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 06/25/07
Approved August 20, 2007
The Planning Board met in Duxbury Town Offices, Small Conference Room, lower level on Monday, June 25, 2007 at 7:30 PM.
Present: Amy MacNab, Chairman; Brendan Halligan, Clerk; John Bear, and Harold Moody.
Absent: George Wadsworth, Vice-Chairman; Jim Kimball; Angela Scieszka; and Associate
Member Douglas Carver.
Staff: Christine Stickney, Planning Director; and Diane Grant, Administrative Assistant.
Ms. MacNab called the meeting to order at 7:30 PM.
OPEN FORUM
Open Space Committee: Mr. Moody reported that he had attended his first Open Space Committee meeting. Committee members asked him about the Town’s Comprehensive Plan and how goals are addressed. Ms. MacNab advised him that there was an Implementation Committee that eventually spun off to the Comprehensive Plan Zoning Bylaw Implementation Committee (CPZBIC). That group produced an exit report that itemized and prioritized items to be implemented. The result was an overhaul of Zoning Bylaws in 2003.
ZBA REFERRAL: 19 SHIPYARD LANE / DAVIDSON
The applicants, Chad and Mary Beth Davidson, were present for the discussion regarding a special permit application for a second-floor addition on a pre-existing nonconforming structure. Ms. MacNab informed the applicants that the Planning Board would be making a recommendation to the Zoning Board of Appeals, who would issue the decision. Ms. Davidson informed the Board that they are proposing to add a second floor above the existing first-floor footprint. Ms. MacNab noted that although the lot size is nonconforming at 8,000 square feet, the nonconformity would not increase. Mr. Moody agreed that there were no apparent planning issues.
MOTION: Mr. Moody made a motion, and Mr. Halligan provided a second, to defer judgment to the Zoning Board of Appeals regarding a special permit application for 19 Shipyard Lane, as it appears that there are no planning issues.
DISCUSSION: Mr. Bear questioned whether it should be noted that the setback and overall site coverage are nonconforming, and the Board agreed that the ZBA members should be made aware of the situation.
VOTE: The motion carried unanimously, 4-0.
OTHER BUSINESS
Because it was not yet time for the continued public meeting, the Board addressed other business.
Engineering Invoices
MOTION: Mr. Halligan made a motion, and Mr. Bear provided a second, to approve payment of the following Mainstream Engineering, Inc. invoices:
§ Invoice #20970 in the amount of $78.00 for services related to Song Sparrow
§ Invoice #20971 in the amount of $1,122.50 for services related to Berrybrook School.
DISCUSSION: Mr. Bear asked for the total amount billed to date for Berrybrook School, and Ms. Grant replied that $4,000.00 had been charged by the Town’s consulting engineer so far.
VOTE: The motion carried unanimously, 4-0.
Legal Counsel Invoice
MOTION: Mr. Moody made a motion, and Mr. Halligan provided a second, to approve payment of R.S. Troy and Associates invoice #13026 dated June 20, 2007 in the amount of $120.00 for services related to review of a Conservation Restriction for the Wamsutta Way / Andresen subdivision. There was no discussion regarding the motion.
VOTE: The motion carried unanimously, 4-0.
Meeting Minutes
MOTION: Mr. Halligan made a motion, and Mr. Bear provided a second, to approve meeting minutes of April 9, 2007 as amended.
VOTE: The motion carried unanimously, 4-0.
Endorsement of ANR plans for Wendell Pond Road, Summer Street (Grady): The Board signed the corrected mylar for this ANR that was approved by the Board on June 11, 2007.
CONTINUED PUBLIC MEETING, ADMINISTRATIVE SITE PLAN REVIEW:
766 TEMPLE STREET / INDUSTRIAL TOWER AND WIRELESS, LLC
Ms. MacNab noted a letter dated June 20, 2007 from the applicants’ attorney, Edward Angley, requesting a continuation of tonight’s public meeting. She also noted a letter dated May 14, 2007 from Mr. George Williams of 454 Franklin Street offering his 14-acre parcel as an alternative location for the proposed cell tower. Ms. MacNab noted that there may be some conservation issues with the alternate location.
MOTION: Mr. Halligan made a motion, and Mr. Bear provided a second, to continue the public meeting for administrative site plan review of 766 Temple Street / Industrial Tower and Wireless LLC until July 23, 2007 at 8:00 PM, with revised plans and materials due by July 9, 2007 and a decision deadline of August 23, 2007. There was no discussion regarding the motion.
VOTE: The motion carried unanimously, 4-0.
Board members signed a mutual extension form.
OTHER BUSINESS (continued)
Because it was not yet time for the 8:15 PM continued public meeting, the Board addressed other business.
GATRA: Ms. Stickney returned from a Board of Selectmen’s meeting and announced that the Selectmen approved the Town joining GATRA, the Greater Attleboro-Taunton Regional Transit Authority, which will provide bus service for a nominal fee from Hall’s Corner to as far south as Jordan Hospital in Plymouth. Ms. Stickney noted that this service will be especially helpful for senior citizens, and the Council on Aging will see a $30,000 savings in expenses.
Duxbury Farms / Franklin, Valley and High Streets: Ms. MacNab requested zoning enforcement for this 40B project, noting that although plans have not been recorded construction appears to be proceeding. She reported that she had driven by the site and saw that the roadway and utilities have been installed, and three lots have “sold” signs. She stated that she could not understand how transactions could have taken place on lots that have not been lotted off.
Board members reviewed a draft memorandum to Mr. Scott Lambiase, Director of Inspectional Services, and made minor amendments. Ms. MacNab noted that she intended to include with the memo a letter dated June 6, 2007 from MassHousing to Atty. Shelmerdine, the developers’ attorney, stating that the Town cannot issue permits for the project until the State has issued Final Approval.
MOTION: Mr. Halligan made a motion, and Mr. Bear provided a second, that the Planning Board send a letter to the Director of Inspectional Services, Mr. Scott Lambiase, requesting zoning enforcement and a cease and desist order for the Duxbury Farms development off of Franklin, Valley and High Streets. There was no discussion regarding the motion.
VOTE: The motion carried unanimously, 4-0.
House Bill 1242: Ms. Stickney advised the Board that legislation has been proposed by Rep. Honan of Boston that would strike Chapter 40A, Section 6 which provides zoning protection of three years for Approval Not Required (ANR) plans of land. She is concerned that if the bill passes, any non-conforming lot would be grandfathered. The Board requested that staff send a letter objecting to this proposed bill to State Representatives.
Safety Issue at Fox Run and Old Tobey Garden Road: Mr. Halligan reported that he had been approached by several neighbors with a request to install a stop sign due to concerns that vehicles do not stop at the end of Fox Run where it meets Old Tobey Garden. There is no clear site line at this location and children are using this corner as a bus stop. Ms. Stickney advised him that the usual process is to go through the Highway Safety Committee. She offered to contact the committee and ask them to respond.
Wamsutta Way Conservation Restriction, off Congress Street: Ms. Stickney advised the Board that the Board of Selectmen had approved the Andresen’s Conservation Restriction at tonight’s meeting.
CONTINUED PUBLIC MEETING, ADMINISTRATIVE SITE PLAN REVIEW: BERRYBROOK SCHOOL, INC., 267 WINTER STREET
Ms. MacNab opened the continued public meeting at 8:15 PM. Present for the applicants were Mr. Joe Webby, engineer; Mr. Mike DiNapoli, project manager; Mr. Vcevold Strekalovsky, architect; Ms. Pat Keeley, headmaster; Ms. Ann White from the Berrybrook Building Committee. Also present was Town consulting engineer, Mr. Thomas Sexton of Mainstream Engineering, Inc. Mr. Halligan read the correspondence list into the public record:
§ Letter from D. Ross dated 04/27/07 re: concerns with proposed plans
§ Letter from C. O’Neil dated 04/29/07 and submitted at the Planning Board meeting of 04/30/07 re: concerns regarding sale of
property
§ Mutual Extension Form signed by the applicant and Planning Board dated 04/30/07 continuing public meeting to 06/04/07
§ Letter from Berrybrook School dated 05/21/07 with plans and materials
§ Re: responses to questions and concerns from the 04/30/07 public meeting
§ Greenman-Pedersen, Inc response letter dated 05/21/07 re: traffic study peer review
§ Letter from Webby Engineering dated 05/21/07 Re: responses to questions and concerns from the 04/30/07 public meeting
§ Letter from P.Anderson, Water Superintendent dated 05/29/07 re: water department recommendations
§ Schematic landscape plan submitted at 06/04/07 public meeting
§ Lighting Plan submitted at 06/04/07 public meeting
§ Mutual Extension Form signed by the applicant and Planning Board dated 06/04/07 continuing public meeting to 6/25/07
§ Letter from Mainstream Engineering dated 06/21/07 Re: Peer Review
§ Draft Conditions of Approval dated 06/21/07 from staff.
The Board addressed comments from the Mainstream Engineering review letter dated June 21, 2007.
Site Plans: Ms. MacNab noted that Mr. Sexton had recommended that temporary structures be shown on the existing site plan. Mr. Sexton suggested that at least the utilities need to be shown for the contractor’s information. Ms. Stickney noted that the temporary structures have a one-year expiration according to Mr. Scott Lambiase, Director of Inspectional Services. Mr. DiNapoli stated that the temporary classrooms were installed around January 2007. Mr. Webby agreed to add existing utilities for the temporary structures to the existing plans.
Ms. MacNab noted that Mr. Sexton had recommended that a lighting plan be included to comply with ZBL Section 615.4.14. Mr. Sexton added that, according to amended plans submitted June 4, 2007, there is some lighting spillover to the grassed areas and to Winter Street. The grassed area belongs to Berrybrook, and he suggested that the intensity of spillover on Winter Street can be reduced by moving two utility poles back by two feet. Mr. Halligan confirmed with Mr. Webby that those lights are on a timer, and stated that he is not concerned with spillover that would light up a curve in the road on a dark night as long as it did not affect neighbors to the east. Mr. Strekalovsky offered that a recessed bulb could be used to reduce glare.
Ms. MacNab noted Mr. Sexton’s comments regarding the landscaping plan. Zoning Bylaws require an elevated berm between the traveled way to separate parking and other uses from the road. Mr. Strekalovsky stated that there may be a better way to separate the parking lot from the parking area rather than an elevated berm.
Mr. Sexton also had noted in his review letter that the applicant is required to provide a ten-foot wide landscaped buffer to screen the parking area from residential buildings to the east. Mr. Halligan stated that he is satisfied with the buffer as presented.
Stormwater Management: Ms. MacNab noted Mr. Sexton’s comment regarding small-flow diversion through an oil-grit chamber. Mr. Sexton added that it may require at least one additional manhole. Mr. Webby proposed an isolator row for filtration. Mr. Sexton stated that he would rather see sediment removed before it reaches the infiltration system. Mr. Webby stated that he would like to discuss this matter further with Mr. Sexton. Mr. DiNapoli requested that Mr. Webby obtain the manufacturer’s agreement to the proposed plan.
Ms. MacNab noted Mr. Sexton’s review comments regarding soils information in the location of the proposed infiltration system. Mr. Webby stated that the bottom of the infiltration chamber system has been raised to satisfy Mr. Sexton’s concern.
Ms. MacNab noted Mr. Sexton’s recommendation for a more detailed Operation and Maintenance Plan. Mr. DiNapoli stated that debris will be swept away every spring and the school will budget and plan for stormwater maintenance costs. It was agreed to add language to the draft Notice of Certification reflecting that an Operation and Maintenance Plan will be part of the school’s operations manual.
Mr. Sexton noted that a construction detail had not been provided on a flared end section on an emergency overflow pipe. It was agreed that the Board would defer to Conservation Commission judgment regarding this concern.
Water Supply, Wastewater Management, and Traffic Management: All comments were addressed to the Board’s satisfaction.
MOTION: Mr. Bear made a motion, and Mr. Halligan provided a second, to approve site plans for Berrybrook School, 267 Winter Street, noting Administrative Site Plan Review conditions in the Certificate of Notification dated June 26, 2007 as amended at the Planning Board meeting of June 25, 2007.
VOTE: The motion carried unanimously, 4-0.
Ms. Stickney explained to the applicants that there will be a 20-day waiting period for appeal until the plans can be recorded at the Registry of Deeds.
CONTINUED PUBLIC MEETING, ADMINISTRATIVE SITE PLAN REVIEW:
MILLBROOK CROSSING, RAILROAD AVENUE / SILVIA & SILVIA ASSOCIATES
Ms. MacNab noted a letter dated May 7, 2007 from the applicants’ attorney requesting an extension for administrative site plan review. She also noted that the Board of Health denied the applicants’ request for a variance to the septic plans. She stated that a mounded system will be required with no additional capacity from current conditions.
Ms. Stickney noted that there is also a 21E site cleaning required by the State. She advised the Board that Silvia & Silvia, developers, and Goodrich, the owners, have formed a Limited Liability Corporation (LLC). She noted that the applicants need to resolve both Board of Health issues and Conservation Commission concerns before the Planning Board can review their application. Ms. Stickney stated that the applicants will be resubmitting revised septic plans to the Board of Health.
MOTION: Mr. Halligan made a motion, and Mr. Moody provided a second, to continue the public meeting for administrative site plan review of Millbrook Crossing, Railroad Avenue until September 10, 2007 at 8:00 PM, with revised plans and materials due by August 27, 2007 and a decision deadline of October 10, 2007. There was no discussion regarding the motion.
VOTE: The motion carried unanimously, 4-0.
ADJOURNMENT
The Planning Board meeting was adjourned at 9:40 PM. The next meeting of the Board will take place on Monday, July 9, 2007 at 7:30 PM at Duxbury Town Offices, Small Conference Room, Lower Level.
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