Approved April 14, 2008
Town of Duxbury
Massachusetts
Planning Board
Minutes 03/31/08
The Planning Board met in Duxbury Town Offices, Small Conference Room, lower level on Monday, March 31, 2008 at 7:30 PM.
Present: Amy MacNab, Chairman; George Wadsworth, Vice-Chair; Cynthia Ladd Fiorini, and Harold Moody.
Absent: Brendan Halligan, Clerk; John Bear and James Kimball.
Staff: Christine Stickney, Planning Director; and Diane Grant, Administrative Assistant.
Ms. MacNab called the meeting to order at 7:32 PM.
OPEN FORUM
Newly Elected Planning Board Members: Ms. MacNab welcomed newly elected Board member, Ms. Ladd Fiorini, who was elected to a five-year term, and also welcomed back Mr. Moody, who was re-elected to a five-year term.
Freeman Farms Subdivision: Mr. Wadsworth reported that Conservation Administrator, Mr. Joseph Grady, has discovered a substantial amount of sand in the drainage system due to new construction. Ms. Stickney called the developer, who responded by cleaning out the catch basins and the drainage system. Mr. Wadsworth noted that until the road becomes a public way, it is under the Planning Board’s purview to ensure that drainage systems are in working order. Ms. Stickney noted that the spring is a good time of year to inspect drainage systems at subdivisions with homeowners’ associations, and advised the Board that she will request the DPW to perform inspections during the next month.
Millbrook Crossing: Ms. MacNab reported that she had attended a preliminary meeting between developers of the Goodrich property on Railroad Avenue and the Town Manager, Town department heads, and Ms. Elizabeth Sullivan and Mr. Jon Witten of the Board of Selectmen. The purpose of the meeting was for the applicants to present a preliminary plan for a proposed 40B development at the site. The applicants are proposing 46 to 48 residential units with a 7,000 square foot commercial component as well.
Ms. MacNab reported that the proposal is still in the planning stages, and it appears that the 40B approach is being taken as a way to allow for a raised septic system on the site. Ms. Stickney noted that the Board of Health had turned down a previous application for an earlier mixed use proposal with a raised septic system.
Ms. Stickney noted that a site eligibility letter had been received by the Town today. The current proposal has the same footprint as the previous application, but proposes an additional 34 residential units. Ms. Stickney expressed doubt that Mass Housing would approve the site eligibility because of a lack of detail on the currently proposed plans. She also noted that the site eligibility letter had been submitted within the one-year waiting period that will end in June 2008.
Planning Board Reorganization: Ms. MacNab recommended postponing reorganization until a future meeting when more members are present.
APPROVAL NOT REQUIRED PLAN OF LAND: 105 & 69 SAINT GEORGE STREET
Atty. Brian Cook, who resides at 105 Saint George Street, was present for the discussion. Ms. MacNab advised Atty. Cook that the co-applicant, Mr. Thorbahn of 69 Saint George Street, had requested a postponement of the application through a letter dated March 31, 2008 from his attorney, John McCluskey. Atty. Cook requested that the Board proceed with the discussion. Ms. MacNab advised Atty. Cook that the Board would prefer to have both parties present considering Mr. Thorbahn’s written request to postpone the discussion. It was agreed to postpone the discussion until the next Board meeting.
MOTION: Mr. Wadsworth made a motion, and Mr. Moody provided a second, to continue the discussion regarding an Approval Not Required Plan of Land for 105 and 69 Saint George Street until April 14, 2008 at 8:30 PM.
VOTE: The motion carried unanimously, 4-0.
A mutual extension form had previously been signed by the applicants extending the decision deadline to April 30, 2008.
WITHDRAWAL OF ADMINISTRATIVE SITE PLAN REVIEW APPLICATION: 766 TEMPLE STREET / INDUSTRIAL TOWER AND WIRELESS LLC
Ms. Stickney advised the Board that the applicants had submitted a letter dated March 14, 2008 to withdraw their application for a cell tower at 766 Temple Street. The applicants have received a variance from the Zoning Board of Appeals to construct a cell tower at an alternate site, 454 Franklin Street. Ms. Stickney advised the Board that the applicants have filed for Administrative Site Plan Review for the 454 Franklin Street site, with the initial public meeting scheduled for April 14, 2008.
MOTION: Mr. Moody made a motion, and Mr. Wadsworth provided a second, to approve without prejudice the withdrawal of an Administrative Site Plan Review application for 766 Temple Street / Industrial Tower and Wireless, pursuant to the applicant’s written request in a letter dated March 14, 2008. There was no discussion regarding the motion.
VOTE: The motion carried unanimously, 4-0.
OTHER BUSINESS
Because it was not yet time for the schedule public meeting, the Board addressed other business.
Escrow Release Requests:
MOTION: Mr. Wadsworth made a motion, and Mr. Moody provided a second, to approve the release of any remaining escrow funds for the Amado Way subdivision pursuant to the applicant’s written request submitted March 21, 2008.
VOTE: The motion carried unanimously, 4-0.
MOTION: Mr. Moody made a motion, and Mr. Wadsworth provided a second, to approve release of any remaining escrow funds for administrative site plan review of 21 Chestnut Street pursuant to a written request submitted by the applicant, Mr. Kevin Griffin, in a letter dated March 21, 2008.
VOTE: The motion carried unanimously, 4-0.
Zoning Bylaw Revisions: Ms. Stickney offered to work on revising Section 615 of the Zoning Bylaws, Administrative Site Plan Review, to remove exempt businesses that may be protected from administrative site plan review by the Dover Amendment.
Ms. Stickney also reported that she has been working on revising parking requirements for Zoning Bylaws. She will meet with a sub-committee to review proposed revisions. Mr. Wadsworth and Mr. Bear will represent the Board on this sub-committee.
Meeting Minutes:
MOTION: Mr. Wadsworth made a motion, and Mr. Moody provided a second, to approve the following meeting minutes as amended:
§ February 25, 2008
§ March 3, 2008
§ March 8, 2008.
VOTE: The motion carried unanimously, 4-0.
Engineering Invoice:
MOTION: Mr. Wadsworth made a motion, and Mr. Moody provided a second, to approve Fay Spofford, Thorndike invoice #4 dated March 4, 2008 in the amount of $98.29 for services related to Duxbury Bay Maritime School administrative site plan review.
VOTE: The motion carried unanimously, 4-0.
CONTINUED PUBLIC MEETING, ADMINISTRATIVE SITE PLAN REVIEW:
95 TREMONT STREET / STANDISH, L.L.C. (OLIVER MEDICAL BUILDING)
Ms. MacNab opened the continued public meeting at 8:30 PM. Present for the discussion were the applicant, Dr. Scott Oliver; his attorney, David Delaney; and his engineer, Mr. Paul Brogna. Mr. Wadsworth read the correspondence list into the public record:
§ Letter from Dep. Chief Carrico dated 03/03/08 re: no exceptions to proposed parking lot
§ Coverage definitions from Duxbury Zoning Bylaws, submitted by G. Wadsworth at 03/03/08 PB meeting
§ Mutual Extension form signed on 3/03/08
§ Draft meeting minutes of 03/03/08
§ Memo from P. Williams to S. Lambiase dated 02/01/08 re: Title V compliance
§ Revised plans dated 03/20/08 with cover letter dated 03/21/08
§ Staff memo dated 03/26/08
§ Draft decision dated 03/31/08
§ Revised site plan dated 03/31/08.
Mr. Brogna submitted a newly revised site plan sheet dated March 31, 2008 to replace a plan that had been submitted to the Planning office earlier that day. The revision corrected a curb cut. The revised site plan depicts fencing as requested at the Board meeting of March 3, 2008. Ms. MacNab noted that fencing has replaced the hedge that was previously proposed to run along Tremont Street. Mr. Brogna noted that all fencing will be installed on the Oliver’s property, and not in the State layout.
Ms. MacNab asked about the current proposal for the two lanes that connect the front parking area to the new rear parking area for employees. Mr. Brogna stated that two “No Parking” signs will be posted on either side of the lanes. Ms. Stickney advised the Board that the Fire Department believes that the no parking regulation will be enforceable once it is approved by the Highway Safety Committee and the Board of Selectmen. Ms. MacNab noted that once approved, the Police Department would be able to issue a ticket for violations.
Mr. Wadsworth asked why no concrete stops or fencing are proposed in certain areas along the front and rear parking areas. Mr. Brogna replied that an existing retaining wall, grading, vegetation, and currently-proposed parking spaces would prevent vehicles from parking outside of designated spaces. Mr. Wadsworth stated that he believes fencing should be required along the lanes that connect the front and rear parking areas. Ms. Stickney stated that fencing along Tremont Street is the most critical public safety issue. She also noted that the “No Parking” signs will be in place to discourage illegal parking along the lanes.
Mr. Wadsworth noted that the applicants are not creating enough parking spaces to meet the current demand, as presented in Ms. Oliver’s October 18, 2007 vehicle count. He expressed a lack of confidence that vehicles would comply with “No Parking” signs. He asked about the fire lane striping, and Ms. Stickney reported that the Fire Department approved the striping as depicted on the plans.
The Board members reviewed a draft decision dated March 31, 2008 and made several revisions to wording and placement of conditions. Ms. MacNab noted that since the revisions are substantial, the Board would need to review them again at a future meeting.
Board members also discussed the transmittal letter that would be sent to the Zoning Board of Appeals with the Administrative Site Plan Review decision. It was agreed that the following areas of concern should be included in the transmittal document:
§ Compliance of use with original special permit from 1998. It is recommended that the Zoning Enforcement Officer ensure that the second floor is being used for professional offices rather than medical or dental practices.
§ A request that the Zoning Board of Appeals consider whether a variance may be required for coverage higher than permitted
§ The Board requested that the applicant pursue satellite parking, but it is not considered viable by the applicant at this time.
MOTION: Mr. Wadsworth made a motion, and Mr. Moody provided a second, to continue the public meeting for Administrative Site Plan Review of 95 Tremont Street / Standish LLC until April 14, 2008 at 7:45 PM, with a decision deadline of April 30, 2008.
VOTE: The motion carried unanimously, 4-0.
Atty. Delaney and Board members signed a mutual extension form.
ADJOURNMENT
The Planning Board meeting was adjourned at 9:50 PM. The next meeting of the Planning Board will take place on Monday, April 14, 2008 at 7:30 PM at Duxbury Town Offices, Small Conference Room, lower level.
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