~Variance requested to build in WPOD on North Street
Susan Curtis and John Baldwin submitted an application to the Duxbury Zoning Board of Appeals for a variance to build a single family dwelling in the Wetland Protection Overlay District (WPOD) at 0 North Street (Lot 9 - next to 388 North Street). Local boards will consider their application at upcoming meetings.
February 28, 2018 7:00 PM at Town Hall - Duxbury Planning Board
ZBA Referral, Variance Zero North Street.
* The Planning Board was not able to vote at this meeting because they did not have enough Board Members present. The issue was moved to March 21, 2108 and this meeting was cancelled due to snow.
March 22, 2018 - 7:30 PM at Town Hall - Duxbury Zoning Board of Appeals
Public Hearing to consider the application of Susan Curtis for a variance for Zero North Street. The applicant proposes to construct a new single family dwelling on land that is partially in the Wetland Protection Overlay District.
In a letter to the Zoning Board of Appeals on February 6, 2018, Susan Curtis states that she qualifies for a variance since she has shown a "hardship" related to the soil conditions and topography of the lot.
From the letter to the Zoning Board of Appeals:
"the WPOD district line runs through the lot resulting in 37,040 square feet of area outside the WPOD all of which are upland."
"the applicant is faced with an unintended consequence of the Town's efforts to protect its wetlands..."
"Notwithstanding the location of the wetlands and the associated uplands protecting them, the WPOD boundary line traverses far into the upland portion of the lot."
"The Property also has a unique soil condition in the northwesterly portion of the Property, namely wetlands and stream, and the buffer zone associated with the Town of Duxbury Wetland Regulations and including the area of the WPOD."
"No other use of the Property is allowed except a single-family home, but a single family home cannot be built given the hardship related to the land.."
She is requesting a variance to use 3,000 square feet of land in the WPOD to create a 40,000 square foot non-conforming lot.
History of Lot 9:
The previous owner of this lot brought Article 39 to Town Meeting in March 2015 to have the WPOD line moved to allow building on the lot. The residents voted to refuse moving the WPOD line. John Baldwin was on the Zoning Board of Appeals at the time of the September 2015 Town Meeting.
Susan Curtis/John Baldwin purchased the 15 acre parcel on North/Keene Streets for $400,000 in November 2016. Lot 9 is part of this parcel. A building permit was granted for Lot 4 in September 2017 to build a single family home and construction is in progress across from Lot 9.
A special permit application to build on Lot 9 was requested by Susan Curtis in November 2017. The application was withdrawn in January 2018.
