Town of Duxbury
Massachusetts
Planning Board
Minutes 08/25/08
Approved September 22, 2008
The Planning Board met in Duxbury Town Offices, Mural Room, lower level on Monday, August 25, 2008 at 7:00 PM.
Present: Amy MacNab, Chairman; Brendan Halligan, Clerk; George Wadsworth, Vice-Chair; John Bear, James Kimball, Harold Moody and Cynthia Ladd Fiorini
Absent: Diane Grant, Administrative Assistant
Staff: Christine Stickney, Planning Director
Ms. MacNab called the meeting to order at 7:00 PM.
OPEN FORUM
Due to a discussion with the Board of Selectmen, Open Forum was deferred until later in the evening.
APPOINTMENT: MR. ANDRE MARTECCHINI REGARDING POTENTIAL REZONING ON TREMONT STREET NEAR ROUTE 3, EXIT 10.
Present for the discussion were: Selectmen Martecchini, Sullivan and Witten; Town Manager, Mr. Richard MacDonald; Mr. Paul Brogna, Mr. Frank Mangione, and members of the press.
Ms. MacNab asked Mr. Martecchini in what capacity was he before the Board tonight for this discussion. Mr. Martecchini said he represents himself and his desire to discuss with the Planning Board came from the prior land use summit held in June 2008. Mr. Martecchini noted that the anticipated application for a Comprehensive Permit includes a commercial component of approximately 28,000 SF of space. He feels the proposal is a good one and if the Town wants this commercial why not zone only the area where the commercial would be going back to a Neighborhood Business zone? Currently the rear portion of the area is zoned Residential Compatibility and the front portion is zoned Neighborhood Business 1, and prior to 2003 CZBIC re-codification the entire site had been Neighborhood Business 4.
Mr. Martecchini noted that the actual commercial uses have not been identified but he understood from discussions they would support the residents of the residential units to be built such as a deli or bank, etc. Ms. MacNab questioned if the property owner was aware of Mr. Martecchini’s idea of a rezone. He responded no, he merely wanted to sound it out with the Planning Board. Mr. Witten commented that any request for rezone should be supported by a “need study” particularly to rezone to commercial given there is a lot of business space currently vacant in the Town.
Mr. Bear commented that downzoning the property would make it more valuable than proceeding with the Comprehensive Permit and questioned if that is something the Town should be doing.
Ms. Sullivan asked if it is possible to rezone only a portion of the project area. Ms. Stickney noted rezones for planning purposes should run on lot lines for less controversy in the future and the property owner would merely adjust lot lines to accommodate. Ms. Stickney also added her opinion that this may be something to be negotiated at the time of the application to be assured no additional commercial area would be incorporated later in the non-commercial area. Ms. Sullivan continued that she does not want Duxbury to be a test case for the Comprehensive Permit law to decide on authorization of commercial uses in a non-commercial area. Mr. Witten suggested the Town may want this issue to be a bargaining chip to demonstrate the public benefit being given away. The Town of Duxbury needs to get something back.
The consensus of the Planning Board was that this is not an article they would initiate.
PRATT CIRCLE SUBDIVISION: REQUEST FOR RELEASE OF SURETY
Attorney Robert E. Galvin, representing Brick Kiln Realty Trust in a letter dated July 22, 2008, requested the Planning Board release the performance guarantee of $40,000.00. Attorney Galvin, Sr. was present at the meeting with Mr. Norman White on behalf of the applicants. Ms. Stickney gave a brief history on the development of subdivision and the issue of the Homeowner’s Association never being recorded on the title of the lots.
Attorney Galvin reiterated his frustration with trying to reach a compromise with the existing owners as to a Homeowner’s Association and noted several versions of a revised association had been put forward to the property owners. In response the property owners wanted the Town to accept the roadway and provide for maintenance and snowplowing. Ms. MacNab noted that waivers were granted for the roadway and it was conditioned to be a private way to be maintained by the Homeowner’s Association.
Attorney Galvin noted the road has been completed and he questioned the Planning Board why the entire $40,000.00 should be held; would they consider a portion? Citing MGL Chap. 41 Section 81U, Attorney Galvin believes the Board is obligated to release it. Mr. Kimball provided his opinion that they are here for the release of funds, and maintenance and snowplowing of the road will be the homeowner’s responsibility. Ms. Stickney suggested that rather continue discussing this issue, the Board has an opinion before them from Town Counsel and perhaps they should vote accordingly and the applicant will have to take it from there if he so desires.
MOTION: Mr. Wadsworth made a motion, and Mr. Halligan provided a second, to deny the applicant’s request for the release of the performance guarantee based upon Town Counsel’s opinion.
VOTE: The motion carried unanimously, 7-0.
APPOINTMENT: ELIZABETH & MATTHEW RADZEVICH, 485 KEENE STREET
The applicants were not present for the discussion. Members had reviewed the ANR Handbook and discussed it in light of past Town Counsel opinions relative to non-conforming lots. Ms. Ladd-Fiorini noted that she sees no problem with improving a non-conforming lot even if it does not reach compliance. Ms. MacNab noted in the past, Town Counsel has directed the Planning Board to not do it unless it was a 50/50 swap and the frontage would not be affected.
Members agreed to have staff inform the Radzeviches that there may be two alternatives:
- Have Mr. Forlizzi make the ANR application and create a “non-buildable lot” that can be later conveyed
- Submit an ANR plan that has only area being added to the back with no change to the existing frontage.
Members expressed their frustration with the Approval Not Required process and how it is often used when no other mechanism is available.
ZBA REFERRAL: 80 NORTH STREET – QUEVILLON
Ms. Stickney requested to be excused from participating in the discussion due to a personal relationship with the applicant and neighbors seeking enforcement. Ms. MacNab discussed the application and how it came to be as a result of neighbors complaining about a mulching activity. She had visited the site and she could see the issue they neighbors were complaining about that resulted in the Cease and Desist.
Members discussed if this was in fact an agricultural use and they agreed that the applicant does have some agricultural uses occurring on the site but that wood for mulching is brought to the site. Mr. Halligan noted that the Zoning Board of Appeals needs to decide what is agricultural in this case. Mr. Wadsworth noted that the Town recently passed a right to farm bylaw that should be applicable here. Ms. MacNab expressed her opinion that the Board should support the Zoning Enforcement Officer’s actions. Mr. Halligan expressed his opinion it appears the trees that create the mulch are not grown on site but rather brought from other sites and ground down, and if that is the case then the statute MGL Chapter 128: Section 1A does not provide agricultural protection.
MOTION: Mr. Halligan made a motion, and Ms. Ladd Fiorini provided a second, to support the Zoning Officer’s action due to the lack of a clear definition of agriculture and in this situation where there is no growing of natural products for the mulch but rather the mulch is a product derived from materials being brought on to the site, it is more of a manufacturing and distribution use under commercial not allowed in a residential zone as is agriculture.
VOTE: The motion carried unanimously, 7-0.
WORK SESSION:
Comprehensive Plan: Ms. MacNab noted that she had met with Ms. Stickney to review the current 1999 plan. Ms. MacNab feels a mere update of the plan is all that is needed due to the fact most of the goals and objectives have not changed. She believes the Town continues to maintain the desire of open space and historical preservation and environmental controls through zoning. Mr. Wadsworth asked if the new census data coming out 2010 should be incorporated and perhaps we should wait. Mr. Bear questioned if the Comprehensive Plan is even used by anyone and if not why bother updating except to serve an external customer.
Ms. Stickney noted that indirectly portions of the Comprehensive Plan have been updated such as housing with the Planned Production Plan, natural resources with the new 2008 Open Space Plan, and economic with the Community Development Plan 2004.
Members questioned if an intern could be hired to bring it together. Ms. Stickney noted that Conservation had an intern do the Open Space Plan and she can ask what that cost was to Conservation, but she noted that interns seek stipends these days and funds would have to be obtained. Mr. Wadsworth suggested that CPA funds could be considered since they funded a housing consultant and other activities. Ms. Stickney was directed to gather information from Conservation for a later discussion on this matter.
OTHER BUSINESS
Bay Farm Montessori: Members reviewed the various materials.
Engineering Invoices:
MOTION: Mr. Wadsworth made a motion, and Mr. Halligan provided a second, to approve payment of the following Mainstream Engineering invoices for Berrybrook:
- Invoice #21070 in the amount of $1,624.00
- Invoice #21133 in the amount of $1,363.00
VOTE: The motion passed unanimously, 7-0.
Meeting Minutes: The minutes of 8/11/08 were tabled until the next meeting.
Meeting Schedule: The tentative schedule showed meetings every week and Ms. MacNab questioned staggering the agendas for every two weeks and then if we need to cancel we could. Ms. Stickney suggested it would be easier for staff to have a two week schedule and add an additional meeting is needed. A revised schedule will be prepared for the next meeting.
Duxbury Bay Maritime School: Ms. Stickney showed members a site plan with highlighting of the curb stops of the interior parking. DBMS would like to eliminate the highlighted curb stops and replace them with anchor chains that would outline the parking spaces similar to what is done at Bayside Marine. DBMS is working with the Harbormaster on an emergency plan for pulling boats out of the harbor in the case of a hurricane or other inclement weather. Removal of the curb stops would allow easier access for the travel lift to maneuver on the site when pulling boats. Members discussed the pros and cons of the adjustment and in the end the Board consensus was this was a minor field change that the applicant could do. Ms. Stickney will let DBMS know of their approval.
Freeman Farms: Mr. Wadsworth noted that the letter to be sent to Mr. Cushing should be reviewed by the Planning Board first.
ADJOURNMENT
The Planning Board meeting adjourned at 9:00PM. The next meeting of the Planning Board will take place on Monday, September 8, 2008 at 7:30 PM at Duxbury Town Offices, Small Conference Room, lower level.
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