Duxbury Planners Impose Strict Property Bounds on New ADU Following Neighbor Encroachment Concerns

Key Points

  • Approval of the Mayflower Cemetery expansion including a permit for clearing land and planting 60 new trees
  • Approval of an ADU at 58 Franklin Terrace with strict conditions to remove a fence encroaching on a neighbor's property
  • Endorsement of an ANR plan at 11 and 19 Longpoint Lane after clarifying septic system setbacks and frontage requirements
  • Authorization of a lot release for Flynn Way with a performance security deposit of 217,110 dollars
  • Discussion of safety risks for a potential Battery Energy Storage System bylaw including noise and Route 3 evacuation concerns
  • Review of two new 40B housing applications at 474 Tremont Street and Parkland Street
  • Scheduling of a December 22 special meeting to finalize flood hazard and battery storage zoning bylaws

The Duxbury Planning Board spent much of their December 8 session addressing a proposed accessory dwelling unit (ADU) at 58 Franklin Terrace, a project that drew significant scrutiny regarding property lines and neighborly relations. Kevin Grady of Grady Consulting and Brian Artiano of Buildex presented the plan for a standalone, 900-square-foot unit, but neighbor Kevin Spa raised alarms about existing encroachments. Spa told the board, It appears and it seems that there was a fence erected on my property which goes out onto my property almost 30 feet. In response, Artiano assured the board that Buildex would correct the oversight, stating, The agreement we have is to make sure that there’s a chain link fence that’s encroaching on his property that needs to be relocated. Chair Kristin Rappe questioned the necessity of the project's expansive circular driveway, asking, Would it make sense to remove the circular part and just have a driveway with... a little turnaround just to reduce the amount of surface? Planning Director Matthew Heins noted that while the driveway configuration was a bit of a gray area, the plan otherwise met technical requirements. Member Lauren Sirois agreed, noting, That was my question about the driveway after the technical review. Motion Made by Steve Gandt to approve the administrative site plan entitled site plan 58 Franklin Terrace, Massachusetts revised as discussed in the meeting with the condition that the fence be removed from the abutter's property and bounds placed as discussed. Vote Passed 5-0

The board also moved forward with the long-awaited Mayflower Cemetery expansion at 774 Tremont Street. Representing the town, Bob Hayes addressed concerns about vegetation loss, clarifying that the environmental impact would be net positive. Hayes explained, We are taking down three trees which are in fact very not worth saying; we are planting 60 trees. Board members Steve Gandt and Matthew Ray were satisfied with the peer review resolution. Motion Made by Steve Gandt to approve the site plan for the Mayflower Cemetery development project revised through November 11th, 2025. Vote Passed 5-0 and Motion Made by Tag Carpenter to grant the land clearing and grading special permit for the cemetery project. Vote Passed 5-0. Earlier in the evening, the board finalized a lot release for Flynn Way, though Matthew Ray recused himself due to his family's involvement with Holy Family Parish. Motion Made by Steve Gandt to set the performance security amount to $217,110 to accept the performance security in the form of a deposit of money and to release lots A, B, and C from the restrictions of the covenant. Vote Passed 4-0

A contentious debate emerged regarding a proposed Battery Energy Storage System (BESS) bylaw and its proximity to residential zones and Route 3. Resident Kim McAnte expressed deep concern over the lack of a clear safety protocol, telling the board, You're talking about an evacuation zone that's on our watch. This is 250,000 as you state a day. And what do we do with that? Member Tag Carpenter advocated for a cautious approach to site overlays, suggesting, Given these parameters here's what you get the maximal possible overlay way and then if we shrink it down what we think the minimum and then we got to run that by the state. Matthew Ray, attending remotely, scrutinized the frontage of a separate ANR plan on Longpoint Lane, asking, Am I missing something here, but it looks like there’s only roughly about 50 square feet along Longpoint Lane for the entrance for parcel B. Steve Gandt also voiced concerns about lot lines at Longpoint Lane, stating, I’m noticing that the boundary of the proposed parcel A is coming closer... to the septic system than the previous lot line. Motion Made by Steve Gandt to endorse the plan for 11 and 19 Longpoint Lane dated August 8th, 2025 as not requiring approval under the subdivision control law. Vote Passed 5-0

The meeting concluded with a final land swap and planning for future town meetings. The board endorsed an ANR plan for 0 Mary Avenue and 63 West Street to facilitate a house build. Motion Made by Steve Gandt to endorse the plan for 0 Mary Avenue and 63 West Street dated November 21st, 2025 as not requiring approval under the subdivision control law. Vote Passed 5-0. Finally, the board scheduled a special meeting for December 22 to finalize zoning bylaw language before the January warrant deadline. Motion Made by Steve Gandt to adjourn. Vote Passed 5-0 The meeting was adjourned at 8:10 PM