~Zoning Board of Appeals Public Hearing for Special Permit to build in WPOD on North Street

On November 9, the Zoning Board of Appeals (ZBA) held a Public Hearing to consider an application for a Special Permit to construct a new single family dwelling in the Wetland Protection Overlay District on North Street. The room was filled with concerned residents and neighbors as well as builders that are monitoring this decision closely.

The Chairman started the meeting by saying he had consulted with Town Council since John Baldwin is suing the Zoning Board of Appeals in Superior Court and a neighbor who sent a letter to the Chairman opposing the Special Permit is suing the Zoning Board of Appeals and John Baldwin in Land Court. Town Council informed the board that they could continue the public hearing if they felt they could be impartial. Four members of the Board said they could be impartial and one board member, Kathleen P. Muncey, left for the night. All four board members present needed to agree to grant the Special Permit to have a majority vote.

The Chairman read multiple letters sent to the board in opposition to granting the Special Permit. Most of those opposed to the Special Permit were concerned that there is not enough square footage to create a lot and that the Wetland Protection Overlay District boundaries should be respected. See below for letter submitted to Wayne Dennison from the neighbors.

John Baldwin presented to the board that he thought he should be granted a Special Permit to build in the Wetland Protection Overlay District because a couple of other lots in town have been given Special Permits to build in the WPOD. In 1981, there was building in the WPOD on Barn Swallow Lane and in 2005 a Special Permit was granted for Dingley Dell Estates to build in the WPOD for a road to access the subdivision. In addition, John Baldwin was on the Zoning Board of Appeals in 2013 when a Special Permit was granted to use WPOD with a non-conforming lot to add a pool on Pheasant Hill Lane. Lastly, John Baldwin talked about the original intent of the WPOD based on an article published in the 1975 Duxbury Clipper.

Wayne Dennison, the ZBA Chairman, informed John that he "didn't read the bylaw the way that you do.... It is straightforward to me, John." Also, he said "it flies in the face what Town Meeting did" (Town Meeting denied an article to move the WPOD to create a lot on this land in March 2015). In response to building in WPOD a few times before in town, Wayne Dennison said that didn't mean we should propagate error after error.

Susan Curtis, owner of 0 North Street, spoke from the audience and said "The unfortunate by-product of what's happening here.. you know how to get rid of the Wetland Protection Overlay District, right? ... People have a complete hen about what happens to land.. if this doesn't go forward .. you know what's going to happen... and this is not a good use of the property and that's tragic." Wayne Dennison replied "If what you are suggesting to me is if you don't get what you want you're going to do 40B... do what you're going to do." Susan Curtis replied "Fine. Fine.".

Mr. Dennison told Mr. Baldwin that he could continue the meeting until a later date when more board members were present so he had a better chance at getting a majority vote because he would not be in favor of granting a Special Permit.

John Baldwin decided to continue the meeting until the Zoning Board of Appeal meeting on January 11, 2018.