, Protect the Town’s drinking water supply: A new objective was added: Develop a water management plan.
Goal #2, Preserve the character of Duxbury: The following objectives were added to Community Preservation sub-goal:
§ Support and promote affordable housing co-existence with open space purchases.
§ Amend the Subdivision Rules and Regulations to include provisions for negotiating Conservation Restrictions.
Under the Historic Preservation sub-goal, two new objectives were added:
§ Adaptive reuse of municipal buildings for affordable housing while maintaining historic character.
§ Seek grants and private funding for historic preservation of structures and landscapes.
Goal #3, Protect and enhance Duxbury’s Natural Resources and Ecosystems: The Board agreed to add the following objectives:
§ Stormwater Bylaw.
§ Develop a Duxbury Bay Overlay District/Waterfront Development District for maritime and business uses that complement the use of the bay and provide public access to the waterfront and bay.
A new sub-goal was added, “Floodplain Management,” with two objectives:
§ Participate in the Community Rating System (CRS).
§ Develop and implement Hazard Mitigation Plan.
Goal #4, Improve Town recreational opportunities with minimum impact on the environment: A new goal was added to explore recreational set-asides in private developments.
OTHER BUSINESS
Millbrook Crossing, Railroad Avenue: Ms. Stickney noted that the applicants were scheduled to go before the Board of Health on June 21, 2007, but they may request an extension to a later meeting date. Mr. Wadsworth reported that he had attended the latest Millbrook Crossing hearing with the Board of Health. At that meeting he asked if a raised system could be avoided and the answer was no. He noted that the mounding has been reduced significantly from the original site plans, and one of the buildings has been reduced in size by approximately forty percent.
T Farm Estates, High Street: Ms. Stickney advised the Board that the applicants no longer want to go forward with this subdivision. A rescission of subdivision approval requires a public hearing. The Board agreed to waive the application fee, and Ms. Stickney noted that the applicant will pay for advertisement and abutter notification.
Berrybrook School, Winter Street: Ms. Stickney reported that the Town’s consulting engineer, Mainstream Engineering, had provided an estimate of $2,500.00 to complete the review of this administrative site plan review application. The Board agreed to recommend that the applicant submit an additional $2,500.00 to their escrow account for engineering review. There was a question of whether to hold off on Planning Board engineering review until Conservation Commission issues are resolved, and it was decided to provide the applicants with the choice.
West Bay Landing LIP, off Soule Avenue: Mr. Wadsworth reported that he had run into the developer, Mr. Chafik Hamadeh, at Town Hall and learned that his current plan is to apply for a Form A subdivision with large estate lots. He noted there are frontage issues to be resolved. Ms. MacNab stated that there still may be an issue with safe and adequate passage.
ADJOURNMENT
The Planning Board meeting was adjourned at 9:10 PM. The next meeting of the Board will take place on Monday, June 18, 2007 at 7:30 PM at Duxbury Town Offices, Small Conference Room, Lower Level.
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