~Conditional Plans Offer
At the Duxbury Zoning Board of Appeals meeting on May 25, 2023, the developer's lawyer explained that the "Conditional Site Plans" posted on the ZBA website on May 17th were an offer that is conditional upon on appeals being filed for the 24 unit plan.
The developer is proposing that the ZBA approve the 24 unit plans on the condition that the development would SHIFT to the 16-unit plan if non one appealed the decision for the 24 units. If an appeal is filed, they would need to proceed with the 24-unit plan to make up for the costs of litigation of the appeal. Anyone can file an appeal within 20 days from when the ZBA makes its decision. The ZBA has no control over who applies for an appeal.
The new "conditional" plans has two single family units in the northern hamlet (closer to the intersection of North/Keene) and 14 units in the southern hamlet. The duplexes have been removed, the mounded septic system has been removed and the hammer head driveway has been changed to a circle.
The ZBA will meet on Monday, June 5th at 4:00 for an administrative meeting to consider and deliberate on a draft decision and waiver requests. The public hearings were CLOSED on May 25th but the public can still watch the meeting on https://pactv.zoom.us/ Meeting ID: 936 1632 7348. PW: 943482.
CONDITIONAL 16 UNIT PLANS - If the ZBA APPROVES the 24 unit plan below and no one files and appeal, the development will SHIFT to this 16 unit plan.
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24 UNIT PLANS - ZBA are being asked to approve this plan. If an appeal is filed, the appeal process will start based on these plans.
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