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 08/14/06
Approved 11/20/06
The Planning Board met in the Duxbury Town Hall, Small Conference Room on Monday, August 14, 2006.
Present: Amy MacNab, Chair; George Wadsworth, Vice-Chairman; John Bear, Brendan Halligan, and Jim Kimball.
Absent: Angela Scieszka, Clerk; Harold Moody; and Associate Member Douglas Carver.
Staff: Christine Stickney, Planning Director; and Diane Grant, Administrative Assistant.
The meeting was called to order at 7:30 PM.
OPEN FORUM
Housing Consultant selection: Mr. Kimball asked about the status of the Housing Consultant selection. Ms. Stickney noted that four proposals had been received and that tonight Board members are receiving a package containing the proposals for review and comment.
Bay Farm Montessori Academy, Inc.: Mr. Wadsworth reported that on the previous Saturday he had gone to view balloons representing the height of the proposed activity center. He said it was a windy day and the balloons were attached to the top of a flagpole. Balloons were not placed on each corner of where the proposed activity center would be located. He stated that he traveled to various points nearby and could not see the balloons from Cretinon’s farmstand, Bay Road, Howland’s Landing, or Captain’s Hill.
Mr. Halligan noted that on Sunday he had attempted to view the balloons from various sites and was unable to see them as well. He stated that surrounding trees may have hidden the balloons from view. Ms. Stickney noted that the applicants had submitted photographs earlier that day showing the balloons from various viewpoints, including from Kingston Bay.
Mr. Wadsworth reported that he had received a call from the applicant’s surveyor, Mr. Al Vautrinot, disputing Mr. Wadsworth’s comments at last week’s meeting regarding a size comparison of the Alden School gym and the proposed activity center. Mr. Wadsworth and Mr. Vautrinot went to Alden School and measured the gym both inside and outside. Ms. Stickney confirmed that Mr. Vautrinot told her he had notes from that meeting.
ZBA REFERRAL: 61 ELDER BREWSTER ROAD / DWYER
Because it was not yet time for the continued public meeting, the Board moved to other business. Ms. MacNab introduced the Zoning Board of Appeals (ZBA) referral for the teardown and replacement of a four-bedroom home at 61 Elder Brewster Road. She noted that it was difficult to understand the ZBA form’s comments regarding site coverage. Mr. Bear and Mr. Wadsworth noted that the applicants could add up to 300 square feet. Mr. Bear noted that the applicants are allowed up to 1,800 square feet of coverage on a 10,000 square foot lot. Mr. Wadsworth noted that the smaller the lot, the greater the coverage can be. Mr. Kimball stated that the additional 3 percent bonus is not a given. Ms. Stickney provided her calculations, noting that the coverage is at 18% now. She said that taking 9,597 from 20,000 then multiplying by
three percent, the outcome would be 312 square feet allowed.
Mr. Wadsworth asked if the allowance is for 3% over the 15% allowed or 3% over the existing site coverage. Ms. MacNab noted that the existing site coverage is 17.7% and the proposed is 21.1%. Because the site coverage allowance was unclear, Ms. Stickney offered to research the matter with the Zoning Enforcement Officer, Mr. Scott Lambiase. Mr. Wadsworth stated that he believes that 15% plus 3% is the best the applicant can do, and that if the answer comes back that 3% over the existing site coverage is allowed, then the Board should consider proposing a revision to Zoning Bylaws. It was agreed to table the discussion until a later date.
OTHER BUSINESS
Engineering Invoices:
MOTION: Mr. Wadsworth made a motion, and Mr. Bear provided a second, to approve Mainstream Engineering invoice #20805 dated June 30, 2006 in the amount of $481.00 for services related to the Town of Duxbury Senior Center parking lot expansion.
DISCUSSION: Mr. Bear asked why the invoice amount had been revised, and Ms. MacNab replied that Mr. Sexton had revised the invoice after the Board questioned a charge. Mr. Wadsworth asked if the invoice date of June 30th would cause an accounting issue with the change in fiscal year, and Ms. Stickney replied that the Board had directed her to forward the invoice to the Council on Aging.
VOTE: The motion carried unanimously (5-0).
MOTION: Mr. Wadsworth made a motion, and Mr. Bear provided a second, to approve the following Amory Engineer invoices:
§ Invoice #11297A dated August 3, 2006 in the amount of $1,834.75 for services related to Bay Farm Montessori Academy, Inc.
§ Invoice #11297B dated August 3, 2006 in the amount of $906.25 for services related to 21 Chestnut Street.
There was no discussion.
VOTE: The motion carried unanimously (5-0).
Bay Farm Montessori (BFMA): Ms. MacNab noted that tonight’s discussion would be focused on the Administrative Site Plan (ASPR) process. She thanked Ms. Stickney for providing the Board with copies of the pertinent Massachusetts General Laws and case law pertaining to the “Dover Amendment” for exempt uses. Ms. MacNab noted that some Board members are asking if Town Counsel should be present for the continued public meeting scheduled for August 28, 2006. Mr. Bear asked if the act-on date is three days after the scheduled meeting, and Ms. MacNab replied that the act-on date is ten days later. Mr. Bear noted that Town Counsel does not specialize in tax-exempt businesses. Ms. Stickney advised the Board that they could meet up to the decision date to vote on the ASPR application. Mr. Halligan stated
that he did not recommend Town Counsel attend the public meeting because it might take away his objectivity. Mr. Wadsworth agreed. Ms. MacNab suggested meeting with Town Counsel prior to the public meeting, but Ms. Stickney noted that he is away on vacation.
Ms. MacNab noted that the decision needs to be worded carefully. Ms. Stickney suggested that the findings do not need to be included in the decision. Mr. Wadsworth noted that the finding would help Town Counsel if the case were to be litigated. Ms. Stickney advised the Board to review carefully Section 615 of the Zoning Bylaws. Mr. Wadsworth noted that the Zoning Bylaws do not delineate a detailed process for exempt organizations. The Board and staff discussed various law cases that may apply.
Ms. MacNab asked if the Inspectional Services Department would be submitting information regarding exempt use, and Ms. Stickney replied that a letter had been received the day of the previous public meeting. Ms. MacNab suggested Board members submit draft conditions to Ms. Stickney so that she could summarize comments into a draft decision letter. Mr. Wadsworth advised the Board that health and safety issues are important. Mr. Kimball asked if more input would be provided from the applicants, and Ms. Stickney replied that the applicants had submitted revised plans that showed drainage and landscaping plans.
Ms. MacNab asked if the decision needed to be completed the night of the public meeting, and Ms. Stickney replied that the ZBA sometimes tells the applicant that the decision will be drafted at a later date. She suggested that the Board could close the public meeting and announce that no further input would be accepted. Mr. Kimball recommended making a decision based on information received so far. Ms. MacNab concluded that the Board should bring comments and issues to next week’s meeting for further review.
CONTINUED PUBLIC MEETING: DUXBURY ESTATES PLANNED DEVELOPMENT, VICINITY OF 411 AND 451 SUMMER STREET (ROUTE 53)
Ms. MacNab opened the public meeting at 8:13 PM. Present for the discussion were Mr. Chuck Giachetto of By Design Construction; Atty. Robert W. Galvin; and Mr. Rick Grady of Grady Consulting. Mr. Wadsworth read into the record the correspondence list:
§ PB Minutes from 05/08/06 re: Site walk scheduling for 05/15/06
§ PB Minutes from 05/22/06 public meeting
§ Sign-in sheet from 07/24/06 public meeting
§ Mutual Extension Form signed 07/24/06
§ Memo from P. Anderson to C. Stickney dated 07/25/06 re: Fire flow test
§ Soil logs submitted by Grady Consulting on 07/31/06
§ Letter from Grady Consulting to Planning Board members dated 08/07/06 re: Response to PB comments
§ Fax from M. Cooperman / EcoTerra Design Group to C. Stickney dated 08/08/06 re: Preliminary planting plan for NSTAR easement buffer
§ Email from C. Wallace to C. Stickney dated 08/09/06 re: Engineering review.
Mr. Wadsworth asked if Town consulting engineers from Horsley Witten Group would be attending tonight’s meeting, and Ms. Stickney replied that they had submitted a review letter and she had spoken with them over the phone today. She added that they would be available for the expected August 28, 2006 continued public meeting.
Ms. MacNab noted that the application is nearing completion, except for a recommendation from the Fire Department regarding minimum distance from decks. Mr. Grady noted that a cover letter submitted with revised plans on August 7, 2006, addressed all outstanding issues, noting that Dufresne Henry had been contacted regarding fire flow calculations.
Mr. Wadsworth referenced landscaping plans submitted by Mr. Mark Cooperman of EcoTerra Designs on behalf of the applicant, noting that there is little vegetation shown on plans between structures and the easement. He asked if easement lines had been clarified, noting that it appeared that plantings went into the easement area near Units 9, 10 and 11. Mr. Grady explained that fencing and screening would be used where appropriate, although the applicants do not intend to install a fence around the entire property. Mr. Wadsworth stated that fencing needs to be defined as far as where it will go and what it will look like. He recommended that the issue be brought to the ZBA’s attention.
Ms. MacNab stated that abutters have commented that they do not want fencing, and that trees and shrubbery are recommended where possible. Ms. Stickney noted that the Board could recommend the ZBA include a condition that landscaping plans would be reviewed before construction begins. Mr. Bear noted that some of the buffer provided by existing or new trees may be removed in the future by NStar.
Ms. MacNab asked if the applicants had calculated the amount of open space, and Mr. Grady replied that the open space coverage information is provided on Sheet 1 of plans dated August 7, 2006, along with a corresponding zoning data table. Mr. Wadsworth asked who would restrict and enforce the open space component, and Atty. Galvin stated that restrictions would be included in the homeowner’s association, and that he had forwarded a draft homeowner’s association to the Planning office. Ms. MacNab asked if the plan would be referenced in the deed and Atty. Galvin confirmed that it would be.
Mr. Wadsworth asked what would happen in the event of a hurricane, and Atty. Galvin replied that the condominium association would assess the damage and provide funding for repair. Mr. Wadsworth asked what would happen if the homeowners refused to fix the damage, and Atty. Galvin replied that a lien is placed on the title that would cover this type of scenario. Ms. Stickney referenced Zoning Bylaw Section 702.2 that addresses open space maintenance.
Mr. Wadsworth asked where patios would be used, and Mr. Grady responded that they would be included on Units 1, 9, 10, 11 and 12. Upon questioning, Mr. Grady stated that the applicants are hoping that buyers would have the option of a patio or deck for Unit 12.
Ms. MacNab asked if the applicants include homeowners’ lawns as open space, and Mr. Grady replied that they do not. Mr. Wadsworth asked how the homeowner knows where their yards end and open space begins, and Mr. Giachetto replied that homeowners would not be able to plant anything without homeowner’s association approval. Ms. Stickney confirmed that there would be no areas of exclusive use as is common with condominiums, and Mr. Giachetto stated that the only exclusive right would be the deck or patio area.
Ms. MacNab noted that the Board had reviewed copies of past PD reports, and that the density on this application appears higher than PDs approved in the past. She noted that a financial analysis is missing as well, and that she is not sure how the Board will address this issue. Ms. Stickney noted that Ms. Sara Wilson of the ZBA had done financial analyses before and suggested she could perform the calculations for the current application as well.
Ms. Stickney pointed out that the applicants need to propose a street name, and Mr. Giachetto responded that they are proposing Duxbury Estates Way. Ms. Stickney advised Mr. Giachetto to submit a letter that she could pass on to the Town historian. Ms. MacNab cautioned that the Town historian may find Duxbury Estates Way too similar to other street names and advised the applicants to consider proposing alternative street names.
Ms. Stickney asked the applicant for the closing date, and Mr. Giachetto replied that it is December 1, 2006, noting that two purchase and sales agreements are pending.
Mr. Wadsworth noted that water flow does not seem to be an issue, because the property is perched above wetlands and water flows away from them.
Ms. Stickney asked if the applicants intend to use berms, and Mr. Grady said that they would not, because with a roadside swale a grass swale is preferred over paved swales. Ms. Stickney advised Mr. Grady that vertical granite would need to be installed at the intersection according to Mass. Highway regulations.
Ms. MacNab asked if the Fire Department had recommended a second access, and Mr. Giachetto replied that the Fire Chief had agreed to a turnaround instead.
Mr. Bear asked about the financial impact analysis, and Mr. Wadsworth offered to help create it. Mr. Giachetto also offered because he has a background as a CPA. Ms. MacNab advised Ms. Stickney that ZBA member Ms. Sara Wilson had offered to help, with experience as a Planning Board member approving PDs in the 1980s. Mr. Bear noted that in past PDs private firms had performed the financial analyses.
Ms. MacNab asked if the roadway would always be private, and Ms. Stickney confirmed that it would. Mr. Wadsworth noted potential water pressure issues especially near the buffer at Units 9, 10 and 11, adding that these issues should be addressed by the ZBA.
Mr. Bear asked about the applicants’ intention regarding payment in lieu of an affordable housing component, and Ms. Stickney suggested the Board could make a recommendation on when the payment should be made at a later date closer to construction so the Assessor’s Department could determine the most up to date assessed value. Mr. Wadsworth asked the asking price the applicants expect, and Mr. Giachetto replied that they expect to go on the market for between $575,000 and $625,000.
Ms. MacNab inquired about the build-out date, and whether they expect to complete the development within three years. Ms. Stickney advised the applicants that their special permit would be valid for two years, and stated that she expected the ZBA would work out the building schedule with the applicants.
Atty. Galvin requested a copy of the draft recommendation before the Board votes on it, and Ms. MacNab conferred with the Board and advised Atty. Galvin that they could.
The public meeting ended at approximately 9:22 PM.
ADJOURNMENT
The Planning Board meeting was adjourned at 9:47 PM. The next meeting of the Duxbury Planning Board will be held on Monday, August 21, 2006 at 7:30 PM at Duxbury Town Hall, Small Conference Room, lower level.
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