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.
Town of Duxbury
Massachusetts
Planning Board
Minutes 09/19/05
The Planning Board met in the Town Office Building, Monday, September 19, 2005.
Present: Amy MacNab, Chair; George Wadsworth, Vice-Chairman; Angela Scieszka, Clerk; Aboud Al-Zaim and James Kimball
Absent: John Bear, Robert Wilson, and Associate Members Doug Carver and Harold Moody
Staff: Christine Stickney, Planning Director; and Diane Grant, Administrative Assistant
The meeting was called to order at 7:32 PM.
OPEN FORUM
Government Study Committee: Mr. Wadsworth reported on his involvement on a three-person sub-committee that examined whether town committees and boards should be elected or appointed. The sub-committee has presented a memo to the Government Study Committee with a 2-1 approval recommending that the Planning Board should be appointed and not elected. Mr. Wadsworth expressed his disagreement with this stance and stated that he doesn’t believe the entire Government Study Committee would go along with it, either. Mr. Al-Zaim questioned whether an elected Planning Board is a statutory requirement and Mr. Wadsworth replied that in some communities the Planning Board is not elected. Further, Mr. Wadsworth reminded the Board that Town Meeting had debated this particular topic before and voted that the Planning
Board should not be appointed. Ms. MacNab asked Mr. Wadsworth to keep the Board informed of any further updates.
Freeman Farms: Mr. Wadsworth reported that Director of Public Works Tom Daley has advised him that any approach stone walls should be located outside of public ways.
UPDATE ON DEER RUN SUBDIVISION/AS-BUILT PROCESS:
Ms. Stickney reviewed the status of this project with an October 1, 2005 deadline and referred the Board to Mr. Walter Amory’s notes. She reported on her findings at the site and noted additional work is needed. She informed the Board that the developer, JVO Corporation, will attend the September 26th Board meeting.
OTHER BUSINESS
Because it was not yet eight o’clock, the Board agreed to address Other Business until it was time for the Public Hearing.
Meeting Minutes:
MOTION: Mr. Wadsworth moved to accept the 06/06/05 Board meeting minutes, with a second by Mr. Al-Zaim. The vote passed unanimously (5:0).
MOTION: Mr. Wadsworth moved to accept the 06/27/05 Board meeting minutes as amended, with a second by Mr. Al-Zaim. The vote passed unanimously (5:0).
MOTION: Mr. Wadsworth moved to accept the 08/22/05 Board meeting minutes, with a second by Mr. Al-Zaim. The vote passed 4-0, with an abstention from Ms. Scieszka.
Literature Review
The Board reviewed the following materials:
§ “How Dense Can You Get?” from August 2005 Governing Magazine.
§ “Bransford, et al. v. Zoning Board of Appeals of Edgartown” from August 30, 2005 Massachusetts Lawyers Weekly.
Town Manager Selection Committee Public Forum: Ms. MacNab reminded the Board of this upcoming meeting on Thursday, September 22, 2005 at the Senior Center. Ms. Stickney advised the Board that if they are unable to attend they can submit comments to the Town Manager’s office by email.
Low Impact Development Workshop: Ms. MacNab advised the Board of this workshop to be presented by the North and South Rivers Watershed Association on September 22-23, 2005 at Kingston Town Hall.
CONTINUED PUBLIC HEARING/DEFINITIVE PLAN FOR INGALL’S GROVE/OFF BAY ROAD (DENYER – APPLICANT):
Present: Mr. Steven Denyer, property owner
Mr. Chris Gallagher, applicants’ engineer
Mr. & Mrs. Glenn Brodie of 331 Bay Road
Mr. David Blanchard of 22 Wadsworth Road
Ms. Scieszka referenced new correspondence entered into the file for the public hearing record:
Revised plans submitted on 9/7/05
Letter from C. Gallagher to BI dated 8/22/05 re: zoning issue
Letter from K. Pillsbury dated 8/29/05 re: ok w/ Ingalls Grove
Letter from C. Gallagher dated 9/2/05 re: waiver request
Memo from Mainstream Eng. dated 9/9/05 re: Peer review
Memo from R. MacDonald dated 9/15/05 re: zoning opinion
Ms. MacNab asked Ms. Stickney for an overview of the current status, and Ms. Stickney reported three non-engineering issues:
1. Abutters’ notice of rights across the Denyer property to Duxbury Bay - She advised that this is a private issue, and that a similar issue occurred further down Bay Road was resolved in land court.
2. Cabana - This zoning issue is addressed in a letter from Building Inspector Richard MacDonald.
3. Water pressure issues and fire flow – Both have been deemed adequate with Fire Department and Water Department, respectively.
Ms. MacNab invited Mr. Gallagher to present the applicant’s current status. He displayed a revised site plan and submitted a revised waiver list and a letter from the Duxbury Fire Department for the Board’s review.
Mr. Gallagher pointed out that a 12-inch cedar tree will need to be removed. He noted that utilities such as water and gas lines had been added to the plans. He also noted that the radii at the hammerhead of the road have been increased to a 35 foot radius.
The Board reviewed with Mr. Sexton his September 9, 2005 memo with the following highlights:
§ Minor changes to the site plan per Mr. Sexton’s comments regarding title page, perimeter lot lines and line of sight triangle calculations
§ Installation of utilities outside of the layout on the new lot (water and gas)
§ Removal and replacement of trees both on Bay Road and within the new subdivision
§ Buffering, selective tree cutting, and limit of Conservation Commission jurisdiction
§ Line of sight calculation and site improvements are needed
§ Storm management issues: erosion control, nitrogen loading, Operation and Maintenance plan
§ Elimination of the need for a street light to be installed
§ Creation of a Homeowner’s Association for maintenance of the private road.
Mr. Gallagher agreed to accomplish the following before the next hearing:
§ Modify sheets to include title sheet info, appropriate professional stamps, utilities outside of the layout on individual lot via note that all services should be within the confines of the lot
§ Revised waiver list (reduction of waivers needed)
§ Submission of an Environmental Impact Assessment
§ Provide CAD calculations on the closure formula for lot perimeter
§ Adjustment of the turning truck templates within the dog leg
§ Modify the plan relative to ASHTO calculation re: sight line & 35mph
§ Submission of an erosion sediment plan
§ Submission of operation and maintenance plan
§ Submission of homeowner’s association or similar entity for private road
§ Discussion with the Conservation Agent re: maximum lawn area
§ A written letter from Water Superintendent that the project is acceptable.
There was significant discussion on whether or not a cabana on the property is a dwelling. Ms. MacNab referred to Mr. Gallagher’s August 22, 2005 letter to Building Inspector Richard McDonald requesting Mr. MacDonald’s opinion on the Board’s earlier ruling that it cannot approve a plan showing two dwellings on one lot and that one of the dwellings may need to be razed. She noted that the owner, Mr. Denyer, had referred to it as a residence at a previous Board meeting. She expressed that the Board does not wish to create a zoning violation by approving a property that includes two dwellings. She proposed that the Board consider a condition to its approval that the cabana is not a dwelling nor shall it be used as a dwelling.
Mr. Wadsworth referred to Zoning Bylaw definitions of “dwelling” and “dwelling unit” and noted that Building Inspector Richard MacDonald does not feel that the cabana fits the definition of a dwelling. Ms. Stickney raised concerns that the Board should be addressing only the subdivision conditions and not zoning conditions. She advised the Board that they may be risking an appeal.
Mr. Al-Zaim expressed his opinion that the Board cannot accept a two-lot subdivision with three dwellings on it. He stated that the only condition he might be willing to accept is a statement on the plan that it is not nor shall be a dwelling.
Mr. Sexton advised that the cabana may not need to be razed, that it could be moved or attached to a dwelling. Mr. Gallagher expressed his opinion that he does not see a zoning violation. Mr. Al-Zaim replied that because he is applying for a subdivision, he would need to follow subdivision regulations.
Ms. MacNab asked for public comments. Mr. Glenn Brodie of 331 Bay Road expressed his concern about the cabana as a dwelling unit. He stated that he has witnessed people living there for at least the past nine to ten years. Ms. MacNab referred Mr. Brodie to town bylaws to clarify the definition of a dwelling. She further advised the public that any resident can appeal a Building Inspector’s determination. She then closed the topic for discussion.
Mr. David Blanchard of 22 Wadsworth Road related his issue of whether his abutter’s rights to cross over the property were valid. He stated that the issue has been referred to an attorney but is not resolved yet. Mr. Wadsworth advised that if there is an easement being planned, every abutter would be notified and would need to approve it.
Ms. MacNab raised the issue of a proposed streetlight and asked for public comment, but there was no response. Ms. MacNab expressed that she does not feel that a street light is necessary, and Mr. Wadsworth agreed.
Ms. MacNab noted that Ms. Katherine Pillsbury of the Duxbury Rural and Historical Society was pleased with the proposed street name, Ingall’s Grove. The Board expressed their approval, as well. Ms. MacNab asked Ms. Stickney if she would begin draft conditions for the next meeting.
The Board discussed how they could pursue this zoning issue with Mr. MacDonald, and if he should be asked to attend the next Board meeting. Ms. Stickney advised that any discussion on the project should be done at a public hearing, for the record. Eventually it was agreed that Ms. MacNab would discuss the issue with Mr. MacDonald in general terms.
MOTION: Ms. Scieszka made a motion to continue the public hearing for the definitive subdivision plan for Ingall’s Grove/Off Bay Road to October 24, 2005 at 8:30 PM, with plans due to the Planning Office no later than October 7, 2005, and a new Act On date of November 30, 2005. Mr. Wadsworth provided a second for the motion, which carried unanimously (5:0).
A mutual extension form was signed.
CONTINUED PUBLIC HEARING/DEFINITIVE PLAN CEDAR TREE FARM/OFF CONGRESS STREET (ANDRESEN)
MOTION: Mr. Wadsworth made a motion to continue the public hearing on the definitive plan for Cedar Tree Farm/Off Congress Street until October 24, 2005 at 8:00 PM, with a decision deadline of November 8, 2005. Ms. Scieszka provided a second for the motion, which carried unanimously (5:0).
ZBA REFERRAL/REQUEST FOR RECOMMENDATIONS:
Special Permit – Sun Tavern (Dubco Realty Trust)
Present for the discussion were owner/applicant, Mr. Kevin Dubois; his representative, Attorney Brian Cook; and resident Ms. Elizabeth Sullivan. Mr. Cook presented architectural drawings depicting a proposed modernization and renovation of this business property, featuring a re-orientation of access to the facility and the addition of a new antique-replica barn. Mr. Cook explained that the Sun Tavern had operated as a restaurant for over 70 years in an area that is zoned residential. The original building is over 220 years old, with substantial space and maintenance issues. Atty. Cook proposed to upgrade the septic, plumbing and kitchen as part of this project. He stated that their goal was to expand the building and resolve current building code issues.
Atty. Cook presented photographs of the current, unlandscaped parking lot and noted that it has drainage issues and that headlights of departing cars reflect directly onto neighbors’ residences. He stated that he would like to re-orient access to include a landscaped parking lot that would be screened from the neighborhood with landscaping.
Atty. Cook noted that the property was nearly 6 acres in size, and existing buildings cover five percent of the property. The current square footage of buildings is 5,800, and an additional 1,600 square feet of dining capacity is proposed.
Ms. Scieszka asked how much larger the parking lot would be, and Atty. Cook responded that it would accommodate 35 more parking spaces. Ms. Scieszka asked if staff size would increase, and Mr. Dubois replied that he did not anticipate a major difference in staffing requirements. Ms. Scieszka questioned what would happen to the second floor of the existing building, and Atty. Cook replied that it would most likely be turned into storage and/or offices.
Atty. Cook presented an elevation drawing of the proposed new structure, and explained that it is basically a one-story building with a cathedral ceiling. Mr. Dubois added that the dining capacity would change from 148 to 210. Mr. Kimball asked if the deck on the property would be used for seasonal dining, and Mr. Dubois responded that they had no plans for that.
Mr. Al-Zaim asked for a clarification of the number of new dining rooms proposed, and Mr. Dubois responded that they would be expanding from five dining rooms to six.
The Board suggested that future plans delineate the current building and parking lot more clearly. Mr. Wadsworth asked if a traffic study had been performed, and Atty. Cook replied that the study had been done by Vanesse-Hangen-Brustlin and will be submitted. He added that their representative plans to attend a future Board meeting.
Atty. Cook then submitted a September 19, 2005 letter from McKenzie Engineers. Ms. MacNab asked if the applicants had submitted a septic plan. Mr. Wadsworth expressed concern for the wetlands abutting the property.
MOTION: Ms. Scieszka made a motion, and Mr. Al-Zaim amended the motion to state that the Board sees no Planning issues with the proposed use, with an understanding that the applicant will need to appear before the Board at a later date for an Administrative Site Plan Review. Mr. Wadsworth provided a second for the motion, which passed unanimously (5:0).
OTHER BUSINESS (continued)
Webster Point Settlement Agreement:
Ms. MacNab noted that the settlement agreement has been continued to October 27, 2005, so that the Board has plenty of time to review the plans. Ms. Stickney stated that she would put the item on a future Board agenda and then send a memo to the Zoning Board of Appeals to inform them of the Board’s concerns.
Merry Village:
Ms. MacNab noted that the Board has not had time to adequately review the plans, and requested Ms. Stickney to send a memo to the Zoning Board of Appeals.
Escrow Return:
MOTION: Ms. Scieszka made a motion to return all remaining escrow funds to the applicant for the Brook Road subdivision. Mr. Wadsworth provided a second to the motion, which passed unanimously (5:0).
MOTION: Ms. Scieszka made a motion to return all remaining escrow funds to the applicant for the Battelle office building expansion. Mr. Wadsworth provided a second to the motion, which passed unanimously (5:0).
Payment of Invoices:
MOTION: Ms. Scieszka made a motion to approve payment for the following Amory invoices:
§ Invoice#10943A for services related to Hillside Lane in the amount of $1,485.50
§ Invoice #10943B for services related to Wamsutta/Cedar Tree Farm Lane in the amount of $343.75
§ Invoice #10943C for services related to Deer Run in the amount of $699.59
§ Invoice #10943D for services related to 104 Tremont/DEESUL in the amount of $468.75.
Mr. Wadsworth provided a second for the motion, which passed unanimously (5:0).
Citizen Planner Training Collaborative: Ms. Stickney reminded Board members about its fall workshop schedule.
ADJOURNMENT
MOTION: Mr. Wadsworth made a motion to adjourn. Ms. Scieszka provided a second, and the motion passed unanimously (5:0).
The Planning Board meeting was adjourned at 10:40 PM. The next meeting of the Duxbury Planning Board will be held on Monday, September 26, 2005 at 7:30 PM in the Duxbury Town Offices.
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