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 10/03/05
(Approved 10/17/05)
The Planning Board met in the Town Office Building, Monday, October 3, 2005.
Present: Amy MacNab, Chair; George Wadsworth, Vice-Chairman; Aboud Al-Zaim; John Bear; Robert Wilson. Also present was Associate Member Douglas Carver (arrived at 7:55 PM).
Absent: Angela Scieszka, Clerk; and James Kimball. Also absent was Associate Member Harold Moody.
Staff: Christine Stickney, Planning Director; and Diane Grant, Administrative Assistant
The meeting was called to order at 7:32 PM.
OPEN FORUM
Mr. Bear asked if there was any legislation for Annual Town Meeting, and Ms. MacNab responded that, as of now, only the Zoning map.
REQUEST FOR MODIFICATION/HILLSIDE LANE (SEALUND)
Developer Mr. Kevin Sealund, and an abutter, Ms. Kerry Smith of 35 North Street, were present for the discussion. Mr. Sealund presented his request that the requirement of a street light at the intersection of Hillside and North Street be removed from project restrictions. Mr. Sealund referred to a letter Ms. Smith had written to the Board petitioning them to consider that the street light would be shining directly onto her property. Mr. Bear advised Mr. Sealund that per bylaws, safety reasons take priority over abutters’ preferences.
Mr. Wilson questioned whether the road is on a curve or incline, and Mr. Sealund responded that there is a curve to the west but the roadway is flat and there is limited traffic flow at that area. He continued that the light would serve three new lots plus two existing residences. Ms. MacNab added that it is a low density traffic area that is dark and quiet.
Mr. Al-Zaim reminded the Board that including a street light was the Board’s intent when they originally approved the plan, and stated his opinion that there is a benefit to having a street light to ward off potential vandalism.
Ms. Smith spoke reiterating her concern that the street light would interfere with the rural character of her property. She said that the darkness at night is no problem and that she is not aware of any accident or emergency caused by it. She also questioned why a street light was proposed for this intersection only and not consistently along North Street. Ms. MacNab reminded Ms. Smith that the Board needs to consider the best interests of the Town of Duxbury and that the primary issue was safety. Mr. Wadsworth questioned if there might be any school bus issues with an unlighted intersection, but the Board agreed there would be no cause for concern.
MOTION: Mr. Wilson made a motion to allow removal of a street light from the conditions of the existing Definitive Subdivision Plan for Hillside (Off North Street), Plan Number 1791 dated June 21, 2004. Mr. Bear provided a second.
DISCUSSION: Ms. MacNab noted that this requirement was not a condition of approval. Ms. Stickney replied that this is a minor modification. Mr. Wadsworth stated that reference should be made to a plan number and date.
VOTE: The vote passed (4:1), with Mr. Al-Zaim against.
At this point, Mr. Sealund and Ms. Smith departed the meeting.
DISCUSSION: DUXBURY BAY MARITIME/NED LAWSON
Mr. Lawson appeared at the Board’s request to discuss traffic issues during summer sessions at the Duxbury Bay Maritime School (DBMS) off Washington Street. Ms. Stickney said that the initiative for this discussion came from an Economic Advisory Committee meeting last spring with business and property owners who had concerns about traffic jams at drop-off and pick-up times for summer children’s classes. Ms. Stickney reported that she and Interim Town Manager Mr. Richard MacDonald had gone to a site visit in August, and that at that time there appeard to be more problems with delivery trucks interfering with traffic flow than residents dropping off children.
Ms. MacNab noted that Mr. Lawson would be reviewing the proposed new building at DBMS at a future Administrative Site Plan Review, and Mr. Lawson responded that he is not sure the project will require an ASPR because their building plans have been revised to construct on the same footprint as the original metal shed. He added that he nevertheless would be happy to report informally to keep communication flowing.
Mr. Lawson then showed the Board the 2002 site plan in order to illustrate the traffic issues. He reported that the 2005 summer session traffic flow was much better than 2004, when there were issues with road work on Washington Street. He told the Board the traffic issues arise mainly when high tide is mid-day, which causes pick-up from early classes to coincide with drop-off from afternoon classes.
Mr. Wilson asked about the time frame for the new construction, and Mr. Lawson responded that the earliest construction would begin is the fall of 2007. He reported that the children’s sailing programs are currently at capacity, and that any potential growth areas for the DBMS would be for off-season or weekend programs that will not generate traffic issues. He stated that the Police Department assured him that they would be willing to handle issues with delivery trucks obstructing traffic flow, but that he does not believe that a police detail is necessary to improve traffic control. He said that DBMS staff is effective at keeping traffic moving along.
Discussion continued around opening the Town Pier parking lot to DBMS traffic to ease congestion, but it was agreed that if might cause issues for the Town Pier. Ms. Stickney pointed out areas on-site at DBMS that could be cleared to made additional space for traffic flow, and Mr. Lawson agreed. Mr. Wadsworth suggested a shuttle service from the school, but Mr. Lawson objected to the cost of carrying out such a proposal and was concerned about liability issues.
Ms. Stickney confirmed that at her August site visit, traffic was moving better than the previous summer. She noted that there is ample space on site that could be cleared to provide more space for a traffic queue. Mr. Lawson advised the Board that the DBMS is working to reacquire a lease from a tenant on the property, Snug Harbor Boat Works, which would allow more space for better traffic flow. He stated that the DBMS would try to revise their plans to include an additional traffic lane. He assured the Board that he would remain in communication with Ms. Stickney on future building plans.
Ms. MacNab thanked Mr. Lawson for his time. He then departed the meeting.
FREEMAN FARMS STATUS UPDATE
The Board had requested that the applicant, Mr. Brad Cushing, appear to discuss completion of this subdivision as it has surpassed its eight-year anniversary. The Planning Board had originally approved the 17-lot subdivision in 1996, which was subsequently appealed by the applicant. Ms. Stickney informed the Board that Mr. Cushing had cancelled his appearance tonight, and reported that he and his attorney had a difference of opinion with the Board on their timeline, due to appeals that delayed the project.
Mr. Wilson asked if the eight-year anniversary was April 2005, and Ms. Stickney confirmed that it was. Ms. MacNab noted that this is an unusually long build out, and that it would benefit the Town to be informed of Mr. Cushing’s plans for completion. Ms. Stickney added that the staff is attempting to update the status on other subdivisions as well.
Mr. Al-Zaim noted that developers currently do not have the benefit of an extended build out period. Ms. MacNab confirmed that there is currently a two-year time limit. Ms. Stickney reminded the Board that Town Counsel Attorney Robert Troy had requested that the Board notify the Building Inspector that the subdivision had surpassed its eight-year time limit. Ms. MacNab expressed the Board’s interest in working with Mr. Cushing to determine a plan for completing construction.
DISCUSSION WITH MEMBERS OF THE HISTORICAL COMMISSION
The Board had invited members of the Commission to attend in order to discuss issues surrounding McMansions, tear downs and possible zoning controls. Ms. Stickney reported that due to a scheduling conflict, they were unable to attend tonight and requested that they be put on the October 17, 2005 agenda.
PLANNING BOARD WORK SESSION
Review and Approval of Annual Report
Ms. MacNab reported that due to the sudden illness of Ms. Scieszka’s father, Ms. Scieszka was unable to present an Annual Report for the Board’s review tonight. Ms. MacNab said that staff would work on drafting an annual report this week. Ms. Stickney advised that she would like to email the annual report draft to Board members for their review and approval. She also requested to take a photograph of the Board after tonight’s meeting to include in the Annual Report.
Discussion in Anticipation of Annual Town Meeting
Housing Article – Ms. Stickney reported the Local Housing Partnership will be requesting funding from the Community Preservation Committee (CPC) to fund a Housing Coordinator’s position for one year.
Planning Board Article – Ms. MacNab asked if the new Floodplain map would be ready for Town Meeting, and Ms. Stickney replied that there is a problem getting the FEMA maps, but that she hopes to include an updated Floodplain layer and a new base parcel map for all sheets. She also hopes to present a revised Zoning map that would include the Waterfront Scenic Area that had been approved at 2004 Annual Town Meeting. Ms. Stickney advised that no new appropriations will be required to complete the map work.
OTHER BUSINESS
Vote to Release of Song Sparrow Escrow Funds:
Ms. Stickney explained that these escrow funds would be for engineering review and not rolled into the construction phase as usual, because the owner is planning to sell this subdivision off of North Street. Mr. Wilson noted that the construction had not been completed. Mr. Al-Zaim suggested that the escrow funds be included as an asset when the property is sold. Ms. Stickney reported that the Board has a recorded covenant. Ms. MacNab noted that in the interim the Board may be faced with a need to review the plan. Ms. Stickney advised the Board of the Subdivision Rules and Regulations that state that if a subdivision is sold, the new owner has responsibility to replenish any engineering funds. Members reviewed the language in the Subdivision Rules and Regulations section and concluded that not until the subdivision is
sold can the Board release these funds. Ms. MacNab concluded, and the Board concurred, that upon transfer of ownership the Board would agree to release funds to the current owner.
Minutes from September 26, 2005 PB Meeting:
Ms. MacNab requested that staff revise these meeting minutes with clarifications and edits that she provided.
OPEN FORUM
Mr. Wadsworth reported that his work on a sub-committee with the Town Government Study Committee continues to progress. Options regarding Planning Board include:
§ Should the Planning Board be appointed or elected?
§ Should the Planning Board be reduced from seven to five members?
§ Should no action be taken regarding the Planning Board?
Mr. Wilson asked what the basis for any changes would be, and Mr. Wadsworth replied that some individuals felt that the Board was headed in a different direction than the Town.
Mr. Al-Zaim stated that he sees merit in reducing the Board to five members, because having seven members may tax Town volunteer resources. Ms. MacNab expressed that the Board is currently running successfully with seven elected members, and she sees no need for revision. Mr. Wadsworth reported that the sub-committee would be doing research to characterize the Planning Boards of 32 towns in Massachusetts that are comparable to Duxbury.
ADJOURNMENT
MOTION: Mr. Bear made a motion to adjourn. Mr. Wilson provided a second, and the motion passed unanimously (5:0).
The Planning Board meeting was adjourned at 8:55 PM. The next meeting of the Duxbury Planning Board will be held on Monday, October 17, 2005 at 7:30 PM in the Duxbury Town Offices.
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