Approved March 3, 2008
Town of Duxbury
Massachusetts
Planning Board
Minutes 02/04/08
The Planning Board met in Duxbury Town Offices, Small Conference Room, lower level on Monday, February 4, 2008 at 7:30 PM.
Present: Amy MacNab, Chairman; George Wadsworth, Vice-Chair; Brendan Halligan, Clerk; John Bear, Harold Moody, and Angela Scieszka.
Absent: James Kimball.
Staff: Christine Stickney, Planning Director; and Diane Grant, Administrative Assistant.
Ms. MacNab called the meeting to order at 7:34 PM.
OPEN FORUM
Joint Meeting with Zoning Board of Appeals (ZBA): Ms. MacNab confirmed this meeting is scheduled to take place on February 7, 2008 at 7:00 PM in the Mural Room of Town offices.
Open Space Housing Impact: Mr. Wadsworth distributed handouts with two sheets outlining the financial impact of school-aged children on the Town finances. Figures were taken from an estimate of the Town’s financial cost on the Duxbury Estates planned development using FY 2006 figures. He stated that the Town does not gain tax revenue until there are no school-aged children in the home. It was noted that the lower the valuation of the dwelling or the more children per dwelling, the higher the tax burden on the Town. He explained that this rationale will be used in support of the Town’s proposed open space purchases at Annual Town Meeting 2008.
Grange Building, Franklin Street: Mr. Bear reported that the Community Preservation Committee (CPC) has several warrant articles for Annual Town Meeting 2008. One is a proposal co-sponsored by the Local Housing Partnership (LHP) for the Town to purchase the Grange building on Franklin Street. A purchase and sales agreement has been signed for a purchase price of $50,000. The LHP issued a Solicitation of Interest with five responses for renovation work. A Request for Proposals has been issued for renovation work to convert the Grange and abandoned Town-owned fire station next door into affordable housing units. The fire station would be a one-bedroom unit, and the Grange would be a two-bedroom unit, and the two buildings would share a septic system. Ms. Stickney explained that the intent would be to keep the
characteristics of the existing buildings rather than a complete historic restoration. The buildings would be on a land lease agreement with a non-profit organization, which would pay for the cost of renovations.
Affordable Housing Purchase Assistance Program: Mr. Bear reported on another Town meeting warrant article that the CPC is co-sponsoring with the LHP, the home ownership program. Mr. Bear asked if units generated through this program would count toward the Town’s affordable housing units, and Ms. Stickney explained it would be up to the Department of Housing and Community Development, and an attempt is being made to confirm it. Ms. Scieszka noted that funds generated through this program can only be spent through the Affordable Housing Trust. Mr. Wadsworth explained that this group would be similar to a Town authority. Homeowners who qualify would be able to obtain up to $50,000 in funds toward their mortgage, and would not have to repay until the property is sold again.
Camp Wing: Mr. Bear reported that the CPC is proposing a Town Meeting warrant article for a land purchase near Camp Wing, near Keene Street and Temple Street. From that property, three acres are proposed as a potential site for three affordable housing units on two lots, with a total of twelve bedrooms. The Town would own the property but lease the land to a non-profit agency. Mr. Bear reported that the Board of Selectmen had not made a recommendation yet on this proposed warrant article.
Ms. Scieszka expressed her dissatisfaction with utilizing the comprehensive permit route for this project, stating that the Town would be using the LIP program to bypass Town zoning regulations. As representative to the LHP, she asked for the Board’s input to pass along.
Takiln Building, Summer Street: Mr. Bear reported that construction bids for renovation may not be available until four days before Annual Town Meeting. He has suggested to the CPC to indefinitely postpone the proposed Town Meeting warrant article requesting construction funds. It could be added to a Special Town Meeting warrant, although the construction work must be awarded by July 1, 2008 due to time limits placed at Annual Town Meeting 2007.
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 8:23 PM. Present to represent the applicants were Mr. Shawn Dahlen and Mr. Chuck Leonard. Mr. Halligan read the correspondence list into the public record:
§ Letter from DBMS handed to PB members at 1/7/08 PB meeting addressing FST letter
§ Handout from N. Lawson at 1/7/08 meeting – table of impervious coverage
§ Mutual Extension Form – continuing public meeting to 2/4/08
§ Planning Board Minutes of 1/7/08
§ Revised site plans submitted 1/11/08 by Amory Engineering
§ Email from Patrick Brennan dated 1/11/08 with brief outline of changes to plan
§ Transmittal to FST dated 1/14/08 – sending revised plans
§ Email from D. Glenn at FST dated 1/28/08 – plans were reviewed, no additional comments
§ Draft Conditions dated 2/4/08 prepared by staff
§ Email from D. Glenn at FST dated 2/4/08 recommending additional language to condition #22.
Board members reviewed draft conditions. Mr. Bear noted that the applicants’ will make every effort to place utilities underground where possible. Ms. Stickney noted that NStar would not allow the applicants to place wires from an existing pole underground, and also one other new utility pole will be placed above ground.
Mr. Dahlen questioned the condition that all drainage and stormwater work shall be completed prior to occupancy of the new building. He stated that the project will be done in phases, so it may be possible that they need to occupy the new building prior to completion of the stormwater and drainage work. Ms. Stickney advised Mr. Dahlen that the school could choose to post a performance guarantee by cash or bond to cover the estimated cost of completion. Mr. Dahlen asked if a temporary occupancy permit could be granted instead, and Ms. Stickney replied that only a performance bond would work to ensure that the As-Built will be completed. Mr. Dahlen questioned how long the As-Built process would take and Ms. MacNab assured him that it is a fairly expeditious process.
Ms. Stickney noted a condition that all safety signage shall be in accordance with Manual on Uniform Traffic Control Devices. Mr. Leonard confirmed that they would comply with this condition.
Board members added a condition that a marked crosswalk will be placed near the accessible ramp. Other minor wording clarifications were made.
MOTION: Mr. Bear made a motion, and Mr. Wadsworth provided a second, to approve Administrative Site Plan Review plans entitled, “Duxbury Bay Maritime School, Duxbury, Massachusetts, Construction of Facilities Building,” 4 sheets, dated August 16, 2007 and revised on December 13, 2007 and January 8, 2008, stamped by Patrick G. Brennan, P.E., with conditions as modified at this meeting. There was no discussion regarding the motion.
VOTE: The motion carried 5-0-1, with Ms. Scieszka abstaining.
Later during the meeting, Board members signed the plans.
SONG SPARROW AS-BUILT APPROVAL
Ms. Stickney noted that neither the applicant, Mr. Jay Woodruff, or the Town consulting engineer, Mr. Thomas Sexton of Mainstream Engineering, were able to attend tonight’s meeting. She reported that both parties have issues that need to be worked out. It was agreed to schedule the applicant and engineer to attend the Board’s February 25, 2008 meeting.
OTHER BUSINESS
11 Washington Street Engineering Review: Ms. Stickney noted that the applicants are scheduled to meet with the Board on February 11, 2008 for Administrative Site Plan Review. The applicants are questioning whether a Town consulting engineer is required for this review since existing site conditions are not changing. Ms. Scieszka noted that the current plans appear to be incomplete, because they are missing topographical information and information on how a drainage issue had been resolved.
Ms. Stickney reported that although there had been drainage issues in the past, those issues appear to have been resolved by adding crushed stone underneath the parking lot when it was repaved by the previous owner.
It was agreed that staff would review the current plans to help guide the Board’s decision on whether peer engineer review would be required for this application.
Right to Farm Annual Town Meeting Article: The Board reviewed this proposed bylaw, along with the enabling State legislation. Ms. MacNab requested that staff notify the Agricultural Commission and the Finance Committee that the Board has no issues with the proposed bylaw.
Affordable Housing Trust Annual Town Meeting Article: Board members reviewed the proposed Affordable Housing Trust. One change was recommended regarding the Article Third, stating the causes for removal of a Trustee by the Board of Selectmen. The original phrase was, “acts of the Trustee that….are grossly negligent or detrimental to the Town of Duxbury or the Trust.” Mr. Halligan suggested removal of the word “grossly,” stating that the Town should not have the burden of proving such a higher standard of negligence, which is not in the best interest of the Town.
Ms. Scieszka stated that she does not support the proposed trust because of the extent of power granted to the Affordable Housing Trust with this document.
MOTION: Mr. Wadsworth made a motion, and Mr. Bear provided a second, to recommend approval of a proposed Affordable Housing Trust warrant article for Annual Town Meeting 2008, suggesting deletion of the term “grossly” from Article Third. There was no discussion regarding the motion.
VOTE: The motion carried 4-1-1, with Ms. Scieszka voting against and Ms. MacNab abstaining.
Affordable Housing Trust Allocation Plan: Ms. Stickney noted some revisions to the proposed article. Board members suggested moving an allocation goal from one category to another.
MOTION: Mr. Bear made a motion, and Mr. Wadsworth provided a second, to recommend approval of the Affordable Housing Trust Allocation Plan for the Fiscal Year 2009 warrant article for Annual Town Meeting 2008, with amendments discussed at tonight’s meeting. There was no discussion regarding the motion.
VOTE: The motion carried 5-1, with Ms. Scieszka voting against.
Community Preservation Committee Article for Acquisition of the Grange Building on Franklin Street: Ms. MacNab suggested that the Board defer voting on this article until closer to Annual Town Meeting when they could vote on all proposed CPC articles at once.
Engineering Invoice:
MOTION: Mr. Wadsworth made a motion, and Mr. Halligan provided a second, to approve payment of Fay, Spofford & Thorndike invoice #2 dated January 17, 2008 in the amount of $1,965.80 for work related to Administrative Site Plan Review of Duxbury Bay Maritime School.
VOTE: The motion carried unanimously, 6-0.
Meeting Minutes:
MOTION: Mr. Wadsworth made a motion, and Mr. Halligan provided a second, to approve meeting minutes of January 28, 2008 as amended.
VOTE: The motion carried unanimously, 6-0.
Duxbury Farms: Ms. Stickney noted that the performance bond for this comprehensive permit had been approved as to form by Town Counsel. She expressed her concern that tri-party agreements are not always recognized by the FDIC, and recommended that another type of bond or cash surety should be considered instead. Ms. Stickney noted that the covenant had already been recorded. With issuance of this performance bond, lots could be released.
Ms. MacNab noted that the issue remains regarding how the Board can ensure that enforcement issues raised in its matrix submittal to the Zoning Board of Appeals will be addressed. She expressed her concern that serious issues may result from this application going forward, including the registration of fee-simple lots and of their clear titles. After some discussion, it was agreed to direct staff to request the Planning Board to go before the Board of Selectmen after Annual Town Meeting, or earlier if possible.
Parking Bylaw: Mr. Wadsworth agreed to serve on a working committee that would review current Zoning Bylaws for parking and make recommendations for Annual Town Meeting 2009. Committee members would include Ms. Stickney; Mr. Scott Lambiase, Director of Inspectional Services; Mr. Joseph Grady, Conservation Administrator; one Planning Board member, and one Zoning Board of Appeals member. Mr. Bear offered to serve as back-up to Mr. Wadsworth.
Economic Advisory Committee: Ms. Stickney noted that the proposed disbandment of the Economic Advisory Committee has been removed from the Annual Town Meeting 2008 warrant. Selectman, Mr. Andre Martecchini, is interested in pursuing a review of the Hall’s Corner area.
ADJOURNMENT
The Planning Board meeting was adjourned at 10:25 PM. The next meeting of the Planning Board will take place on Monday, February 11, 2008 at 7:30 PM in Town Offices, Small Conference Room, lower level.
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