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 02/26/07
Approved May 14, 2007
The Planning Board met in the Duxbury Town Offices on Monday, February 26, 2007 at 7:30 PM.
Present: George Wadsworth, Vice-Chairman; Angela Scieszka, Clerk; Brendan Halligan,
Jim Kimball, and Harold Moody.
Absent: Amy MacNab, Chairman; John Bear; Associate Member Douglas Carver;
and Christine Stickney, Planning Director.
Staff: Diane Grant, Administrative Assistant.
Mr. Wadsworth called the meeting to order at 7:30 PM.
OPEN FORUM
West Bay Landing LIP Proposal, off Soule Avenue: Ms. Scieszka advised the Board that she would be leaving tonight’s Planning Board meeting in order to attend, as a Local Housing Partnership member, a presentation of the West Bay Landing proposed Local Initiative Project to the Board of Selectmen by Mr. Chafik Hamadeh.
Community Preservation Committee (CPC) Proposal for Artificial Turf for School Athletic Fields: Mr. Wadsworth reported that the CPC approved sending the artificial turf proposal to Annual Town Meeting for the amount of $770,000.00. He reported that the proposal would require a 2-to-1 match, with no CPC funds generated until the Town receives the applicants’ portion. There had been a question of whether an easement would need to be granted for the property from the School Department to the CPC, but Town Counsel had determined that it would not be required. With the easement, a two-thirds vote would have been required at Annual Town Meeting, and without the easement, a simple majority would be required.
Ms. Scieszka stated that the original intent of the Community Preservation Act (CPA) was to purchase open space for walking trails, with recreational use incidental. Mr. Kimball asked about any state oversight of the CPA, and Mr. Wadsworth responded that the Department of Revenue’s web site indicates that CPA funds should not be spent for this type of project. He stated that one or two turf fields have been constructed using CPA funds. A third has been approved but is now in litigation, and a fourth had a vote reversed.
(Ms. Scieszka departed the meeting at this point to attend a portion of the Board of Selectmen’s meeting.)
CONTINUED PUBLIC MEETING: ADMINISTRATIVE SITE PLAN REVIEW, DUXBURY YACHT CLUB MAINTENANCE BUILDING / HARRISON STREET
Present for the discussion representing the applicant were Mr. Shawn Dahlen and Mr. Lyon Carter. Town Consulting Engineer, Mr. Thomas Sexton of Mainstream Engineering was also present. Mr. Dahlen stated that Mr. Sexton had met with the project’s landscape engineer, Mr. Freeman Boynton, and made plan revisions on three major levels: 1) adding specifics to the site plan, 2) addressing the design-engineer drainage issue, and 3) verbiage correction to a follow-up letter.
Mr. Dahlen stated that all outstanding issues have now been addressed with the exception of the spill control plan. He noted that his letter of February 16, 2007 stated that all hazardous materials would be stored in an outdoor pod, and anticipated that this approach would be adequate. Mr. Sexton stated that the applicants also need to provide for employee education and training regarding the handling and storage of hazardous materials, as well as emergency spill response procedures. He suggested that this provision could be included in conditions of the Board’s decision.
Mr. Sexton also noted that issues remain regarding drainage, noting that drainage calculations do not model the predevelopment conditions for comparison with post-development. He stated that conditions could address this issue as well, if the Board chooses.
Mr. Wadsworth asked about storage of hazardous materials, and Mr. Dahlen stated that liquid fertilizers would be stored in 55-gallon containers. He stated that they have nine drums and have never used that quantity. Mr. Dahlen stated that most chemicals they would use would be dry, not liquid. Examples of liquids would be cleaning agents and maintenance agents. Mr. Wadsworth confirmed with Mr. Dahlen that the building would not be used as a storage facility and that chemicals would be stored in container pods as they currently are. Mr. Sexton stated that he was satisfied with the storage proposed, and suggested that the Board consider including conditions and following up with an as-built plan.
Mr. Halligan asked about the Fire Department’s recommendation that a fire alarm system be installed, and Mr. Dahlen replied that they fully intend to install per the Fire Department’s recommendation. Mr. Halligan asked if sensor lights would be installed to address an abutter’s concerns, and Mr. Dahlen stated that he had met with the abutter and assured him that motion sensors would be installed. Mr. Dahlen noted that lighting plans were included on the site plan, and Mr. Sexton noted that they were basically using flood lights.
Mr. Wadsworth asked Mr. Dahlen if he was aware that a special permit may be required regarding use of the building. Mr. Dahlen replied that it is unclear whether a special permit would be required or not, noting that Director of Inspectional Services, Mr. Scott Lambiase, is seeking an opinion from the Zoning Board of Appeals. Mr. Wadsworth advised Mr. Dahlen that in similar cases, Town Counsel has stated that uses are exempt but locations are not, and noted that maintenance is not an exempt use.
Mr. Sexton recommended that the Board consider including suggested waivers from his February 22, 2007 letter. Mr. Dahlen noted that the engineer will stake the trees that are proposed to be cleared. Mr. Wadsworth asked if the site is located in a flood hazard area, and Mr. Sexton responded that the area under discussion is not. Mr. Wadsworth asked if the parking lot would be paved right up to the building, and Mr. Dahlen replied that it would, just as it is now. Mr. Wadsworth asked if the proposed parking width is adequate, and Mr. Sexton responded that it was.
MOTION: Mr. Moody made a motion, and Mr. Halligan provided a second, to accept waivers numbered 1 through 10 in a letter from Mainstream Engineering, Inc. dated February 22, 2007 for administrative site plan review for Duxbury Yacht Club maintenance building off of Harrison Street. There was no discussion.
VOTE: The motion carried unanimously, 4-0.
MOTION: Mr. Kimball made a motion, and Mr. Moody provided a second, to continue the public meeting regarding administrative site plan review for the Duxbury Yacht Club maintenance building located off of Harrison Street until Monday, March 19, 2007 at 7:45 PM. There was no discussion.
VOTE: The motion carried unanimously, 4-0.
Mr. Dahlen and the Board signed a mutual extension form.
CONTINUED PUBLIC HEARING ON WARRANT ARTICLES FOR ANNUAL TOWN MEETING 2007
Mr. Wadsworth opened the public hearing at 7:20 PM.
Article 34 – Amendment to Zoning Map (Rezone): Rezone Bongi’s Turkey Roost, 414 Kingstown Way
Mr. Wadsworth invited public comment. Mr. James Lampert, chairman of the Zoning Board of Appeals (ZBA), asked what would be the expected improvement from rezoning. He also noted that if the parcel was rezoned, it would significantly increase the number of potential uses for the property. He questioned if the Town really wants another business center. He asked what the business owner wants to do with the property that he currently cannot do. Mr. Kimball noted that the owner, Mr. Thomas Pierce, had stated that the rezoning was requested as part of a bank loan financing. Mr. Kimball stated that the business is not properly zoned at the current time. Mr. Halligan noted that if the business would happen to fail in the future, the bank would be stuck with a turkey farm and no other potential business use allowed. Mr. Lampert
questioned if the proposed amendment is in the Town’s best interest.
Mr. Halligan noted that the property has frontage on Autumn Avenue, a residential area. Mr. Moody stated that he would prefer if the Autumn Avenue frontage were eliminated.
MOTION: Mr. Kimball made a motion, and Mr. Halligan provided a second, to close the public hearing for Annual Town Meeting Warrant Article #34, rezoning of Bongi’s Turkey Roost at 414 Kingstown Way. There was no discussion.
VOTE: The motion carried unanimously, 4-0.
Mr. Moody noted that although the applicant’s intentions were honorable, the Board needs to consider the needs of the Town. Mr. Wadsworth stated that the article requires a two-thirds vote at Annual Town Meeting. If the article fails it could not be resubmitted for two years. Mr. Kimball stated that he did not see a Town benefit to recommending the article. Mr. Halligan stated that he was leaning toward not taking a position, and Mr. Kimball agreed, noting that Town Meeting could decide. Mr. Halligan stated that he had reservations regarding unseen possibilities with rezoning. Mr. Kimball noted that the intersection is already difficult for traffic. Mr. Wadsworth agreed that access off of Route 53 is a concern. Mr. Moody agreed, noting that the parcel area is over an acre in size. Mr. Wadsworth stated that rezoning
could create a negative situation on a dangerous corner. He said that he believes the article needs more work, including a possible reduction in lot size.
MOTION: Mr. Moody made a motion, and Mr. Kimball provided a second, not to support Annual Town Meeting warrant article #34 regarding proposed rezoning of Bongi’s Turkey Roost, 414 Kingstown Way from Residential Compatibility and Planned Development 1 to Neighborhood Business 1. There was no discussion.
VOTE: The motion carried, 3-1, with Messrs. Kimball, Moody and Wadsworth voting for, and Mr. Halligan voting against.
Article 33 – Amendment to Zoning Bylaw Regarding Determination of Suitability of Residential Piers and Input from Conservation Commission
Mr. James Lampert, Chairman of the Zoning Board of Appeals (ZBA), stated that the Zoning Bylaws currently do not refer to the Conservation Commission reviewing the shortest distance from the salt marsh to a proposed pier. He recommended striking that portion of the amendment because of potential safety and navigational issues and added that otherwise, the ZBA is in favor of the amendment.
MOTION: Mr. Halligan made a motion, and Mr. Kimball provided a second, to recommend approval of Annual Town Meeting Article 33 regarding an amendment to the Zoning Bylaws regarding determination of suitability of residential piers and input from the Conservation Commission. There was no discussion.
VOTE: The motion carried unanimously, 4-0.
Article 29 – Amendment to Zoning Bylaws Regarding Information to be Submitted and the Time of Submission for Planned Developments
Ms. Scieszka returned to the Board meeting at this point. Mr. Wadsworth noted that there is an issue outstanding regarding the legality of the proposed amendment. Mr. Lampert, chairman of the Zoning Board of Appeals (ZBA), stated that when the Planned Development district was originally proposed at Annual Town Meeting in 1973, preliminary submission was approved by residents as mandatory but not approved by the Attorney General. He noted that the ZBA supports the article. He advised the Board that Town Counsel, Atty. Robert S. Troy, is looking into the matter.
Ms. Scieszka noted that with a mandatory preliminary process, the time clock starts and ends before the final approval process begins and ends. She stated that subdivisions and cluster zoning requires preliminary approval already. Mr. Kimball noted that there is no downside to submitting the amendment to the Attorney General. Ms. Scieszka agreed that it may help resolve the issue one way or the other. Mr. Halligan suggested continuing the public hearing for Town Counsel response.
MOTION: Ms. Scieszka made a motion, and Mr. Halligan provided a second, to continue the public hearing regarding Annual Town Meeting article #29, an amendment to the Zoning Bylaws regarding information to be submitted and the time of submission for Planned Developments, to Monday, March 5, 2007 at 8:15 PM. There was no discussion.
VOTE: The motion carried unanimously, 5-0.
Article 28 – Amendment to Zoning Bylaw Regarding the Definition of Coverage
Mr. James Lampert, chairman of the Zoning Board of Appeals (ZBA), stated that there is no clear consistency between the ZBA and Conservation Commission understanding of this definition, especially regarding overhangs. Mr. Kimball noted that current Zoning Bylaws allow up to 15 percent lot coverage, noting a cantilevered roof could be constructed on all sides. He recommended indefinitely postponing the article, and Mr. Moody agreed.
MOTION: Ms. Scieszka made a motion, and Mr. Kimball provided a second, to close the public hearing regarding Annual Town Meeting Article 28, a proposed amendment to Zoning Bylaws regarding the definition of coverage. There was no discussion.
VOTE: The motion carried unanimously, 5-0.
MOTION: Mr. Kimball made a motion, and Ms. Scieszka provided a second, to recommend indefinite postponement of Annual Town Meeting Article 28, a proposed amendment to Zoning Bylaws regarding the definition of coverage. There was no discussion.
VOTE: The motion carried unanimously, 5-0.
Article 27 – Adoption of Amended 2007 Zoning Maps (Seven Sheets Total), along with References to Zoning Maps in Protective Zoning Bylaws
Mr. Wadsworth noted that resident, Ms. Ruth Rowley of 546 Washington Street, has an issue with this article but is unable to be at tonight’s meeting. He stated that Ms. Rowley notes that the zoning maps are being updated to reflect a base map created by Greatwall GIS with no reference to which amendments are being made from the current zoning maps.
MOTION: Mr. Moody made a motion, and Mr. Kimball provided a second, to close the public hearing regarding Annual Town Meeting warrant article #27, adoption of amended 2007 zoning maps (seven sheets total), along with references to zoning maps in the Protective Zoning Bylaws. There was no discussion.
VOTE: The motion carried unanimously, 5-0.
MOTION: Mr. Kimball made a motion, and Mr. Moody provided a second, to recommend approval of Annual Town Meeting warrant article #27, adoption of amended 2007 zoning maps (seven sheets total), along with references to zoning maps in the Protective Zoning Bylaws. There was no discussion.
VOTE: The motion carried 4-0-1, with Ms. Scieszka abstaining.
Planning Board Recommendation on Other Annual Town Meeting Warrant Articles
Article 13 regarding GIS Rovolving Account Authorization
MOTION: Mr. Kimball made a motion, and Mr. Halligan provided a second, to recommend approval of Annual Town Meeting warrant article #13 regarding GIS revolving account authorization. There was no discussion.
VOTE: The motion carried unanimously, 5-0.
Article 24 – Street Acceptances of Hillside Lane and Amado Way
MOTION: Ms. Scieszka made a motion, and Mr. Moody provided a second, to recommend approval of Annual Town Meeting warrant article #24 regarding acceptance of layouts as public ways for Hillside Lane and Amado Way . There was no discussion.
VOTE: The motion carried unanimously, 5-0.
Article 17 – Community Preservation Committee (CPC) Funding of Construction and Bid Documents for Historic Restoration of the Tarkiln Community Center, Summer Street.
Mr. Wadsworth noted that the Historical Commission has requested Planning Board support for this article. Ms. Scieszka stated that although it is an excellent project, she does not believe it should be funded by the CPC. Mr. Kimball noted that it is an historically significant building, and Ms. Scieszka stated that the Town should have maintained it. She stated that too many CPC funds are going toward historic preservation and instead of open space.
Mr. Wadsworth noted that the Girl Scout House is the only other historic building that may potentially require restoration funding. He stated that the projected cost of the article is $125,000.00. Mr. Halligan noted that the project total will come closer to $1.5 million. Mr. Wadsworth pointed out that these funds would go toward administrative site plan review for the project, and stated that ten percent of CPC funds are required to be spent on historic preservation. He added that the CPC has determined that this project represents historic restoration, not maintenance. Mr. Kimball stated that the Town should save every historic building possible in order to preserve the historic nature of the Town.
Mr. Moody suggested that the Board consider not voting on the article. Mr. Halligan stated that he is in favor of the article because the building is of historic significance, and the Town is getting a lot of use out of the building.
MOTION: Mr. Kimball made a motion, and Mr. Halligan provided a second, to recommend approval of Annual Town Meeting warrant article #174 regarding Community Preservation Committee (CPC) funding of construction and bid documents for historic restoration of the Tarkiln Community Center, Summer Street. There was no discussion.
VOTE: The motion carried 3-2, with Mr. Moody and Ms. Scieszka voting against.
Article 16 – Community Preservation Committee (CPC) Funding of Two Synthetic Athletic Fields at the Ellison High School Chandler Field and the Duxbury Middle School Football Field
MOTION: Ms. Scieszka made a motion, and Mr. Kimball provided a second, to recommend that the Planning Board not support Annual Town Meeting warrant article #16 regarding Community Preservation Committee (CPC) funding of two synthetic athletic fields, at the Ellison High School Chandler Field and the Duxbury Middle School football field. There was no discussion.
VOTE: The motion carried unanimously, 5-0.
OTHER BUSINESS
Amado Way Road As-Built Plan Endorsement: The Board signed the plans for which As-Built approval had been previously voted.
West Bay Landing Local Initiative Project (LIP), off Soule Avenue: Ms. Scieszka reported on a presentation she had attended earlier that evening at a Board of Selectmen meeting regarding this proposed LIP project. She noted that the Local Housing Partnership had sent a letter of support for the affordability component of this proposed LIP. Ms. Scieszka stated that LIPs are usually supported by the community, and she does not believe this project represents an appropriate use of the land.
ADJOURNMENT
The Planning Board meeting was adjourned at 9:55 PM. The next meeting of the Board will take place on Monday, March 5, 2007 at Town Hall, Small Conference Room, lower level.
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