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, January 3, 2005.
Present: George Wadsworth, Chairman; Amy MacNab, Vice-Chairman; Aboud Al-Zaim, John Bear, and James Kimball. Also present was Associate Member Harold Moody (non-voting.)
Absent: Angela Scieszka, Clerk; and Rob Wilson.
Staff: Christine Stickney, Planning Director and Barbara Ripley, Administrative Assistant.
The meeting was called to order at 7:34 PM.
OPEN FORUM
Town Hall Staff: Ms. Stickney announced that the Administrative Assistant to the Town Manager/Board of Selectmen has left to take a different job. Planning Board members should be award that the Town Manager/BOS office will be short-staffed until she is replaced.
ANR PLAN OF LAND: HERITAGE LANE/ Desmarais
Ms. Stickney explained that the proposal is to add an existing vacant parcel (150-040-003) currently owned by the Kennedys to the existing lot (150-840-101) owned by Mr. and Mrs. Desmarais. The Kennedy parcel exists as a separate non-conforming parcel today, and once added to the Desmarais lot, will add area and frontage to their lot along Heritage Lane. She further explained that the lot and parcel are zoned Residential Compatibility and lie within the Aquifer Protection Overlay District (APOD). She has asked the surveyor to add the APOD designation to the plan, which he has.
Ms. MacNab said that she wondered if there had been a reason, during original subdivision approval of Heritage Lane, for maintaining the separate nonconforming parcel currently owned by the Kennedys. Ms. Stickney said that she looked at the original plan and the deed, and could find no condition that this parcel remain separate.
MOTION: Ms. MacNab made a motion to endorse the ANR plan of land entitled, “Plan of Land in Duxbury, MA prepared for Pamela Desmarais”, dated December 9, 2004 and stamped by Joseph E. Webby, Jr. (RPLS), as not requiring approval under Subdivision Control Law. Mr. Bear provided a second for the motion, which carried unanimously (5-0).
OTHER BUSINESS
Enterprise Park/Marshfield: Ms. Stickney reported that the Planning Office requested a copy of the full Environmental Notification Form for Enterprise Park because of its proximity to the Duxbury town line. Examination of the ENF revealed that the portions of the project which are currently proposed will not impact Duxbury. However, staff continues to monitor development within this area of Marshfield to address any potential connections or impacts to properties in the Northern section of Duxbury. Mr. Al-Zaim noted that he will not be participating in any discussions regarding the Enterprise Park development because his firm, Rizzo Associates, is the designing engineer for the project.
Minutes:
MOTION: Ms. MacNab made a motion to accept the minutes of 12/13/04 as written. Mr. Al-Zaim provided a second for the motion, which carried unanimously (4-0).
Island Creek Village: The Board was provided with a letter from Mass Housing, dated 11/22/04, to the owner of Keith Properties, expressing a favorable opinion of the proposed expansion of Island Creek Village and a commitment to working with Keith properties on the proposal. The Board was also provided with a letter from Keith Properties to the Chairman of the Duxbury Board of Selectmen, requesting formal support of the Selectmen for the Local Initiative Program development of Island Creek Village III. Ms. Stickney explained that, during the appeal process for the original Island Creek Village, a restriction against further development of the site had been made. However, it is unclear as to whether this restriction was ever recorded. This is currently under investigation. If it was not
recorded, a Memorandum of Understanding by the Board of Selectmen may be sufficient to lift the restriction. If it was recorded, action by the Zoning Board of Appeals may be required.
Local Housing Partnership: The Board was provided with minutes from the LHP meeting of 11/18/04. Ms. Stickney noted that the LHP will be making a presentation to the Planning Board next week about the proposed amendment to the Zoning Bylaw regarding accessory apartments. This bylaw change is being jointly sponsored by the LHP and the Board of Selectmen. Ms. MacNab expressed concern that while the LHP and BOS may be meeting minimum notification requirements for the Annual Town Meeting, that such a major bylaw change should be given much more time for review by people of the Town.
CONTINUED PUBLIC MEETING: ADMINISTRATIVE SITE PLAN REVIEW/ S. R. Periwinkle Trust---Bayside Marine
Present for the applicant were:
Mr. Jackson S. Kent, applicant
Mr. George Morgan, Construction Consultant
Mr. Larry Poulus, ASEC Corp., applicant’s engineer
Present for the Town was:
Mr. Thomas Sexton, Mainstream Engineering, Consulting Engineer
Ms. MacNab read the correspondence list into the record:
· Mutual extension form signed 11/29/04 extending public meeting to 1/3/05
· Minutes from 11/29/04 PB public meeting
· Form 11 – Soil Evaluator Form – data of 2 deep hole observation done 11/23/04 – witnessed by Mainstream engineering
· Memo from mainstream engineering dated 12/2/04 to ZBA, PB, CC re: revised plans dated 11/30/04.
· Email from Mainstream Engineering dated 12/6/04 re: meeting with applicant, water department and fire department – additional thoughts.
· Memo to J. Lampert dated 12/8/04 re: transmittal of 11/29/04 PB minutes to ZBA per their request.
· 8 x 11 sketch of signs at Bayside Marine from Sign-a-Rama
· Letter from Dufresne-Henry dated 12/16/04 re: Hydraulic Analysis for Bayside Marine.
· Order of Conditions issued 12/20/04 by the Conservation Commission
· Fax transmittal to Mainstream Engineering dated 12/23/04 – of Dufresne-Henry Hydraulic Analysis.
· Draft Administrative Site Plan Review conditions – dated 12/27/04
· Memo from Mainstream Engineering dated 12/28/04 to ZBA, PB, ConCom re: revised plans dated 12/14/04.
· Two letters from Attorney Colpoys regarding ownership of Way A-1, dated 8/2/04
Ms. Stickney said that she received a verbal report from Fire Chief Nord that all of his concerns have been addressed.
Mr. Kent summarized the revisions to the plans:
1) Page C3: Coverage ratios have been shown.
2) The racks have been modified to allow for the proper turning radius for fire apparatus.
3) Page C4: There is now an 8” water line to the waterfront.
4) Page C4: There is now 110% containment.
5) Page C5: There has been a reconfiguration of the swale for drainage. The width has been increased, not the depth. Board members and the applicant discussed how the swale will work.
6) Page C6: Site mirrors have been added for pedestrian and vehicle safety. There is now a loading zone at the brick building.
Mr. Kimball said that, while he understands that the fire apparatus will fit around the curve, that he is concerned about two-way vehicular traffic. Mr. Kimball also said that while 69 spaces have been provided, that 81 are needed by his calculation. Mr. Kent responded that he is confident that he is providing enough parking for his customers. Mr. Kimball noted that the angle of parking by the proposed showroom appears incorrect. Mr. Kent acknowledged that this is an error, and will be corrected on the plans.
Ms. MacNab and Mr. Al-Zaim asked about the process of combining adjoining lots under common ownership. Ms. Stickney explained the agreement (to be written into the site plan approval conditions) that the applicant shall petition Land Court within one month of the Planning Board’s Site Plan approval and the process shall be completed within two years from that time. While the owner may obtain Certificates of Occupancy within that time, no As-Built Approval Certificate can be issued until the Land Court process has been completed. Mr. Moody explained that the owner should be motivated to comply with this condition because there will be a cloud on the title until he does.
Ms. MacNab asked about the two stand-alone lots (761-115 and 762-116----former Sheehan property) and whether they meet parking requirements under the zoning bylaw. Ms. Stickney replied that they do.
Mr. Sexton was asked to review his peer review memorandum of 12/28/04 regarding outstanding items.
Page 3, Item 9: It was agreed that the final plans will reflect the requirement that sidewalk width be reduced to the minimum required.
Page 3, Item 12-15: Mr. Kent was asked to add landscaping details to the plan. Fencing detail will be provided. Sign details will be shown on the plan.
Page 4, Item 19: Mr. Sexton noted that excessive overflow of the southerly “boat-storage swale” could hinder access to the restroom/retail building. Mr. Kent said that this is not a problem, because those facilities will not be used during inclement weather.
Page 5, Item 25: The applicant’s engineer agreed to move the walkway near the restrooms, or to have the restroom doors open inward in order to avoid hitting pedestrians with the restroom doors.
Page 7, Item 8: Stormwater Management Forms and revised drainage calculations are under the purview of the Conservation Commission. The Conservation Commission has issued an Order of Conditions.
Page 10, Item 24: Mr. Sexton feels that the swales serving the gravel-surface, easterly turn-around area should have one-inch volume capacity. Currently, one half-inch is provided. It was agreed to make this a condition of site plan approval.
Page 11, Item 27(d): It was agreed that oil absorbent blankets will be kept near the swales to trap potential motor boat fuel spills.
Page 12, Sewer System, Item 1: It was agreed that the sewer main and associated easement should be shown according to record/field information.
Page 13, Item 5(a): It was agreed that Ms. Stickney would draft a condition requiring the applicant to show the final location of all proposed site utilities including all piping associated with the waste water recycling system running from the different buildings to the recycling chamber on the final As-Built plan. It was also agreed that Ms. Stickney would check with the Building Inspector to make sure that there is not a jurisdictional issue with another department that would result from including this condition.
MOTION: Mr. Al-Zaim made a motion to issue Administrative Site Plan approval for the application of Jackson S. Kent, President, Bayside Marine Corporation, for 441 and 433 Washington Street, subject to the conditions outlined by Ms. Stickney in her draft of 12/27/04 and as amended at tonight’s meeting. Mr. Bear provided a second for the motion, which carried unanimously (5-0).
CONTINUED PUBLIC HEARING/ 2-LOT SUBDIVISION OFF HIGH STREET/Teravainen
Ms. Stickney said that the applicant had requested additional time for plan revision, and had signed a mutual extension form.
MOTION: Ms. MacNab made a motion to continue the public hearing for the two-lot subdivision off High Street proposed by George and Nancy Teravainen to January 24, 2005 at 9:00 PM, with revised plans and documentation due to the Planning Office by January 10, 2005, and with a continuation of the decision deadline date to February 24, 2005. Mr. Kimball provided a second for the motion, which carried unanimously (5-0).
ANR PLAN OF LAND: FOREST STREET/Kent Estate
Present for the applicant were:
Steven Gioiosa, SITEC, applicant’s engineer
Jay Woodruff, applicant’s representative
Also present were approximately ten residents of the North Duxbury Resident’s Association
Mr. Gioiosa explained that the applicant proposes to divide an existing 10.4-acre lot into two buildable lots with a remaining land parcel in the rear. Filed concurrently with the ANR plan is a two-lot Definitive Plan for the rear land parcel, which has a scheduled public hearing for January 31, 2004.
Mr. Gioiosa further noted that the applicant, after consultation with the neighbors, has agreed to provide a 50-foot “no activity zone” around the entire perimeter of the property.
Examination of the plans revealed an error in the frontage calculations shown. It was agreed that Lots A & B are sufficiently created with the required frontage and lot area, but that the numbers on the plan are incorrect.
Board members agreed that the “no activity zone” must be defined, and this definition should be shown on the plan, so that homeowners have specific guidelines.
MOTION: Ms. MacNab made a motion to endorse the plan entitled, “Approval Not Required Plan of Land in Duxbury, MA prepared for the Clarence E. Kent Estate, Peter C. Kent, Administrator”, dated 12/1/04, as not requiring approval under Subdivision Control Law, conditioned upon corrections made to the frontage calculations for Lot B. Mr. Al-Zaim provided a second for the motion, which carried unanimously (5-0).
OTHER BUSINESS (CONT.)
Consultant Invoices:
MOTION: Ms. MacNab made a motion to pay Amory Engineering invoices #10603A for $1,230.00 (104 Tremont Street) and #10603B for $390.00 (Hillside Lane). Mr. Kimball provided a second for the motion, which carried unanimously (5-0).
Flood Insurance Rate Maps: Ms. Stickney reported that a Duxbury resident has filed an appeal to the proposed revised FIRM maps. This may delay adoption of the new maps, which had been planned for the 2005 Annual Town Meeting. FEMA is looking into the issue at this time. More information should be available soon.
Affordable Housing Trust: Ms. Stickney reported on progress toward establishing an Affordable Housing Trust fund. The 2004 Annual Town Meeting voted to authorize the Board of Selectmen to petition the General Court to establish such a fund. However, in the meantime, both houses of the Massachusetts legislature have passed a bill allowing for this type of fund in any Town which adopts the provision at Town Meeting. Ms. Stickney will pursue getting this on the agenda for the Special Town Meeting in March, if possible. It will also be necessary to determine whether such a provision can only be adopted during an Annual Town meeting.
Engineering Review Escrow Accounts for Site Plan Review: Board members agreed that funds from these accounts could be used to pay for water analyses if needed for site plan review. This has already been allowed for definitive subdivisions.
Stormwater Management Workshops: Mr. Wadsworth reported that there will be a series of workshops in various towns to introduce the proposed Stormwater Management bylaw being developed by Planning and Conservation professionals on the South Shore. The Duxbury workshop will be held on January 25, 2005.
ADJOURNMENT
The meeting was adjourned at 9:58 PM. The next meeting of the Duxbury Planning Board will be held on Monday, January 10, 2005 at 7:30 PM.
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