The mission of the Town of Duxbury is to deliver excellent services to the community in the most fiscally responsible and innovative manner while endeavoring to broaden our sense of community and preserve the unique character of our town.
Minutes 3/8/04
The Planning Board met in the Town Office Building Monday, March 8, 2004.
Present: Peter Donahue, Chairman; Amy MacNab, Clerk; Aboud Al-Zaim, James Kimball, Angela Scieszka, George Wadsworth and Rob Wilson.
Absent: No members were absent.
Staff: Christine Stickney, Planning Director and Barbara Ripley, Administrative Assistant.
The meeting was called to order at 7:32 PM.
OPEN FORUM
No items were discussed.
PLANNING BOARD ADMINISTRATIVE BUSINESS – Discussion of Annual Town Meeting Articles
ATM Article #25 (Associate Members for Planning Board for Special Permits): Mr. Donahue noted that Ms. Ruth Rowley distributed a memorandum to the Planning Board about the article, after the public hearing had closed. He noted that the memorandum describes where and how she feels the zoning bylaw should be amended to reflect the addition of associate members. Ms. Stickney commented that Town Counsel has recommended that the zoning bylaw be amended in Section 906.2, and has suggested the appropriate language. Planning Board members said that they very much hope that Town Meeting allows them to allow associate members for special permits.
Ms. Stickney said that the Finance Committee appears to be leaning against support of Article #25. She said that she would be at the next meeting to answer questions and to attempt to clarify any misunderstandings. Planning Board members pondered why the Finance Committee is voting on the article, since there is no financial impact on the
Town (Planning Board members have no salary). Mr. Donahue pointed out that there could be a financial impact on the Town if Article #25 does not pass. This is because applications could receive constructive approval if the Planning Board fails to achieve a quorum for votes.
Affordable Housing Trust Fund (Article #13): Ms. MacNab asked that staff make a formal request to Ms. Judi Barrett to answer questions about this article at Town Meeting. It was agreed that Ms. MacNab would give the Planning Board Clerk report, but then defer to Ms. Barrett for an explanation of the article.
ATM Article 5 (Operating Budget): Ms. Stickney said that there might be discussion about the Town Hall budget at the Annual Town Meeting. She said that she hopes that the Planning Department budget will not be further reduced. Mr. Al-Zaim said that the Town should be aware that building permit fees are, in part, a result of action by the Planning Board. Mr. Wilson asked how the budget cuts will hurt the Board. Ms. Stickney explained that the Planning Department took a five- percent cut. It appears that most of the cut will come from engineering review fees. Ms. Scieszka asked whether that will hurt the Board’s efforts to study coverage ratios and mansionization. Mr. Donahue said that Planning Department staff can do much of that research. Mr. Al-Zaim suggested
that some of the Planning Department salary budget could come from developers. Ms. Stickney was asked to research whether other Towns are charging more staff time to developers. Mr. Donahue cautioned that there is variability in how much development activity there is in any given year. Ms. MacNab said that she would not like to see Planning Staff salaries dependent on development activity. Mr. Donahue said that the application fee structure is supposed to cover staff time. Staff should track time spent on individual applications. Ms. Stickney commented that staff is also tracking counter time, since a great deal of staff time is spent answering questions at the office counter. Mr. Donahue added that Planning staff should track time spent on Chapter 40B applications, and share that information with the Zoning Board of Appeals since they set and/or waive fees for those applications. Mr. Al-Zaim said that the Planning Board does not have
enough resources to conduct an adequate review of Chapter 40B applications, especially since the Board cannot hire its own technical consultant.
Article 15 (Establishment of an Economic Advisory Committee): Ms. Stickney said that the Community Development Committee would be speaking in favor of this article. Mr. Wadsworth said that the Planning Board should designate a member to speak in favor of it as well. Mr. Wilson volunteered since he is the Planning Board representative for the Community Development Committee.
OTHER BUSINESS
Duxbury Crossing (Comprehensive Permit Application): Planning Board members reviewed a memorandum, dated 3/1/04, by the Planning Director, regarding the Duxbury Crossing development application. Ms. Stickney explained that the initial application was made in the summer of 2003. The application was then continued through the fall. A re-submission was made, but it was only one page. The Town responded that more information was required. Ms. Stickney’s memo reviews the second re-submission, dated 2/8/04. This re-submission raises more questions. For example, the number of units and bedrooms is unclear.
Ms. MacNab said that she agreed with all of the points raised in Ms. Stickney’s memo. She said that three points really stand out: 1) How many units are planned? 2) A professional stamp is needed on sheets 2-8 of the plan; and 3) The cost of the lots must be made clear in order to have a clear proforma. Ms. MacNab also said that Ms. Stickney’s memorandum of 8/4/04 regarding Duxbury Crossing is still relevant, as most of the issues have not been addressed by the re-submissions. Ms. MacNab added that since the project is in the Aquifer Protection Overlay District (APOD), that the hydrogeological study should not be waived. It is very important to know the direction of groundwater flow.
Ms. Stickney called attention to the twenty-foot cut into a slope at one end of the septic field, and said that there is nothing holding the slope. At the other end of the septic field is a 15-foot high wall that will be facing neighboring residences.
Ms. MacNab said that there are environmental issues with the property. There is debris buried underground. She said that Marshfield has an outstanding enforcement order on the Marshfield portion of the site. She noted that the developer has not made application in Marshfield, even though part of the project is planned there. Ms. MacNab asked that this fact be part of the Planning Board’s letter to the Zoning Board of Appeals.
Mr. Wadsworth said that a “Bioclere” process is described for septic treatment. He said that it is unclear as to whether the Bioclere system is actually a treatment plant. If so, he noted that treatment plants are expressly prohibited in the APOD.
Ms. Scieszka asked that the Planning Board memo highlight the important comments in Ms. Stickney’s letter and the Planning Board discussion.
Mr. Wilson noted that it appears that the developer plans to strip 18-feet into the buffer zone. Ms. Stickney said that the Conservation agent is investigating this issue.
Ms. MacNab said that it must be proven that the developer actually has control of the site.
Mr. Donahue added that a hydrogeologic study is warranted.
Minutes: Mr. Wilson made a motion to accept the minutes of 3/1/04 as written. Mr. Wadsworth provided a second for the motion, which carried unanimously (7-0).
DISCUSSION OF ANNUAL TOWN MEETING ARTICLES (CONT.)
Articles 16 and 17 (Establishment of a Waterfront Scenic Area District and Changes to the Zoning Bylaw regarding the Construction of Piers): It was noted that Mr. Robert F. Danner submitted a memorandum to the Planning Office on March 2, 2004, after the public hearing had closed. He said that the public hearing could not be re-opened at this point. However, he urged members to review the memorandum as an example of questions that may occur at Town Meeting.
ADJOURNMENT
The meeting was adjourned at 9:30 PM. The next meeting of the Duxbury Planning Board will occur on Saturday, March 13, 2004 in conjunction with the Town of Duxbury Annual Town Meeting.
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