~Special Permit Requested for Lot 9 (North/Keene)
John Baldwin is requesting a Special Permit to build a four bedroom single family dwelling in the Wetland Protection Overlay District on Lot 9 at the corner of North and Keene Streets in Duxbury.
The Zoning Boards of Appeals has scheduled a Public Hearing on November 9, 2017 at 7:30 PM in the Mural Room at Duxbury Town Hall to review this request. Interested residents are encouraged to attend. In addition, residents can send comments to the Zoning Board of Appeals to review before the meeting. Send your comments to the attention of Angela Ball at ball@town.duxbury.ma.us before Friday, October 27, 2017.
Lot 9 is 2.27 acres (98,824 sq ft) of which 1.87 acres (81,344 sq ft) is upland but only 37,040 sq ft of upland is outside of the Water Protection Overlay District (WPOD). 40,000 sq ft of upland outside of the WPOD is required for a lot. The lot meets the criteria of Duxbury Zoning Bylaw 404.9 to request a Special Permit from the Zoning Board of Appeals. The Conservation Commission has reviewed the application and have given Order of Conditions.
The Zoning Board of Appeals should deny the request for a Special Permit to build on Lot 9 at the corner of North/Keene Street in Duxbury.
A Special Permit for Lot 9 would create a new nonconforming lot for a new dwelling in the Wetland Protection Overlay District. Special Permits are typically given for a nonconforming lot when a structure is torn down and a new dwelling is built. However, this is a request to create a new nonconforming lot on undeveloped land. This would set an unfavorable precedent in Duxbury.
In March 2015, Article 39 was presented at Town Meeting as a citizen's petition by the previous owner, Pamela Ness Crowley, to move the boundary of the WPOD since there was not enough square footage to create a lot.
The Conservation Commission voted to not amend the WPOD boundary for this location because most of the WPOD is within a projected resource area known as Riverfront Area.
Article 39 was DENIED by the residents of the Town of Duxbury and the WPOD boundary was not changed.
A Special Permit would allow building in the Water Protection Overlay District on North Street. Residents have already voted on this issue at the March 2015 Town Meeting and the Article was denied. Therefore, the Special Permit should be denied.
Site plan for Lot 9. Orange is wetlands. Yellow is WPOD. Note the proximity of the driveway to the already hazardous intersection of North and Keene Street.
Lot 9 is directly across from the land that is part of the lawsuit vs. the Duxbury Zoning Board of Appeals to reinstate five building permits on one lot on North Street.
