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04/02/07 Meeting Minutes

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    04/02/07     
Approved June 4, 2007
        
The Planning Board met in the Duxbury Town Offices on Monday, April 2, 2007 at 7:30 PM.

Present:        Amy MacNab, Chairman; George Wadsworth, Vice-Chairman; Angela Scieszka, Clerk;
John Bear, Brendan Halligan, Jim Kimball, and Harold Moody.

Absent: Associate Member Douglas Carver; and Christine Stickney, Planning Director.

Staff:          Diane Grant, Administrative Assistant.


Ms. MacNab called the meeting to order at 7:32 PM.

OPEN FORUM
West Bay Landing Proposed Local Initiative Program (LIP): Ms. MacNab noted that although the Planning Board had requested that the Board of Selectmen re-schedule their decision on this LIP project proposed off of Soule Avenue, the chairman of the Board of Selectmen, Mr. Andre Martecchini, has decided to keep the schedule as is. Therefore, because of their own scheduled meeting, Planning Board members will be unable to attend the Board of Selectmen discussion on this topic. Ms. MacNab noted that the Board of Selectmen has requested the Planning Board’s input. Ms. Scieszka questioned how the Board could review plans that had not been presented to them yet. Ms. MacNab agreed.

Mr. Wadsworth asked if the Local Housing Partnership had endorsed the West Bay Landing project, and Ms. Scieszka stated that they had, but had focused their review on the affordability component. They had approved the applicant’s proposal for 35 percent affordable units.

Ms. MacNab noted that other towns have LIP guidelines in place that provide criteria for review. Ms. Scieszka asked what restrictions the Zoning Board of Appeals (ZBA) would have as grantor of the comprehensive permit. Mr. Halligan noted that at a Development Review Team meeting, nearly all Town Departments had material issues with the plans presented. Ms. Scieszka stated that typically LIPs have criteria and community support. Ms. MacNab noted that the Board could choose to comment or choose to notify the Board of Selectmen that there was not enough time allotted for Planning Board review.

Later in the meeting, discussion continued. Mr. Wadsworth recommended that the Board should recommend conditions to empower the Zoning Board of Appeals in their comprehensive permit review. Mr. Halligan noted that without Planning Board review, the Board of Selectmen would be making an uninformed opinion.

Mr. Halligan suggested that the Planning Board go on record advising the Board of Selectmen that the Planning Board is interested in reviewing the proposed LIP project. Mr. Wadsworth noted that the LIP process is fairly new and unique. He stated that the process needs to be formalized in order to protect the Town. Ms. MacNab stated her concern with pointing out some conditions while overlooking others because of time constraints for review with this application.

Mr. Halligan suggested that the Planning Board send a letter to the Board of Selectmen advising them that the Planning Board was not provided adequate time to review the proposed site plans. Ms. MacNab added that the Board urges the Board of Selectmen to adopt criteria for LIPs as well as safeguards.

Community Preservation Committee (CPC): Ms. Patricia Loring, chairman of the CPC, stated that she was present to speak regarding the impact of the Board’s recent decision to change their representative to the CPC. She explained that the CPC is a unique board because each representative brings a different set of unique skills. Mr. Wadsworth, the current Planning Board representative to the CPC, possesses a great deal of knowledge about groundwater and groundwater resources. In addition, due to a recent controversial proposal, the CPC has launched a goal to develop a set of policies and procedures for reviewing applications. As the longest-standing representative to the CPC, Mr. Wadsworth brings a great deal of history to the position and could provide valuable insight to developing policies and procedures. She stated that, while the CPC respects the Board’s interest in changing representatives, she requests that the Board reconsider its decision.

Ms. Scieszka stated that nothing would preclude Mr. Wadsworth from attending future CPC meetings to participate fully in discussions as an audience member. Ms. Loring pointed out that Mr. Wadsworth would not be able to vote as an audience member. Ms. MacNab noted that Mr. Wadsworth will be able to serve out his term until June 30, 2007, which may allow time for the CPC to finalize their policies and procedures.

Ms. Loring stated that she wanted the Board to understand the significant impact it will have on the CPC without Mr. Wadsworth as a member. Ms. MacNab stated that, although the Board appreciates the time that Mr. Wadsworth served as a member of the CPC, it was the Board’s consensus to make a change. She thanked Ms. Loring for her input.


CONTINUED PUBLIC MEETING, ADMINISTRATIVE SITE PLAN REVIEW:
MILLBROOK CROSSING, SILVIA & SILVIA ASSOCIATES / RAILROAD AVENUE
Ms. MacNab opened the public meeting at 7:45 PM and noted that the applicant had signed a mutual extension form requesting to continue the public meeting to a later date.

MOTION: Mr. Halligan made a motion, and Ms. Scieszka provided a second, to continue the public meeting for administrative site plan review for Millbrook Crossing / Silvia & Silvia Associates on Railroad Avenue until May 21, 2007 at the applicant’s request, with revised plans and materials due by May 7, 2007, and a decision deadline of June 21, 2007. There was no discussion regarding the motion.

VOTE: The motion carried unanimously, 7-0.


OTHER BUSINESS
Because it was not yet time for the next public meeting, the Board addressed other business.

Engineering Invoice:
MOTION: Mr. Kimball made a motion, and Mr. Halligan provided a second, to pay Mainstream Engineering invoice #20880 dated January 31, 2007 in the amount of $659.50 for services related to the Song Sparrow subdivision. There was no discussion.

VOTE: The motion carried unanimously, 7-0.


Open Space Committee: Ms. MacNab noted a memo dated March 22, 2007 from Ms. Paula Harris and Mr. Scott Zoltowski, co-chairs of the Open Space and Recreation Committee, seeking a Planning Board representative to the committee. Mr. Moody volunteered to serve.

MOTION: Ms. Scieszka made a motion, and Mr. Bear provided a second, to nominate Mr. Harold Moody to serve as Planning Board representative to the Open Space and Recreation Committee. There was no discussion.

VOTE: The motion carried unanimously, 7-0.


Duxbury Estates Planned Development Fee in Lieu of Affordable Housing: Ms. MacNab noted a memorandum dated March 23, 2007 from Planning Director, Ms. Stickney, to Deputy Assessor, Mr. Dick Finnegan, requesting his assistance in determining the fee that the applicants must pay in lieu of providing affordable housing units with their Planned Development project that was recently approved by the Zoning Board of Appeals. The Town of Duxbury’s Inclusionary Housing Bylaw (ZBL Section 560) states that applicants who choose not to include affordable housing units must make payments to the Town’s Affordable Housing Fund, and the requirement for this applicant was included in their recent ZBA decision.

Ms. MacNab noted that the fee should be assessed effective the date of approval. Ms. Scieszka noted that in reviewing comparable real estate prices, single family homes would provide a reasonable basis of comparison. Mr. Bear noted that no condominiums have been built in the Town of Duxbury in the past three years. Mr. Moody noted that Town Counsel may need to review the fee calculation as well. Mr. Wadsworth and Ms. MacNab stated that they did not believe Town Counsel review was necessary.


Planning Board Associate Member: In reviewing an updated Planning Board contact list, Mr. Bear noted that an Associate Member is listed, Mr. Douglas Carver. Ms. MacNab noted that Mr. Carver’s term of appointment expires on July 12, 2007. She stated that with the recent adoption of the Mullen Rule at Annual Town Meeting in March, an Associate Board member will not be needed by the Planning Board.


Meeting Minutes:
MOTION: Mr. Wadsworth made a motion, and Mr. Bear provided a second, to approve meeting minutes of January 22, 2007 as amended. There was no further discussion.

VOTE: The motion carried unanimously, 7-0.


CONTINUED PUBLIC MEETING, ADMINISTRATIVE SITE PLAN REVIEW:
766 TEMPLE STREET / INDUSTRIAL TOWER AND WIRELESS LLC
Ms. MacNab opened the public meeting at 8:00 PM and noted that the applicant had submitted a letter dated March 14, 2007 requesting to continue the public meeting to a later date because of health issues related to the applicant’s attorney.

MOTION: Mr. Halligan made a motion, and Ms. Scieszka provided a second, to continue the public meeting for administrative site plan review for 766 Temple Street / Industrial Tower and Wireless LLC until June 25, 2007 at the applicant’s request, with revised plans and materials due by June 11, 2007 and a decision date of July 25, 2007. There was no discussion regarding the motion.

VOTE: The motion carried unanimously, 7-0.


ZBA REFERRAL: 71 OCEAN ROAD NORTH, GURNET ROAD / HUMMOCK, LLC
Ms. MacNab noted that Ms. Stickney recommends tabling the Board’s recommendation until a later date to allow staff time to conduct additional planning research relative to the issue of an 81L approval and razing the “pre-existing” structure. Ms. Scieszka noted that the plans presented were lacking in information such as lot dimension. Ms. MacNab noted that lot size and location need to be clarified as well. Mr. Wadsworth noted that the plans were stamped by Mr. Orwig, who is a landscape architect, not a surveyor. Ms. MacNab pointed out that some sheets had been stamped by a surveyor. Ms. Scieszka stated that the plans appear to be outdated as well.

Ms. MacNab suggested that the Board read the Norton case on Tremont Street in Duxbury, for which the Board approved an ANR plan. The applicant’s building permit was then denied because of infectious invalidity because the non-conformity would increase. Ms. MacNab noted that the application currently before the Board was very similar, because approving an ANR would create five non-conforming lots that most likely would not be eligible for building permits.

Mr. Halligan noted that an eroded seawall is located behind the property which creates neighborhood flooding from time to time. He stated that the plans appear to show that the land will be built up.

Ms. MacNab noted that the Board had endorsed an ANR for this property on March 6, 2006. Mr. Kimball stated that the Board created 81L lots with this ANR. He asked if the applicants had come before the Planning Board or Zoning Board of Appeals (ZBA) in 2004, and Ms. Scieszka replied that they had created the lotting lines in 2004.

Board members reviewed the ANR plans that were signed by them on March 6, 2006. Ms. MacNab noted that the lot lines appeared different than shown on the current ZBA plans. She recommended that Town Counsel, Atty. Robert Troy, be consulted. Ms. MacNab stated that the application should not have been accepted by the ZBA because it had not been stamped by a surveyor or engineer. Mr. Halligan agreed that it was an unacceptable submission. It was agreed to continue the discussion at next week’s Board meeting.


ADJOURNMENT
The Planning Board meeting was adjourned at 9:10 PM. The next meeting of the Board will take place on Monday, April 9, 2007 at 7:30 PM at Duxbury Town Offices, Small Conference Room, Lower Level.