Town of Duxbury
Massachusetts
Planning Board
Minutes 12/01/08
Approved January 26, 2009
The Planning Board met in Duxbury Town Offices, Small Conference Room, lower level on Monday, December 1, 2008 at 7:30 PM.
Present: Amy MacNab, Chairman; Brendan Halligan, Clerk; George Wadsworth, Vice-Chair; John Bear, Cynthia Ladd Fiorini, and Harold Moody.
Absent: James Kimball.
Staff: Christine Stickney, Planning Director; Diane Grant, Administrative Assistant.
Ms. MacNab called the meeting to order at 7:36 PM.
OPEN FORUM
Planning Director Resignation: Ms. MacNab reported that the Planning Director, Ms. Stickney, has accepted a position of Director of Planning and Community Development for the City of Braintree, effective January 5, 2008. She noted that although it will be a loss for the Duxbury Planning Board, she is happy for Ms. Stickney’s promotion.
ANR PLAN OF LAND: TEMPLE, KEENE & NORTH STREETS / CROSSROADS FOR KIDS & TOWN OF DUXBURY
Mr. Joseph Grady, Conservation Administrator, was present for the discussion to represent the Town of Duxbury. Ms. Stickney noted that voters at Annual Town Meeting 2008 approved the purchase of approximately three acres, to be divided into conservation land, affordable housing, with one lot to remain with Crossroads for Kids for potential development. The Crossroads for Kids lot is depicted as Lot 1 on the ANR plan, and the affordable housing lot is depicted as Lot 2. Mr. Grady noted that retaining one lot for Crossroads for Kids lot was part of the negotiating process in order to contain the cost to the Town.
Ms. MacNab asked how the surveying firm, Aaberg Associates, Inc. was selected, and Mr. Grady responded that they had done previous work for Crossroads for Kids and retained for this project as well. Ms. MacNab expressed a concern with the quality of work performed by Aaberg in a past application for affordable housing on Congress Street. Mr. Grady noted that the surveying problem with the Congress Street was resolved and stated that he has been satisfied with their performance. Ms. MacNab asked if Aaberg had performed surveying work on site for the current application, and Mr. Grady confirmed that they did. He noted that they reviewed deeds as well, which are referenced on the plan.
Mr. Wadsworth asked if the access easement granted to the Town was depicted on the plan, and Mr. Grady replied that it would be a separate document. Mr. Wadsworth noted that without that document the Town’s options may be limited, and asked how wide the proposed easement will be. Mr. Grady responded that it would be fifty feet wide.
Mr. Grady noted that the purchase is scheduled for closing on December 16, 2008. Mr. Wadsworth asked the status of the State self-help grant that the Conservation Commission had applied for to supplement funding for the purchase, and Mr. Grady responded that he had been surprised to learn that their grant application was rejected due to a decrease in available funding for the grant.
MOTION: Mr. Halligan made a motion, and Mr. Bear provided a second, to endorse a plan of land entitled, “Plan of Land, Temple Street, Keene Street and North Street in Duxbury, MA,” dated September 16, 2008 as not requiring approval under Subdivision Control Law.
VOTE: The motion carried unanimously, 6-0.
Board members signed the mylar and two paper copies of the ANR plan.
ZBA REFERRAL: 54 OCEAN ROAD NORTH / SACK
The applicant is proposing to construct an 800 foot second story addition to an existing dwelling and replace an 8’ x 24’ deck with a new 8’ x 14’ deck. Discussion was continued from the Board’s November 17, 2008 meeting, when the Board agreed to wait until the Conservation Commission’s hearing with the applicant. Ms. Stickney reported that there is a difference of opinion between the Conservation Commission and the Building Department regarding whether the renovations would be considered substantial. The Conservation Commission believes the dwelling should be placed on pilings. The Building Department uses a different formula and is not of the opinion that the dwelling needs to be placed on pilings.
Ms. Ladd-Fiorini pointed out that the photographs of the existing dwelling seem to indicate many add-ons to the original structure that may not have been permitted. Ms. MacNab noted that although Mr. Friesen, the applicant’s builder, points out in his cover letter that there would be a decrease in coverage because of the reduction in deck size, his statement is misleading because the deck would not be included in coverage calculations.
Ms. Stickney noted that a major issue is how the new construction will fit in the neighborhood, because it will be much larger than most homes on the street. In addition, the street serves as a driveway for the neighborhood due to limited space. She listed major issues as: septic, massing, and increase in non-conformity as cited in the Bjorklund case law. The current coverage is 29.7 percent.
Ms. MacNab asked about the number of bedrooms, and Ms. Stickney responded that at least four bedrooms are proposed and there are currently two bedrooms. Mr. Wadsworth noted that the sewer commissioners need to be notified regarding adequate capacity. Ms. Stickney noted that the property is under the Marshfield sewer system.
MOTION: Mr. Bear made a motion, and Mr. Wadsworth provided a second, to not approve the special permit application and plans for 54 Ocean Road North as submitted for the following reasons:
- The existing lot coverage of 29.7% is currently substantially above the 15% current allowable. No improvement to decrease the lot coverage is proposed, contrary to the applicant’s statement in his cover letter.
- Site parking provisions are not clearly depicted on plans, but clearly indicate an increased burden on parking. Parking within Ocean Road North should be prohibited.
- The overall mass of the building is not in keeping with the neighborhood (see Bjorklund v. Norwell, 2008)
- The applicant should be required to contact the Town of Duxbury Sewer Commissioners regarding septic capacity.
VOTE: The motion carried unanimously (6-0).
WORK SESSION: POTENTIAL TOWN MEETING WARRANT ARTICLES
Ms. Stickney noted that public hearings will begin on Monday, January 5, 2009 to allow at least two meetings for continued review before a recommendation is due to the Finance Committee. Board members discussed drafts of proposed articles.
Lot Coverage: Ms. Stickney noted that Town Counsel, Atty. Robert S. Troy, has reviewed the proposed revisions to the lot coverage bylaw and has recommended that the open space definition be presented as a separate article. She offered to pursue the reasoning behind this request based on comments from the Board that they would prefer to keep both parts together.
Parking: Mr. Bear asked if pervious pavers are addressed in the revised parking bylaw, and Ms. MacNab noted that the lot coverage bylaw clearly includes any traffic lanes including pavers.
Community Preservation Act: Ms. Stickney reported that there may be a citizen’s petition to eliminate the Community Preservation Act in the Town of Duxbury.
Wireless Telecommunications: Ms. Stickney reported that she had not heard from the ZBA regarding their comments to proposed revisions. Ms. MacNab noted that the ZBA would be reviewing the proposal at their meeting tonight, adding that the bylaw is clearly under the ZBA’s purview. Ms. Stickney noted that Town Counsel is reviewing the proposed article in light of the Federal Communications act. Mr. Wadsworth noted that federal regulations supercede local ones.
Island Creek Rezoning: Ms. Stickney advised the Board that the owners are expected to petition to rezone a portion of their property to Neighborhood Business. She reported that she had advised the applicants to rezone to Neighborhood Business 1 rather than NB2, and noted that the zoning change would run along lease lines rather than lot lines.
WORK SESSION: ISLAND CREEK EXPANSION
Ms.Stickney reported distributed her staff report on this comprehensive permit to Board members. She noted that if the height of one of the proposed residential buildings was reduced by one floor, it would reduce the total count by 32 units.
Ms. Stickney noted that the site meets a warranted need for a traffic light and has received a favorable recommendation from Mass Highway, adding that this may be a good opportunity to pursue a traffic light at the exit ramps. She stated that owners of 95 Tremont Street and 104 Tremont Street should be included in a future traffic mitigation plan. She noted that the Town of Kingston is not in favor of allocating funds for the traffic light.
Ms. MacNab noted that she is concerned with the proposed 238 units plus commercial space, especially in light of conditions of an earlier special permit which stated there would be no further development. This clause was eventually removed under an agreement with the Board of Selectmen for a maximum of 102 additional units. Ms. Stickney explained that the assisted living and commercial components had been late additions to the proposal. She stated that the applicant needs at least 106 units to obtaining financing for the project. At one point the applicants could get financing without a larger increase but at this point Section 8 financing is not available.
Mr. Bear pointed out that the site has doubled in density. Mr. Halligan noted that it is important to consider the commercial component as well, including its impact on traffic and routing.
Ms. MacNab asked why the assisted living facility counts toward the Town’s affordable housing number, and Ms. Stickney responded that it counts according to the Department of Housing and Community Development. Ms. Stickney noted that a breakdown of affordable units is listed in the application binder. One wing of the assisted living facility will be an Alzheimer’s unit. Mr. Wadsworth noted that the impact to the Town of an assisted living facility is less than condominiums. Ms. Ladd-Fiornin noted that it may have an impact on fire and ambulance services.
Ms. MacNab asked if other buildings in the Town have a comparable height to the 54 feet proposed at Island Creek. Ms. Stickney responded that the Villages at Duxbury on Kingstown Way are comparable in height.
Mr. Moody asked about the intended use for the commercial buildings, and Ms. Stickney noted that usually the ground floor retailers support the residents in the building. This set up helps minimize traffic but does take away business from existing retailers. She recommended that the Town should be proactive in working with the applicants to get the right mix of retailers for the commercial space.
Ms. Stickney noted that the original public hearing in October 2008 was continued because the application was deemed incomplete because of application fees. Another outstanding issue is whether 2002 or 2008 Zoning Board of Appeals Rules and Regulations apply to this application. The ZBA is in the process of selecting a consulting engineer. The next public hearing is scheduled for December 11, 2008. This does not allow much time for in-depth review of the project. A DRT will be scheduled once an engineer has been hired.
Ms. Stickney also noted that the Subsidized Housing Inventory has not been resolved. The ZBA has submitted a letter to the DHCD requesting Safe Harbor status but there has been no official response to date. If the Town is granted Safe Harbor status, it would affect the right to appeal.
Ms. MacNab noted that many issue exist with this project that need to be put into a cohesive report. She recommended that the Board create a preliminary recommendation.
OTHER BUSINESS
Meeting Minutes:
MOTION: Mr. Wadsworth made a motion, and Mr. Halligan provided a second, to approve meeting minutes of November 17, 2008 as amended.
VOTE: The motion carried unanimously, 6-0.
Land Clearing, 201 Marshall Street: Ms. MacNab asked if a surveyed plan had been submitted as requested by the Board, noting that the Board can request this as the Special Permit Granting Authority. Ms. Stickney offered to follow up with the Zoning Enforcement Officer, Mr. Scott Lambiase.
Administrative Site Plan Review (ASPR) for Piers: Ms. Stickney noted that the ZBA has requested the Board’s opinion on whether administrative site plan review applies to pier applications. Ms. MacNab noted that she does not see what would trigger ASPR. Mr. Halligan noted that federal pier regulations and conservation are main concerns with pier applications.
ZBA Decision: 95 Tremont Street (Oliver Medical Building): Board members reviewed a ZBA decision dated October 23, 2008 where the ZBA approved an amendment to a special permit to allow 24 additional parking spaces. Ms. MacNab noted that there was an apparent misinterpretation about the Planning Board consulting engineer’s opinion of the proposed pavers as pervious.
ZBA Decision: Duxbury Crossing (Enterprise and Careswell Streets): Board members noted that the ZBA had granted the applicants an amendment to a comprehensive permit to allow additional waivers regarding drainage.
Webster Point Village Comprehensive Permit, Duxbury and Marshfield Town Line: Board members reviewed a letter from the applicants to the Duck Hill Neighborhood Association requested that the association confirm with the ZBA a negotiated reduction from 103 to 60 units and 60 units to 40 units. The letter also states that the Marshfield ZBA has granted the applicants a one-year extension to its comprehensive permit on November 7, 2008.
ADJOURNMENT
The Planning Board meeting adjourned at 9:53 PM. The next meeting of the Planning Board will take place on Monday, December 8, 2008 at 7:30 PM at Duxbury Town Offices, Small Conference Room, lower level.
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