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.
The Planning Board met in the Town Office Building Monday, October 18, 2004.
Present: George Wadsworth, Chairman; Amy MacNab, Vice-Chairman; Angela Scieszka, Clerk; Aboud Al-Zaim, John Bear, James Kimball and Rob Wilson. Associate member, Harold Moody, was also present.
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
Freeman Farms: Ms. MacNab commented that the subdivision roads for Freeman Farms (Cushing Drive and Ice House Road) are still blocked off. She said that this is a problem for two reasons: First, emergency personnel cannot get into the subdivision. Second, the Planning Board approved an ANR in August 2003, which was contingent upon changing the access to one of the lots to Cushing Drive. However, this has not been done. Ms. Stickney said that she would send a letter to the developer about opening up the access to the subdivision, and that she would work with the Building Inspector about the access issue for the ANR lot.
Jaycox Land: Mr. Wadsworth reported that Community Preservation Committee members were served with papers, notifying them of legal action being taken against them by Edward Chase. Mr. Chase was trying to get a lease pendance put on the deed of the Jaycox land, prior to the purchase of the land by the Town of Duxbury. However, it appears that the matter was brought before a judge, and Mr. Chase was not successful.
PRELIMINARY PLAN OF LAND: JOHNSON’S WAY/ Off Bay Road
Present for the applicant were:
Chris Gallagher, P.E.
Steve Denyer, applicant
Susan Johnson, applicant
Ms. Scieszka read the correspondence list into the record:
· Preliminary Plan, Application and supporting documentation submitted on 9/1/04
· Development Review Team Minutes of 9/10/04
· Memo from J. Dalyrmple dated 9/10/04 re: Denial
· Letter from C. Gallagher dated 9/14/04
re: request for extension
· Peer Review from T. Sexton dated 9/17/04 re: review
· Letter to C. Gallagher dated 9/23/04 transmitting Mainstream
comments.
· Mutual Extension form signed 10/4/04
· Letter to S. Denyer dated 10/5/04 re: mutual extension form
· Order of Resource Area Delineation and Determination of Applicability, dated 10/6/04 from Duxbury Conservation Commission
Mr. Gallagher explained that since he submitted the preliminary plan, he has learned about several things that he will want to change on the plan. First, he would prefer to build a hammerhead turnaround, rather than a full cul-de-sac. Second, he has learned that the wetlands line will have to change on the plan, due to the way DEP measures the high water line at a coastal bank.
Mr. Gallagher said that he has reviewed the comments made by the Town’s consulting engineer, Tom Sexton. He said that he will be able to incorporate all of the comments, with one exception. Mr. Sexton has called for a drainage basin on a separate lot, with a fifty-foot vegetated buffer. Mr. Gallagher said that this will not fit on the property. However, he said that a leaching system would fit. He said that leaching systems are not disallowed by the Rules and Regulations. He would like to demonstrate that he can design a leaching system to fit on the lot. Three things would mitigate the lack of a basin, he said: 1) the hammerhead turnaround (less roadway); 2) a gravel driveway if the owner approves; and 3) the use of roof drains. Mr. Wadsworth said that the Board would
prefer to see a basin, especially given the proximity of the property to Kingston Bay. He suggested shortening the length of the subdivision “road”, to make room for a basin. Mr. Gallagher said that he still doubted that a basin (with a 50-foot buffer) would fit, and still allow for the 150-foot diameter building circle, and other required features.
Ms. MacNab called attention to the fact that there are issues with regard to septic systems on the property. She would like the Planning Board to work closely with the Board of Health on this application. Mr. Gallagher said that official perc tests are scheduled for mid-November. However, he has done his own tests, and feels confident that the soil will allow for the installation of septic systems.
Mr. Gallagher was asked about the existing “cabana” shown on the lot. Mr. Gallagher said that this is used as a dwelling unit for a couple of months out of the year. He said that the owner would like to leave it standing. Board members said that three dwelling units would not be allowed to exist on the two lots created by this subdivision.
Ms. MacNab asked about frontage and frontage area calculations. Rough estimates were given.
Mr. Al-Zaim said that the critical issues with the plan are the septic issues, and the drainage lot issue.
Ms. Stickney left the meeting at this point, in order to present the Planning Department’s proposal for an FY2006 budget to the Board of Selectmen.
Mr. Sexton said that it will also be important to check fire-flows in the area.
MOTION: Ms. MacNab made a motion to continue the consideration of this preliminary plan to December 6, 2004 at 7:45 PM, with revised plans due to the Planning Office by November 16, 2004, and with an extension of the decision date to December 31, 2004. Mr. Wilson provided a second for the motion, which carried unanimously (7-0).
A mutual extension form was signed by Mr. Gallagher and the Planning Board.
CONTINUED PUBLIC HEARING: DEFINITIVE SUBDIVISION OF LAND: DINGLEYDELL ESTATES/ Off Congress Street
It was noted that revised plans, due to the Planning Office by September 24, 2004, were never received. The applicant, Mr. Roman Striebel, was present. Mr. Striebel explained that the stormwater management requirements of the Conservation Commission were more complicated than he was expecting. The applicant’s engineer was not able to complete revised plans in time. Therefore, he is requesting a continuance of the public hearing for Dingleydell Estates.
MOTION: Ms. MacNab made a motion to continue the public hearing to January 10, 2005 at 7:45 PM, with revised plans and supporting documentation due to the Planning Office by December 20, 2004, and with an extension of the decision date to March 31, 2005. Mr. Wilson provided a second for the motion, which carried unanimously (7-0).
SPECIAL PERMIT RECOMMENDATION: FISHER/ 52 Ocean Road North
It was agreed to postpone consideration of this matter to the next meeting.
OTHER BUSINESS
Engineering Review Invoices:
MOTION: Ms. MacNab made a motion to pay Amory Engineering invoice #10510A for Dingleydell Estates ($30.00) and invoice #10510B for the Deesul Medical Building ($1,696.25). Mr. Wilson provided a second for the motion, which carried unanimously (7-0).
MOTION: Mr. Wilson made a motion to pay Mainstream Engineering invoice #20546 for Snug Harbor Boat Works ($1,704.50) and invoice #20457 for Johnson’s Way ($747.60). Ms. MacNab provided a second for the motion, which carried unanimously (7-0).
Minutes:
MOTION: Ms. MacNab made a motion to accept the Executive Session minutes of 9/13/04 as written. Mr. Kimball provided a second for the motion, which carried unanimously (7-0).
MOTION: Mr. Wilson made a motion to accept the minutes of 9/27/04 as written. Ms. MacNab provided a second for the motion, which carried unanimously (7-0).
MOTION: Ms. MacNab made a motion to accept the minutes of 10/4/04 as amended. Mr. Al-Zaim provided a second for the motion, which carried unanimously (7-0).
Annual Town Report: Ms. Scieszka provided Board members with copies of a draft Annual Report of the Planning Board. Members agreed to provide Ms. Scieszka with comments on the draft.
ADJOURNMENT
The meeting was adjourned at 8:55 PM. The next meeting of the Duxbury Planning Board will be held on Monday, October 25, 2004 at 7:30 PM in the Duxbury Town Offices.
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