Town of Duxbury
Massachusetts
Planning Board
Minutes 01/07/08
Approved January 28, 2008
The Planning Board met in Duxbury Town Offices, Small Conference Room, lower level on Monday, January 7, 2008 at 7:30 PM.
Present: Amy MacNab, Chairman; George Wadsworth, Vice-Chair; Brendan Halligan, Clerk; James Kimball, Harold Moody and Angela Scieszka.
Absent: John Bear.
Staff: Christine Stickney, Planning Director; and Diane Grant, Administrative Assistant.
Ms. MacNab called the meeting to order at 7:32 PM.
OPEN FORUM
Planning Board Elections: Mr. Moody reported that he had pulled nomination papers to renew his Planning Board term. Later in the meeting Ms. Scieszka advised the Board that she would not seek re-election.
Duxbury Farms: Ms. MacNab reported that the Planning office had received a 40-page email from Mr. James Lampert, chairman of the Zoning Board of Appeals (ZBA), after business hours today regarding the Planning Board’s review of the Duxbury Farms plan to ensure compliance with Subdivision Rules and Regulations that were not waived in the comprehensive permit decision. Ms. MacNab stated that she had a concern that Mr. Lampert’s comments and the applicant’s comments were cut and pasted onto a letter with the Planning Board’s letterhead. She stated that she would submit a letter to the Board of Selectmen advising them of this inappropriate use of the Planning Board’s letterhead.
Ms. MacNab noted that Mr. Lampert has requested that Planning Board members attend a January 17, 2008 ZBA hearing regarding this topic. She suggested that the Board could address Mr. Lampert’s comments at their next meeting.
Later in the meeting, Ms. Stickney reported that Mr. Walter Amory, Planning Board consulting engineer for this project, also has been invited to attend the January 17, 2008 ZBA hearing. Ms. MacNab recommended that the Board first needed to review Mr. Lampert’s memorandum to determine what type of direction the ZBA was looking for. After some discussion, it was agreed to address this item during next week’s meeting.
OTHER BUSINESS
Because it was not yet time for the public hearing, the Board addressed other business.
Island Creek Expansion, off Tremont Street: Ms. Stickney reported that the Town had received a project eligibility application from the developer with the intent to file a 40B comprehensive permit application for a project that would include 238 new housing units on 16.9 acres of land, along with underground parking, a clubhouse, pool, wastewater treatment plant, and maintenance garage. She stated that she will be submitting a review letter to the Board of Selectmen.
Proposed Special Town Meeting Warrant Article Requiring Paved Parking in Neighborhood Business (NB) Districts: Ms. MacNab reported that she had attended a meeting with Mr. J.R. Kent, Ms. Stickney, and the Director of Inspectional Services, Mr. Scott Lambiase. During the discussion the idea was brought up to require paved parking in NB districts as a way to circumvent the debate over pervious versus impervious coverage. Subsequent to the meeting, Ms. Stickney drafted language and submitted the proposed article to the Board of Selectmen. Ms. Stickney reported that the Board of Selectmen would be deciding at their meeting tonight if the article would go forward under the Annual Town Meeting or Special Town Meeting warrant. The article has been advertised to cover either venue.
Engineering Invoices:
MOTION: Mr. Halligan made a motion, and Mr. Moody provided a second, to approve payment of the following engineering invoices:
§ Vine Associates invoice #1404-2 dated December 14, 2007 in the amount of $1,062.50 for services related to 95 Tremont Street
§ Mainstream Engineering invoice #21057 dated December 21, 2007 in the amount of $368.00 for services related to Duxbury Yacht Club maintenance building, off Harrison Street.
VOTE: The motion carried unanimously, 5-0.
Ms. Stickney noted that Mr. Thomas Sexton of Mainstream Engineering would like to meet with the Board to discuss the issue of inspections for Administrative Site Plan Review projects.
Meeting Minutes: Ms. MacNab requested more time to review meeting minutes from November 26, 2007.
MOTION: Mr. Halligan made a motion, and Mr. Moody provided a second, to approve meeting minutes of December 3, 2007 as amended.
VOTE: The motion carried unanimously, 5-0.
CONTINUED PUBLIC MEETING, ADMINISTRATIVE SITE PLAN REVIEW:
766 TEMPLE STREET / INDUSTRIAL TOWER & WIRELESS, LLC
No one was present to represent the application, although the applicants had signed a mutual extension form to continue the public meeting. Ms. Stickney noted that the Zoning Board of Appeals (ZBA) is working with the applicant on two potential sites. Ms. MacNab noted that the applicant requires a variance from the ZBA before proceeding with the Administrative Site Plan Review.
MOTION: Mr. Halligan made a motion, and Mr. Moody provided a second, to continue the public meeting for Administrative Site Plan Review of 766 Temple Street / Industrial Tower and Wireless, LLC until February 25, 2008, with revised plans and materials due February 11, 2008 and a decision date of March 25, 2008.
VOTE: The motion carried unanimously, 5-0.
Board members signed the mutual extension form.
PUBLIC HEARING:WARRANT ARTICLES FOR ANNUAL TOWN MEETING 2008
Ms. MacNab opened the public hearing at 8:19 PM. Mr. Halligan read the public notice into the record. No members of the public were present for the discussion.
Zoning Bylaw Section 560.11 Regarding Payment in Lieu of Affordable Housing Construction: Ms. Stickney noted that this proposed amendment was a result of a recent Planned Development. In determining the inclusionary payment for this project, it was brought to her attention that the developer was allowed to construct thirty percent of the total units before any payment would be required. Ms. Stickney recommended that a payment should be initiated with the first building permit. The intent of the proposed amendment is not to change the total payment amount but to redistribute that amount to earlier in the construction process.
Board members discussed the wording and how the bylaw could be presented more clearly. Mr. Wadsworth questioned whether another hearing would be required if the wording is amended. Ms. Stickney advised that since the intent of the proposed changes remains the same and only the wording would change, that a new public hearing is not required. The proposed wording had not been published in the legal advertisement.
MOTION: Mr. Wadsworth made a motion, and Mr. Halligan provided a second, to continue the public hearing for a proposed amendment to Zoning Bylaw Section 560.11 regarding payment in lieu of affordable housing construction until January 14, 2008 at 8:00 PM. There was no discussion regarding the motion.
VOTE: The motion carried unanimously, 5-0.
Zoning Bylaw Section 906.5 (A) Regarding the Requirement of a Land Surveyor’s Stamp for Special Permit Site Plans: Ms. Stickney noted that Mr. James Lampert, Chairman of the Zoning Board of Appeals, had questions regarding this proposed amendment, explaining in written comments that it may be inconsistent with Zoning Bylaw Section 615.4 (Administrative Site Plan Review, Contents of Site Plan) which requires plans to be stamped by an engineer, architect, landscape architect, or land surveyor. He questions why a Land Surveyor’s stamp is required on special permits for residential projects, when it is not necessarily required for commercial projects. He also stated in written comments that “there are a number of simple special permit applications that simply don’t need this type
of detailed plan.”
Ms. MacNab noted that when the Planning Board reviews special permit applications for recommendations to the Zoning Board of Appeals, generally the lot and/or the building are nonconforming. Without a plan stamped by a land surveyor, there is no way to determine if site coverage and setbacks are correct. Board members agreed that it is fair to require a land surveyor’s stamp on plans to confirm what is depicted.
MOTION: Mr. Wadsworth made a motion, and Mr. Halligan provided a second, to close the public hearing for a proposed Annual Town Meeting 2008 warrant article to amend Zoning Bylaw Section 906.5 (A) in order to require a land surveyor’s stamp on site plans for special permit applications. There was no discussion regarding the motion.
VOTE: The motion carried unanimously, 5-0.
Ms. MacNab noted that a vote would be taken at a future Board meeting.
CONTINUED PUBLIC MEETING, ADMINISTRATIVE SITE PLAN REVIEW: DUXBURY BAY MARITIME SCHOOL, 31 MATTAKEESET COURT (A/K/A 457 WASHINGTON STREET)
Ms. MacNab opened the continued public meeting at 8:47 PM. Mr. Halligan read the correspondence list into the public record:
§ Handout distributed by N. Lawson at public meeting of 11/19/07 with DBMS responses to Planning Board issues with proposed project
§ Sweetser’s vehicle easement and view easement plans submitted by J. Davis at public meeting of 11/1/9/07
§ Mutual extension form signed on 11/19/07 continuing public meeting to 01/07/08
§ Meeting minutes of 11/19/07
§ Revised plans dated 12/13/07 with cover letter and additional materials
§ Review letter from D. Glenn of Fay, Spofford and Thorndike dated 12/28/07
§ Letter from J. Pye dated 01/03/08 with attached copies of easement plans
§ Email with attachments from P. Brennan to D. Glenn dated 01/04/08 re: trench drain and weir manhole details
§ Email from Dep. Chief Carrico dated 01/07/08 re: no Fire Department issues with plans.
Present for the applicants were Mr. Ned Lawson, Project Coordinator and former Executive Director; Mr. Charles Leonard, new Executive Director; Mr. Patrick Brennan, engineer; and Mr. Shawn Dahlen. Also present was Town Consulting Engineer, Mr. David Glenn of Fay, Spofford and Thorndike LLC.
Ms. MacNab asked if the applicants had addressed all outstanding issues. Mr. Lawson noted that he had retired as Executive Director of the Maritime School, and that Mr. Leonard is now Executive Director. He stated that he is now Project Coordinator. He noted that questions had been answered regarding the weir to the manhole, and a capacity analysis of the seawall drain shows that it will accommodate a 25 year peak storm.
Mr. Lawson stated that he has an issue with the recommendation for additional signage to show one-way traffic flow. The plans currently show a “Do Not Enter” sign and arrows on the pavement. One-way traffic is an issue for nine weeks during the summer youth program for two hours per day, at dropoff and pickup times. The Maritime School educates families and senior instructors are present to help direct traffic. This plan has been in effect for ten years with no issues.
Mr. Lawson noted that the Fire Department had given the plans their approval. He also noted that, if required, a Notice of Intent will be filed with the Environmental Protection Agency for a National Pollutant Discharge Elimination System (NPDES), which is the stormwater construction permit.
Ms. Stickney noted that she had recommended that plans should depict an easement from behind the Sweetser’s building to Mattakeeset Court. According to a letter received today from the applicant’s attorney, James Pye, the Maritime School is the only party with rights to the easement. Ms. Stickney noted that a copy of Atty. Pye’s letter had been distributed to Board members for tonight’s meeting. Since there is no other party involved, she has no remaining issues with the matter.
Ms. MacNab asked if this easement was a concern for Mr. Jack Davis, owner of the Sweetser’s building. Ms. Stickney replied that Mr. Davis was concerned with a different access easement which runs from Washington Street to the back of the building. Ms. Stickney noted that a plan dated 2002, signed by Mr. Alan Vautrinot, land surveyor and showing the perimeter boundaries, has been submitted to the Planning office. This plan also shows Land Court lines. It has been recorded at the Registry of Deeds but not at Land Court.
Ms. MacNab asked about an issue raised by Mr. Joseph Grady, Conservation Administrator, regarding location of the building within the Velocity Zone. Ms. Stickney responded that although Mr. Grady and other Conservation Commission members had concerns, orders of condition were issued for the project.
Ms. MacNab asked about drainage calculations. Mr. Glenn noted that he had reviewed them and requested more information regarding the trench drain capacities. That information was provided to him on January 4, 2007.
Mr. Glenn stated that he still recommends one-way signage according to MUTCD standards.
Mr. Glenn noted that the fire lane requires proper marking. Ms. Stickney noted that Deputy Chief William Carrico had indicated that designated signage is sufficient rather than striping. The signage would be enforceable. Mr. Lawson stated that the Maritime School is attempting to minimize signage in order to keep the area clean and aesthetically pleasing. Ms. Scieszka asked how many signs were required and Mr. Dahlen replied that a total of five signs were required.
Mr. Glenn noted that the applicants will be preparing a stormwater pollution plan as well as an erosion control plan. Mr. Lawson noted that a sediment control plan had been approved by the Conservation Commission already. Ms. Stickney advised Mr. Lawson to submit that plan to the Planning office.
Mr. Lawson noted that haybales will be placed around catch basins to catch sediments from going down the ramp. Mr. Wadsworth asked about the discharge capacity, and Mr. Brennan replied that it is over an inch of rain within a 24 hour period.
Ms. MacNab asked which part of the new building the applicants anticipate leasing, and Mr. Lawson responded that 3,000 square feet is anticipated, noting that the required ten parking spaces are shown on the site plan. The leased space would be located on the second floor above the boat storage. Ms. MacNab advised the applicants that protection under Chapter 40A for exempt organizations is lost under leased use. Mr. Dahlen noted that the applicants are proposing to lease out less space than they currently lease.
Ms. MacNab stated that she has concerns with the use of crushed shells in the parking area, including the handicap spaces. Mr. Lawson noted that the wheelchair access will be paved and marked with a sign. Mr. Kimball agreed with Ms. MacNab that it makes practical sense to pave the handicap parking spaces. Mr. Lawson noted that the Maritime School has an AccessSail program and has utilized gravel handicap parking successfully. Ms. MacNab stated that the Commission on Disabilities expressed the opinion at a recent public meeting that all handicap parking spaces should be paved. Mr. Kimball added that the Director of Inspectional Services may decide that State building codes may require it. Mr. Kimball also questioned the location of the handicap spaces. Mr. Lawson agreed to consult with Mr. Scott Lambiase, the Director of
Inspectional Services.
Mr. Wadsworth stated that the loading area should be paved as well for stabilization. Mr. Dahlen stated that although a loading area is marked on plans, in reality there will be no loading area because they do not need one.
Ms. MacNab asked what the current site coverage is, and Mr. Lawson responded that the building coverage is gradually and consistently being reduced. Ms. Scieszka advised the applicants that the site plan should include information on the existing and proposed site coverage.
Board members summarized outstanding information required:
§ Site calculations on plan
§ One-way sign
§ Landscape plan
§ Delineation of stone/crushed shells, paved asphalt, and all buildings
§ Paved handicap spaces
§ Signature block on all sheets.
Ms. MacNab advised staff to prepare draft conditions.
MOTION: Mr. Halligan made a motion, and Mr. Moody provided a second, to continue the public meeting for Administrative Site Plan Review of Duxbury Bay Maritime School to February 4, 2008, with revised plans due by January 22, 2008 and a decision deadline of March 4, 2008.
VOTE: The motion carried unanimously, 5-0.
The applicant and Board members signed a mutual extension form.
ADJOURNMENT
The Planning Board meeting was adjourned at 10:22 PM. The next meeting of the Planning Board will take place on Monday, January 14, 2008 at 7:30 PM in Town Offices, Small Conference Room, lower level.
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