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PB Meeting Minutes of 06/06/05

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    06/6/05              
        

The Planning Board met in the Town Office Building, Monday, June 6, 2005.

Present: Amy MacNab, Chairman; George Wadsworth, Vice-Chairman; Aboud Al-Zaim, Jim Kimball and John Bear.

Absent: Angela Scieszka, Robert Wilson & Harold Moody (associate member)
Staff: Christine Stickney, Planning Director

The meeting was called to order at 7:35 PM.


OPEN FORUM

MBTA Advisory Meeting:  Mr. Kimball reported he will be attending the MBTA meeting tomorrow.  Past meetings have been frustrating due to the lack of representation for the South Shore communities – more needs to be done in this area – he will keep the Board informed.

Subdivision Site Visits:  Ms. MacNab asked members thoughts on putting a list of subdivisions together to be visited so that members could address what they like and dislike about the roadway.  Members will come with some suggested sites for the next meeting.  


MINOR MODIFICATION REQUEST/PRATT CIRCLE OFF VALLEY STREET
Kevin Sealund of Sealund Corp. was present on behalf of the applicant.  Mr. Sealund explained the nature of the request and showed on the plan the location of the pole where the light should be installed.  Mr. Al-Zaim questioned if it would illuminate the cul-de-sac?  Mr. Sealund explained that only the house across the street would be illuminated.  The locations of the homes at Pratt Circle are set back so far off the street no illumination would occur.  Ms. Stickney reported she had a telephone conversation with one of the abutters on Valley Street and their desire to have no light be installed.  Members informally expressed there opinions on whether the light should go or remain.

MOTION:  Mr. Wadsworth motioned to remove the requirement for installation of a light in accordance with the approved plans, seconded by Mr. Bear and voted 4:1 (Mr. Al-Zaim against) by the Planning Board.

APPROVAL NOT REQUIRED (ANR) PLAN: CONGRESS STREET (MIGRE)
Present for the discussion was the applicant, Mr. Migre and his surveyor, Douglas Bailey.
The proposal is to subdivide an existing parcel into three lots of which a majority is located in Pembroke and a small portion in Duxbury.  The Pembroke Planning Department has endorsed the plan and now they would like the Duxbury Planning Board to do the same.  

Mr. Wadsworth asked about the frontage and the lot shape of the lot that straddles the Town Line.  Mr. Bailey using the plan demarked the area comprising the lot.  Mr. Al-Zaim questioned why the plan should even be signed by Duxbury if Pembroke’s Planning Board has endorsed?  Ms. Stickney commented that the Registry would want both Town’s endorsement given the area is two towns.

MOTION:  Mr. Bear motioned to approve endorsement of the ANR plan as not requiring approval under Subdivision Control Law, seconded by Mr. Wadsworth and unanimously voted.

PUBLIC HEARING/DEFINITIVE PLAN – SONG SPARROW
Present for the application were:       Jay Woodruff (representing applicant)
                                        Stephen Giosia (SITEC-applicant)
                                        Tom Sexton (Mainstream Engineering – Town)
                                        Forest Street neighbors

The public hearing was opened and Mr. Wadsworth read the following correspondence list into the record:
·       Mutual Extension Form dated 5/2/05 – Cont. public hearing to 6/6/05
·       Minutes from PB hearing of 5/2/05
·       Transmittal from B. Ripley to Jay Woodruff dated 5/6/05 re: sample documents
·       Letter from SITEC dated 5/10/05 enclosed with revised plans and drainage calculations.
·       Email from B. Ripley dated 5/10/05 re: transmittal of materials to Mainstream Engineering
§       (note confirmation received 5/13/05)
·       Review by Mainstream Engineering dated 5/20/05 re: review of revised plans and drainage
§       calculations.
·       Fax transmission from SITEC dated 5/23/05 re: copy of Declaration of Protective Covenant, Planning Board Covenant and Operation & Maintenance plan for Stormwater.
·       Fax transmission from Issadore and Arons dated 5/23/05 with copy of draft Homeowners
§       Association Trust.
·       Cover letter from SITEC dated 5/23/05 attached with Microanalysis drainage calculations.
·       Memo dated 6/3/05 from C. Stickney re: review of documents and comments.
·       Draft Conditions prepared by C. Stickney dated 6/6/05.

Tom Sexton reviewed his memo of 5/20/05 and the current status of discussions with SITEC on revisions to be made to the plans. Under item #16 of his memo the line of sight is met and any future clearing would be a private matter on the ANR lots on Forest Street – no further response needed.  Under items #18 & #19 Ms. MacNab asked if these had been addressed in the micro analysis submitted.  A discussion on the watershed characteristics was undertaken and Mr. Wadsworth suggested that the Protective Covenant include language that any developed areas should be graded to remain on-site.  Mr. Al-Zaim questioned how this would be evaluated in the future? It was agreed that the actual homeowners and abutters would know when a problem has arisen.

The Planning Board next reviewed the draft conditions prepared by staff.   Mr. Wadsworth suggested that the condition relative to the Operation and Maintenance Plan be moved up to the initial conditions.  It was agreed that the “no activity” zone needs to be defined and perhaps should be in the Protective Covenant.  Members noted that Bob Troy should review both the Covenant and the Homeowners’ Association.  No work can begin on the lot until these are approved and recorded.   

Ms. MacNab asked if there were any additional remarks from the applicant and the public – no response.

MOTION:  Mr. Wadsworth motioned to close the public hearing for the Song Sparrow subdivision, seconded by Mr. Kimball and unanimously voted.

Ms. MacNab next asked the Planning Board to consider the waivers requested by the applicant:

MOTION: Mr. Wadsworth motioned to approve a waiver that allows no berm along the pavement edge due to the design of the bio-retention swales. A Cape Cod berm will encircle the interior island of the cul-de-sac. (Relief from Section 7.3.10 #3 requirement for Cape Cod berm under the Rules and Regulations Governing the Subdivision of Land), seconded by Mr. Kimball and unanimously voted (5:0).

MOTION: Mr. Wadsworth motioned to approve a waiver to not install a streetlight at the intersection of Song Sparrow Lane and Forest Street. (Relief from Section 7.3.11 requirement for a street light under the Rules and Regulations Governing the Subdivision of Land), seconded by Mr. Kimball and unanimously voted (5:0).

Ms. MacNab next asked members for a motion relative to their decision on the subdivision.

MOTION: Mr. Wadsworth motioned to APPROVE the subdivision known as Song Sparrow Estates off Forest Street, dated June 6, 2005 with conditions as amended this evening, seconded by Mr. Kimball and unanimously voted (5:0).



AS-BUILT APPROVAL/BROOK ROAD/CHAFIK HAMADEH

The matter was tabled until the June 13, 2005 meeting.


APPOINTMENT AND DISCUSSION WITH MAPC REPRESENTATIVES RE: HALL’S CORNER
        
Representing MAPC (Metropolitan Area Planning Council) our regional planning agency was Marc Racicot and Bill Clark.  Also present was Andre Martecchini from the Board of Selectmen.

Mr. Clark explained the purpose of their attendance tonight was to discuss an opportunity for Duxbury to participate in a short-term economic study of the Hall’s Corner area. Remaining funds under the Vision 2020 program have come available to regional planning agencies to assist their communities with short term technical assistance in the areas of economic development and sustainable growth.

Mr. Clark reported that he had discussions with Mr. Martecchini and Ms. Sieszka at the South Shore Coalition meetings relative to this opportunity and they suggested meeting with the Planning Board.  

Funds would provide technical resource assistance to look at potential build-out of the area and different scenarios as to development that could assist the Town in the development of future zoning bylaws.  Mr. Clark provided a handout of similar projects done in other MAPC communities such as Stoughton where a recent affordable housing bylaw was implemented for second floor developments.  

Mr. Al-Zaim asked about the funding and what was the catch with the State who normally does not give something out without wanting something in return.  Mr. Clark explained the funding supplements the various initiatives and policy direction of the Governor’s office in promoting sustainable growth.  They would like communities to look at their existing situations and improve upon them rather than responding to sprawl with new development.  Mr. Racicot also explained that they would like communities to undertake these types of initiatives in an effort to increase your smart growth audit also known as your Commonwealth Capital score.  

Mr. Wadsworth questioned what direction the study would under take, promotion of affordable housing?, mixed use (ie: commercial and residential?) he felt further definition of the study is needed before the Planning Board could be agreeable.  Mr. Racicot explained if more time was available that would normally have visioning sessions to determine the public’s needs and wants, but the use of these funds requires the study to be completed by June 30th.  Once completed MAPC can return in the new fiscal year to make presentations.  He added to the scope would be mainly mixed use and the potential footprints and maximum capacity for build-out. Mr. Martecchini said that a major issue in the area is the additional capacity needed for sewer disposal – an issue the Town could work with businesses similar to the Snug Harbor area.  Mr. Clark felt they could possibly look into the issue in relation to potential build-out.  

Discussion continued as to possible scenarios.  Mr. Bear suggested we attempt to establish a scope for the project.  He recommended that MAPC conduct the study in the month of June for Halls Corner with the objective to encourage local businesses and add to the affordable housing stock.  Consideration should be given to mixed use, design guidelines, parking requirements, traffic implications, septic implications and possible bylaw options.

MAPC representatives will get to work asap and return with some working documents in two weeks as an interim measure.  

OTHER BUSINESS

Ms. Stickney briefly updated the members on the clerical situation and that she has sought temporary help for the office.

Members reviewed the following ZBA decisions, Deesul at 104 Tremont Street, Langeland at 298 Powder Point and Nichols at 154 Marshall Street.

Members were reminded of the Farewell Reception for Rocco on 6/9/05.

Ms. MacNab asked staff to find out where we are with the certified housing plan by contacting Judi Barrett.

Minutes:
MOTION: Mr. Wadsworth motioned to accept the minutes of 5/23/05 as amended, seconded by Mr. Al-Zaim and unanimously voted.


ADJOURNMENT

The Planning Board meeting was adjourned at 9:30 PM.  The next meeting of the Duxbury Planning Board will be held on Monday, June 13, 2005 at 7:30 PM in the Duxbury Town Offices.