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~ZBA - Keene's Mill Village Application Presentation #1

Keene's Mill Village was presented to the Duxbury Zoning Board on May 12, 2022 at the first meeting for the Comprehensive Approval Application. The meeting was held in person at the Town Hall and via Zoom.


ZBA Members sitting on this case include: Judy Barrett (Chair), Kathy Muncey, Emmett Sheehan, Freeman Boynton and Phil Thorn. Alternate Tanya Trevisan.


Judy Barrett filed a disclosure with the Selectman that she has a relationship with the Applicant's architect as a sub-contractor on work her firm is doing in Orleans. She has no financial interest in the Keene's Mill Village case and in consultation with town counsel it was determined that she does not have a conflict of interest.




1:00 Judy Barrett "This is a Comprehensive Permit which means that the Applicant can request, it does not obligate the Board to grant, but the Applicant can request waivers of local regulations to enable a project that includes affordable housing to go forward."


South Hamlet Discussion (20 units)


1:06 Rick Grady (Civil Engineer for Applicant) "We have designed a 20 foot wide roadway with a hammer head termination at the end for fire department and emergency access turn around."


1:07 Rick Grady "Buildings on the right side of the road will set higher. Buildings on the left will be graded to have walkout basements."


1:18 Andrew Arsenault, Vanasse and Associates Transportation Impact Assessment Study. Completed December 2021 Recommendations - Access and Circulation slide in presentation. "The driveway to the clustered residential development should be a minimum of 22 feet in width and designed to the turning and maneuvering of the largest anticipated responding emergency vehicle."





1:20 Paul Haverty - Review of Waivers being requested. Page 82 of Application.

Zoning Bylaws

Density Allowed

Setbacks Allowed

Relief from dimensional requirements

Relief to allow uses in Wetland Protection Overlay District

Division of land waiver

Waiver to erect signs

Waiver from drainage and surfacing requirements

And many more


Letters Received and Public Comments


Letter from Board of Health/Tracey Mayo dated May 10, 2022 No detail of septic system, setbacks, Title 5, Duxbury Rules and Regulations. Can't provide detailed info.

Noted "bonus room" should be considered as bedroom when designing septic plans.


Letter from Design Board dated May 5, 2022

"Concerns when taking a closer look at the reality of issues to be solved". "Elevation drawings of streetscape to evaluate and convey to the town the proportions of the space between the buildings and the repetition of variety.." "Uses artistic license that does not accurately represent reality".


Letter from Nancy Shine dated April 11, 2022 (Abutter)

Purchased her home in 1985. No town water or fire hydrants available at her property. Requests the Board verify that her well will remain safe. Duxbury requires 150 feet from septic system in Bylaws. This is her only water source.


Traffic study appears to only look at Keene and North. Three abutters are on Myrtle Street.


1:40 Judy Barrett "We're missing drainage calculations. Mr. Haverty, what's the plan for that?" Paul Haverty "... the regulations.. only require a preliminary utilities plan.. drainage calculations are not required" Judy Barrett "Did you read our regulations, too?" Paul Haverty "Excuse me?" Judy Barrett "We have comprehensive permit regulations. Did you read them?"

Paul Haverty "I have not had a chance to review those..." Judy Barrett "It's pretty basic. So we would like to have those as soon as you can get them to us so we have a complete application."


1:42 Tanya Trevisan (Alternate ZBA Board member) "I didn't see any basement plans. Are there going to be basements? I remember you saying something about a basement walkout." 1:43 Jeremy Lake (Architect, Union Studios) "There will be basements where ever they are feasible. We didn't include those plans. We initially didn't realize there were going to be walkout basements until some of the grading studies were done. I don't think we are necessarily thinking of that as finished space that would count in the area calculations but we will confer with the rest of our team on that."


Comments from Public Deborah Frangesh - Wetland delineations done in December 2014/January 2015. Wetland delineations expire at 3 years. Since then there has been building in this area and many storms.


1:50 Judy Barrett "The question is whether the wetland line shown on the plan is valid because the delineation apparently was done more than three years ago." 1:51 Rick Grady "It is likely not valid. It will need to be refreshed for the Conservation Commission. However it is still accurate." 1:51 Judy Barrett "How do we know that?"

1:51 Rick Grady "Because we still need to submit to the Conservation Commission under the Wetlands Protection Act so that will be looked at closely by the Conservation Commission and will require their approval." 1:52 Carole Smith Town water easement draining from Camp Wing and Myrtle Street to an easement that goes through 415, 405 and 399 North Street. Drains to were driveway is located to access 20 units on North Street. Sidewalk shown going down North Street over easement. Concerns for backup of water into her property.


Rick Grady "We need to look into that. I am not aware of any easements."


Freeman Boynton "Should we be considering a site visit?"


Carole Smith requested the site be staked out for the site visit.


Rick Grady - Site is defined with existing ways and stone walls. Can stake enough for the Board to be comfortable "where we are".


June 3rd 9:00 AM Site Visit to gather information.


2:09 Lorelei Driscoll (Forest Street Resident) from Zoom - "Why 28 units in this area? Why not less?"

Paul Haverty - "After the review of site constraints and what is technically feasible on this site, it was determined that 28 units was the appropriate number of units".

Lorelei Driscoll - "Is that to maximize the profit out of the site?" Paul Haverty - "Profit is always a consideration especially when you are talking about Chapter 40B there is a minimum profit requirement of 15% on the return of the total cost. You want to do your best to get close to that in your initial application. It's always a consideration."


Continued to June 9, 2022








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