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 06/13/05
The Planning Board met in the Town Office Building, Monday, June 13, 2005.
Present: Amy MacNab, Chairman; George Wadsworth, Vice-Chairman; Angela Scieszka, Clerk; Aboud Al-Zaim and John Bear.
Absent: Robert Wilson, James Kimball & Harold Moody (associate member)
Staff: Christine Stickney, Planning Director
The meeting was called to order at 7:35 PM.
OPEN FORUM
Boston Globe Articles: Mr. Wadsworth reported reading two interesting articles last week relative to teardowns and open space cluster developments. He suggested members may want to also read.
Housing Plan: Ms. MacNab asked if we have heard anything from Judi Barrett as to the progress of the certified housing plan – Christine will email her this week to check on the status.
Office Staff: Ms. Stickney reported that she has a short-term temp helping out until 7/1/05. The position has been advertised in the Clipper and the Patriot Ledger – to date about 5 resumes have been sent to the office.
APPROVAL NOT REQUIRED (ANR) PLAN: DESMARAIS
OFF TREMONT ST. & HERITAGE LANE.
The applicant Ms. Pamela Desmarais was present at the meeting. The Planning Board reviewed the plan. Ms. MacNab questioned the lot in relation to the previous ANR endorsed by the Planning Board a few months back. Ms. Stickney directed the members to her memo that provided staff’s review as to the zoning and frontage. Mr. Wadsworth
questioned the sheds and Ms. Desmarais answered they are going to be removed shortly and that the plan is labeled as such. Mr. Wadsworth would like the Building Department to be aware of the demolition of these structures.
MOTION: Ms. Scieszka made a motion to endorse the ANR Plan of Land in Duxbury, MA, Prepared for Pamela Desmarais by Webby Engineering Associates, and dated March 25, 2005, as not requiring approval under Subdivision Control Law, Mr. Bear provided a second for the motion, which carried unanimously (5:0).
CONTINUED PUBLIC HEARING: DEFINITIVE SUBDIVISION PLAN: CEDAR FARM LANE/ DUXBURY BAY CRANBERRIES R.T. / Off Congress Street
The applicant signed a mutual extension form requesting that the hearing be continued due to the lack of revised plans available for submission.
MOTION: Mr. Wadsworth made a motion to continue the public hearing for the definitive subdivision plan for Duxbury Bay Cranberries R.T. to July 11, 2005 at 7:45 PM, with plans due to the Planning Office no later than June 27, 2005. Ms. Scieszka provided a second for the motion, which carried unanimously (5:0).
Members questioned the act on date. Ms. Stickney answered July 21, 2005.
A mutual extension form was signed.
AS-BUILT APPROVAL AND RELEASE OF SURETY: Brook Road definitive plan Chafik Hamadeh
Mr. Chafik Hamadeh, the applicant and developer of the project was present at the meeting. Members reviewed a prior report from Mainstream Engineering dated 1/28/05 in which items were identified as missing. Merrill Associates have revised the plan and addressed through correspondence received 5/12/05 those items of concern. Ms. Stickney reported that she and Tom Sexton from Mainstream Engineering walked the site earlier in the day and found the majority of items to be in order. A copy of an email received 6/13/05 from Tom Sexton was provided to the members that highlighted three minor issues in need of attention by the applicant. They included monumentation certification from the surveyor, replacement of two trees and an annual stormwater management Operation and Maintenance report.
Mr. Hamadeh was agreeable to have those items addressed. Ms. Stickney suggests that the Planning Board could vote a conditional release of funds that once verified by staff as to the completion of those items then the surety would be released. Members were agreeable to a conditional release.
MOTION: Mr. Wadsworth made a motion to approve the as-built plans submitted by Merrill Engineering for Brook Road, Ms. Scieszka provided a second for the motion, which carried unanimously (5:0).
Ms. Stickney noted to the members that Brook Road will remain a private way. There are no layout plans in need of acceptance. The As-Built mylars are provided to the DPW for retention in their files of streets.
MOTION: Mr. Wadsworth made a motion to release the remaining balance of the performance guarantee account subject to the receipt of surveyor’s certification of the street monuments, replacement of two dead trees and the submission of the O & M annual report, Mr. Al-Zaim provided a second to the motion, for discussion:
Mr. Al-Zaim felt a partial amount of the surety should be retained in case the certification showed something different from the As-Built plans. Ms. Stickney pointed out that the bounds have been physically located on the ground per the plan and appear accurate and that the certification was more an issue of a language.
On the MOTION: which carried unanimously (5:0).
SPECIAL PERMIT RECOMMENDATION: 77 DEPOT STREET (SINNOT)
Members reviewed the materials submitted by the ZBA. The applicants are seeking a special permit to add a dormer to the existing structure and a screened porch on the side. The lot and structure are non-conforming and require ZBA approval to proceed.
Ms. Stickney provided a memo dated 6/10/05.
Mr. Wadsworth pointed out that the since the property is located within the Aquifer Protection Overlay District (APOD) that the provisions of Zoning Bylaw Section 406.6 item #12 pertains to the proposal and the increase of impervious site coverage. He noted that when the Town amended the Zoning Bylaws in 2003 they accepted the provisions of the State’s CMRs directly into the local zoning. Under this section, a 15% impervious site coverage requirement must be adhered to when considering expansion. He pointed out that with out the proposed or existing coverage it can not be determined if it meets the bylaw. Mr. Al-Zaim agreed and suggested until the applicant should show all pertinent surfaces (building coverage, walkways, driveways etc). The Planning Board should note the deficiencies of
the site plan and consider recommending denial due to lack of sufficient information on the plan.
Ms. MacNab pointed out the Planning Board’s recommendation needs to be very clear and explain why this recommendation is different than others given in the past. She was concerned the Zoning Board may not pick up on this issue of the APOD.
MOTION: Mr. Al-Zaim made a motion to recommend DENIAL of 77 Depot Street ZBA application with the following statement; that this application is within the Aquifer Protection Overlay District our Zoning Bylaws section 406.6 #29 requires 15% SITE coverage (emphasis to underline site) the submitted site plan does not show all the site features/site calculation of site coverage. In addition, noting the difference of building and site coverage with referenced Zoning Bylaw sections, Ms. Scieszka provided a second to the motion which carried unanimously (5:0).
OTHER BUSINESS
Members were reminded of the Economic Advisory Committee meeting on 6/14/05 for the Grand Union and Hall’s corner discussion.
The T-Farms mylars were endorsed by the Planning Board. The decision was filed on 6/9/05 with the Town Clerk.
Mr. Al-Zaim raised the issue of reviewing engineers using the appropriate Subdivision Rules and Regulations. Mr. Al-Zaim is concerned time could be incurred at the client’s expense for our engineering review. Ms. Stickney pointed out that now in our current decisions we note the rules and regulations that are applicable to the project so there is no question.
ADJOURNMENT
The Planning Board meeting was adjourned at 8:25 PM. The next meeting of the Duxbury Planning Board will be held on Monday, June 20, 2005 at 7:30 PM in the Duxbury Town Offices.
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