Approved 06/16/08
Town of Duxbury
Massachusetts
Planning Board
Minutes 06/02/08
The Planning Board met in Duxbury Town Offices, Mural Room, lower level on Monday, June 2, 2008 at 7:30 PM.
Present: Amy MacNab, Chairman; George Wadsworth, Vice-Chair; Brendan Halligan, Clerk; John Bear, and Harold Moody.
Absent: Cynthia Ladd Fiorini and James Kimball.
Staff: Christine Stickney, Planning Director; and Diane Grant, Administrative Assistant.
Ms. MacNab called the meeting to order at 7:30 PM.
OPEN FORUM
Zoning Board of Appeals: Ms. MacNab reported that she had contacted Ms. Sara Wilson, Acting Chair of the Zoning Board of Appeals (ZBA) regarding an article in the Duxbury Clipper that may have overstated the scope of questions the Planning Board was posing regarding a project at their meeting of May 19, 2008. She noted that the Planning Board was trying to clarify with Town Counsel if it would be possible to appeal the issuance of building permits regarding this project.
Ms. MacNab reported that she and Ms. Wilson agreed that the two Boards should meet twice per year for general discussions. Ms. Wilson had suggested that a Monday night, when both the Planning Board meetings and the ZBA administrative meetings take place, would be a preferred meeting time.
Ms. MacNab also reported that Ms. Wilson has agreed to serve on the coverage subcommittee the Planning Board discussed at their meeting of May 19, 2008.
454 Franklin Street (Cell Tower): Ms. MacNab reported that she and Ms. Stickney had met with Mr. Scott Lambiase, Inspectional Services Director and Zoning Enforcement Officer, regarding current enforcement issues. Planning Board minutes of the public meeting of April 14, 2008 for this application will be forwarded to Mr. Lambiase for his information.
ANR PLAN OF LAND: WINTER STREET / BERRYBROOK AND TOWN OF DUXBURY
Ms. Holly Morris, chairperson of the Community Preservation Committee (CPC), was present for the discussion. Mr. Moody noted that the two proposed parcels are not identified as “Parcel 1 and 2” or “Parcel A and B.” Ms. Stickney noted that the two parcels are identified with new Assessor’s numbers instead.
Mr. Wadsworth asked if the two parcels originate from one larger one, and Ms. Morris stated that the Kingston portion has a different Assessor’s parcel number but is part of the same ownership. She also noted that the proposed ANR conforms to all discussions with the owners’ trustees.
Ms. MacNab asked if the two parcels require separate designations because they cross Town lines, and Ms. Stickney responded that the Town of Duxbury’s jurisdiction stops at the corporate line. Ms. Stickney noted that there is a time concern for moving ahead with the lot lines and an upcoming closing.
Mr. Wadsworth asked if the ANR plan conforms to the Annual Town Meeting 2008 motion for CPC purchase of this land, and Ms. MacNab noted that the math regarding lot areas appeared to add up according to the Town Meeting motion. Mr. Wadsworth noted that both parcels contain adequate frontage.
MOTION: Mr. Halligan made a motion, and Mr. Wadsworth provided a second, to approve a plan of land entitled, “Plan of Land in Duxbury & Kingston, Mass. Prepared for Prentiss Bailey Foundation of MA,” dated May 16, 2008 and stamped by Joseph Webby, Jr., PLS, as not requiring approval under Subdivision Control Law.
VOTE: The motion carried unanimously, 5-0.
BERRYBROOK SURETY ESTIMATE
Ms. Stickney noted that, although the applicants disagreed with the Town consulting engineer’s estimate of $84,000 for project completion, they had obtained a bond in that amount in order to expedite issuance of a Certificate of Occupancy for licensing purposes. Ms. Stickney stated that she agrees with the applicant that some of the items listed in the estimate do not apply to Planning Board Administrative Site Plan Review.
Ms. Stickney noted that she and the Town consulting engineer, Mr. Thomas Sexton of Mainstream Engineering, have differing points of view on the degree of inspection required under Administrative Site Plan Review. Mr. Sexton believes that the site requires inspection of drainage and parking lot construction for a private property. Ms. Stickney believes that, unlike subdivision review, most Administrative Site Plan Review projects pertain to private property and the inspections should be more cursory. In addition, Mainstream Engineering is submitting dozens of photographs of each inspection, which may be more than is needed.
Ms. Stickney suggested that the Board consider including inspection guidelines in their upcoming RFP for consulting engineers. She stated that Mainstream Engineering is the only firm she is experiencing this type of issue. Ms. MacNab expressed a concern with having too many guidelines.
It was agreed that no action was necessary regarding a bond estimate for this project.
ZBA REFERRAL: 71 OCEAN ROAD NORTH / HUMMOCK LLC
Board members reviewed the staff recommendation regarding this special permit application to raze an existing structure on a nonconforming lot and construct a new dwelling. Ms. MacNab stated that upon review of the plan submitted, it appears that the applicants were attempting to file an ANR plan through the Zoning Board of Appeals (ZBA). Massachusetts General Law is clear that the only board that can create lots is the Planning Board. The plan submitted with the special permit application is an ANR plan, and that plan does not meet ANR requirements. Mr. Wadsworth noted that the Planning Board has not approved the ANR plan submitted with the special permit.
Ms. MacNab asked if Mr. Orwig, who signed the permit application, is the owner. Ms. Stickney noted that the latest deed shows Dickinson / Grosclose granting all of the parcels, for a total of 3.9 acres, to Hummock LLC. Ms. MacNab noted that Mr. Orwig served as the owner’s representative with earlier ANR applications through the Planning Board. Ms. Stickney had researched through the Secretary of State’s office that Hummock LLC appears to have four members, each with 25 percent ownership, and Mr. Orwig is one of the four. Nothing can be done without at least two signatures, as stated on their document with the State. Mr. Wadsworth noted that one of the owners, Mr. Bud Goodrich, is deceased. Mr. Moody noted that the ownership could have changed although the documentation does not currently represent the changes.
Mr. Bear noted that, no matter who the owner is, it would not affect the Board’s recommendation.
Ms. MacNab noted that at least one nonconforming lot had been created already through Chapter 81L at an earlier date. Mr. Wadsworth noted that the plan submitted is not signed by a licensed land surveyor. Ms. Stickney noted that the request before the ZBA is to raze and replace a structure, not to reconfigure lot lines. Mr. Bear noted that the lots shown do not exist, so there is nothing for the Board to review.
Ms. MacNab noted that Lot 3A depicted on the submitted plans show three units. She asked if the applicant intends to keep those units. Ms. Stickney responded that some of the structures have been abandoned, and the time limit for use under 40A may be nearing its expiration date.
Mr. Timothy Spellman of 61 Ocean Road North addressed the Board and stated that he is an abutter to the property in question and president of the Duxbury Beach Association. He stated that he has been following various applications regarding this property for five years. He reported that the ZBA had advised the applicant to submit to the Planning Board for two one-acre lots and then they would not need to file with the ZBA. He stated that the ZBA told the applicant could build “whatever he wants,” including two 3,000 to 4,000 square foot dwellings.
Ms. MacNab explained to Mr. Spellman that, whatever the special permit application has been file, there has not been an application filed with the Planning Board for an ANR plan of land. Ms. Stickney noted that she had spoken with the applicant and advised him that he cannot make the lot any more nonconforming. Ms. MacNab agreed that it would be infectious invalidity to do so.
MOTION: Mr. Moody made a motion, and Mr. Bear provided a second, to recommend denial of a special permit application for 71 Gurnet Road / Hummock. The plan of land as submitted with the Zoning Board of Appeals application appears to indicate that an Approval Not Required application has been submitted when in fact a plan has not been submitted or endorsed by the Planning Board. Secondly, as constituted the subject plan would not be a conforming plan that could be endorsed by the Planning Board. According to MGL Chapter 41, only the Planning Board can create lots. Therefore since no lot has been created, the current application should not be before the Zoning Board of Appeals as proposed.
DISCUSSION: Mr. Bear asked if comments should be included from the staff memo, and the Board agreed that the Planning Board recommendation to the ZBA should stay narrowly focused to address only the issue at hand, even though there would be additional issues if the application was a valid one.
VOTE: The motion passed unanimously, 5-0.
Mr. Spellman asked about the special permit process and the applicant’s protection under Chapter 81L. Ms. MacNab explained that 81L protection allows multiple structures on a large parcel. If an applicant can prove that a dwelling existed prior to 1950 Subdivision Control laws, the applicant is allowed grandfathering to create nonconforming lots. The current applicant used this exemption in 1991 and therefore cannot use the exemption again.
OTHER BUSINESS
Bay Farm Montessori Academy, Loring Street: Ms. MacNab reported that the Town and abutters have filed an appeal of a recent Land Court decision regarding this property.
Land Use Summit: Ms. Stickney reminded Board members of this discussion initiated by the Board of Selectmen and scheduled for June 11, 2008. Ms. MacNab noted that the Board of Selectmen would be determining the agenda at their meeting tonight. this meeting. Ms. MacNab and Mr. Wadsworth reported that they would be able to attend, and Mr. Halligan and Mr. Moody reported that they would be unable to attend.
Freeman Farms Subdivision, off Elm Street: Mr. Wadsworth noted that the cost of paving has most likely doubled since subdivision approval in 1995. He asked if the Planning Board could review the bond amount. Ms. Stickney noted that there currently exists a $100,000 plus cash surety on this subdivision. She stated that if the Town consulting engineer, Mr. Walter Amory of Amory Engineering, deems the base coat to be deteriorating, a new amount could be considered.
Ms. Stickney suggested that the Board could consider asking developers of outstanding subdivisions to attend a future Board meeting in order to discuss the status. The Board agreed.
95 Tremont (Oliver Medical Building): The Board signed the Administrative Site Plan Review plans for this project that was approved at an April 14, 2008 Board meeting.
FEMA Map Revisions: Ms. Stickney reported that the Planning office had received proposed revisions of the 2005 Flood Insurance Rate Maps. The 2005 maps used NGVD as a basis for elevations and the proposed FIRM maps will now use NAVD88 datum. There are now twenty panels instead of the previous thirteen that comprise Duxbury’s FIRM maps. Public hearings will be required, and zoning maps and Zoning Bylaws will also need to be amended through Town Meeting to reference the new FIRM maps.
ADJOURNMENT
The Planning Board meeting adjourned at 8:53 PM. The next meeting of the Planning Board will take place on Monday, June 16, 2008 at 7:30 PM at Duxbury Town Offices, Small Conference Room, lower level.
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