Approved 07/14/08
Town of Duxbury
Massachusetts
Planning Board
Minutes 05/19/08
The Planning Board met in Duxbury Town Offices, Mural Room, lower level on Monday, May 19, 2008 at 6:30 PM.
Present: Amy MacNab, Chairman; George Wadsworth, Vice-Chair; John Bear; and James Kimball.
Absent: Brendan Halligan, Clerk; Cynthia Ladd Fiorini, and Harold Moody.
Staff: Christine Stickney, Planning Director; and Diane Grant, Administrative Assistant.
Ms. MacNab called the meeting to order at 6:30 PM.
EXECUTIVE SESSION WITH TOWN COUNSEL AND BOARD OF SELECTMEN
MOTION: Mr. Bear made a motion, and Mr. Wadsworth provided a second, to enter Executive Session in order to discuss matters of pending litigation with Town Counsel. A roll call vote was taken. Ms. MacNab, Mr. Wadsworth, Mr. Bear, and Mr. Kimball voted in favor of the motion.
The Planning Board went into Executive Session at 6:34.
OPEN SESSION
MOTION: Mr. Kimball made a motion, and Mr. Wadsworth provided a second, to exit Executive Session and re-enter Open Session. A roll call vote was taken. Ms. MacNab, Mr. Wadsworth, Mr. Bear, and Mr. Kimball voted in favor of the motion.
The Planning Board re-entered Open Session at 7:34.
OPEN FORUM
Duxbury Farms 40B Development, off Franklin, Valley & High Streets
Town Counsel, Atty. Robert Troy, was present for the discussion. Ms. MacNab noted that there were numerous items that remain noncompliant pursuant to the Planning Board’s review letter to the Zoning Board of Appeals (ZBA) dated November 30, 2007. Atty. Troy noted that the Planning Board’s role was advisory, and the ZBA’s role is to consider the Planning Board’s comments and use their discretion to consider items that need further review.
Ms. MacNab noted that the Planning Board clearly has jurisdiction over Subdivision Rules & Regulations. Atty. Troy stated that the law is clear that the Planning Board has no standing to appeal a 40B. Ms. MacNab responded that, even with the cursory review performed by the Planning Board, significant issues were revealed as being noncompliant with Subdivision Rules and Regulations and noncompliant with the ZBA’s own comprehensive permit. She felt that the ZBA disregarded issues raised by the Planning Board to the possible detriment of the Town. Atty. Troy stated that his job is to interpret law, and he can only address issues with the law. He noted that the ZBA did take time to review the Planning Board’s recommendations, and that the ZBA disagreed with the Planning Board.
Ms. MacNab stated that the Planning Board never received documentation from the ZBA with reasoning as to why they disagreed with the Planning Board recommendations. At this point, the Town will not have the benefit of enforcing non-waived items that have not been complied with, such as the location of underground utilities. Ms. MacNab noted that the Duxbury Farms 40B permit essentially created a subdivision without compliance with Subdivision Rules and Regulations, which is not in the best interest of the Town.
Atty. Troy stated that he believes the ZBA took time to review issues raised by the Planning Board. He suggested that the Planning Board could make a public inquiry to review tapes or written records of the ZBA special permit deliberations. Mr. Wadsworth stated that he does not believe the ZBA records their meetings, and noted that members take their own minutes.
Ms. MacNab noted that she is uncomfortable with leaving these non-compliant issues outstanding. She asked if the Planning Board could appeal the issuance of building permits to the Building Inspector. Atty. Troy offered to look into the matter if the entire Planning Board wished him to.
Atty. Troy suggested that the Planning Board meet with the ZBA to agree on a protocol for how to handle issues such as this in the future. He noted that the ZBA members stated that they found the Planning Board’s comments to be helpful although they did not agree with all of the comments. Ms. MacNab stated that the Planning Board remains committed to good working relationships with all land use boards, as the Town benefits when boards respect each other’s roles in the process. She expressed hope that the boards can move forward in that manner.
DISCUSSION WITH MR. J.R. KENT REGARDING COVERAGE
Mr. J.R. Kent was present for this discussion. Mr. Kent had submitted a citizen’s petition for Annual Town Meeting 2008 with a proposal to revise Zoning Bylaws to increase lot coverage to ninety percent, and to add building coverage at fifty percent. That article had been indefinitely postponed in order to gather consensus from land use boards on establishing the percentages of coverage.
Mr. Kent stated that he is working on the issue, noting that parking requirements also need to be increased in commercially zoned areas. He recommends that increasing the minimum lot coverage is the best way to do this. He offered to work with the Board if they wanted to pursue it.
Ms. MacNab agreed that the issue needs to be addressed. Mr. Wadsworth noted that if the amount of parking is increased, the value of the building increases also. The downside is that increased parking may result in an increase in traffic. It also may create a decrease in the amount of green area and result in a larger “heat island.” He also noted that Town residents do not seem to support an increase in commercial activities. These issues create challenges for support of a revised Zoning Bylaw.
Ms. MacNab noted that the Town’s current maximum of fifty percent site coverage is much lower than other comparable Towns, although an increase to ninety percent she believes is extreme. She stated that she is looking for middle ground. Mr. Wadsworth noted that Town residents appear to be favoring open space. He also noted that at least one Zoning Board of Appeals (ZBA) member believes that enforcement could be an issue.
Ms. MacNab noted that there appeared to be some Town support of an increase in lot coverage based on attendance at public hearings prior to Annual Town Meeting. Mr. Bear noted that only a small portion of Town properties are zoned commercially, so the environmental impact would be minimal. He also stated that he does not believe traffic would increase substantially with more parking.
Mr. Kent added that the reality is that the lot coverage in the Hall’s Corner business area is close to 100 percent. Mr. Bear noted that many other existing businesses are at approximately eighty percent lot coverage. Ms. Stickney agreed that lot coverage and parking requirements need to be increased, and building coverage needs to be added to Zoning Bylaws.
Mr. Kimball suggested that the Board consider a formula that could be applied. He cited a recent project as a good example of a building that is too large for the lot. The owners cannot use one floor of the building because there is inadequate parking due to the size of the building on the lot.
Ms. MacNab suggested that a subcommittee should be established that includes staff and members from the Planning Board, ZBA and Conservation Commission. All issues should be reviewed. Ms. Stickney noted that a parking subcommittee has already been established but has not yet met. She noted that uses need to be redefined as well. Mr. Kent offered to serve as a member of the business community. Ms. MacNab directed staff to issue a letter of invitation to the other boards that would include a milestone date.
ANR PLAN OF LAND: TEMPLE STREET NEAR RIVER STREET / CONNOR
Rick Servant from Stenbeck and Taylor Surveyors was present for the discussion. Ms. Stickney noted that the owner, Mr. Connor, would like to divide a four-acre parcel near Camp Wing into two parcels. Both parcels are within the Aquifer Protection Overlay District. Mr. Wadsworth noted that the Town is in the process of purchasing land surrounding these parcels. He also noted that both parcels contain adequate frontage.
MOTION: Mr. Wadsworth made a motion, and Mr. Bear provided a second, to endorse a plan of land entitled, “Plan of Land in Duxbury, MA Showing the Division of Parcel 010C-0102-0000, Temple Street, Drawn for Tim Connor” dated May 12, 2008 and stamped by William Joseph McGovern, PLS, as not requiring approval under Subdivision Control Law.
VOTE: The motion passed unanimously, 4-0.
The Planning Board members signed a mylar and two copies of the plans.
SONG SPARROW AS-BUILT
Ms. Stickney noted that the applicant had addressed all outstanding issues regarding the plans, and the plan has been recorded at the Registry of Deeds. A covenant has been established for completion of the project. Mr. Wadsworth asked if a cement bound had been raised as requested in a Planning Board meeting of February 25, 2008. Ms. Stickney stated that the bound had been marked but not raised. She noted that the Subdivision Rules and Regulations at the time of approval did not require raised bounds.
MOTION: Mr. Bear made a motion, and Mr. Wadsworth provided a second, to approve an As-Built plan entitled “Roadway As-Built, Song Sparrow Lane,” with a condition that plans dated February 25, 2008 be revised and that a bound be raised two to three inches above ground.
VOTE: The motion carried unanimously, 4-0.
Ms. Stickney noted that lot release is requested, also.
MOTION: Mr. Bear made a motion, and Mr. Wadsworth provided a second, to release Lots 1 and 2 on Song Sparrow Estates subdivision as shown on an As-Built plan for Song Sparrow Estates dated February 25, 2008, to be revised according to an earlier motion.
VOTE: The motion carried unanimously, 4-0.
Ms. Stickney noted that the applicant continues to have a difference in opinion with the Town consulting engineer regarding invoices. Ms. MacNab noted that both were advised to submit in writing a proposed credit. Ms. MacNab suggested that the applicant be sent a letter with a response deadline, based on the next available Planning Board meeting date.
ANR PLAN OF LAND: BIRCH STREET / TOWN OF DUXBURY WATER DEPT.
Ms. MacNab noted that this is the site of the land swap between the Town Water Department and Conservation Commission for a replacement water tower. The Water Department is swapping a large area of land in another part of Town in order to purchase a smaller piece of land that could accommodate a new water tower on Birch Street.
Mr. Wadsworth noted that the plan does not show the entire parcel from which the acquired lot is taken, and Ms. Stickney noted that it is a very large parcel that is shown on the locus map. Mr. Wadsworth noted that Parcels 1 and 2 were identified on the plan. Mr. Bear noted that both parcels contain adequate frontage. Ms. MacNab noted that this application is basically a transfer of land from one Town entity to another.
MOTION: Mr. Wadsworth made a motion, and Mr. Kimball provided a second, to approve a plan of land entitled, “Plan of Land in Duxbury, MA Prepared for the Duxbury Water Department & Conservation Commission” dated January 23, 2007 and stamped by Richard J. Hood, PLS, as not requiring approval under Subdivision Control Law.
VOTE: The motion carried unanimously, 4-0.
Board members signed the ANR mylar and two paper copies.
OTHER BUSINESS
Engineering Invoice:
MOTION: Mr. Bear made a motion, and Mr. Wadsworth provided a second, to pay Amory invoice #12168 dated May 2, 2008 in the amount of $375.00 for services related to 454 Franklin Street (cell tower).
VOTE: The motion carried unanimously, 4-0.
Tree Removal at Library Municipal Building: Board members reviewed a memo from staff to the acting DPW Director, Mr. Peter Buttkus, regarding tree removal. Ms. MacNab noted that she has witnessed other trees being removed on scenic roads without a tree hearing. Ms. Stickney noted that utilities are exempt from required tree hearings. It is also up to the Director of Public Works to authorize tree removal for dead trees and trees impeding line of sight along roadways.
Meeting Minutes:
MOTION: Mr. Wadsworth made a motion, and Mr. Bear provided a second, to accept meeting minutes of April 28, 2008 as written.
VOTE: The motion carried unanimously, 4-0.
MOTION: Mr. Kimball made a motion, and Mr. Bear provided a second, to accept meeting minutes of May 5, 2008 as amended.
VOTE: The motion carried 3-0-1, with Mr. Wadsworth abstaining.
Berrybrook School, Winter Street: Ms. Stickney noted that the school needs to move a temporary trailer in order to open the new building, and the owner needs to post a bond on project completion in order to obtain a Certificate of Occupancy. Ms. Stickney requested authorization to obtain an estimate for completion from the Town consulting engineer in order to establish the bond amount.
MOTION: Mr. Bear made a motion, and Mr. Wadsworth provided a second, to authorize staff to send a letter to the Town consulting engineer to request an estimate for a bond to be posted against project completion for Berrybrook School on Winter Street.
VOTE: The motion carried unanimously, 4-0.
The Board also authorized staff to sign a temporary Certificate of Occupancy if requested, once the bond has been posted.
ADJOURNMENT
The Planning Board meeting adjourned at 9:04 PM. The next meeting of the Planning Board will take place on Monday, June 2, 2008 at 7:30 PM at Duxbury Town Offices, Small Conference Room, lower level.
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