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 05/23/05
The Planning Board met in the Town Office Building Monday, May 23, 2005.
Present: Amy MacNab,Chairman; George Wadsworth, Vice-Chairman; Angela Scieszka, Clerk; Aboud Al-Zaim, John Bear, and Rob Wilson. Also present was Associate Member Harold Moody (non-voting.)
Absent: James Kimball.
Staff: Christine Stickney, Planning Director and Barbara Ripley, Administrative Assistant.
The meeting was called to order at 7:35 PM.
OPEN FORUM
Assessor Information: Mr. Wadsworth reported on some research he has been doing on Assessing Data. He found that 120 dwellings in Duxbury have two kitchens. He also found that 122 lots have two dwellings; many of these are on Powder Point.
Staff:
MOTION: Mr. Wilson made a motion to congratulate Barbara Ripley on her promotion to Executive Assistant to the Town Manager. Mr. Bear provided a second for the motion, which carried unanimously (6:0).
Ms. Ripley thanked the Board. Cake and coffee were served.
SPECIAL PERMIT RECOMMENDATION: COOK/ CEDAR LANE: Request for Reconsideration
Mr. and Mrs. Thomas and Patricia Cook were present. The applicants’ architect, Mr. Steven Forniciari, was also present. Mrs. Cook explained that they were unavailable to attend the meeting where the matter was originally considered, and asked for re-consideration. Mr. Forniciari explained that the existing building coverage on the lot is 16.67%, and that the proposed building coverage is 17.8%. However, the applicant’s engineer has not yet provided a site plan showing the proposed coverage. Planning Board members explained that this is an essential part of the application. They declined to reconsider their recommendation, but suggested that they obtain the appropriate site plan before their meeting with the Zoning Board of Appeals.
CONTINUED PUBLIC HEARING: DEFINITIVE SUBDIVISION PLAN: DUXBURY BAY CRANBERRIES R.T./ Off Congress Street
The applicant requested in writing that the hearing be continued. The applicant’s engineer was unable to submit plans in time, due to illness in his family.
MOTION: Mr. Wilson made a motion to continue the public hearing for the definitive subdivision plan for Duxbury Bay Cranberries R.T. to June 13, 2005 at 7:45 PM, with plans due to the Planning Office no later than May 31, 2005. Mr. Wadsworth provided a second for the motion, which carried unanimously (6:0).
A mutual extension form was signed.
ANR PLAN OF LAND: DELOID/ Laurel Street
Mr. Al-Zaim recused himself from all discussions and votes on the matter, since he lives directly across the street from the subject property.
Mr. and Mrs. Deloid were present. Mr. Shawn Dahlen was also present.
Planning Board members agreed that the plan met the requirements of an ANR plan. However, there was some objection to the Record Notes.
MOTION: Ms. Scieszka made a motion to endorse the ANR Plan of Land in Duxbury, MA, Prepared for John P. & Carolyn Deloid by Webby Engineering Associates, and dated April 21, 2005, as not requiring approval under Subdivision Control Law, subject to changing Note #5 to show the lot area requirements for the Aquifer Protection Zone, and subject to changing Note #7 to say, “Lot Does Lie Within the Aquifer Protection Zone.” Mr. Wadsworth provided a second for the motion, which carried unanimously (5:0).
CONTINUED PUBLIC HEARING: DEFINITIVE SUBDIVISION PLAN OFF HIGH STREET/ TERAVAINEN
Present for the Applicant were:
Mr. Steven Kotowski, Webby Engineering, Inc.
Mrs. George Teravainen
Mrs. Charles Teravainen
Present for the Town was:
Mr. Tom Sexton, Mainstream Engineering, Inc.
Ms. Scieszka read the correspondence list into the record:
· Mutual Extension form signed 4/11/05
· PB Minutes of 4/11/05
· Email from Paul Anderson (Water Sup.) dated 4/12/05 re: water issues
· Email to Jim Pye from C. Stickney dated 4/20/05 re: need legal items
· Letter from Neil Johnson (abutter) re: property line
· Mutual Extension form signed 5/9/05
· Letter from Mainstream Engineering dated 5/13/05 re: Peer review
· Email to Jim Pye dated 5/17/05 re: DPW’s required easement language
· Draft Conditions dated 5/23/05
Outstanding items from the consultant’s review were discussed:
1) It was agreed to make riprap specifications a condition of approval.
2) It was agreed to make the provision of test pit data prior to the start of work a condition of approval.
3) It was agreed that concerns about roof drywell design be addressed through a memorandum to the Building Inspector.
4) Ms. Stickney is working with the applicant’s attorney to finalize language on the drainage easement document.
5) It was agreed that Ms. Stickney would verify with the Board of Health that there are no existing private wells within 150 feet of the development.
6) It was agreed that a vegetation maintenance plan would be made part of the conditions of approval.
Ms. Stickney said that she is working with Town Counsel and the DPW Director to verify appropriate language for the Homeowners’ Association, Declaration of Protective Covenants, Stormwater Easement, and Sight Easements. She is confident that all issues can be resolved. The approval will condition recording of these documents.
Mr. Sexton reported that he viewed the telephone pole on High Street, adjacent to the proposed roadway. He said that it is far enough away that it does not cause a safety problem.
In response to a letter from an abutter to the property, Mr. Neil Johnson (261 High Street), the property lines have been staked out to avoid confusion during the construction process.
Votes were taken on the waivers to the Subdivision Rules and Regulations which were requested by the applicants:
1. MOTION: Mr. Wadsworth made a motion to approve a waiver, granting relief from Section 5.3.2.2.1a and Section 12 which requires that all conditions within the entire parcel be shown. Mr. Wilson provided a second for the motion, which carried unanimously (6:0).
2. It was agreed that the waiver from Appendix A/ Section 1.0 was no longer needed.
3. MOTION: Mr. Wilson made a motion to grant relief from Section 7.3/Appendix A section 1.5 & D-figure 4 requiring a paved surface for the roadway. Mr. Wadsworth provided a second for the motion, which carried unanimously (6:0).
4. MOTION: Mr. Wadsworth made a motion to grant relief from Section 11.0, requiring deciduous street trees, in favor of evergreen plantings. Ms. Scieszka provided a second for the motion, which carried unanimously (6:0).
The draft conditions of approval were reviewed.
MOTION: Mr. Al-Zaim made a motion to add two new conditions to the decision: 1) That no stumps are buried under the roadway; and 2) That test pit data is provided prior to the start of construction. Mr. Wilson provided a second for the motion, which carried unanimously (6:0).
Close public hearing:
MOTION: Mr. Wilson made a motion to close the public hearing for the subdivision off High Street proposed by Mr. and Mrs. George Teravainen. Ms. Scieszka provided a second for the motion, which carried unanimously (6:0).
Vote:
MOTION: Mr. Wilson made a motion to approve the two-lot subdivision at 279 High Street, as shown on plans dated 5/23/05, subject to the recording of a Planning Board Covenant, a Homeowners’ Association document, and Easements, and subject to the conditions approved by the Planning Board on 5/23/05. Mr. Wadsworth provided a second for the motion, which carried unanimously (6:0).
WORK SESSION: REVIEW AND DISCUSSION OF PROPOSED REQUEST FOR QUALIFICATIONS—ENGINEERING SERVICES
Ms. Stickney has prepared a draft RFQ. Mr. Al-Zaim has reviewed and made some changes. Mr. Wadsworth suggested that more attention be paid in the document to water issues. Mr. Al-Zaim and Ms. Stickney agreed to do this. Mr. Moody suggested that required levels of insurance for the engineers be increased. Ms. Stickney agreed to check with other Towns to see what their limits are. Ms. MacNab suggested that something be added to restrict the engineers from representing developers if they are acting as consultants for the Town. It was agreed that Planning Board members would read the document again for a final review at a future meeting.
OTHER BUSINESS
Snug Harbor Boatworks Escrow Account: Ms. Ripley provided the Board with a memo stating that all bills have been paid, and recommending that the account be closed.
MOTION: Mr. Wadsworth made a motion to close the engineering review escrow account for Snug Harbor Boatworks. Ms. Scieszka provided a second for the motion, which carried unanimously (6:0).
Engineering Invoices:
MOTION: Mr. Wilson made a motion to pay Amory Engineering Invoice #10775A ($585.00) for Duxbury Bay Cranberries R.T. Ms. Scieszka provided a second for the motion, which carried unanimously (6:0).
MOTION: Mr. Wadsworth made a motion to pay Amory Engineering invoice #10775B ($120.00) for Deer Run. Mr. Wilson provided a second for the motion, which carried unanimously (6:0).
Minutes:
MOTION: Mr. Wadsworth made a motion to accept the minutes of 5/9/05 as written. Mr. Al-Zaim provided a second for the motion, which carried unanimously (6:0).
Correspondence: Bill Campbell (60 Humphrey’s Lane)* wrote a letter to several Town Boards, criticizing a lack of response to the Keith Properties proposal for additional affordable housing at Island Creek. Members agreed that Ms. Stickney should draft a response on behalf of the Planning Board listing the Board’s accomplishments with regard to affordable housing, and stating that the Island Creek proposal has not come before the Planning Board for consideration.
*Mr. Campbell is Chairman of the Local Housing Partnership, but stated that he wrote the letter as a private citizen.
Vision 2020: Ms. Scieszka said that there is money available from the Metropolitan Area Planning Commission (leftover from the Vision 2020 program) to do a downtown area study in Duxbury. She recommended that the Town take advantage of this program. Several members were skeptical, stating that the Town could then be required to propose changes to their downtown area, which may or may not fit in with the Town. However, Ms. Stickney and Ms. Scieszka assured the group that there are no requirements to adopt suggestions from the study.
ADJOURNMENT
The Planning Board meeting was adjourned at 10:42 PM. The next meeting of the Duxbury Planning Board will be held on Monday, June 6, 2005 at 7:30 PM in the Duxbury Town Offices.
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