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 05/08/06
Approved 06/05/06
The Planning Board met in the Duxbury Senior Center, Ellison Room, on Monday, May 8, 2006.
Present: Amy MacNab, Chair; George Wadsworth, Vice-Chairman; Angela Scieszka, Clerk; John Bear, Brendan Halligan, Jim Kimball, and Harold Moody.
Absent: Associate Member Douglas Carver.
Staff: Christine Stickney, Planning Director; and Diane Grant, Administrative Assistant.
The meeting was called to order at 7:32 PM.
OPEN FORUM
Bay Farm Montessori Academy Public Site Walk: Mr. Halligan stated that he did not feel comfortable going to the site walk without direction from the applicants regarding detailed, updated plans. Ms. MacNab said that she did attend, and felt it was valuable to see and hear a description of the proposed plans. She added that in general, a site visit is worth a million plans.
Summer Street Planned Development Site Walk: Ms. MacNab suggested that the Board plan a site walk of the proposed “Duxbury Estates” planned development prior to next week’s meeting. It was agreed for the Board to meet at 6:30 PM on Monday, May 15, 2006, with public notice to be filed with the Town Clerk’s office.
Duxbury Senior Center ASPR: The Board and staff discussed the administrative site plan process for this project, including a possible Approval Not Required Plan of Land to delineate the lot line. Ms. Stickney advised the Board that DPW Director, Mr. Tom Daley, would be providing a ANR plan within the month.
Approval Not Required (ANR) Applications: Ms. Scieszka asked for Ms. Stickney’s thoughts on the ANR process, since there appear to be many exceptions brought before the Board when the process is intended to be for clear-cut applications, and Town Counsel needs to be consulted on many applications. Ms. Stickney responded that Town Counsel, Atty. Robert Troy, consistently advises that the Board should strictly consider frontage and lot size when approving an ANR, and cautions the Board from trying to set uniform standards because each application is unique. Ms. MacNab noted that because developable land is becoming more scarce, the applications are becoming more challenging. Mr. Wadsworth recommended Board members to review the ANR Handbook, and Ms. Stickney offered to provide a copy to Mr. Halligan and Mr.
Moody. Ms. Stickney advised the Board that Atty. Troy has offered to come to Board meetings, and stated that the Board could meet with him on a regular schedule. She commented that it helps if the Board’s questions are provided to Atty. Troy before the meeting so he is able to research.
Bayside Marine, 433 Washington Street – The applicant, Mr. J.R. Kent, was present to request that the Board endorse his plans as directed to him by Land Court. Ms. Stickney advised the Board that the applicant is attempting to remove a lot line on his property through Land Court. Ms. MacNab asked who designed the plans, and Mr. Kent replied that ASEC was the designer. Ms. Stickney stated that Land Court would assign an engineer to review the plans, and Ms. MacNab stated that she was not aware that Land Court used reviewing engineers. Ms. MacNab expressed concern that the Board’s approval would certify that the lot lines and building plans were correct, which they are not qualified to do. There was discussion over whether the process should be through an ANR to remove the lot lines. It was decided to
delay the discussion for one week to allow Mr. Moody to research the Land Court process, and that Mr. Kent would submit a surety as determined by consulting engineer, Mr. Tom Sexton.
Business of Water Conference: Mr. Wadsworth noted that he had attended this conference at UMass Dartmouth on May 12, 2006, and advised the Board that he had learned that the use of water can be used as a tool to affect construction development. He said that water conservation is being encouraged even in water-rich areas.
Staff Evaluation: Ms. MacNab reported that she has spoken with Town Manager, Mr. Richard MacDonald, regarding staff evaluation, which would be in the form of a Board review some time in June. Ms. Stickney advised the Board that only three staff managers, including Town Assessor, Planning Director and Library Director, are reviewed by Town boards.
Economic Advisory Committee (EAC): Mr. Bear advised the Board that the EAC would be meeting with the Board of Selectmen on June 5, 2006 to review findings from the business area forums that they have been hosting throughout the past year.
Housing Consultant: Mr. Wadsworth asked about the status of the Housing Consultant position which had received funding through the Community Preservation Committee at Annual Town Meeting 2006. Ms. Stickney advised that the request for proposal (RFP) would go out after the working group of the Planning Board and Local Housing Partnership finalized prioritizing housing strategies. Mr. Wadsworth suggested, and others agreed, that staff could advertise the position while the strategies are being finalized so that the Housing Consultant could provide input. Mr. Kimball suggested that the Board wait until the strategies are narrowed down so that the Housing Consultant has a focus. He added that the scope of work needs to be defined and clearly stated in order to attract candidates. Ms. Stickney offered to provide a copy
of an RFP for a similar position in Marshfield for the Board’s review.
WORK SESSION
Planned Development (PD) Interview with Mr. Larry Koff: Ms. MacNab welcomed Mr. Koff, who had submitted a proposal for consulting services for the Duxbury Estates planned development on Summer Street. Mr. Koff described his pertinent experience and provided the qualifications for his proposed consulting team:
§ Larry Koff & Associates – Community Planning
§ BPG/Bluestone Planning Group – Design
§ Community Opportunities Group – Zoning Review
§ E.A. Fuller Associates – Landscape Architecture
§ MS Transportation Systems, Inc. – Transportation
§ Merrill Associates, Inc. – Engineering.
Mr. Koff stated that he would attend Planning Board meetings and bring in specialists as needed. Ms. MacNab noted that the Duxbury Estates project was the first PD in Duxbury since 1986, and it is important for the Board to have experienced guidance because no current members were on the Board in 1986. Mr. Wadsworth commented that Ms. Judi Barrett of Community Opportunities Group may have served on the Duxbury Planning Board during the 1986 PD permitting process.
Ms. MacNab asked if Mr. Koff would be billing for his travel time from his office in Brookline. Mr. Koff stated that he usually does not charge full travel time, and charges the same for day and night meetings. Ms. MacNab asked if he would charge for a cancelled meeting, and Mr. Koff replied that if he was given reasonable notice, he would not charge. The interview concluded, Ms. MacNab thanked Mr. Koff for his time, and he departed.
CONTINUED PUBLIC MEETING, ADMINISTRATIVE SITE PLAN REVIEW / BONGI’S TURKEY ROOST, 414 KINGSTOWN WAY
Present for the discussion were the applicant, Mr. Thomas Pierce; Mr. Paul Brogna of Seacoast Engineering, Inc.; and Town consulting engineer, Mr. Walter Amory. Ms. Stickney noted that revised plans were submitted to the Planning office earlier that day with minor revisions to the plans in the Planning Board packets.
Mr. Brogna stated that the applicants had met with the Zoning Board of Appeals (ZBA) on March 9, 2006 and planned to meet with them again on May 11, 2006. He said there were several outstanding issues from the last Planning Board meeting that have been addressed:
§ Three groundwater wells were installed on April 13, 2006: one in the southeast corner of the lot, one on the north side near Autumn Avenue, and one further down Autumn Avenue (?). The test wells confirmed that groundwater is going in a southeasterly direction.
§ Stormwater drainage in the parking lot is being re-worked and is close to being resolved.
§ Two additional parking spaces have been relocated on the plan so that the required number of parking spaces are located on the lot where the business is located.
§ A catch basin has been added to the plans.
§ A hammerhead turnaround has been added to the plans at the rear of the sight for emergency vehicles access and turn around.
Ms. MacNab asked if a new secondary access had been added, and Mr. Brogna replied that they intended to put hardened gravel on an existing driveway. Ms. MacNab noted that the proposed roadway surface materials did not match the recommendation in Chief Nord’s memo of April 3, 2006. Ms. Stickney confirmed that Chief Nord had agreed to the proposed roadway materials through recent discussion.
Mr. Wadsworth asked if well logs were available, and Mr. Brogna responded that the well tests were informal but accurate, and that a backhoe was used and not a drilling rig. Mr. Wadsworth asked if the geology was consistent from top to bottom, and Mr. Brogna replied that it was. Mr. Brogna confirmed that water quality samples were taken. Mr. Wadsworth noted that monitoring wells are useful for the Town Water Department and Board of Health and advised Mr. Brogna that the Town would want access to the wells. Mr. Brogna responded that the owners, the Pierces, were aware of this. Ms. MacNab added that the owners’ consideration of this is appreciated. Ms. Stickney stated that she would contact Mr. Pierce and Atty. Galvin regarding this issue.
Mr. Kimball referenced Mr. Amory’s May 8, 2006 memo and asked about a 40-foot buffer between the detention basin, and Mr. Amory confirmed that this is an observation, not a major concern. Mr. Kimball asked if a waiver might be required in the decision, and Ms. Stickney advised that in an administrative site plan review, there is no minimum limit to a buffer. Ms. Scieszka noted that the standard subdivision buffer is 50 feet. Mr. Amory confirmed that he sees no need for buffering materials to be added.
Ms. MacNab stated her concern about a building on the site that straddles lot lines. Ms. Stickney suggested that the site plan could be recorded on the title so that if the property were ever conveyed it would be a condition of the sale.
MOTION: Ms. Scieszka made a motion, and Mr. Bear provided a second, to extend the administrative site plan public meeting for Bongi’s Turkey Roost, 414 Kingstown Way, to May 15, 2006 at 7:45 PM, with the decision date extended to June 5, 2006. There was no discussion.
VOTE: The motion carried unanimously (7-0).
A mutual extension form was signed by Mr. Pierce and the Board.
AS-BUILT APPROVAL: PRATT CIRCLE
No one was present for the discussion, because Atty. Galvin had advised the Planning office he was unable to attend tonight’s meeting. The Planning office had received a proposed revision to the Homeowners’ Association from Atty. Galvin, and also had received a letter from the three homeowners. Ms. MacNab commented that she had an issue with the homeowners’ request for a waiver of property taxes. She also asked about a 40,000 square foot grit chamber referenced in the homeowners’ letter, and Ms. Stickney said that she would consult DPW Director, Mr. Tom Daley. Ms. Scieszka noted that the grit chamber is the homeowners’ responsibility.
Ms. MacNab also questioned the homeowners’ request for return of the $40,000.00 performance bond to the homeowners and no other party. She asked Ms. Stickney how the roadway is taxed, and Ms. Stickney advised that, according to Town Assessor, Mr. Dick Finnegan, homeowners’ associations are taxed for all land, whether open land or a roadway. She stated that she would ask Mr. Finnegan to look into the ownership of the road because it appeared that the homeowners had not been taxed to date.
Ms. Stickney stated that she has advised Atty. Galvin to resolve the matter with the homeowners and to bring a signed copy of a proposed homeowners’ association document for the Board’s review and approval. It was noted that the two parties do not appear to be close to resolution. It was concluded that this issue needs to be discussed and resolved between the homeowners and the developers, and that Planning Board time should not continue to be expended until such time as an agreement is reached.
ZBA SPECIAL PERMIT REFERRAL: 110 GURNET ROAD / BOURGET
The Board noted there was no planning impact on this proposal to renovate an existing porch and add a second story deck and railing above it.
MOTION: Ms. Scieszka made a motion, and Mr. Halligan provided a second, that as the Planning Board sees no planning issues, judgment is deferred to the Zoning Board of Appeals regarding 110 Gurnet Road. There was no discussion.
VOTE: The motion carried unanimously (7-0).
OTHER BUSINESS
Duxbury Crossing Remand: Ms. Stickney provided an overview of the proceedings of this proposed 40B development on Careswell and Enterprise Streets, referencing her memo to the Board dated May 8, 2006. The Zoning Board of Appeals (ZBA) issued a decision in January 2006 permitting ten single family dwellings, and the applicant had appealed this decision to the Housing Appeals Committee (HAC) requesting a 20-unit development. The HAC remanded the decision back to the ZBA, which is seeking input from Town boards and departments. After some discussion by the Board, it was agreed to follow Ms. Stickney’s recommendation that the Board support the ZBA’s original decision because the applicant had not provided new information to support the need for any changes. Mr. Kimball noted that the original architectural
plans were stamped in 1965.
Summer Street PD Engineering Consultant: Ms Stickney distributed a memo to the Board regarding the status of five consultants she or Ms. Scieszka had contacted since May 3, 2006, along with the status of the five consultants Ms. Stickney had originally contacted on March 29, 2006. The Board discussed general requirements for a planning consultant for this proposed planned development (PD). Ms. MacNab noted that the Board would be interviewing two candidates on May 15, 2006.
McMansion Review: Ms. Stickney referenced her memo dated May 8, 2006 advising the Board that she had learned about a zoning bylaw in the Town of Weston which triggers an administrative site plan review on permits for constructing large homes on scenic roads. She also noted that Weston has four residential districts. She provided the Board with a copy of the pertinent Weston bylaws and noted that the Town of Lincoln also has passed a scenic road bylaw to help regulate large single family homes.
ADJOURNMENT
The Planning Board meeting was adjourned at 10:08 PM. The next meeting of the Duxbury Planning Board will be held on Monday, May 15, 2006 at 7:30 PM at the Duxbury Senior Center, Ellison Room.
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