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 6/21/04
The Planning Board met in the Town Office Building Monday, June 21, 2004.
Present: George Wadsworth, Chairman (arrived late); Amy MacNab, Vice-Chairman; Angela Scieszka, Clerk; Aboud Al-Zaim, John Bear, James Kimball 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
Ms. Scieszka said that the South Shore Coalition is still looking for discussion topics that will inspire improved attendance at Coalition meetings. Mr. Wilson said that the problem with regional planning is that individual Towns are prone to looking primarily at their own interests. Mr. Al-Zaim suggested that the Coalition consider what Planning Boards can do beyond reviewing subdivisions, such as Master Planning.
PLANNING BOARD DISCUSSION
One of the developers, Dr. Robert Lonigro, was present. He said that each of the two developers has agreed to contribute half of the $5,000 escrow money for road maintenance. Ms. Ripley was asked to check with the Accounting/Treasurer’s department about the mechanism for making sure that the interest and remaining monies accrue to the Homeowners’ Association. Remaining items for completion also include: Ascertaining that the grass on the road shoulders “takes”, addressing exposed wiring in the vicinity of the driveway to lot 058-00B, capping the CATV conduits in 3 locations, providing current documentation as to the trustees and beneficiaries of the Whitepine Lane Trust, and providing proof of recording of the lot release for 325 Tremont Street. It was agreed to
discuss this subdivision again on July 26, 2004.
SPECIAL PERMIT RECOMMENDATION: BRENDA & MATTHEW QUINN/ 281 Surplus Street
Ms. Stickney provided a memorandum to the Board, dated June 17, 2004, explaining that the applicants seek a special permit to expand a non-conforming dwelling by adding a second floor and a one-story addition to the rear.
MOTION: Mr. Wilson made a motion to defer judgment on the application to the Zoning Board of Appeals, since there are no overriding planning issues with the application. Mr. Al-Zaim provided a second for the motion, which carried unanimously (6-0).
OTHER BUSINESS
Invoice:
MOTION: Mr. Wilson made a motion to pay the invoice from Amory Engineering, dated June 4, 2004, for services related to Hillside Lane. Mr. Kimball provided a second for the motion, which carried unanimously (6-0).
Minutes of 6/7/04:
MOTION: Mr. Wilson made a motion to accept the minutes of June 7, 2004 as written. Mr. Kimball provided a second for the motion, which carried unanimously (6-0).
Minutes of 6/14/04:
MOTION: Mr. Al-Zaim made a motion to accept the minutes of June 14, 2004 as written. Mr. Bear provided a second for the motion, which carried unanimously (6-0).
CONTINUED PUBLIC HEARING: HILLSIDE LANE SUBDIVISION/ 123 WASHINGTON STREET R.T.—Off North Street
The applicant, Mr. Kevin Sealund was present. The applicant’s engineer, Mr. Rick Grady, was also present. No members of the public were present.
Mr. Grady said that, in answer to concerns about the separation of a private well from subdivision drainage structures, that the private well will be moved. The homeowner and developer have come to an agreement about this. Mr. Al-Zaim asked how the intention to move the well will be documented. Mr. Grady replied that it will be noted on the plan submitted for endorsement. Mr. Grady also noted that the plans will restrict the allowable lawn area and number of bedrooms.
The Declaration of Protective Covenants was reviewed. Ms. MacNab noted that the clause disallowing any further extension of the roadway was eliminated from an earlier draft. Mr. Sealund said that was an oversight, and he would re-insert that language. Ms. Scieszka commented favorably on the “Greenscapes” language in the Declaration. In response to a question of how the Declaration is made part of the permanent record, Mr. Grady said that he would put a notation near the signature block on the plan, stating that the endorsement is subject to Protective Covenants and the Certificate of Notification.
(Mr. Wadsworth arrived at this point. He had been attending a negotiating session for the Duxbury Crossing Comprehensive Permit application.)
It was noted that Town Counsel’s approval of the Declaration of Protective Covenants has not yet been received. Ms. Stickney will try to obtain that this week.
MOTION: Ms. MacNab made a motion to close the public hearing. Mr. Wilson provided a second for the motion, which carried unanimously (7-0).
MOTION: Ms. MacNab made a motion to approve Waiver #1 (a waiver to allow a maximum grade of 10% as shown on the proposed plan--- relief from Section 7.3.6 (a) maximum grade of 6% under the Rules and Regulations Governing the Subdivision of Land, October 2002), because the public benefit outweighs the detriment as determined through the public hearing process. Mr. Wilson provided a second for the motion, which carried unanimously (7-0).
MOTION: Ms. MacNab made a motion to approve Waiver #2 (a waiver to allow a K value of 9.09 at the intersection of Hillside Lane and North Street as shown on the approved plans---relief from Section 7.3.6 (b) –K value of 40 is required under the Rules and Regulations Governing the Subdivision of Land, October 2002), because the public benefit outweighs the detriment as determined through the public hearing process. Ms. Scieszka provided a second for the motion, which carried unanimously (7-0).
MOTION: Ms. MacNab made a motion to approve Waiver #3 (a waiver to allow a different configuration around the proposed drainage infiltration system at the intersection with North Street as shown on the approved plans---relief from Section 7.3.4 (c) which requires a 30’ radius at property lines with street layout under the Rules and Regulations Governing the Subdivision of Land, October 2002), because the public benefit outweighs the detriment as determined through the public hearing process. Mr. Wilson provided a second for the motion, which carried unanimously (7-0).
MOTION: Ms. MacNab made a motion to approve Waiver #4 (allowing a restrictive easement on Lot 3 to serve as a 50’ buffer around the adjacent drainage lot---relief from Section 7.3.7 (d) 6 (m) , which requires 50” vegetative buffer on the drainage lot under the Rules and Regulations Governing the Subdivision of Land, October 2002), because the public benefit outweighs the detriment as determined through the public hearing process. Mr. Wilson provided a second for the motion, which carried unanimously (7-0).
MOTION: Ms. MacNab made a motion to approve Waiver #5 (allowing one-foot six-inches (1’-6”) of cover over storm water piping—to be Class V reinforced concrete pipe---relief from Section 7.3.7 (b) 2(b), which requires two-feet six-inches (2’-6”) of cover under the Rules and Regulations Governing the Subdivision of Land, October 2002), because the public benefit outweighs the detriment as determined through the public hearing process. Mr. Wilson provided a second for the motion, which carried unanimously (7-0).
MOTION: Ms. MacNab made a motion to endorse the Conditions of Approval, as drafted by the Planning Director on June 14, 2004, and as amended by the Planning Director on June 21, 2004. Mr. Wilson provided a second for the motion. Under discussion of the motion, it was agreed to strike the first clause of Item #11. It was also agreed to replace the words, “offered to”, with “shall”, in the first sentence of Item #11. Also, Mr. Al-Zaim asked whether hours of operation should be included in the Conditions of Approval. Ms. Stickney replied that hours of operation are covered in the Town’s General Bylaws. Ms. MacNab and Mr. Wilson agreed to these amendments to their motion. The vote in favor of the motion
was unanimous (7-0).
MOTION: Ms. MacNab made a motion to approve the Definitive Plan of Land for Hillside Lane (Off North Street), Sheets 1-9, as amended through June 21, 2004, including two notations on the plan which state that the endorsement is subject to the Conditions of Approval voted on June 21, 2004 and the Declaration of Protective Covenants as amended on June 21, 2004. Mr. Bear provided a second for the motion. Under discussion of the motion, Planning Board members stated that they will want to see the revision date of June 21, 2004 on all nine sheets of the plan. The vote in favor of the motion was unanimous (7-0).
OTHER BUSINESS (CONT.)
Community Development Plan: Planning Board members have been provided with copies of the Community Development Plan, which was developed by the Community Development Committee, in consultation with planning consultant Ted Brovitz of Dufresne-Henry, Inc. Funds for development of the plan were provided through Executive Order 418. It was noted that the Board of Selectmen accepted the Community Development Plan at their meeting this evening. The next step will be for the Planning Board to meet with the Board of Selectmen about who should develop an Affordable Housing Plan. The Local Housing Partnership may be the appropriate group for this, according to Ms. Stickney.
Duxbury Crossing Comprehensive Permit Application: Mr. Wadsworth reported that he attended a meeting with the negotiating team for this application. The applicant continues to assert that the Eastern Box turtle was planted by the Town’s engineer at the site visit. Also, the Zoning Board of Appeals does not seem inclined to limit the number of dwellings and bedrooms, based upon 310 CMR 22.03.
ADJOURNMENT
The meeting was adjourned at 9:38 PM. The next meeting of the Planning Board will be held on Monday, June 28, 2004 at 7:30 PM in the Duxbury Town Offices.
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