Town of Duxbury
Massachusetts
Planning Board
Minutes 07/23/07
Approved September 10, 2007
The Planning Board met in Duxbury Town Offices, Small Conference Room, lower level on Monday, July 23, 2007 at 7:30 PM.
Present: Amy MacNab, Chairman; George Wadsworth, Vice-Chairman; Brendan Halligan, Clerk; John Bear, Jim Kimball, and Angela Scieszka.
Absent: Harold Moody.
Staff: Christine Stickney, Planning Director; and Diane Grant, Administrative
Assistant.
Ms. MacNab called the meeting to order at 7:33 PM. Open Forum was deferred until later in the meeting.
DISCUSSION WITH J.R. KENT / BAYSIDE MARINE, 441 WASHINGTON STREET, REGARDING SNUG HARBOR PARKING
Mr. J.R. Kent had requested to speak with the Board regarding the lack of Town-owned parking spaces near the Town harbor. Also present were Mr. Ned Lawson of the Duxbury Bay Maritime School (DBMS) at 457 Washington Street; and Town residents Don and Dot Baker of 1548 Tremont Street. Mr. Kent stated that a condition of his Administrative Site Plan Review decision was to continue a dialogue with the Board to improve parking in the Snug Harbor area. Mr. Kent advised the Board that he had notified the Harbormaster, the Yacht Club, and DBMS of this meeting. He distributed an untitled, 1 ½ page handout presenting his issues and proposed solutions.
Mr. Kent stated that lately he has been frustrated to arrive at his business on Saturday mornings to find customers parking in his lot and heading to the Town harbor. His employees and customers who arrive later are not able to find parking. He stated that he feels the Town is restricting access to the bay by not providing enough parking. This problem exists approximately ten weekends out of the year during the summer months.
Mr. Kent noted that other parties directly affected in the area include Talbot’s; two antique stores; Sweetser Building businesses; and neighbors north of Mattakeeset Court who deal with vehicles and trailers parked in front of their homes on weekends.
As a partial solution, Bayside Marine reduces work crews on weekends and has requested use of the Battelle parking lot on Saturdays for employees (they were denied parking access for customers due to liability issues). In addition, Bayside Marine uses Expressions parking lot on weekend hours when it is closed.
Mr. Lawson noted that with the proposed renovations to DBMS, an additional thirty parking spaces will be available at the Maritime School. He invited the Board to a charrette on August 15, 2007 for an informal presentation of the proposed renovations.
Mr. Kent referred to his hand out that offered possible additional solutions to the parking issue:
§ The Town could widen the east side of Washington Street from Talbot’s to Batelle and allow parking
§ The Town could choose to allow street parking on Saturdays on areas that are currently no parking zones
§ DBMS could rent assigned parking on weekends
§ Duxbury Yacht Club could apply for a special permit to add three to five additional parking spaces
§ Duxbury Yacht Club could consider allowing parking at their golf course parking lot and providing golf cart transportation to the waterfront
§ The Duxbury Rural and Historical Society (DRHS) could add five additional parking spaces to their existing small lot (Mr. Kent noted that he had not contacted the DRHS)
§ Talbot’s and the Josselyn building could apply for a special permit to add up to ten total parking spaces.
Mr. Kent also noted that the following suggestions came from his discussion with Town Harbormaster, Mr. Donald Beers:
§ Mr. Beers suggests that two fifteen-minute parking spaces be added to the Town parking lot for temporary parking
§ Up to seven beach employees park in the Town parking lot on summer weekends
§ Mr. Kent suggests that employees of the Duxbury Yacht Club and the Town of Duxbury should park offsite on summer weekends.
Ms. Scieszka suggested that the Town could consider offering parking at an offsite location with a shuttle service. Ms. MacNab noted that funding would need to be explored. Mr. Kent offered that the Town could contract a valet service that would operate from the schools. Ms. MacNab suggested that the Planning Board could meet with the Highway Safety Committee regarding the parking concerns.
Mr. Dan Baker of 1548 Tremont Street suggested allowing parking on Harrison Street. He complained about vehicles parked all day in the one-hour parking spaces in the Town harbor parking lot. He stated that the one-hour parking should be enforced or the signs should be removed. Ms. Dot Baker of 1548 Tremont Street noted that enforcement works in other areas of Town.
Later in the meeting, Mr. Steven Denyer of 321 Bay Road, suggested that the Town consider restricting the number of moorings to more accurately reflect the availability of parking. Ms. MacNab suggested that Mr. Denyer contact the Duxbury Bay Management Committee with his suggestion.
Ms. MacNab noted that the Planner Director (who was attending a Board of Selectmen’s meeting) should be consulted for direction on how to proceed, and thanked the participants for attending.
CONTINUED PUBLIC MEETING, ADMINISTRATIVE SITE PLAN REVIEW: 766 TEMPLE STREET / INDUSTRIAL TOWER AND WIRELESS, LLC
MOTION: Mr. Bear made a motion, and Mr. Halligan provided a second, to continue the public meeting for administrative site plan review of 766 Temple Street, Industrial Tower and Wireless, LLC, at the applicant’s request, until October 29, 2007 at 8:00 PM, with revised plans and materials due to the Planning office by October15, 2007 and a decision deadline of November 29, 2007. There was no discussion regarding the motion.
VOTE: The motion carried unanimously, 5-0.
Board members signed a mutual extension form.
DEFINITIVE SUBDIVISION MODIFICATION AND EXTENSION: DINGLEY DELL, OFF CONGRESS STREET
Present for the discussion were the applicant, Mr. Roman Striebel, and Town consulting engineer, Mr. Walter Amory. Ms. MacNab noted that it appears that the Conservation Restriction (CR) is nearing completion. Mr. Striebel noted that the State made several revisions to the CR which caused a delay in its approval.
Mr. Striebel stated that he is requesting to delay construction of a culvert which is intended to carry water in a swale on the western edge of the access road on Route 14. He stated that the dwelling will not be constructed in the next few months, and he proposes to delay culvert construction until the dwelling is built. Mr. Amory referenced his memo dated June 26, 2007 and his inspection report dated July 19, 2007, which he distributed. He noted that he had not seen any revised plans.
Mr. Striebel stated that, other than the dwelling and the culvert, the job is complete. A new roadway base was installed two weeks prior and was blacktopped last week. He added that no house can be built without the culvert. Mr. Amory agreed that the culvert is not currently needed.
Ms. MacNab and Ms. Scieszka expressed concern that putting it off may leave it undone. Mr. Striebel assured the Board that the home would be built within the next five years. Ms. MacNab suggested that the culvert construction may need to be linked through the building permit. Mr. Amory noted that access to the home would be difficult without the installation of the culvert.
Ms. Scieszka asked if the swale will settle, and Mr. Amory replied that it has been designed not to settle. He stated that there are several items that still need to be completed:
§ Erosion to basin
§ A grate is needed
§ Riprap needs to be installed around emergency vehicle area
§ The emergency vehicle area needs to be paved.
The Planning Director, Ms. Stickney, arrived at the meeting at this point. Ms. MacNab asked her if the culvert construction could be tied into the building permit. Ms. Stickney noted that the consulting engineer should inspect the construction when it occurs and suggested a surety be held in escrow until it is completed to the consulting engineer’s satisfaction. She noted that Mr. Amory could provide a surety estimate. Mr. Striebel agreed to establish a surety. It was agreed to extend the modification deadline to December 1, 2007 to allow time for the CR to be completed and time for the final coat of blacktop to be installed.
MOTION: Mr. Halligan made a motion, and Ms. Scieszka provided a second, to extend the definitive subdivision modification completion date for Dingley Dell subdivision off of Congress Street to December 1, 2007. There was no discussion regarding the motion.
VOTE: The motion carried unanimously, 5-0.
INGALL’S GROVE ROADWAY AS-BUILT APPROVAL, OFF BAY ROAD
The applicant, Mr. Steven Denyer, was present for the discussion. Ms. Stickney noted that Mr. Denyer is requesting lot release and referenced a memo dated July 19, 2007 from Town consulting engineer, Mr. Tom Sexton of Mainstream Engineering. She stated that Mr. Sexton had provided an estimate of $10,000.00 for the surety, although she believes that the estimate may be too high. After some discussion, it was agreed that a surety amount of $7,500.00 was ample. Mr. Wadsworth arrived during this discussion.
MOTION: Mr. Bear made a motion, and Mr. Halligan provided a second, to release Lots 1 and 2 of the Ingall’s Grove subdivision off of Bay Road and to grant As-Built approval with a surety amount of $7,500.00. There was no discussion regarding the motion.
VOTE: The motion carried, 5-0-1, with Mr. Wadsworth abstaining.
ANR PLAN OF LAND: GURNET ROAD / HUMMOCK
Mr. Daniel Orwig and Atty. Micheal Hummock were present to represent the application. Ms. MacNab noted that a previous ANR plan had been recorded since litigation through an 81L. Ms. Stickney clarified that the ANR that the Board had approved on March 6, 2007 had not yet been recorded, and noted that the plans presented reflect only what has been recorded to date.
Ms. MacNab expressed concern with Lot 1A as depicted on the plans, noting that with the lot size decreasing to 10,000 square feet, the nonconformity increases. Mr. Orwig stated that this was the original lot size. He asked if Town Counsel had been consulted, and Ms. Stickney replied that he had not. She stated that although Lots 2A and 3A meet ANR requirements, Lot 1A does not because it requires 40,000 square feet of upland.
Mr. Orwig suggested that he might need to go to Land Court to get approval, and Mr. Wadsworth informed him that Land Court cannot create buildable lots. Mr. Wadsworth noted that because a structure exists on Lot 1A, it has already been built upon. Atty. Emerson proposed eliminating Lot 1A, but Ms. MacNab noted that it would leave another lot with multiple structures, which is not allowed.
Mr. Orwig stated that he wished to withdraw the application.
MOTION: Mr. Halligan made a motion, and Mr. Wadsworth provided a second, to accept withdrawal of the Approval Not Required Plan of Land entitled, “Plan of Land in Duxbury, Massachusetts, Approval Not Required Subdivision Plan,” dated June 20, 2007 and stamped by Neil J. Murphy, RLS, one sheet, at the applicant’s request. There was no discussion regarding the motion.
VOTE: The motion carried unanimously, 6-0.
WORK SESSION
Affordable Housing Bylaw: Ms. Stickney referenced a draft bylaw for Affordable Housing for which the Local Housing Partnership is seeking Planning Board co-sponsorship at the upcoming March 2008 Town Meeting. Ms. Scieszka noted that the draft has been revised to change the setback from fifteen feet to thirty feet to limit “porkchop” lots. Mr. Bear noted that with a thirty foot setback, narrow lots have been eliminated.
Ms. Stickney noted that dwelling size has been limited to 2,500 square feet. Ms. Scieszka noted that the result will be smaller houses built on smaller lots. Ms. MacNab asked if there would be any preference given to Duxbury residents, and Ms. Stickney replied that Town Counsel needs to be consulted to determine if this type of preference could be allowed.
Mr. Wadsworth asked how many lots would be eligible, and Ms. Stickney responded that approximately 35 lots in Town would meet the criteria. Mr. Wadsworth stated that he would like to see a definitive number. Mr. Halligan stated that it would be helpful to provide an example to provide buyers a realistic cost estimate. Mr. Bear asked Ms. Stickney to provide some sample lots.
Local Housing Partnership (LHP) Approach to Affordable Housing: Ms. Scieszka had requested this discussion because she was concerned about the direction of the Local Housing Partnership (of which she is a Planning Board representative) and the direction of its housing consultant. She stated that the housing consultant’s examples are from blighted urban areas that are “build-oriented.” She stated that she had issues with the concern that the Local Initiative Proposal (LIP) process is too onerous and should be streamlined. She also expressed her concern with potential 40R projects in the Town of Duxbury. She stated that the West Bay Landing developers were not considering an LIP project until the housing consultant suggested it.
Ms. Stickney stated that the housing consultant for Island Creek, Mr. Marchant, had recently worked with developers on a 40R project in the Town of Dartmouth. Ms. Scieszka stated that including the 40R process in the Town’s Planned Production Plan might have suggested to developers that the Town is receptive to the concept. Ms. Stickney noted that the Department of Housing and Community Development (DHCD) is promoting the 40R process to the development community.
Ms. Stickney expressed her opinion that, overall, the housing consultant has done a good job for the Town. She stated that he has provided the Town with a number of options. She stated that the LHP has its own checks and balances built in because members are appointed by a combination of six boards and the Board of Selectmen. She stated that the LHP approach is to challenge developers to come up with creative solutions to affordable housing.
Ms. MacNab expressed agreement with Ms. Scieszka’s concerns. She stated that some LHP members are oriented toward one goal, which is different from the Planning Board’s “big picture” approach. She urged Board members to participate in the process to make their opinions known. Ms. Stickney advised members that all land use boards will be invited to a September 13, 2007 presentation hosted by the Local Housing Parnership on the proposed expansion of the Island Creek development.
Ms. MacNab asked how the Board could help Ms. Scieszka, and she stated that she is looking for ideas on more strategies such as the Affordable Housing Trust. Mr. Halligan suggested that the housing consultant, Mr. Phillip Mayfield, could attend a future Planning Board meeting. Mr. Kimball asked how much funding remains in the housing consultant’s fund, and Ms. Stickney replied that $10,000.00 is available, and Mr. Mayfield is writing a proposal for future work. Mr. Kimball suggested that the Board needs to design a plan to help direct the Housing consultant’s work. Ms. Stickney asked if this would be a community wide plan or if it would be directed toward specific locations. Mr. Kimball suggested that the Board could execute some strategies presented in the Community Development Plan. He stated that the
Planned Production Plan was the first part of a process, and now a plan should be made for the Town.
Ms. Stickney noted that the housing consultant’s work has produced the Planned Production Plan, the Affordable Housing Trust, and the Home Buyers’ Program. She stated that he has produced a lot of work at a reasonable cost. Ms. Scieszka asked about a Priority Development Grant, and Ms. Stickney replied that funds are still available and the LHP wants to submit an application for technical assistance with Island Creek and other proposals. To do this, the previous Priority Development Grant for the affordable housing bylaw needs to be presented to Town Meeting. Even if Town Meeting chooses not to accept the bylaw, the LHP has met the DHCD requirement.
OTHER BUSINESS
Millbrook Crossing Administrative Site Plan Review Withdrawal: Ms. Stickney noted that the applicants have sent a letter dated June 26, 2007 to withdraw their application for administrative site plan review. Ms. MacNab noted that when the applicants merged lots they gave up grandfathered protection on the individual lots. Mr. Halligan noted that the clean-up of hazardous waste discovered on the site could take years.
MOTION: Mr. Halligan made a motion, and Mr. Wadsworth provided a second, to accept the applicants’ request to withdraw Administrative Site Plan Review application for Millbrook Crossing, Railroad Avenue and St. George Street. There was no discussion regarding the motion.
VOTE: The motion carried unanimously, 6-0.
Engineering Invoices:
MOTION: Mr. Wadsworth made a motion, and Mr. Bear provided a second, to approve payment of the following Amory Engineer invoices:
§ Invoice #11751A in the amount of $548.75 for services related to Dingley Dell
§ Invoice #11751B in the amount of $62.50 for services related to Bongi’s.
There was no discussion regarding the motion
VOTE: The motion carried unanimously, 6-0.
MOTION: Mr. Wadsworth made a motion, and Mr. Halligan provided a second, to approve payment of the following Mainstream Engineering invoices:
§ Invoice #20959 in the amount of $2,967.60 for services related to Berrybrook
§ Invoice #20984 in the amount of $1,377.50 for services related to Berrybrook
§ Invoice #20969 in the amount of $166.30 for services related to Millbrook Crossing.
There was no discussion regarding the motion.
VOTE: The motion carried unanimously, 6-0.
Thank You Letter to Associate Member: Mr. Halligan presented suggested revisions to the draft letter. A final draft will be presented at the next meeting.
Meeting Minutes:
MOTION: Mr. Wadsworth made a motion, and Mr. Halligan provided a second, to approve the following meeting minutes as amended:
§ March 26, 2007
§ May 7, 2007
§ June 11, 2007 Executive Session.
There was no discussion regarding the motion
VOTE: The motion carried unanimously, 6-0.
MOTION: Mr. Wadsworth made a motion, and Mr. Bear provided a second, to approve the meeting minutes of April 30, 2007 as written. There was no discussion regarding the motion.
VOTE: The motion carried, 5-0-1, with Ms. Scieszka abstaining.
It was agreed to defer approval of meeting minutes from April 23, 2007 and July 9, 2007 until the next Board meeting.
Hornbeam Road Special Permit with Zoning Board of Appeals (ZBA): Ms. MacNab reported that she attended the ZBA public hearing for this shared pier application, and after much discussion the ZBA agreed that the application did not meet Zoning Bylaw requirements and allowed the applicants to withdraw.
Duxbury Farms Plan Endorsement: Ms. MacNab referenced a fax from Town Counsel, Atty. Robert Troy dated July 23, 2007 and distributed at tonight’s meeting, notifying the Board regarding a possible endorsement of a plan showing fee simple lots for the Duxbury Farms 40B development. In that fax, Atty. Troy notes that the ZBA chairman has suggested that ZBA members can endorse the plan as long as language is added to the plan certifying that it is consistent with the Comprehensive Permit approved by the Board of Appeals. While Atty. Troy maintains that the sole mechanism for approval of a plan for purposes of recording at the Registry of Deeds is the Planning Board, he stated that the ZBA’s suggestion is in accordance with legal standards as long as the developer’s Regulatory Agreement is in place.
Ms. MacNab advised Board members that she will work with Ms. Stickney to draft a letter to the Registry of Deeds advising them that plans may be submitted without Planning Board endorsement. Ms. MacNab noted that without a recorded plan, the developers will not be able to close on the sale of any property. Ms. Stickney noted that, to her knowledge, the plans have not been signed by the ZBA. Ms. MacNab asked Ms. Stickney to determine from the Town Manager how the fax from Town Counsel had been initiated. Ms. MacNab stated that if the Registry records the plan, Planning Board members could notify the Board of Selectmen. Ms. Scieszka suggested that a letter could be sent immediately to the Board of Selectmen, but it was agreed to wait on this plan of action.
ADJOURNMENT
The Planning Board meeting was adjourned at 10:43 PM. The next meeting of the Planning Board will take place on Monday, August 6, 2007 at 7:30 PM in Town Offices, Small Conference Room, lower level.
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