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 02/27/06
Approved 03/06/06
The Planning Board met in the Town Office Building, Monday, February 27, 2006.
Present: George Wadsworth, Vice-Chairman; Angela Scieszka, Clerk; Aboud Al-Zaim, Jim Kimball, Harold Moody, and Associate Member Douglas Carver.
Absent: Amy MacNab, Chair; and John Bear.
Staff: Christine Stickney, Planning Director; and Diane Grant, Administrative Assistant.
The meeting was called to order at 7:32 PM.
OPEN FORUM
South Shore Coalition Meeting: Ms. Scieszka reported that an MAPC population growth study was reviewed at its latest meeting. Projections state that although there will be a general decline in population in Massachusetts, there will be an increase in immigrants, causing a possible shift in demographics. Cities projecting growth include Lowell, Brockton and Framingham, with little or no growth projected in Duxbury, Plymouth and Marshfield. She stated that this population shift would affect traffic and industry, with a projected decrease in high-tech/biotech and manufacturing jobs.
APPROVAL NOT REQUIRED APPLICATION – GURNET ROAD / HUMMOCK LLC
Atty. Michael Emerson and Mr. Daniel Orwig were present for discussion on this ANR application for plans dated February 15, 2006. Previous property owners had received ANR approval by Land Court in 1991 for creation of five lots. At the Board’s February 13, 2006 meeting, members reviewed an ANR application for plans dated December 2, 2005 showing revised lot lines, and voted to not endorse it at the advice of Town Counsel, since one lot contained two structures. Tonight’s discussion related to an ANR application for plans dated Februrary 15, 2006, with a revision in lot lines.
Mr. Orwig stated that there is one existing structure on each lot with this current plan, and that all frontages and lot areas remained the same as the 1991 plans. Ms. Scieszka asked if the upland/wetland calculations were comparable, and Mr. Orwig responded that wetland delineations were not required in 1991, and that current plans delineate both Federal and Town wetlands. Mr. Orwig stated that he believes there are no requirements that they keep the upland/wetland ratio comparable. Mr. Wadsworth stated that he is not aware if this issue is addressed under Chapter 81L. Ms. Scieszka requested that Town Counsel, Atty. Robert Troy, be consulted over this matter.
Mr. Al-Zaim requested that the applicant revise his February 15, 2006 plans to include the current lot lines from the 1991 ANR decision. Mr. Orwig stated that he would agree to do it although he did not believe it is a requirement. He stated that he would not agree to extend the decision date, however.
Ms. Scieszka noted that potential ANR approval would not implicate that the lots are buildable, and that the Inspectional Services Department would determine that. She further noted that by changing the lot lines on non-compliant lots, the applicant could be jeopardizing the buildability of the lots. Mr. Orwig noted that, as required, it is noted on his current plans that Planning Board endorsement does not certify compliance with zoning bylaws.
Mr. Kimball asked why the applicant was applying for an ANR, since the frontage and square footage had not changed. Mr. Orwig responded that they were applying for an ANR so that they could reposition structures on each lot. Ms. Stickney advised that the Board consider frontage under ANR and not zoning issues, which are handled by the Town’s Inspectional Services Department. Mr. Moody noted that the application meets Chapter 81L requirements now that at least one structure is located on each lot.
Atty. Emerson requested that the Board consider taking immediate action on the ANR approval. Ms. Stickney noted that the decision deadline is March 9, 2006 and advised the applicants that, assuming the revised plans were submitted as agreed upon, the Board would continue its discussion on this ANR application at its March 6, 2006 meeting.
PUBLIC MEETING: ADMINISTRATIVE SITE PLAN REVIEW – BONGI TURKEY ROOST, 414 KINGSTOWN WAY / BONGI REALTY TRUST
Mr. Wadsworth opened the public meeting at 8:02 PM on this proposed addition to an existing commercial structure of a non-conforming use, and Ms. Scieszka read the public notice and the correspondence list:
§ Administrative Site Plan Review Application, plans and supporting documentation submitted on 1/26/06
§ Cover memo from Seacoast Engineering dated 1/25/06 re: application
§ Memo from Seacoast Engineering dated 1/27/06 re: agreement to extend meeting date beyond required time frame.
§ Memo from Planning Department dated 1/27/06 transmitting copies of plan to various departments, boards and commissions.
§ Notice of DRT Meeting dated 1/31/06 to all depts. for meeting to be held 2/17/06
§ Assessors’ Property card for 414 Kingstown Way
§ Memo from John Bowser (Fire Dept) dated 2/2/06 re: no opposition from Fire Dept.
§ Public Meeting notice advertised in the Duxbury Clipper 2/8/06 & 2/15/06. Also mailed to abutters on 2/07/06
§ Memo from Walter Amory dated 2/15/06 re: peer review
§ Minutes from 2/17/06 Development Review Team
§ Memo from J. Dalrymple dated 2/21/06 re: BOH concerns
§ Memo from J. Shea, Highway Safety committee dated 2/23/06 re: roadway concerns
The applicant, Mr. Thomas Pierce, was present for the discussion, along with Atty. Robert Galvin and engineer, Mr. Paul Brogna. Mr. Walter Amory was also present as the Town’s consulting engineer. Atty. Galvin introduced the project, noting that Bongi’s was a well-established business that had been serving the Town since 1938, and it had been under current family ownership since 1945. He stated that the commercial operation had run out of space and that the family dwelling would need to be relocated in order to build the 1,001 square foot addition.
Mr. Paul Brogna of Seacoast Engineering gave an overview of the plans. He noted that he had been meeting with the Town Planner and Building Inspector for the past 14 months with the goal of making the operation work into the next generation. He also noted that the parcel is a pre-existing non-conforming use, as a commercial operation in a Residential Compatibility zone, although land further to the south is zoned as Neighborhood Business 2. Bongi’s sits on 4.83 acres of land between Kingstown Way and Autumn Avenue at the intersection of Summer Street. He stated that the family had lived in the existing dwelling for many years, and the only direct abutter to their property is another commercial operation, Duxbury Green landscaping business. Four curb cuts currently exist on the property. He said that there are no
wetlands on the site, although a minor issue of seasonal high groundwater needs to be addressed.
Mr. Brogna noted that the existing commercial building has not changed over the years, but that a Title V septic system had been installed in September 2005. He said that the Health Agent has no issues with the proposed septic plans. The purpose of the proposed project is to provide additional freezer and refrigerator spaces, add a new office, and upgrade the electrical services and add utility space.
Mr. Brogna stated that the proposed addition changes the entryway to the building, and recommends that traffic enter through the southerly side and exit to the north. ADA-compliant access is also proposed. He noted that the current parking spaces on the north side of the building are actually located on a lot line to property owned by the Pierce family. Currently 12 parking spaces exist: 5 in front of the family dwelling (which are technically on the abutting property), 3 in front of the building, and 4 to the north of the building. Fifteen parking spaces are proposed: 5 existing spaces, 1 handicap-accessible, and 9 new spaces.
Other comments from Mr. Brogna’s presentation:
§ The owners would like to keep their original sign that has been in place for over 60 years.
§ Nine street lights currently exist on the property, with one more light proposed on the new parking area.
§ The existing dwelling is proposed to be relocated to the south, and Building Inspector Mr. Richard MacDonald has approved the project “by-right.”
§ The owners plan to continue maintaining the current landscaping area in front of the building although it appears to be located on land owned by the Mass. Highway Department.
Mr. Brogna stated that two stormwater drains are proposed for the property. He noted that final stormwater drain plans need to be drafted and that he is consulting with Mr. Amory to resolve the seasonal high groundwater issues.
Mr. Brogna noted that of the four existing curb cuts, all have a 350-foot line of sight, and that the speed limit near Autumn Avenue is 40 mph. He noted that at the Development Review Team meeting between Town departments there had been discussion regarding the number of curb cuts. He stated that he had been working with Ms. Stickney in reviewing traffic flow around the property. Discussion ensued regarding traffic flow, and Ms. Stickney noted that the Fire Department advised that the distance between the relocated dwelling and the brooding house could potentially pose a fire hazard. It was also noted that the existing sign blocks two-way traffic flow in front of the building.
Mr. Wadsworth asked Mr. Amory to present his engineering concerns, and he noted several items pursuant to his memo dated February 15, 2006 that had not already been covered:
§ All existing structures on the adjacent property need to be identified.
§ Existing pavement and gravel coverage should be delineated.
§ A special permit would be required in order for commercial parking spaces to be located on an adjacent lot.
§ From an engineering perspective, there needs to be more exploration of soil conditions, perc tests and seasonal high groundwater.
§ Minor drafting issues need to be resolved.
Mr. Amory also noted that traffic flow is not resolved at this point. Ms. Scieszka asked for Mr. Amory’s recommendation regarding traffic flow, and he suggested eliminating the curb cut in front of the commercial building and relocating the sign to allow a 24-foot, two-way traffic flow in front of the building, which would have the added advantage of emergency vehicle access.
Ms. Stickney raised a concern from the DRT meeting regarding potential nitrogen loading on the property. Mr. Pierce responded that most of their turkeys are raised indoors, and almost all of the manure is removed from the property by truck. Mr. Wadsworth suggested that two exploratory wells should be dug on either edge of the property in order to determine groundwater flow. Ms. Stickney recommended that the applicant speak with Mr. Amory and the Town Water Superintendent. Mr. Al-Zaim asked if the Board should establish a threshold limit, and Ms. Stickney noted that because the property is in the APOD District, it is a concern. Mr. Amory agreed that it was an important issue.
Ms. Scieszka stated the DRT’s concern that some of the buildings on the proposed plan are located over the lot line. Atty. Galvin noted that all the lots in question belong to the applicant. Ms. Stickney referenced a similar case with Bayside Marine and suggested that the Board could request an opinion from the Inspectional Services Department. Mr. Wadsworth requested staff to pursue this.
Issues to be resolved were identified:
§ Redesign parking lot configuration
§ Finalize traffic flow
§ Resolve nitrogen loading issue
§ Confirm zoning on lots
§ Recalculate drainage requirements.
MOTION: Ms. Scieszka made a motion, and Mr. Kimball provided a second, to continue the public meeting for the Administrative Site Plan Review of Bongi’s Turkey Roost / Bongi Realty Trust, 414 Kingstown Way to Monday, April 3, 2006 at 8:00 PM, with a decision deadline extended to April 28, 2006 and materials due to the Planning Board by March 20, 2006. There was no discussion.
VOTE: The motion carried unanimously, 5-0.
A mutual extension form was signed.
ZBA SPECIAL PERMIT RECOMMENDATION – BONGI TURKEY ROOST, 414 KINGSTOWN WAY / BONGI REALTY TRUST
MOTION: Ms. Scieszka made a motion, and Mr. Kimball provided a second, to advise the Zoning Board of Appeals that Bongi’s Turkey Roost is under Administrative Site Plan Review, and that the Planning Board has no comment at this time. There was no discussion.
VOTE: The motion carried unanimously, 5-0.
OTHER BUSINESS
Deer Run Street Acceptance: Ms. Stickney reported that the Board of Selectmen had approved recommendation of the 2006 Annual Town Meeting street acceptance for Deer Run as a public way at its meeting this evening.
Invoice Payment:
MOTION: Mr. Kimball made a motion, and Ms. Scieszka provided a second, to pay invoice #11127 dated February 3, 2006 in the amount of $406.25 to Amory Engineers PC for services related to Bongi’s. There was no discussion.
VOTE: The motion carried unanimously, 5-0.
Meeting Minutes:
MOTION: Ms. Scieszka made a motion, and Mr. Kimball provided a second, to accept the Board meeting minutes of 02/06/06 as amended. There was no discussion.
VOTE: The motion carried unanimously, 5-0.
MOTION: Ms. Scieszka made a motion, and Mr. Kimball provided a second, to accept the Board meeting minutes of 02/13/06 as amended. There was no discussion.
VOTE: The motion carried unanimously, 5-0.
Citizen Planner Training Collaborative Conference: Ms. Scieszka noted that this March 18, 2006 conference included a workshop on mansionization. Ms. Stickney noted that the Planning Department may have funds available for Board members to register. Mr. Wadsworth and Mr. Carver stated their interest in attending and asked staff to register them.
Pratt Circle Homeowners’ Association: Mr. Wadsworth suggested the Board draft a memorandum to the three homeowners advising them of the March 20, 2006 agenda item regarding this subdivision for which lots had been released before the homeowners’ association had been recorded. Board members concluded that the issue should remain between the developer and the homeowners, and not involve the Board.
ADJOURNMENT
The Planning Board meeting was adjourned at 9:43 PM. The next meeting of the Duxbury Planning Board will be held on Monday, March 6, 2006 at 7:30 PM in the Duxbury Town Offices.
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