Town of Duxbury
Massachusetts
Planning Board
Minutes 08/06/07
Approved September 24, 2007
The Planning Board met in Duxbury Town Offices, Small Conference Room, lower level on Monday, August 6, 2007 at 7:30 PM.
Present: Amy MacNab, Chairman; George Wadsworth, Vice-Chairman; John Bear, and Jim Kimball.
Absent: Brendan Halligan, Clerk; Harold Moody, Angela Scieszka.
Staff: Christine Stickney, Planning Director; and Diane Grant, Administrative Assistant.
Ms. MacNab called the meeting to order at 7:32 PM.
OPEN FORUM
Duxbury Farms, off Franklin, Valley and High Streets: Ms. MacNab reported that she and Ms. Scieszka had attended a Zoning Board of Appeals (ZBA) administrative hearing for the Duxbury Farms 40B plan. It now appears that ZBA members will not be endorsing subdivision plans even with language that Town Counsel had referenced in his memo dated July 23, 2007. Ms. Stickney advised the Board that no plans have been endorsed for this project to her knowledge. Ms. MacNab asked Ms. Stickney to keep the Board apprised of the situation.
AS-BUILT SURETY: 21 CHESTNUT STREET / GRIFFIN
Ms. Stickney advised the Board that Town consulting engineer, Mr. Walter Amory, had reported that the landscaping had been completed according to approved plans. She noted that shrubbery had not been planted against the retaining wall as discussed at a previous Board meeting on May 21, 2007. Mr. Wadsworth noted that because the additional landscaping was not part of the plan or decision, the Board should release the surety. Ms. MacNab requested that staff contact the applicant to request that they consider planting the additional shrubbery as requested.
MOTION: Mr. Bear made a motion, and Mr. Wadsworth provided a second, to release the As-Built surety of $1,000.00 plus any interest accrued for 21 Chestnut Street to Kevin and Colleen Griffin, owners. There was no discussion regarding the motion.
VOTE: The motion carried unanimously, 4-0.
Ms. Stickney asked if the Board wished to consider granting As-Built approval. The Board agreed to wait to determine if the shrubbery would be planted first.
PERFORMANCE SURETY: DINGLEY DELL, OFF CONGRESS STREET
MOTION: Mr. Wadsworth made a motion, and Mr. Bear provided a second, to request a surety in the amount of $10,000.00 for the Dingley Dell subdivision off Congress Street, to assure installation of the box culvert with the request for a building permit.
DISCUSSION: Ms. Stickney asked if the Board wished to tie As-Built surety to the building permit. Ms. MacNab noted it would be important to tie it in and asked if the Inspectional Services Department would be notified. Mr. Wadsworth asked about the Conservation Restriction status, and Ms. MacNab stated that the applicant is working on it. Mr. Kimball noted that there is a “for sale” sign on the property and stated that it is important that the culvert construction be tied into the building permit so that it could “travel” if ownership is transferred.
AMENDMENT TO MOTION: Mr. Wadsworth amended his original motion to add a provision that the Inspectional Services Department consult with the Planning Board before signing off on a Certificate of Occupancy for Lot 3. Mr. Bear agreed to the amendment.
VOTE: The motion carried unanimously, 4-0.
WORK SESSION: AFFORDABLE HOUSING BYLAW
Ms. MacNab referenced the “Affordable Housing Production Strategy and Bylaw” document prepared by Stantec, and asked how the number of potential lots changed from 56 to 36. Ms. Stickney stated that Mr. Ted Brovitz from Stantec had looked at spreadsheets and then she had reviewed the specific lots affected, which eliminated twenty lots. Ms. MacNab suggested a deed restriction be added to the bylaw that would eliminate further expansion possibilities beyond the 2,500 square foot maximum dwelling size. It was agreed to continue discussion at the next Board meeting.
OTHER BUSINESS
Because it was not yet time for the scheduled ZBA referral, the Board addressed Other Business.
Millbrook Crossing Escrow Release: Ms. MacNab referenced a letter dated July 17, 2007 from the applicants’ attorney to the Director of Inspectional Services, noting outstanding invoices for Zoning Board of Appeals engineering review. She asked if Planning Board escrow funds could be applied toward outstanding invoices for the Zoning Board of Appeals. Ms. Stickney felt that the funds need to be kept separate, but stated the final decision would be up to the Town Accountant.
MOTION: Mr. Wadsworth made a motion, and Mr. Bear provided a second, to release reviewing engineer escrow funds of $4,459.20 plus any interest accrued for Millbrook Crossing, Railroad Avenue and Saint George Street, to S&G Associates, LLC. There was no discussion regarding the motion.
VOTE: The motion carried unanimously, 4-0.
Berrybrook Administrative Site Plan Approval: Board members signed final plans reflecting the Certificate of Notification signed by the Board on June 25, 2007.
Duxbury Bay Maritime School, 457 Washington Street: Ms. Stickney advised the Board that they are invited to a public presentation of proposed expansion plans scheduled for August 15, 2007. Staff will post the meeting in case a quorum attends. Ms. Stickney reported that she had advised the School’s executive director, Mr. Ned Lawson, that the School will need to apply for Administrative Site Plan Review. She said that Mr. Lawson does not believe that the bylaw applies to the School as a non-profit educational use.
Island Creek Proposed Expansion, off Tremont Street: Ms. Stickney advised the Board that the Local Housing Partnership is inviting all land use boards to a presentation by the developers on September 13, 2007. Ms. MacNab stated that she would like the developers to make a separate presentation to the Planning Board first, and Ms. Stickney responded that there would not be enough time to schedule a presentation to the Planning Board prior to September 13, but arrangements could be made to schedule a meeting at a later date.
Thank You Letter to Associate Member: The Board approved a letter to be mailed to Associate Member, Mr. Douglas Carver, thanking him for his term which ended on July 12, 2007.
Meeting Minutes:
MOTION: Mr. Wadsworth made a motion, and Mr. Bear provided a second, to approve April 23, 2007 Planning Board meeting minutes as amended, and May 14, 2007 and May 21, 2007 meeting minutes as written.
DISCUSSION: Mr. Wadsworth suggested that minutes could be shortened and should be submitted on a timely basis.
VOTE: The motion carried unanimously, 4-0.
Repeal of Chapter 40B (Comprehensive Permit): Ms. MacNab noted a Boston Globe article dated July 25, 2007 titled, “Group Seeks to Repeal Housing Law,” and advised the Board that she had been contacted by Mr. John Belskis, founder of the Coalition for the Reform of 40B, who is spearheading an effort to put a repeal of Chapter 40B on the November 2008 ballot. She stated that he contacted her because of the Board’s 2002 efforts to reform the state’s comprehensive permit bylaw. Ms. MacNab submitted related materials to staff for distribution and Board discussion at the next scheduled meeting.
Planning Board Meeting Schedule: Ms. Stickney asked the Board to consider meeting twice monthly rather than every Monday during the fall months due to a decline in permits. Board members expressed their desire to meet weekly for work sessions.
ZBA REFERRAL: 95 TREMONT STREET / STANDISH PARTNERS, LLC (OLIVER)
Present for the discussion to represent a special permit application to construct 18 additional parking spaces at this medical office building were Mr. Paul Brogna of Seacoast Engineering and Atty. David Delaney. Mr. Brogna stated that the owners, Scott and Ann Marie Oliver, had a special permit approved in August 1998 through the Zoning Board of Appeals (ZBA) for a 36,000 square foot office building with 111 parking spaces. He noted that the fourth floor of the building remains unfinished and is not part of the current special permit amendment request. Atty. Delaney clarified that the total building size is 43,600 square feet, with the fourth floor designated for storage only.
Mr. Brogna stated that presently vehicles are forced to park on grassy areas during weekday hours because of a lack of parking spaces. He said that he had worked with the Fire Chief, Inspectional Services Director, and Planning Director, Ms. Stickney, to improve the parking situation. The applicants pursued purchasing land to the east and to the south of their property, both unsuccessfully. The applicants also looked into the possibility of satellite parking at the Hanaford parking lot at the intersection of Routes 3A and 53, but found that it was not feasible because of the type of business. The current application would increase the number of parking spaces to the rear of the building to accommodate employee parking. He noted that site coverage will not increase with this application, in response to a ZBA recommendation
to try to reduce the site coverage to fifty percent.
Mr. Brogna referred to Sheet 3 of the proposed plans, noting that the parking area to the east side of the building is proposed to change from impervious to pervious coverage (paved to crushed gravel). The area to the south side of the building would become a new parking lot with a porous paved surface which would be pervious. Handicapped accessible parking would decrease from five to four spaces, which would still meet ADA requirements.
Mr. Brogna noted infiltration testing had been performed at the rear of the site nine years ago by Webby Engineering, and although none has been done since then, they anticipate similar conditions at this time. He stated that the infiltration system is easy to install and maintain.
Mr. Wadsworth asked what the owners have done to prevent vehicles from parking on the grassy islands. Atty. Delaney stated that the problem is a matter of timing, because sometimes appointments overlap and cause overflow parking. He stated that fliers have been sent to all of the doctors in the building and “No Parking” signs have been posted on the fire lane. Mr. Brogna added that striping was also added in the fire lane within the past year.
Ms. MacNab advised the applicants that they will need to file for Administrative Site Plan Review through the Planning Board. Ms. Stickney noted that she and Mr. Scott Lambiase, Director of Inspectional Services, had recommended that the applicants file first for a special permit to amend the original ZBA permit.
Ms. MacNab asked what type of businesses are currently using the third floor, and Mr. Brogna responded that they were occupational therapy/physical therapy (OT/PT) and doctors’ offices. Ms. MacNab noted that third floor medical offices are not consistent with “professional use,” questioning if the applicant is in compliance with the original special permit.
Ms. Stickney advised the Board that she and Mr. Lambiase had requested a list of tenants, and asked Mr. Brogna if he had that list. Mr. Brogna responded that there are fifteen doctors in the building, listing some of their names. He noted that the OT/PT offices were not medical practices although doctors refer patients to them. Mr. Brogna noted that doctors are seeing more patients because of less hospitalization time and because of HMO requirements. Ms. MacNab noted that medical practices have changed since the original special permit, with some overlapping part-time doctors’ schedules. She suggested that the Zoning Bylaws may need to be revised to require a larger number of per office parking spaces.
Mr. Wadsworth asked why off-site parking was rejected for staff, and Mr. Brogna replied that many of the staff members are part-time, arriving and leaving at different times of the day, and also legal issues were involved in the decision. Ms. Stickney stated that the number of support staff could be a contributing factor to the parking issue, and agreed with Ms. MacNab that the five spaces per office currently required by Zoning Bylaws may not be sufficient.
Mr. Wadsworth questioned the permeability of the proposed porous pavers, noting that over time sanding during winter months will result in an impervious surface. Mr. Brogna noted that maintenance would be required to prevent that result, and offered to report back each year regarding maintenance and conditions. Mr. Wadsworth noted that an infiltration system reduces pollutant transport. Mr. Brogna stated that a filter fabric layer underneath the porous pavers removes 80 percent of pollutants.
Ms. MacNab acknowledged that the parking issue needs to be addressed. She noted that the intent of the original special permit was for ten doctors and two dentists, and now there are at least fifteen doctors in the building. In addition, the third floor is being used for medical practices, not professional offices as directed in the original special permit.
Ms. MacNab suggested using the staff memo as a basis of their recommendation to the ZBA. Mr. Bear added that the applicants need to provide a reasonable consensus of trip generation to help determine the number of parking spaces needed. Ms. MacNab noted that plans reflect 962 trips per day projected, and stated that the Board would like to see the actual number. Mr. Wadsworth suggested that the applicants reconsider parking staff members off site, especially for full-time employees. He suggested that more information is needed on the porous paver technology.
MOTION: Mr. Bear made a motion, and Mr. Kimball provided a second, to defer judgment to the ZBA regarding a special permit for expanded parking at 95 Tremont Street, Standish Partners LLC, with the following information suggested:
§ A listing of all the tenants plus their total number of employees in each office.
§ The original Special Permit states “use” occupancy of 36,000 GSF plus 7,600 GSF attic storage area. How many offices were proposed at that time and how many “suites” exist today?
§ Days and hours of operation of the building.
§ Actual trip generation count.
DISCUSSION: Mr. Wadsworth suggested that off-site parking or alternative solutions to expanding the current parking area be explored further.
VOTE: The motion carried 3-1, with Mr. Wadsworth voting against.
ADJOURNMENT
The Planning Board meeting was adjourned at 9:45 PM. The next meeting of the Planning Board will take place on Monday, August 20, 2007 at 7:30 PM in Town Offices, Small Conference Room, lower level.
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