Town of Duxbury
Massachusetts
Planning Board
Minutes 09/24/07
Approved October 15, 2007
The Planning Board met in Duxbury Town Offices, Small Conference Room, lower level on Monday, September 24, 2007 at 6:15 PM.
Present: Amy MacNab, Chairman; George Wadsworth, Vice-Chair, Brendan Halligan, Clerk;, James Kimball, and Harold Moody, and Angela Scieszka.
Absent: John Bear; and Christine Stickney, Planning Director.
Staff: Diane Grant, Administrative Assistant.
Ms. MacNab called the meeting to order at 6:18 PM.
EXECUTIVE SESSION
MOTION: Mr. Wadsworth made a motion, and Ms. Scieszka provided a second, to go into Executive Session to discuss potential litigation, with the intention to reconvene the open session.
VOTE: A roll call vote was called by the Chair. Mr. Kimball, Mr. Moody, Mr. Halligan, Ms. Scieszka, Mr. Wadsworth, and Ms. MacNab all voted in favor of the motion.
Therefore, the executive session commenced at 6:19 PM. Refer to separate executive session meeting minutes, to be sealed until the potential litigation is resolved.
MOTION: Mr. Wadsworth made a motion, and Mr. Wadsworth provided a second, to come out of Executive Session regarding potential litigation and reconvene the open session.
VOTE: A roll call vote was called by the Chair. Mr. Kimball, Mr. Moody, Mr. Halligan, Ms. Scieszka, Mr. Wadsworth, and Ms. MacNab all voted in favor of the motion.
Therefore, the executive session concluded at 7:23 PM.
OPEN FORUM
Local Housing Partnership (LHP) – Ms. Scieszka reported that she had missed some recent LHP meetings due to family illnesses, and the LHP chairman has asked if any other Planning Board member could attend in her place if she is unable to attend a future meeting.
Island Creek Proposed Expansion, off Tremont Street – Ms. MacNab reported that she had attended a public presentation of this proposed expansion of the Island Creek development. She stated that although she was under the impression it would be a 40R (Smart Growth) proposal, the presentation was instead for a 40B comprehensive permit The developers are proposing to more than triple the current density and put parking garages underneath. The buildings are depicted at 52 feet in height. A 94-bed assisted living facility is proposed, as is a commercial center, which is not allowed under Chapter 40B.
Mr. Halligan reported that he had also attended the presentation. During the presentation Mr. Andre Martecchini, Board of Selectmen appointee to the LHP, asked for land use board input. Mr. Halligan responded that there was too much information to absorb at one time with no materials to review in advance. Mr. Halligan noted that a traffic study shows that current traffic coming from the south off of Exit 10 exceeds volume limits, indicating that a traffic signal is required even before additional traffic volume from the proposed expansion is considered. He noted that Mr. Martecchini told the developers that they would need to pay for the installation of the signal because the Town could not afford it. Ms. MacNab noted that the LHP is requesting public comment regarding the proposal.
95 Tremont Street: Mr. Wadsworth reported that he had attended a Zoning Board of Appeals (ZBA) hearing regarding a proposed amendment to a special permit, in order to expand a current parking lot for this medical office building. At that meeting, ZBA members advised the applicant that the ZBA would take no action until the applicant completed an administrative site plan review filing with the Planning Board. Mr. Wadsworth stated that both the Planning Board and ZBA need a realistic count of tenants. There was no talk of changing use at the ZBA hearing. Ms. MacNab suggested that the permitted use needs to be enforced. Ms. Grant reported that the applicants had filed for Administrative Site Plan Review on Friday, September 21, 2007.
OTHER BUSINESS
Because it was not yet time for scheduled topics, the Board addressed other business.
Song Sparrow Subdivision, off Forest Street: Ms. MacNab referenced a letter dated September 19, 2007 from the applicant’s attorney, David L. Arons, requesting extension of the subdivision completion deadline from September 30, 2007 to December 1, 2007 to allow more time for recent grass plantings to fill in.
MOTION: Mr. Wadsworth made a motion, and Mr. Halligan provided a second, to extend the subdivision completion date for the Song Sparrow subdivision from September 30, 2007 to December 1, 2007. There was no discussion regarding the motion.
VOTE: The motion carried unanimously, 6-0.
Mainstream Engineering Invoices dated August 30, 2007
MOTION: Mr. Halligan made a motion, and Mr. Wadsworth provided a second, to approve payment of the following Mainstream Engineering invoices:
§ #21012 in the amount of $1,221.00 for services related to Song Sparrow
§ #21014 in the amount of $563.10 for services related to the Duxbury Yacht Club maintenance building off of Harrison Street
§ #21015 in the amount of $4,564.50 for services related to Berrybrook School on Winter Street.
VOTE: The motion carried unanimously, 6-0.
Meeting Minutes
MOTION: Mr. Wadsworth made a motion, and Mr. Kimball provided a second, to approve meeting minutes of August 6, 2007 as written.
DISCUSSION: Ms. Grant noted that approval of these meeting minutes had failed at the last Board meeting by a vote of 2-0-2, with Mr. Halligan and Mr. Moody abstaining because they had been absent for the meeting.
VOTE: The motion carried 4-0-2, with Mr. Halligan and Mr. Moody again abstaining.
MOTION: Mr. Wadsworth made a motion, and Mr. Kimball provided a second, to approve meeting minutes of September 10, 2007 as written.
VOTE: The motion passed unanimously, 6-0.
Chapter 40B Repeal: Ms. MacNab noted that she will be collecting signatures in support of this proposal with the goal of putting the question on the 2008 ballot.
APPROVAL NOT REQUIRED PLAN OF LAND: GURNET ROAD / HUMMOCK LLC
No one was present to represent this application to reconfigure five lots into three lots. Ms. MacNab stated that the application clearly does not meet ANR requirements. She noted that Lot 1A does not meet ANR requirements. Lot 2A does meet ANR requirements. Lot 3A has frontage but does not meet area requirements and has two structures on it. Ms. MacNab also noted that the application is before the Zoning Board of Appeals (ZBA), although she was not sure what type of variance is being requested.
MOTION: Mr. Wadsworth made a motion, and Mr. Moody provided a second, to withhold endorsement of a plan of land entitled, “Plan of Land in Duxbury Massachusetts, Approval Not Required Subdivision Plan,” dated September 7, 2007 stamped by Neil J. Murphy, RLS – one sheet, because it is lacking in the requisite frontage and lot size required under zoning. There was no discussion regarding the motion.
VOTE: The motion carried unanimously, 6-0.
ZBA REFERRAL: 454 FRANKLIN STREET / INDUSTRIAL TOWER AND WIRELESS
No one was present to represent the application. Ms. MacNab noted that this is a variance application regarding the height of the proposed cell tower, stating that the applicants are seeking the special permit appropriately. She noted that the proposed monopine tower is proposed at a height of 170 feet, exceeding the maximum height allowed of 100 feet. She also noted that although the applicants state that no dwelling is located within 1,000 feet of the tower on adjacent lots, it appears from looking at the site plan that there is a dwelling within 850 feet of the tower. Ms. Scieszka noted that the bylaws do not address dwellings on the site.
MOTION: Mr. Wadsworth made a motion, and Mr. Halligan provided a second, to defer judgment to the Zoning Board of Appeals on the Special Permit referral for a cell tower at 454 Franklin Street, noting that the Planning Board anticipates reviewing plans in the future under Administrative Site Plan Approval. The Planning Board recommends, however, that the Board of Appeals ensure that the setback of the proposed cell tower from nearby dwelling units meets requirements according to Section 610.5, #3. There was no discussion regarding the motion.
VOTE: The motion carried unanimously (6-0).
ZBA REFERRAL: 5 EAST PINE ROAD / HOUSER
No one was present to represent this special permit application which proposes to demolish a pre-existing nonconforming structure and rebuild a new single family dwelling on piers in the existing footprint and extend the roof height. Mr. Wadsworth noted that the dwelling is on a Town sewer line, and suggested that the Sewer Commissioner be advised to ensure adequate capacity exists. He also noted that although there is no change to the existing footprint, the square footage has been substantially increased because of the change from a one-story to three-story dwelling. Ms. MacNab noted that the lot size is approximately 3,000 square feet. She asked about site coverage discrepancies, and Mr. Wadsworth responded that Conservation calculates coverage differently than Zoning. Mr. Halligan added that this area in Town has
different site coverage requirements.
Ms. Scieszka stated that the dwelling appears to be too big for the lot size. Mr. Halligan noted that the number of bedrooms appears to be changing from four bedrooms to five. Mr. Moody added that 1 ? more baths are proposed.
MOTION: Mr. Wadsworth made a motion, and Mr. Halligan provided a second, to defer judgment to the Zoning Board of Appeals on the Special Permit referral for 5 East Pine Road, noting that the Sewer Commissioner should be consulted whether adequate flow exists to service increased demand, and also noting that the application represents a substantial increase in massing on a small lot in a dense area, which may impede neighboring properties’ views and vistas. There was no discussion regarding the motion.
VOTE: The motion carried unanimously (6-0).
ADJOURNMENT
The Planning Board meeting was adjourned at 8:25 PM. The next meeting of the Planning Board will take place on Monday, October 15, 2007 at 7:30 PM in Town Offices, Small Conference Room, lower level.
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