Approved 05/19/08
Town of Duxbury
Massachusetts
Planning Board
Minutes 04/28/08
The Planning Board met in Duxbury Town Offices, Small Conference Room, lower level on Monday, April 28, 2008 at 7:30 PM.
Present: Amy MacNab, Chairman; George Wadsworth, Vice-Chair; Brendan Halligan, Clerk; John Bear, Cynthia Ladd Fiorini, and James Kimball.
Absent: Harold Moody; and Christine Stickney, Planning Director.
Staff: Diane Grant, Administrative Assistant.
Ms. MacNab called the meeting to order at 7:35 PM.
OPEN FORUM
Open Forum was deferred until later in the meeting.
ZBA REFERRAL: 19 GURNET ROAD / HAWKINS
At the Planning Board’s request, the applicants, Mr. & Mrs. Hawkins, were present, along with their architect, Mr. Dick Rockwood. At their April 14, 2008 meeting, the Board had reviewed this special permit application to raze an existing dwelling and construct a larger single family dwelling on a nonconforming lot. The applicants were invited in order to answer questions raised at that meeting.
Ms. MacNab asked if the new construction would match the existing footprint, and Mr. Rockwood replied that it would. Mr. Hawkins noted that the existing dwelling encroaches onto a paper road, Walnut Avenue, by a matter of inches. He stated that by a Land Court ruling, he owns half of Walnut Avenue which is depicted as “Area A” on the site plan.
Ms. MacNab noted that the proposed structure is 6.2 feet into the setback area at the end of the deck. She asked why they did not choose to site the structures in compliance with setback regulations. Mr. Rockwood noted that, because of the small lot size, the only option would have been to rotate the dwelling, which would give them a view of their neighbor’s dwelling. The proposed siting is more “livable.” Mr. Wadsworth noted that the proposed structure is still within the 15 foot setback. Mr. Rockwood stated that they did not change the footprint.
Mr. Kimball noted a discrepancy on the site plan between existing and proposed footprint.
The existing footprint is square and the proposed footprint appears to go beyond the square. Mr. Rockwood responded that a new deck with a covered porch is proposed to the rear of the structure on the ocean side.
Mr. Bear asked which side of the structure is considered the front, and Mr. Rockwood replied that it would be the street side. Mr. Bear noted that both the street side and the ocean side are depicted as “front” on elevation plans. Mr. Rockwood noted that the height as measured from the Gurnet Road frontage is 28’ 8.5”. Ms. MacNab suggested that contours be added to the site plan.
Ms. MacNab asked if a driveway to the garage is proposed, and Mr. Rockwood replied that he will be filing with the Conservation Commission. He also noted that he would be adding the driveway to the site plan. Ms. MacNab asked how many bedrooms are proposed, and Mr. Hawkins replied that the current dwelling has five bedrooms but one is not used as a bedroom currently.
MOTION: Mr. Wadsworth made a motion, and Mr. Bear provided a second, to defer judgment to the Zoning Board of Appeals regarding a special permit application for 19 Gurnet Road / Hawkins, noting the following:
§ Although the existing building will be razed, the new construction will result in a much larger structure that appears to be within 9 feet of the lot line.
§ The proposed footprint as depicted on the site plan appears to be larger than the existing footprint.
§ The increase in square footage from 1,432 for the existing structure to 2,662 for the proposed structure represents a substantial increase in the mass of the building, which may impede views and vistas from neighboring properties.
§ The site plan should be amended to reflect the elevation measured from the current grade on the front of the structure to ensure that the roof height is within the Zoning Bylaw limitations.
§ The applicants represented that they recently obtained exclusive rights and ownership of Walnut Avenue through a Land Court judgment. This representation and proof of recording should be verified by the Zoning Board.
§ Location of the proposed driveway should be depicted on the site plan.
§ The Sewer Commissioners should be consulted to ensure that adequate flow exists to service increased demand that may result from the proposed construction.
VOTE: The motion carried unanimously, 6-0.
RECESS
MOTION: Mr. Halligan made a motion, and Mr. Bear provided a second, to recess in order to attend a Board of Selectmen meeting regarding an informal presentation of the proposed Millbrook Crossing 40B.
VOTE: The motion carried unanimously, 6-0.
Planning Board members recessed at 8:15 PM.
RECONVENE
MOTION: Mr. Halligan made a motion, and Mr. Bear provided a second, to reconvene the Planning Board meeting.
VOTE: The motion carried unanimously, 6-0.
Planning Board meeting resumed at 8:55 PM.
ZBA REFERRAL: 245 GURNET ROAD / SHAKESPEARE
No one was present to represent the application for a special permit to raze an existing structure and construct a larger single family dwelling on a non-conforming lot. Mr. Wadsworth noted that there is an increase in coverage from 21.7 percent to 25.1 percent. He also noted that the site plan shows that the new building will be rotated to improve the setback from 2.2 feet to 5.1 feet, still not conforming to Zoning Bylaws by nearly ten feet. Mr. Halligan noted that there appears to be a material increase in setback nonconformity because while the original setback encroachment was on the corner of the building, the proposed setback impingement encompasses the entire side of the building. Ms. MacNab recommended that the Bjorklund v. Norwell case be included with the Board’s recommendation to the ZBA.
MOTION: Mr. Wadsworth made a motion, and Mr. Bear provided a second, that the Planning Board recommend DENIAL to the Zoning Board of Appeals regarding a special permit application regarding 245 Gurnet Road / Shakespeare noting the following:
§ Although the existing structure will be razed, the new construction will result in a much larger structure with an increase in building coverage from 21.7 percent to 25.1 percent.
§ Although the nonconformity as to the setback is slightly improved from 2.2 feet to 5.1 feet, it appears that the length of the proposed 5.1 foot nonconformity has significantly increased.
§ The proposed footprint as depicted on the site plan is larger than the existing footprint.
§ Floor plans are provided for only two floors although the renderings and application show three floors.
VOTE: The motion carried unanimously, 6-0.
OTHER BUSINESS.
Meeting Minutes:
MOTION: Mr. Wadsworth made a motion, and Mr. Halligan provided a second, to accept meeting minutes of April 14, 2008 as written.
VOTE: The motion carried unanimously, 6-0.
OPEN FORUM
Water Commissioner’s Presentation to Board of Selectmen: Mr. Wadsworth received the Board’s input regarding a presentation he was preparing for the Board of Selectmen on behalf of the Water Commissioners. He reported that the state is requiring Towns to reduce the water usage from 90 gallons per person per day to 65 gallons per person per day. He stated that this will be difficult for residents to meet, and he believes the Town will appeal this requirement. He distributed a spreadsheet to Board members showing that the proposed policy would have no effect on the Town water supply.
454 Franklin Street (cell tower): The Board scheduled a site walk of this property which is under Administrative Site Plan Review, for Saturday, May 3, 2008 at 8:30 AM.
95 Tremont Street (Oliver medical building): Mr. Wadsworth provided input for the Board’s transmittal letter to the Zoning Board of Appeals regarding the Administrative Site Plan Review decision and points to be emphasized.
Affordable Housing Trust: Mr. Halligan reported that Mr. James Hartford of the Historical Commission may be interested in applying as a candidate for the new Affordable Housing Trust to be appointed by the Board of Selectmen.
ADJOURNMENT
The Planning Board meeting adjourned at 9:40 PM. The next meeting of the Planning Board will take place on Monday, April 28, 2008 at 7:30 PM at Duxbury Town Offices, Small Conference Room, lower level.
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