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 2/23/04
The Planning Board met in the Town Office Building Monday, February 23, 2004.
Present: Peter Donahue, Chairman; James Kimball, Angela Scieszka, George Wadsworth and Rob Wilson.
Absent: Amy MacNab, Clerk and Aboud Al-Zaim.
Staff: Christine Stickney, Planning Director and Barbara Ripley, Administrative Assistant.
The meeting was called to order at 7:34 PM.
OPEN FORUM
No items were discussed.
ANR PLAN OF LAND: COLEMAN/ROONEY/ 97 Gurnet Road
The applicant was represented by Mr. Al Vautrinot, Land Surveyor. The son-in-law of Gertrude Rooney was also present.
Mr. Donahue reported Town Counsel’s opinion that the plan does not show any new division of land. Rather, the plan simply shows the Court’s opinion of how the lot lines should have been shown all along. Therefore, Town Counsel said that endorsement as either an ANR or an 81-X plan is acceptable.
Mr. Wadsworth said that he feels comfortable going along with it, so long as Town Counsel’s memorandum of 2/13/04 is included as part of the record. Mr. Wilson agreed with Mr. Wadsworth.
Mr. Wadsworth made a motion to endorse the Plan of Land prepared for Gertrude A . Rooney, by Vautrinot Land Surveying, Inc., and dated February 3, 2004, as not requiring approval under Subdivision Control Law. Mr. Wilson provided a second for the motion, which carried unanimously (5-0).
PUBLIC HEARING FOR 2004 TOWN MEETING ARTICLE: ADOPTION OF REVISED ZONING MAP
No members of the public were present.
Mr. Wadsworth made a motion to waive the reading of the public hearing notice. Mr. Wilson provided a second for the motion, which carried unanimously (5-0).
Ms. Stickney described the revised zoning map, which was developed in collaboration with Greatwall GIS, with funds allocated at the 2003 Annual Town Meeting. She explained that the map has been constructed in six layers, so that the overlay districts may be more easily seen. She said that the last time that Town Meeting officially endorsed a zoning map was in 1982, and that great care was taken to be sure that all zoning changes since that time have been reflected in the new map.
Ms. Stickney reported that the zoning map revision came in on-time and under-budget.
Planning Board members agreed that the new map represents a substantial improvement over the previous version.
Mr. Wadsworth made a motion to close the public hearing. Mr. Kimball provided a second for the motion, which carried unanimously (5-0).
Mr. Wadsworth made a motion to recommend approval of 2004 Annual Town Meeting article #24, relevant to adoption of the revised zoning map. Mr. Wilson provided a second for the motion, which carried unanimously (5-0).
OTHER BUSINESS
Gravel/Paved Parking: Mr. Donahue said that tonight, the Board of Selectmen will be voting their position on Town Meeting articles sponsored by the Planning Board. Mr. Donahue said that he would like the Board to re-consider their vote on 2004 Annual Town Meeting Article #28, relevant to gravel parking. He said that the Board has an excellent reputation for successfully bringing articles to Town Meeting. However, he said that on this article, the Planning Board has not done sufficient research to be able to adequately defend its position. He said that if paved parking is required, and paved parking is considered impervious, that many existing businesses will greatly exceed the 50% site coverage ratio allowed in the Zoning Bylaw. He said that the Board should do research on whether or not
site coverage limits should be increased. Other Towns should be surveyed, and the Board should be ready to support its position.
Mr. Donahue referenced a memorandum from the Chairman of the Zoning Board of Appeals, dated 2/22/04. This letter objects to the Planning Board making a proposed change to parking surfaces without looking at other relevant parts of the bylaw.
Ms. Stickney reported that Mr. Jackson R. Kent called the Planning Office today with the same objection, and plans to be at the Board of Selectmen meeting tonight to express his concerns.
Mr. Wilson commented that the Planning Board has a lot to lose if the Board goes forward and loses.
Mr. Wadsworth said that the ZBA seems to fear that it may be impossible for any neighborhood businesses to make any change or improvement. However, Mr. Wadsworth cited the examples of Battelle Laboratories and Bayside Marine. In these instances, improvements were approved, while site coverage exceeded 50%, and gravel parking remained.
(Mr. Wadsworth left the room at this time in order to represent the Community Preservation Committee at the Board of Selectmen meeting.)
Ms. Scieszka said that she strongly disagreed with Mr. Donahue’s position that paved parking cannot be required without increasing the percentage of allowable impervious coverage. She said that paved parking is crucial for the environment (so that run-off can be properly addressed). She said that this does not automaticaly imply that allowable site coverage has to be increased.
Mr. Donahue said that when the Planning Board has recommended gravel parking, it has also recommended allowing waivers for site coverage limits. He cited the examples of the Medical Building on Tremont Street, and Snug Harbor Tile. He said that if the Board consistently has to recommend waivers, that the site coverage ratio should be re-examined.
Ms. Scieszka said that these waivers have been going against the intent of the Zoning Bylaw. The Town Meeting article will bring the Town back to the intent of the Bylaw.
Mr. Donahue disagreed that this is the intent of the Bylaw. He said that the Planning Board must recognize what the Town has today. The current bylaw allows gravel to be called pervious. If the Town changes that, the pervious/impervious ratio should also be changed. Research is needed to determine the appropriate ratio, he said. What have other Towns done? He commented that businesses need more site coverage than residences, in order to function.
Mr. Kimball said that he would like to see paving required. He said that gravel is unsightly. He said that he would like to see the Board do the research required to ensure that the paving requirement is accepted by the Town.
Mr. Donahue recommended that the Board vote to Indefinitely Postpone the article until the research is done.
Ms. Stickney commented that the proposed amendment will make it very difficult for owners of existing properties that want to make improvements. She also commented that the two other communities she has worked for, have had much higher allowable site coverage (75% and 80% respectively).
Ms. Scieszka said that while she does not agree with some of the arguments against the proposed bylaw amendments, she acknowleged that the Board may not be well-prepared enough to prevail on the issue. She questioned proceeding with a reconsideration of the Planning Board vote with only four members present.
Mr. Wilson said that a quorum was present, and that he would prefer to see the issue resolved prior to meeting with the Board of Selectmen later in the evening. Mr. Wilson made a motion to reconsider the Planning Board’s recommendation, made on February 2, 2004, with regard to Annual Town Meeting article #28 (amending ZBL, Section 603.5).
Ms. Scieszka said that Mr. Wadsworth would be returning to the meeting in ten minutes, and requested that the matter be tabled until that time. It was agreed to do so.
CONTINUED PUBLIC HEARING FOR 2004 ANNUAL TOWN MEETING ARTICLE: ASSOCIATE PLANNING BOARD MEMBER(S)
No members of the general public were present.
Mr. Donahue recalled that Ms. Ruth Rowley had raised concerns about whether associate members could be added without amending the zoning bylaw. Mr. Donahue reported that Duxbury Town Counsel’s memo of 2/9/04 says that since the bylaw does not call out the number of Planning Board members, that a bylaw change is not necessary. However, Mr. Donahue said that a second memo from Town Counsel, dated 2/10/04, outlines the procedure for selecting associate members, and does seem to recommend a bylaw change.
(Mr. Wadsworth returned to the meeting at this point.)
Ms. Stickney said that she had not been successful in reaching Town Counsel about the relationship between the two memos. However, she said that in previous conversation, she did obtain Town Counsel’s opinion that the bylaw changes recommended in the second memo could be created through the motions at Town Meeting. She also said she will need guidance from Town Counsel about exactly where, in the Bylaw, that the language should appear.
Mr. Donahue gave his opinion that the Board is in favor of moving forward with establishing associate members. The specific form that the process takes is less important. He said he is in favor of recommending approval of the Town Meeting article, and letting Town Counsel clarify the exact necessary language.
Mr. Wilson made a motion, to close the public hearing. Mr. Wadsworth provided a second for the motion, which carried unanimously (5-0).
Mr. Wilson made a motion to recommend approval of 2004 Annual Town Meeting Article #25, relative to the appointing of Associate Members for the Planning Board. Mr. Kimball provided a second for the motion, which carried unanimously.
OTHER BUSINESS (CONT.)
Gravel/Paved Parking: Mr. Donahue returned to the discussion on paved parking, and re-capped the prior discussion for Mr. Wadsworth.
Mr. Wadsworth said that he would like to bring the issue before the Board of Selectmen for their vote. He said that the issue has been around for a long time. He said that there are economics involved, where land has better and higher value if developed commercially (rather than as residential property). He said that the development community has had ample opportunity to make changes to the bylaw with regard to site coverage, but has not yet done so. He said that the business community could have suggested eliminating parking from site coverage calculations.
The Ellison Center was discussed. Mr. Donahue said that the gravel parking is in very poor shape.
Ms. Scieszka agreed with Mr. Wadsworth, that it would be worthwhile to listen to what opponents of the bylaw change have to say, before considering an indefinite postponement.
By consensus, it was agreed to table the discussion.
Consultant Invoice: Mr. Wilson made a motion to pay the Invoice #10217 from Amory Engineers (for Whitepine Lane). Mr. Wadsworth provided a second for the motion, which carried unanimously (5-0).
Minutes: Mr. Wilson made a motion to accept the minutes of February 9, 2004 as written. Mr. Wadsworth provided a second for the motion, which carried by a vote of 4 in favor, none opposed, and one abstention (Ms. Scieszka).
Brewster Commons: Ms. Stickney provided a memorandum to the Board, dated 2/18/04, containing her initial review of the proposal. Mr. Donahue said that the application materials are primarily conceptual. More specifics are needed. Mr. Donahue also noted that Ms. Stickney’s concerns are echoed in the memorandum by the Town’s consultant (Mainstream Engineering), dated 2/20/04.
Mr. Donahue recommended that the Planning Board forward Ms. Stickney’s memorandum to the Zoning Board of Appeals, with a request for more detailed application materials. By consensus, it was agreed to do so.
Hillside Lane: Ms. Stickney informed the Board that Washington Street Realty Trust has filed an ANR plan and a Definitive Subdivision plan for the Phalen property on North Street.
Annual Town Meeting: It was agreed that the Planning Board would post a meeting immediately prior to the commencement of the Annual Town Meeting, as well as during the lunch break of the meeting.
ADJOURNMENT
The meeting was adjourned at 9:25 PM. (Board members joined the Board of Selectmen meeting, already in progress.) The next meeting of the Duxbury Planning Board will be held on Monday, March 1, 2004 in the Duxbury Town Offices.
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