Approved 08/11/08
Town of Duxbury
Massachusetts
Planning Board
Minutes 07/28/08
The Planning Board met in Duxbury Town Offices, Mural Room, lower level on Monday, July 28, 2008 at 7:30 PM.
Present: Amy MacNab, Chairman; Brendan Halligan, Clerk; George Wadsworth, Vice-Chair; Cynthia Ladd Fiorini; Harold Moody; and James Kimball.
Absent: John Bear; and Diane Grant, Administrative Assistant.
Staff: Christine Stickney, Planning Director.
Ms. MacNab called the meeting to order at 7:35 PM. Open Forum was deferred until later in the evening.
DISCUSSION FREEMAN FARMS SUBDIVISION/UPDATE
Present for the discussion was Mr. Brad Cushing, Trustee of Elm Street Realty Trust; John Moon, Project Supervisor; Ned Chase, builder; and three residents of the subdivision. Ms. MacNab explained that the matter had been on the last meeting’s agenda in error, and that tonight was the meeting date agreed to by Mr. Cushing. Ms. Stickney apologized for the mix up in dates and summarized the limited discussion at the meeting of July 14, 2008. Ms. Stickney noted that the original intent of the meeting was to discuss with the developer an anticipated time frame for build-out, discussion of routine maintenance, and seasonal plowing.
Mr. Cushing explained that his original intent was to develop the most challenging lots first. The development of this most recent lot has incurred some run-off and maintenance issues, but Mr. Moon assured the Board that these have now been addressed. Mr. Cushing said he has no problem with finishing the road and seeking street acceptance if that is what the Planning Board would like to see done. Ms. MacNab explained that the Planning Board was not seeking to speed up the development but rather address certain issues that are arising as more residents begin to occupy the subdivision.
Ms. Stickney noted that routine maintenance is needed as well as assurance that this coming winter the road could be plowed early into a snow event because of the school bus route through the subdivision. She cited a past subdivision where plowing and sanding had been an issue as to timing and the buses would not enter the subdivision. Mr. Cushing understood the concern and asked that he be held to no higher a standard than any other developer or the Town.
Ms. Stickney noted that it is the developer’s prerogative to seek completion of the road and street acceptance. Ms. MacNab raised the concern for the integrity of the road with each lot’s development and assurance that repairs would be made. Ms. Stickney explained that if the road were to be accepted and there remained lots still undeveloped, then the Department of Public Works and the Building Department would have to work concurrently to assure the proper street opening permits with bonds were obtained. Since the final finish coat of payment has been accomplished already, then they may require a higher amount for the street opening permit and bond. She cited a recent example of Deer Run and the remaining lot that had a $10,000 cash bond per the DPW’s request while it underwent acceptance
from Town Meeting. Ms. Stickney also noted that Amory Engineers will need to review and inspect the base coat given it has been six years plus, to assure it will serve as adequate support of the finish coat. The applicant will need to coordinate with the Town on scheduling this review.
As to the matters of silt, construction debris and a wood pile in the vicinity of the layout of Cushing Drive at Lot 11, the builder, Mr. Ned Chase, committed to addressing all of those issues as well as removal of materials.
Mr. Mark Keating of #36 Ice House Road noted that his wife had been in to talk with Ms. Diane Grant about concerns she had with the subdivision. Ms. Keating had sent an email with a number of questions and concerns. Ms. MacNab acknowledged the Planning Board had seen her email and that many of her questions could be easily answered by the Town Planner. She recommended that Ms. Keating make an appointment and meet with Ms. Stickney.
Ms. Stickney noted that she could answer almost of Ms. Keating’s concern with the exception of lighting. Mr. Moon noted there are no street lights except at the intersection of Ice House and Elm Street. Mr. Cushing added if the neighbors wanted to have lights, perhaps there could be a trade off with regard to the sidewalks. Ms. Stickney noted the Planning Board’s policy relative to minor and major modifications and how they are handled.
Mr. Cushing added that a few years back they had approached the DPW Director at the time, Mr. Thomas Daley, to dress up the entrances with a stone wall and landscaping; however, they were discouraged by the DPW from proceeding because it would have to occur within the street layout. The Planning Board suggested he reconsider this offer given there is a new DPW Director.
APPROVAL NOT REQUIRED PLAN OF LAND: 84 MARSHALL STREET / LOJKO
Mr. Paul Brogna of Seacoast Engineering was present to represent this application. Mr. Brogna explained that the property owner, along with his neighbors, is seeking a permit for a shared pier. Filings required detailed plans given the land is registered that go to Land Court. Land Court requires Planning Board endorsement of any plan presented to them.
Ms. MacNab questioned if the extension of the lot lines into the tidal area provided additional square footage. Mr. Brogna responded no; the lot remained at 1.58 acres. Mr. Brogna explained the only administrative mechanism for obtaining Planning Board endorsement is through the ANR process. Ms. MacNab cited a past request, the Hinckley property off Washington and Surplus Street, in which language was added to the plan to explain it was only an endorsement. Mr. Brogna noted that staff provided him with this language. After some discussion on the issue, it was agreed to continue the matter to the next meeting to afford Mr. Brogna time to inquire with Land Court as to the placement of language that reads, “The plan which is endorsed hereto is in a form required by Land Court and contains an
endorsement which does not create any lots but instead clarifies survey boundaries.” Mr. Brogna agreed to carry it over to the next meeting.
MOTION: Mr. Moody made a motion, and Mr. Halligan provided a second to continue this matter to August 11, 2008 with a decision deadline of August 26, 2008.
VOTE: The motion carried unanimously, 6-0.
Mr. Brogna and Board members signed a mutual extension form that is to be recorded with Town Clerk.
ADMINSTRATIVE SITE PLAN REVIEW: INDUSTRIAL TOWER & WIRELESS (CELL TOWER) / 454 FRANKLIN STREET
Ms. Stickney informed the Planning Board that the applicants submitted a written request to withdraw their application from Franklin Street. Members reviewed Industrial Communications’ correspondence.
MOTION: Mr. Halligan made a motion, and Mr. Moody provided a second, to accept the applicant’s request for withdrawal of the application without prejudice.
VOTE: The motion carried unanimously, 6-0.
AS-BUILT APPROVAL: 11 WASHINGTON STREET / TRIEBEL
Per the request of the applicant’s engineer, the matter was continued to the next Planning Board meeting.
ZBA REFERRAL: SR PERIWINKLE REALTY CORP, 433 & 441 WASHINGTON STREET
Members reviewed the materials submitted by the Board of Appeals, the administrative site plan decision, and the ZBA decision. Ms. MacNab recalled discussion of vistas during the review process and questioned if a condition as such had been included in the site plan review decision. Ms. Stickney noted that only condition #13 relative to the emergency access came close to what areas should be left open since “vistas” was more of a ZBA issue.
Mr. Moody and Ms. Ladd Fiorini both mentioned their concern for how this issue of vistas should be addressed; this is a business of maritime use. Board members reviewed the pictures provided before and after completion of the project. Members asked staff to obtain the letters referred to in Mr. JR Kent’s letter to the ZBA dated July 21, 2008. The matter was continued to the next meeting date, August 11, 2008.
ZBA REFERRAL: DUXBURY CROSSING LLC, ENTERPRISE AND CARESWELL STREETS
Ms. Stickney noted that the Zoning Board of Appeals (ZBA) had issued a comprehensive permit for this project on January 9, 2006. After many appeals and remands, the project is ready to move forward and the materials before the Planning Board are those additional waivers based on project review by the ZBA’s consulting engineer, Mainstream Engineering, in need of attention by the Board of Appeals. This is similar to the last request the Board saw with Brewster Commons.
Ms. MacNab questioned if there had ever been any resolution as to the tree clearing and the applicant paying fines. Ms. Stickney will inquire with Mr. Lambiase as to the matter and let the Board know.
MOTION: Mr. Halligan made a motion, and Mr. Kimball provided a second, to defer judgment to the Zoning Board of Appeals regarding the Comprehensive Permit application for Duxbury Crossing LLC, off Enterprise Street and Careswell Street, but making note as to the tree cutting issue that should be addressed.
VOTE: The motion carried unanimously, 6-0.
OTHER BUSINESS
Engineering Invoices: The Planning Board reviewed Mainstream Engineering invoices dated May 31, 2008 and June 30, 2008 for services related to Berrybrook School, as well as Mr. Sexton’s correspondence. The Planning Board affirmed that Mainstream Engineering is under contract until the end of this calendar year and any changes to subcontractor’s fees is Mr. Sexton’s issue, not the Planning Board’s. When the next RFP is issued he is welcome to submit a proposal and adjust his fees at that time. The Planning Board directed staff to return the invoices to Mainstream Engineering to be adjusted per the contract.
Duxbury Farms: Mr. Wadsworth noted on recent site visit, a new trench for utilities had been cut into the pavement of the road, possibly for telephone.
Zoning Board of Appeals: Ms. MacNab asked staff to inquire for the next meeting on the following: membership including Chairperson, the 95 Tremont Street project status, and the Industrial Communication project status.
Tree Clearing: Ms. MacNab asked staff to review the section of the Zoning Bylaws regarding land clearing relative to a conversation as to residential exemptions. Ms. Stickney noted her comment was relative to the exemption under 611.5 if in excess of 30,000 cleared. Mr. Wadsworth asked staff to review the bylaw for consecutive clearings.
ADJOURNMENT
The Planning Board meeting adjourned at 9:15PM. The next meeting of the Planning Board will take place on Monday, August 11, 2008 at 7:30 PM at Duxbury Town Offices, Small Conference Room, lower level.
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