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05/21/07 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    05/21/07     
Approved August 6, 2007
        
The Planning Board met in Duxbury Town Offices, Small Conference Room, lower level on Monday, May 21, 2007 at 7:30 PM.

Present:        George Wadsworth, Vice-Chairman; Brendan Halligan, Clerk; John Bear, and
Harold Moody.

Absent: Amy MacNab, Chairman; Jim Kimball; Angela Scieszka; and Associate Member
Douglas Carver.

Staff:          Christine Stickney, Planning Director; and Diane Grant, Administrative Assistant.


Mr. Wadsworth called the meeting to order at 7:32 PM. There were no Open Forum items.


DISCUSSION WITH OPEN SPACE COMMITTEE REPRESENTATIVE:
OPEN SPACE PLAN AND COMPREHENSIVE PLAN GOALS REVIEW
Open Space Plan Goals: Ms. Pat Loring from the Open Space Committee was present for the discussion. She noted that the Open Space Plan is being updated for 2007. She needs from the Board a list of accomplishments from the past five years, and also a listing of the Board’s goals for the next five years. Ms. Loring noted that Mr. Moody will be appointed to serve as a Board representative on the Open Space Committee, and reported that he had attended their meeting last week. She stated that she hoped to have information from the Board by the end of June.

Ms. Loring asked which issues the Board would list, and Mr. Wadsworth replied that mansionization is an issue evidenced by the intensive use of smaller lots. Ms. Loring asked if the Board is involved with stormwater management, and Mr. Wadsworth responded that a stormwater management draft bylaw exists but has not yet been adopted by the Town. She noted that it is an important part of protecting the bay.

Ms. Stickney asked if the timing would allow the Board to review draft goals at their June 11, 2007 meeting, and Ms. Loring said the document should be submitted to Mr. Moody or Mr. Joe Grady, Conservation Administrator.

Comprehensive Plan Goals Update: Ms. Loring stated that while the Open Space Plan is being updated, Ms. Stickney had suggested that the Open Space section of the Comprehensive Plan could be reviewed as well. She asked if the Board is considering updating the Comprehensive Plan, and Mr. Wadsworth replied that the Board does not have funding at this time which he estimated at $150,000. He stated that he felt the Board would not update the plan until closer to the next census date of 2010.

CONTINUED PUBLIC MEETING, ADMINISTRATIVE SITE PLAN REVIEW: MILLBROOK CROSSING, SILVIA & SILVIA / RAILROAD AVENUE
Atty. David Delaney, representing the applicants, had submitted a letter on May 11, 2007 requesting extension of the Administrative Site Plan Review for this project in order for the applicants to resolve septic issues with the Board of Health.

MOTION: Mr. Halligan made a motion, and Mr. Moody provided a second, to continue the Administrative Site Plan Review of Millbrook Crossing, Railroad Avenue until June 25, 2007, with revised plans and materials due June 11, 2007 and a decision date of July 25, 2007. There was no discussion of the motion.

VOTE: The motion carried unanimously, 4-0.


AS-BUILT APPROVAL: 21 CHESTNUT STREET / GRIFFIN
Ms. Stickney noted that Town consulting engineer, Mr. Walter Amory, still has five remaining issues that require attention. He recommends that the Planning Board hold $1,000.00 in surety funds to assure that the outstanding items will be resolved. As-Built approval would allow the owners to apply for a temporary certificate of occupancy. The surety funds would be released when all work is completed and voted by the Board.

MOTION: Mr. Halligan made a motion, and Mr. Bear provided a second, for the Planning Board to retain $1,000.00 in surety funds toward the completion of 21 Chestnut Street. Upon receipt of surety funds, the Planning Board authorizes the issuance of a temporary occupancy permit.

DISCUSSION: Mr. Moody asked if the Planning Board has the funds already, and Ms. Stickney replied that the applicant would need to submit the $1,000.00 surety funds.

VOTE: The motion carried unanimously, 4-0.


ZBA REFERRAL: 408 BAY ROAD / FANTONI
No one was present to represent this special permit application to raze an existing one-story dwelling and construct a new two-story dwelling on a pre-existing non-conforming lot. Ms. Stickney noted that the site has conservation issues and suggested that it may be premature to seek a special permit until the conservation issues are resolved.

Mr. Bear noted that the application stated that septic plans had been approved, and Ms. Stickney stated that the approved septic plans were for a different design performed by Webby Engineers. Mr. Halligan noted that a fifty-foot buffer is required but the current plans show only 38 feet. Mr. Moody confirmed with Ms. Stickney that the height appears to be 30 feet. Mr. Bear asked about site coverage and Ms. Stickney noted that a 2’ x 13’ overhang on the first and second floors should be counted toward coverage.

Ms. Stickney noted that the proposed dwelling may encroach upon a neighbor’s property. Mr. Halligan reported that he walked the site recently and it does not appear that the currently dwelling can be occupied because it has cardboard over the windows. He noted that at .07 acres, the lot is extremely small. He noted that the driveway appears to cut across Town-owned land.

MOTION: Mr. Halligan made a motion, and Mr. Moody provided a second, that the Planning Board recommends denial of the Zoning Board of Appeals special permit for 408 Bay Road because the applicants’ petition with the ZBA appears premature in that the proposal cannot meet Conservation Commission standards required for development. There was no discussion regarding the motion.

VOTE: The motion carried unanimously, 4-0.

OTHER BUSINESS
Presubmission Review of an Administrative Site Plan Review Project: Ms. Stickney referenced emails from Town consulting engineer, Mr. Thomas Sexton of Mainstream Engineering, Inc. She stated that Mr. Sexton has requested to review plans before they are submitted to the Board. Mr. Halligan noted that plans should be submitted by the applicant through the Board and not through an outside engineer. Mr. Bear and Mr. Moody agreed.

53 Josselyn Avenue: Mr. Bear reported that he drove by this project for which the Board had made a special permit recommendation at their meeting of March 19, 2007. He stated that the dwelling has been torn down and the excavation for the new foundation runs the entire length from the front to the rear of the property. He asked if two buildings were being constructed. Ms. Stickney stated that the second existing building had been closer to Josselyn Avenue and now was closer to Shipyard Lane due to a vista easement. She offered to drive by to help determine what is going on.

Planning Director Performance Evaluation: Mr. Wadsworth postponed the discussion until the next meeting because Ms. MacNab has the evaluations.

Proposed Planning Board Summer Meeting Schedule: The Board agreed with the draft meeting schedule for July and August, with two meetings scheduled per month.

Berrybrook School, Winter Street: Ms. Stickney reported that the applicants submitted revised plans today that still show an infiltration system proposed. Mr. Wadsworth stated that he had attended a recent Conservation Commission meeting and, although they understand the issues, the Commission prefers to keep the drainage underground.

766 Temple Street, Industrial Tower and Wireless: Ms. Stickney reported that the application is still on hold and that a balloon test had been performed recently.


ADJOURNMENT
The Planning Board meeting was adjourned at 8:37 PM. The next meeting of the Board will take place on Monday, June 4, 2007 at 7:30 PM at Duxbury Town Offices, Small Conference Room, Lower Level.