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 8/9/04
The Planning Board met in the Town Office Building Monday, August 9, 2004.
Present: George Wadsworth, Chairman; Amy MacNab, Vice-Chairman, James Kimball and Rob Wilson.
Absent: Angela Scieszka, Clerk; Aboud Al-Zaim, and John Bear.
Staff: Christine Stickney, Planning Director and Barbara Ripley, Administrative Assistant.
The meeting was called to order at 7:30 PM.
OPEN FORUM
Washington Street Traffic: Ms. MacNab said that the traffic congestion on Washington Street (Snug Harbor area) is increasingly problematic. Patrons of Washington Street shops have enormous difficulty maneuvering around cars lined up for pick-up/drop-off for the Maritime School programs. One solution would involve diverting traffic through Mattakeeset Court, although several objections have been raised to this. Ms. MacNab said that it would be appropriate for the Planning Board to take a look at this problem. The Board may have an opportunity when Bayside Marine comes before the Board for their new proposal. Ms. Stickney said that she would bring this before the Development Review Team for suggestions.
Planning Director Evaluation: It was agreed that Planning Board members would submit their evaluations to Mr. Wadsworth prior to the next Planning Board meeting.
Freeman Farms: Ms. Stickney said that she declined to endorse a building permit application for a home in this subdivision because part of the septic system is designed to be in the slope easement. This also occurred with the Deer Run subdivision, but the developer agreed to move it. The Planning Director, the Building Inspector and the Board of Health agent all agree that nothing should be in the slope easement. However, the Rules and Regulations are silent on the issue. Ms. Stickney suggested that the Board review the Rules and Regulations for several issues that have arisen, including this one (perhaps at the end of September). Mr. Wadsworth suggested that the language should say that the standards in place at the time of the building permit application must be adhered to. This allows the DPW and Planning Board to refine restrictions and standards over time. Ms. MacNab was in favor of explicitly prohibiting structures of any type within slope easements, either above or
below ground.
PLANNING BOARD DISCUSSION: WHITE PINE LANE
Dr. Lonigro was present. Ms. Stickney explained that the homeowners’ escrow account has been established with checks from the developers. She noted that the Town’s consulting engineer has recommended that the Planning Board hold $1,150 for completion of remaining work (memorandum dated 6/17/04). This includes holding money for additional seeding if necessary, and holding money for capping the CATV conduits. Ms. MacNab said that she is disappointed in how this subdivision looks. She would like to see more attention to landscaping and aesthetic details in the future.
MOTION: Mr. Wilson made a motion to reduce the performance bond for Whitepine Lane from its existing amount to $1,150. Ms. MacNab provided a second for the motion, which carried unanimously (4-0).
PUBLIC HEARING: PROPOSED TWO-LOT SUBDIVISION OFF HIGH STREET/ “T-FARM ESTATES”
Ms. MacNab, acting as Clerk in Ms. Scieszka’s absence, read the public hearing notice into the record. She also read the correspondence list:
· Application and plan submission
· Copy of the public hearing notice
· Memo to Mainstream Engineering dated 6/22/04 re: peer
review
· Memo from P. Buttkus dated 6/25/04 re: non-applicability of scenic road and shade tree act.
· DRT Minutes of 7/15/04
· Memo from BOH agent dated 7/18/04 re: conditional approval
· Memo from K. Pillsbury (Town Historian) dated 7/27/04 re: concerns with proposed street name.
· Memo from Mainstream Engineering dated 8/5/04 re: peer
Review
· Memo from B. Ripley, dated 7/19/04 re: incorrect parcel number
Present for the applicant were:
James Pye, attorney
Mr. and Mrs. Teravainen
Steve Gatowski, Webby Engineering
Present for the Town was:
Tom Sexton, Mainstream Engineering
Mr. Steve Gatowski described the plan. The applicants would like to split their existing 7-acre parcel into two lots, in order to provide a house lot for their son. The existing home shall remain, but the garage will be razed. The roadway will be an extension of an existing driveway, and will be a 300-foot dead-end road with a hammerhead turnaround. Two catch basins are planned which will feed into a manhole, and then into a drainage basin. Mr. Gatowski said that the Town’s consulting engineer noted numerous problems with the drainage system design. Mr. Gatowski said that, prior to addressing those problems, he would like to get the Board’s opinion on whether a gravel road with “country drainage” would be permitted. This would be in keeping with the character
of the area, and would eliminate many of the problems with the drainage. Mr. Gatowski also noted that there are currently utility buildings within the cul-de-sac, which will have to be removed. Mr. Gatowski said that it appears that there is public water in the area, but the Duxbury water department (in transition with a new superintendent) was unclear as to the size of the water main and other details. Finally, he said that perc tests showed six-feet of separation to groundwater for the proposed building lot.
Ms. MacNab said that she would prefer to see a gravel road. However, she said that if the Planning Board waived its Rules and Regulations with regard to a paved roadway, that the applicant would have to agree to no further subdivision of the property. The applicants indicated that they would agree with this.
Ms. MacNab asked Mr. Sexton about why he suggested limiting lawn size on the building lots. Mr. Sexton said that runoff will flow toward the wetlands. It is best to minimize fertilizer near those areas. The applicants said they are agreeable to restricting the size of their lawns.
The applicant also agreed to the Fire Chief’s preference (as outlined in the Development Review Team minutes) for the placement of a fire hydrant at the entrance to the roadway.
Mr. Wadsworth called attention to the Rules & Regulations requirement that drainage structures be on separate parcels. Mr. Gatowski said that with the gravel road, a drainage basin may not be necessary. He said that the drainage could consist of a swale along the roadway. Mr. Wadsworth explained that swales can get filled in over time, and there is also a problem with freezing in the winter. Therefore, some kind of drainage structure may still be necessary. He also said that the gravel will become impervious over time, so there will still be runoff.
Mr. Sexton said that it may not be possible to meet lot shape requirements and still have a separate drainage lot. This will have to be examined.
Ms. MacNab asked how narrow the Board would be willing to go for the gravel roadway. Mr. Wadsworth indicated that 14-feet would be a minimum in order to allow for fire apparatus.
Ms. MacNab said that she is against the name, “Woodchuck Road”. This is because there is currently a business on the property named, “Woodchuck Industries”. She said that the Board is not in the practice of naming roadways after businesses. The applicant agreed to consider other names.
Mr. Wilson pointed out that a homeowners’ association will be necessary for maintenance of the roadway and drainage apparatus. Mr. Pye was asked to draw up language for this and for a restrictive covenant (restricting further development).
Mr. Dennis Murphy (abutter-290 High Street) said that he is in favor of the subdivision. He said that Mr. Teravainen has been in the existing house for eighty years. Mr. Murphy would like to see the Board do anything they can to help keep the land with the family.
Mr. Sexton suggested that the applicant file with the Conservation Commission, due to wetlands on the property. Mr. Gatowski questioned the necessity of this, since all the work is planned outside the buffer zone. Ms. MacNab said that since the Conservation agent has said that the applicant needs to file with the Commission (as reported in the DRT minutes), that the applicant should do so.
MOTION: Ms. MacNab made a motion to continue the public hearing to September 27, 2004 at 8:00 PM, with the applicant having all revised plans and documents to the Planning Office by September 13, 2004. Mr. Wilson provided a second for the motion, which carried unanimously (4-0).
OTHER BUSINESS
New Legislation – M.G.L. 40R (Smart Growth): A brief from MAPC was provided to the Board giving a synopsis of the new law. Ms. Stickney is still researching its potential impact on Duxbury. Ms. MacNab and Ms. Stickney have reservations about the new law.
Invoice:
MOTION: Mr. Wilson made a motion to pay Mainstream Engineering Invoice #20423 for consulting services relevant to T-Farm Estates. Ms. MacNab provided a second for the motion, which carried unanimously (4-0).
Commonwealth Capital Application: Ms. Stickney announced that the Planning Department completed this application last week. The Commonwealth Capital program is an initiative of the Romney administration which rewards communities who have met certain planning criteria. The rewards include favored status for self-help grant applications. It was also necessary to have this application completed in order to apply for an agricultural preservation restriction for the O’Neil Farm.
Duxbury Crossing: The Planning Board agreed to forward the Planning Director’s memorandum of July 21, 2004 to the Zoning Board of Appeals. This memorandum emphasizes that the plans, as submitted, are insufficient. Mr. Wadsworth suggested that the Planning Board also issue a reminder of its position relative to the project and the Aquifer Protection Overlay District. Finally, Ms. Stickney agreed to check with the Town Manager about whether he has forwarded information to the State about the applicant’s inappropriate behavior toward Town staff.
ADJOURNMENT
The meeting was adjourned at 9:25 PM. The next meeting of the Duxbury Planning Board will be on Monday, August 23, 2004 at 7:30 PM in the Duxbury Town Offices.
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