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 3/22/04
The Planning Board met in the Town Office Building Monday, March 22, 2004.
Present: Peter Donahue, Chairman; Amy MacNab, Clerk; Aboud Al-Zaim, Angela Scieszka (for part of the meeting), George Wadsworth and Rob Wilson.
Absent: James Kimball.
Staff: Christine Stickney, Planning Director and Barbara Ripley, Administrative Assistant.
The meeting was called to order at 7:35 PM. At the time the meeting was called to order, Mr. Donahue, Mr. Al-Zaim, Mr. Wadsworth, and Mr. Wilson were present.
OPEN FORUM
Postponed until later in the evening.
Ms. MacNab arrived at this point.
ANR PLAN OF LAND: SEGALLA/Crescent Street
Mr. and Mrs. Segalla were present. Ms. Stickney explained that the Segallas have agreed to an equal swap with their neighbor. The Segallas need the swap in order to meet setback requirements for a garage that they would like to build. The plan shows no change in frontage.
Mr. Al-Zaim said that this should not be an ANR application because it does not meet the criteria for an ANR.
Mr. Donahue explained that there is no mechanism in Massachusetts General Law for land swaps, except for the subdivision process which is very expensive. He said that the Planning Board did allow applicants to use the ANR process for land swaps for a long time. It was felt that this did not create any planning problems, in part because no new lots were created. However, Duxbury Town Counsel has recently given the opinion that ANR plans should not be endorsed unless 200 feet of frontage is shown for each lot.
Ms. Scieszka arrived at this time.
Ms. MacNab noted that the proposed configuration of lots includes a triangle that may or may not have to be excluded from lot area calculations. Ms. Stickney and Mr. Donahue checked the dimensions and determined that the triangle would not have to be excluded from lot area calculations.
Mr. Donahue explained to the applicant that both lots are currently nonconforming with regard to lot area and frontage. The lots have grand-fathered status, because they existed prior to the current zoning requirements. He said that there is a school of thought which maintains that if the lot lines are changed at all, that the lots lose their grand-fathered status. Ms. MacNab said that she would feel more comfortable endorsing the plan if the zoning deficiencies of the lots are noted on the plan.
Mr. Wilson made a motion to endorse the plan as not requiring approval under Subdivision Control Law, under the condition that language is added to the plan noting the inadequacy of the lots with regard to frontage and area. Ms. MacNab provided a second for the motion.
Under discussion of the motion, Mr. Al-Zaim inquired about the mechanism through which the language would be added. It was agreed that Ms. Stickney would provide the suggested language to the applicant, who would forward it to his engineer. Then, if the change is made, the Planning Board would sign the plan at their next meeting on March 29, 2004.
The vote was unanimous in favor of the motion (6:0). The applicant and the Board signed a mutual extension form to extend the deadline for endorsing the plan to March 31, 2004 at 4pm.
Ms. Scieszka left the meeting at this point, and did not return.
PUBLIC HEARING: DEFINITIVE PLAN OF LAND FOR HILLSIDE LANE/Off North Street
The applicant is 123 Washington Street Realty Trust. Mr. Kevin Sealund, Trustee, was present. The applicant’s engineer, Richard Grady of Grady Consulting, LLC, was also present. Ten members of the public were present.
The public hearing was opened at 8:00 PM. The Chairman read the public hearing notice into the record. The Chairman noted the following correspondence for the record:
Letter from Grady Consulting, LLC, requesting two waivers from the Town of Duxbury Rules and Regulations Governing the Subdivision of Land, dated February 12, 2004.
Development Review Team Minutes of March 12, 2004.
Letter from the Duxbury Town Historian, dated March 15, 2004, approving the street name, “Hillside Lane”.
Review by Amory Engineers, P.C., dated March 15, 2004.
Planning Director Memorandum dated March 18, 2004.
Report from the Director of Lands and Natural Resources, dated 2/26/04.
Mr. Grady presented the proposal to the Board. He explained that the 22.25 acres proposed for development are primarily in the PD 1 District (Planned Development). There is a small portion in the Residential Compatibility District. The property is also in the Aquifer Protection Overlay District. A “minor” street (as described in the Subdivision Rules and Regulations) is planned to access the three buildable lots. Mr. Grady noted that two additional lots would take their access from the roadway. These lots were created through an ANR plan (endorsed by the Planning Board on 3/1/04). The pavement will be eighteen feet wide.
Mr. Grady explained that a shared driveway currently provides access for the two existing homes on the property. The new roadway has been designed to follow the lines of this driveway. The existing driveway has a grade of 10%. Subdivision Rules and Regulations only allow a grade of 6%. Mr. Grady explained that he would be addressing this issue later in the meeting.
Mr. Grady said that site distances on North Street to the proposed subdivision entrance are 300 feet.
Mr. Grady said that stormwater runoff currently flows in two directions. Some of the runoff flows in a southerly direction over the approximate center of the proposed subdivision road. Additional runoff flows toward North Street. Catch basins and infiltration systems are planned in two locations to address the runoff. It is expected that post-development conditions will mimic pre-development conditions.
Mr. Grady said that there is no Town water currently available to the site. Private wells will be required. The Fire Chief has requested that each home have a residential sprinkler system.
Mr. Grady noted that the applicant is requesting two waivers to the Subdivision Rules and Regulations. The first waiver request is to Section 7.3.6(a) Grades. This section limits grades of all streets to be no more than 6%. The applicant requests that the Board grant this waiver to allow a maximum grade of 10%. Mr. Grady reported that the applicant could comply with the six percent requirement. However, compliance would lead to cuts of 16 feet in some areas. Mr. Grady said that, after discussions with the Fire Chief and with the Town’s engineering consultant, the applicant proposes to change the road profile somewhat from the original plans. This will allow for a longer reverse grade entryway, and it will result in a 10% grade for only 150 feet.
(Mr. Wadsworth left the meeting at this point, in order to represent the Community Preservation Committee at the Board of Selectmen meeting.)
The second waiver request is for Section 7.3.6(b). This section requires a vertical curve for any change in street grade, and requires that sag curves have a minimum K value of 40. The applicant requests that the Board allow a K value of 4.17 at the intersection of the proposed subdivision road and North Street.
Mr. Grady noted that the applicant may request a third waiver. The Subdivision Rules and Regulations require that the 50-foot vegetated buffer around drainage structures be entirely located on the drainage lot. The applicant would like to have a restrictive easement on the abutting lot. Mr. Grady said that the applicant could comply with the regulation by moving the drainage lot westward. However, this would require cutting into a hill, and substantial tree-cutting.
Ms. MacNab said that she would like to see nitrogen calculations since the proposed project is located within the APOD. Mr. Grady said that he could easily provide generic nitrogen loading information. However, he questioned the need for detailed studies given the very low density of the project. Ms. MacNab also mentioned that there are new regulations regarding lot clearing. Mr. Sealund said that he would be certain to study those regulations.
The Planning Director’s memorandum of March 18, 2004 was reviewed. Ms. Stickney has recommended that the Board requests input from the Fire, Police, and DPW departments about the waivers for road grading and K-value.
Mr. Donahue interjected that permanent slope easements will be required since Hillside Lane is intended to become a public way. Mr. Donahue also said that the portion of the driveways that fall within the right-of-way should be included in the approval process. Ms. MacNab said that this should be shown on the plans. Mr. Sealund said that he will construct the driveways if the Board feels this is best.
The radius at the southerly corner of the new roadway as it intersects with North Street was discussed. It was decided that another waiver to the Subdivision Rules and Regulations will be required. Mr. Donahue said that this should not be an issue.
It was agreed that on Sheet 5 of 7, that the title of the roadway section should be changed from “local” street to “minor” street.
Fire Chief William Harriman joined the meeting at this point. He said that the applicant has agreed to provide for residential sprinkler systems in each home. The Chief said that he is willing to compromise on the 6% grade requirement if the Planning Board is willing to do so. He agreed that there will be a negative environmental impact if the hill is cut away.
Mr. Sealund added that he had asked the Town of Marshfield about supplying water to the development, and the answer was no.
The review from Amory Engineering was discussed. It was noted that there is a private well 80-feet from the proposed Infiltration System #1.
Comments from the Public
Karen McHugh (19 North Street): Ms. McHugh said that power outages are very common in that area. She said that the residential sprinkler systems will not work without power. Chief Harriman acknowledged that this is a problem. However, he said that it still an added protection to have the sprinkler systems in place for the majority of times when the electricity is working. Ms. McHugh also asked what the street light would look like at the intersection. Mr. Sealund replied that it would look like the one at the entrance to Hemlock Woods, another subdivision off North Street.
Rose Mallard (Wilmington, MA, co-owner of lot 010-055-000): Ms. Mallard asked how she will get to her land. Planning Board members responded that her land is currently landlocked. It will still be landlocked with the new subdivision. The Planning Board cannot require Mr. Sealund to provide access for her.
Mr. Gary Smith and Ms. Pamela Kirby (35 North Street): Mr. Smith and Ms. Kirby inquired about the physical appearance of the Infiltration System #1, since it will be directly across the street from his lot. Mr. Sealund replied that it would be attractively landscaped. Mr. Smith and Ms. Kirby asked if they could be informed about the schedule of construction, so they can plan for the safety of their two children. Mr. Sealund offered to keep in touch with them. Mr. Smith and Ms. Kirby noted their concern about potential damage to landscaping they have recently completed on their lot. Mr. Donahue said that Mr. Sealund has an excellent reputation in the community, and that they could count on having good communication with him. He added that problems could be reported to the Planning
Office. Mr. Sealund also said that he would probably provide a police detail during the paving process.
Ms. MacNab noted that she hoped that deed restrictions would be put on the three building lots to prevent further subdivision. Mr. Sealund indicated that this would occur.
Mr. Al-Zaim noted that he will want to be clear about the benefit to the Town of granting any waivers.
Ms. MacNab made a motion to continue the public hearing to April 26, 2004 at 8:00 PM. Mr. Wilson provided a second for the motion, which carried unanimously (4-0). A mutual extension form was signed by the Board and the applicant, allowing the continuance of the public hearing for the purposes of additional review. It was agreed that the submission deadline for revised application materials will be April 12, 2004.
COMMENTS FROM CHIEF HARRIMAN RE: PETER DONAHUE
Chief Harriman, noting that the term of office for Chairman Peter Donahue expires at the end of this meeting, praised Mr. Donahue for his service to the Town of Duxbury. He added that Mr. Donahue has always been concerned with public safety issues in his role with the Planning Board, and that this has been deeply appreciated.
OTHER BUSINESS
Subdivision Updates: Ms. Stickney provided the Board with a sample of a letter she has been sending to developers with unfinished subdivisions, and with the response from one of those developers (Mr. Sealund). This is part of an effort to keep on top of existing work. Board members expressed appreciation for the effort.
(Mr. Wadsworth returned to the meeting at this point.)
Invoice for Engineering Review: Mr. Wilson made a motion to pay the Invoice #2692 from Amory Engineers, P.C. for review of the proposed Hillside Lane subdivision. Ms. MacNab provided a second for the motion, which carried unanimously (5:0).
Minutes: Ms. MacNab made a motion to accept the minutes of March 8, 2004 as written. Mr. Wilson provided a second for the motion, which carried unanimously (5:0).
Traffic Study in Marshfield: Ms. Stickney provided a memorandum to the Board about a traffic study planned to help address issues with Route 139 traffic congestion. $100,000 was appropriated by the Marshfield Town Meeting for the study. One suggestion which may be studied is a potential Route 3 interchange at North Street in Duxbury. Board members asked staff to send a memorandum to the Marshfield Planning Board, requesting to be kept informed, and to have the opportunity to comment at the appropriate time. Mr. Wilson asked that the information be passed along to the Board of Selectmen.
OPEN FORUM
Mr. Al-Zaim, Ms. MacNab, Mr. Wadsworth and Mr. Wilson expressed their appreciation for Mr. Donahue’s nine years of service on the Duxbury Planning Board. Mr. Donahue’s engineering expertise, his championship of the Comprehensive Plan, and his work to establish positive relationships with other Boards were among the specific accomplishments noted.
ADJOURNMENT
The meeting was adjourned at 10:00 PM. The next meeting of the Duxbury Planning Board will be held on Monday, March 29, 2004 at 7:30 PM in the Duxbury Town Offices.
| 
