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 03/27/06
Approved 05/01/06
The Planning Board met in the Town Office Building, Monday, March 27, 2006.
Present: Amy MacNab, Chair; George Wadsworth, Vice-Chairman; Angela Scieszka, Clerk; and Brendan Halligan.
Absent: John Bear, Jim Kimball, Harold Moody, and Associate Member Douglas Carver.
Staff: Christine Stickney, Planning Director; and Diane Grant, Administrative Assistant.
The meeting was called to order at 7:40 PM.
OPEN FORUM
Citizen Planner Training Collaborative Conference: Mr. Wadsworth and Ms. Scieszka reported that they had attended the Advanced Tools and Techniques for Planning and Zoning Conference on March 18, 2006 in Worcester, and attended useful workshops on mansionization and new guidelines for 40B projects.
Swearing In of New Planning Board Member: The meeting was recessed at 7:45 PM so that Board members could attend a portion of the Board of Selectmen’s meeting for the swearing in of newly elected Planning Board member Brendan Halligan, who will serve a five-year term. Harold Moody, who had also been elected to a two-year position on the Planning Board, was unable to attend and will be sworn in by Town Clerk during the coming week. Ms. MacNab congratulated Mr. Halligan and Mr. Moody and commended them for their willingness to serve the Town of Duxbury. The Board returned to business at 7:57 PM.
APPROVAL NOT REQUIRED APPLICATION – SUMMER STREET / KOPLOVSKY
Mr. Stephen Moran was present as the surveyor to represent the applicant. Mr. Moran stated that Mr. Edward Koplovsky owns approximately 25 acres and is proposing to carve out six acres to sell. He stated that this is a straightforward application and the perimeter remains identical to the original.
Ms. Scieszka asked if the landlocked parcel is deed restricted, and Ms. Stickney replied that there is no access. Mr. Moran added that Town land completely surrounds it. Ms. Scieszka asked if there was adequate upland, and Mr. Wadsworth noted that 4.1 acres are upland. Ms. MacNab asked if minor drafting errors had been corrected, and Ms. Stickney replied that they had.
Mr. Wadsworth noted a stream on the plan and stated that a zoned wetland line may pose a conservation issue, and Ms. Stickney added that the applicant will need to file with the Conservation Commission.
MOTION: Ms. Scieszka made a motion, and Mr. Wadsworth provided a second, to endorse the plan of land entitled, “Subdivision plan of land in Duxbury, MA being a subdivision of Land shown on Map 020C Lots 029-011 and 031-000” dated 03/16/06, stamped and signed by Stephen F. Moran, PLS, on 03/23/06 – one sheet, as not requiring approval under subdivision control law. There was no discussion.
VOTE: The motion carried (4-0). The Board signed the approved plan.
CONTINUED PUBLIC HEARING – DELANO / WATER DEPARTMENT, OFF CORDWOOD PATH
Ms. MacNab opened the public hearing at 8:16 PM. Present for the discussion were Town Water Superintendent, Mr. Paul Anderson, and abutter, Ms. Elizabeth Merry. Ms. Scieszka read the correspondence into the public record:
§ Planning Board draft minutes of 03/06/06
§ Mutual Extension Form dated 03/06/06
§ Revised plans dated 03/15/06
§ Draft decision dated 03/27/06.
Ms. Stickney advised the Board that the revised plans reflected a revision so that Lot A contains 207 feet of frontage to meet the required 200 feet requirement. She also noted that an existing driveway had been included with a note of the Book and Deed of the recorded easement. She stated that the Board’s findings would be included in the decision, and that conditions would follow. Ms. Stickney noted that although findings for the waivers are not required, it may be best to include them in the decision for future reference.
Ms. MacNab asked why one of the conditions specified the location as “Off Cordwood Path.” Mr. Wadsworth asked if there was an intention to prohibit defining Lot A after its 99-year lease expired, and Ms. Stickney replied in the affirmative. Ms. MacNab noted that extensive waivers would be granted with this decision, and that it was the intent of ATM 2003 to purchase one parcel of land for two different uses. She suggested removing the reference to “Off Cordwood Path,” and Ms. Stickney responded that she would be concerned with removing that reference since the waivers granted are located off Cordwood Path. Ms. Stickney agreed to consult with Town Counsel, Atty. Robert Troy, regarding this issue.
Mr. Wadsworth asked Mr. Anderson if he had any issues to bring before the Board, and Mr. Anderson replied that he wanted to thank Mr. Wadsworth and Ms. Stickney for their help in completing the application. Ms. MacNab asked Ms. Merry, an abutter, if she had any comments, and Ms. Merry responded that she was happy that reference to the easement was included in the plan, and that she understands now that the Town cannot take the property away from her.
MOTION: Mr. Wadsworth made a motion, and Ms. Scieszka provided a second, to close the public hearing on the Definitive Subdivision Plan entitled, “Compiled Plan – Parcels A, B and C Delano Farm off Cordwood Path, Duxbury, MA” dated 12/06/05, last revision 03/15/06 prepared by Millbrook Survey and stamped by Thomas J. Sullivan (RLS) – 1 sheet.” There was no discussion.
VOTE: The motion carried unanimously, 4-0.
MOTION: Mr. Wadsworth made a motion, and Ms. Scieszka provided a second, to grant an 81R waiver on the Definitive Subdivision Plan entitled, “Compiled Plan – Parcels A, B and C Delano Farm off Cordwood Path, Duxbury, MA” dated 12/06/05, last revision 03/15/06 prepared by Millbrook Survey and stamped by Thomas J. Sullivan (RLS) – 1 sheet.” There was no discussion.
VOTE: The motion carried unanimously, 4-0.
MOTION: Mr. Wadsworth made a motion, and Ms. Scieszka provided a second, to approve the Definitive Subdivision Plan entitled, “Compiled Plan – Parcels A, B and C Delano Farm off Cordwood Path, Duxbury, MA” dated 12/06/05, last revision 03/15/06 prepared by Millbrook Survey and stamped by Thomas J. Sullivan (RLS) – 1 sheet,” with conditions as noted in the Certificate of Notification dated March 27, 2006.
DISCUSSION: Mr. Halligan proposed to remove wording on Condition #3 to say “no further subdivision shall be permitted” rather than “no further subdivision shall be permitted off Cordwood Path,” as the intent is to not have any further subdivision of the property. He stated that, if Town Counsel had any issues with the condition, the Board would need to find a way to ensure that the conditions of the approval would still be applicable. After brief discussion, it was agreed that the wording should state “no further subdivision shall be permitted.”
VOTE: The motion carried unanimously, 4-0. The Board signed the approved plan.
WORKING SESSION OF THE PLANNING BOARD
ZBA Meeting 04/03/06: The Board briefly reviewed three topics they planned to discuss at a future joint meeting with the Zoning Board of Appeals:
1. In the residential compatibility zoning section, the 3% rule (under Coverage) re: building coverage.
2. The issue of endorsement of Comprehensive Plans that create lots and ways for registry recording.
3. Initiatives being considered to address the “McMansion” issue for 2007 Annual Town Meeting.
OTHER BUSINESS
Engineering Invoice:
MOTION: Ms. Scieszka made a motion, and Mr. Wadsworth provided a second, to approve Amory Engineering invoice #11162 dated March 2, 2006 in the amount of $1,516.00 for work related to Bongi’s. There was no discussion.
VOTE: The motion carried unanimously (4-0).
Bay Farm Montessori ASPR: Ms. Stickney advised the Board that an Administrative Site Plan Review application was received in the Planning office today for Bay Farm Montessori Academy, with access off of Bay Road and Parks Street. She noted that the application includes a proposed soccer dome, and that the applicant is exempt from zoning because it is a non-profit school. She stated that due to a conflict of interest with the Town’s consulting engineer who normally would have been assigned, the applicant requested that Mr. Walter Amory be assigned to review the project instead.
Mainstream Engineering: Ms. MacNab advised the Board that she had negotiated with Town consulting engineer, Mr. Thomas Sexton, and had come to an agreement that the rate changes he submitted to the Board in December 2005 would apply only to projects moving forward, and that he would continue to charge the old rates for service related to existing projects.
Consulting Engineer RFP: Ms. Stickney noted that she is working on a Request for Proposal for the Board to procure additional consulting engineers.
Blue River Montessori School: Ms. Stickney noted that she had received inquiries from Board members about this proposed new school on Temple Street. She stated that the owner had obtained a permit to build a garage, and the Inspectional Services Department had discovered that the owner appeared to have built a full basement beneath the garage as well. She further stated that no permit had been granted for this school and no occupancy permit had been granted at this time. Ms. Scieszka stated that an Administrative Site Plan Review should be submitted for parking, safety, and dimensional requirements.
Senior Center Parking Expansion: Board members questioned the site work that has been going on at the Senior Center on Mayflower Street, with clearing and grading in anticipation of future parking lot expansion. Ms. Stickney stated that the Senior Center design was voted on at 1999 Annual Town Meeting (ATM), and funding for construction was approved at 2000 ATM.
Ms. Stickney stated that staff is researching whether the proposed additional parking site was included in the original design. Ms. MacNab recalled that there may have been a range of area delineated at ATM rather than a site plan, with an intention to return any unused land to the Town. She also noted that no lot lines have been drawn. Mr. Wadsworth suggested that perhaps a subdivision plan should have been submitted. Ms. Scieszka asked if plans had been submitted to the Town Clerk’s office and Ms. Stickney replied that they had not been found as of yet. Ms. Stickney added that Council on Aging Director, Ms. Joanne Moore, agreed to submit an Administrative Site Plan Review (ASPR) application if needed. Mr. Wadsworth and Ms. MacNab stated that an ASPR should be filed. Mr. Wadsworth noted that drainage may be an
issue, and that it would be in the Town’s best interest to determine if drainage calculations were needed. Ms. MacNab added that an ASPR would allow abutters an opportunity to learn more about the proposed plans and to have any questions or concerns answered.
Ms. Stickney noted that the current lot lines include the Town Cemetery, and asked if the cemetery should be included in an ASPR site plan. Ms. Scieszka stated that the lot lines need to be delineated if they haven’t already been. Ms. Stickney asked if an ANR should be filed, and Ms. MacNab agreed that it should if appropriate.Ms. MacNab suggested that the ASPR fee of $5,000.00 could be waived and, if required, drainage calculations or any other minor engineering issues could be billed and paid for as needed. Mr. Wadsworth advised that traffic plans should be included.
Meeting Minutes:
MOTION: Ms. Scieszka made a motion, and Mr. Halligan provided a second, to accept the Board meeting minutes of 03/06/06 as amended.
DISCUSSION: Mr. Wadsworth stated that the meeting minutes are too long, and that shorter minutes would be preferred.
VOTE: The motion carried unanimously, 4-0.
ZBA Decisions: The Board noted that decisions were reached by the ZBA on applications for 353 Washington Street/Pratt (granted with conditions) and 36 Landing Road/Scott (granted with conditions).
Coalition for Zoning Reform: The Board reviewed copies of an on-line update on proposed zoning amendments, and Ms. Stickney advised the Board that the latest version is available at the Massachusetts APA web site. She noted that the revamping of the Community Preservation Act is under consideration, because the registry is not receiving funds to make a complete match. Mr. Wadsworth noted that at a recent Citizens as Planners Training Conference he learned of a proposed plan to tie everything into the comprehensive plan, and ultimately may lead to European-type planning with high density of population near the center of a town.
Land Use Group: Ms. Scieszka asked if the focus of the Land Use Group has changed, and Ms. Stickney replied that she would check into the matter.
Duxbury Estates / Summer Street Planned Development (PD): Ms. MacNab noted an application filed through the ZBA for this PD, which would be the first in the Town of Duxbury since 1986. She stated that the applicant could have submitted a preliminary plan to the Planning Board, but instead the applicant chose to submit a definitive plan to the ZBA. Ms. Stickney advised the Board that the ZBA deemed the application incomplete, which has frozen the time clock until the additional items are submitted. Mr. Wadsworth stated that the ZBA should try a cooperative approach with the developer.
Ms. MacNab expressed a concern with a difference in approach between the ZBA and the Planning Board working with applicants. She noted that the ZBA conducts informal meetings with applicants outside of their public meetings, and that she has a concern that Planning Board members may be asked to attend a meeting with the applicant outside of a public hearing, an approach not practiced by the Planning Board. She added that to avoid the appearance of impropriety, it might be best to utilize staff for these types of meetings. Mr. Wadsworth noted that the ZBA assigns sub-committees to work with applicants to avoid drawing out the application process.
Ms. MacNab noted that the ZBA has an escrow budget of $3,500.00 and that, with a PD application, the ZBA allows the Planning Board access to those funds. She stated that the application review will require a peer review by a landscape architect and design professional, and that the ZBA prefers that the Planning Board choose the professional review team. Ms. Stickney expressed a concern that $3,500.00 may not be enough to cover the review.
ADJOURNMENT
The Planning Board meeting was adjourned at 9:05 PM. The next meeting of the Duxbury Planning Board will be held on Saturday, April 3, 2006 at 8:00 AM in conjunction with Annual Town Meeting at the Performing Arts Center.
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