Town of Duxbury
Massachusetts
Planning Board
Minutes 11/03/08
Approved November 17, 2008
The Planning Board met in Duxbury Town Offices, Mural Room, lower level on Monday, November 3, 2008 at 7:30 PM.
Present: Amy MacNab, Chairman; Brendan Halligan, Clerk; George Wadsworth, Vice-Chair; John Bear, and Harold Moody.
Absent: James Kimball and Cynthia Ladd Fiorini.
Staff: Christine Stickney, Planning Director; Diane Grant, Administrative Assistant.
Ms. MacNab called the meeting to order at 7:34 PM. There were no Open Forum items.
ANR PLAN OF LAND: KEENE AND UNION STREETS / RADZEVICH
Present for the discussion was Mrs. Elizabeth Radzevich of 485 Keene Street. Ms. MacNab noted that although the plan presented does not meet area requirements, it does not affect frontage on either lot. She confirmed with Ms. Stickney that the plan presented reflects two other recent ANRs involving 723 Union Street. Ms. Radzevich confirmed that her property would make her lot over 11,000 square feet in area.
MOTION: Mr. Bear made a motion, and Mr. Halligan provided a second, to approve a plan of land entitled, “Plan of Land, 723 Union Street, Duxbury, Mass. Drawn for Elizabeth Radzevich,” dated October 22, 2008, stamped and signed by Thomas J. Sullivan, PLS – one sheet, as not requiring approval under Subdivision Control Law.
VOTE: The motion carried unanimously, 5-0.
Board members signed the mylar and two copies of the ANR plan.
WORK SESSION: POTENTIAL TOWN MEETING WARRANT ARTICLES
Mr. J.R. Kent was present as a representative of the Lot Coverage working group, along with Board members Mr. Bear and Ms. Ladd-Fiorini. Mr. Wadsworth and Mr. Bear served on the Parking Bylaw working group.
Zoning Bylaw Section 302 (Definitions) and Section 425 (Neighborhood Business Districts) – Building and Lot Coverage Plus Open Space: Mr. Kent distributed a spreadsheet he had created showing the building coverage, lot coverage, and open space for various commercial buildings in the Town of Duxbury. His analysis appeared to demonstrate that existing buildings could comply with the proposed 20% building coverage and 20% open space coverage. The issue of a maximum site coverage (no more than 80%) varies with the age of the building development and the material that comprises the parking surface.
Mr. Wadsworth questioned the benefit of a building coverage requirement, and Mr. Kent replied that it protects the Town from buildings that are too large, assuming the building use remains the same over time. Mr. Kent noted that the proposed 20% building coverage is more of a guideline than a restriction, while a 15% building coverage would restrict a commercial property owner.
Ms. MacNab expressed a concern with the proposed definition of “open space.” It was agreed to use the term “vegetative and organic matter” rather than “vegetative and/or covered with organic matter.” Ms. Stickney was not sure that the Conservation Commission had discussed the proposed open space requirement (425.1.5.e).
Ms. MacNab asked if wetlands would count toward the 20% open space requirement. Ms. Stickney stated that, as written, it does count, while Mr. Bear’s interpretation was that the open space requirements are silent on the matter.
A question was raised regarding why the Wetlands Protection Overlay District (WPOD) was included under Section 425.1.5.e as proposed. Board members were directed to the definition of “total area..” It was agreed that the Conservation Administrator and Conservation Commission should be brought into the discussion. During discussion, it was noted that Section 302 (Definitions) and Section 425.1.5.e (Lot Area, Frontage, Depth Dimensions and Coverage) as proposed appear to contradict one another.
Zoning Bylaw Section 603 (Parking Regulations): Ms. Stickney noted that the proposed revisions represent an overhaul of the parking bylaw. She stated that the working group reviewed the current use table and then looked at existing businesses in Town, as well as regulations from other Towns in the area to develop this bylaw. They developed an extensive use table that includes reserve parking areas and adds queuing, two areas that had not been addressed by prior parking bylaws. Board members requested that the abbreviation for Gross Square Footage be spelled out for the reader.
Mr. Moody asked how the number of parking spaces was determined for each category, and Ms. Stickney responded that she researched fifty other towns’ data and culled out the restrictions that would best fit the Town of Duxbury. Mr. Bear added that the proposed bylaw revision establishes a range of uses as anticipated by the applicant.
Mr. Wadsworth expressed a concern with parking regulations that are based on the number of employees, asking what would happen if the number of employees increased after the special permit was approved. Mr. Halligan noted that enforcement would be critical. Ms. Stickney noted that this was the intent for use in an enforcement issue.
Ms. MacNab asked how the reserve parking requirements were determined, and Ms. Stickney responded that many Towns are adding this requirement to anticipate future needs, similar to septic requirements that anticipate future increase in use. The owner designs and lays out the parking but may not build until a later date.
Mr. Kent commented that he would like to see more specifics on required lighting in Section 603.12, including references to other applicable sections in the Zoning Bylaws.
Ms. MacNab asked about proposed vehicle stacking requirements, commenting that it is very innovative and forward-thinking. Ms. Stickney explained that the vehicle stacking and kiosk stacking requirements came from reviewing other towns’ parking regulations.
Mr. Bear, who served on the parking bylaw working group, noted that the Zoning Board of Appeals (ZBA) needs to be brought in on this discussion and also with the proposed lot coverage revisions. Ms. MacNab suggested sending both proposed bylaw revisions with a cover letter inviting the ZBA members to be part of the process for feedback and input.
Zoning Bylaw Section 615 (Administrative Site Plan Review): Based on advice from Town Counsel in a memorandum dated October 14, 2008, Ms. MacNab recommended postponing any discussion on proposed changes to this bylaw until a current court appeal has been resolved.
Zoning Bylaw Section 610 (Wireless Telecommunications Service Facilities): Ms. Stickney noted that the Zoning Board of Appeals (ZBA) had not gotten back to the Planning Board regarding their position that a wireless district may be needed, based on a joint discussion on October 6, 2008. Board members agreed to postpone the discussion until the ZBA’s position is clarified.
Zoning Map Revision: Ms. Stickney noted that proposed Zoning Map changes are basically housekeeping items.
Other Potential Warrant Articles: Mr. Wadsworth noted that a stormwater drainage bylaw may be eventually mandated by the state.
Ms. Stickney noted that the Town Treasurer, Ms. Beth Conway, had sent an email on October 27, 2008 regarding a potential warrant article that would allow the Town to lien unpaid charges owed to the Town onto a property owner’s tax bill, according to MGL Chapter 40, Section 58. Ms. Stickney noted that the article did not apply to the Planning Board because it is not a licensing agent.
Ms. Stickney also noted that the Local Housing Partnership (LHP) is proposing up to three potential articles through the Community Preservation Act (CPA): a housing recycling program; design and specification funds for a property near Camp Wing that was purchased by the Town for affordable housing at Annual Town Meeting 2008; and funds for purchasing a property for affordable housing on Tremont Street.
Ms. MacNab noted that a recent court case denied the Town of Newton using CPA funds toward a pre-existing recreational facility. She stated that this may have implications on the CPA funding of artificial turf fields for school properties voted at Annual Town Meeting 2008. Staff offered to forward the case to Board members, along with Town Counsel’s opinion on the ramifications to the Town of Duxbury’s turf project.
Ms. Stickney noted that the developers of Island Creek expansion on Tremont Street may be putting forward a request to rezone certain parcels of their property to accommodate commercial operations.
Ms. MacNab noted that the deadline for submitting warrant articles for Annual Town Meeting 2009 is Tuesday, December 9, 2008. Ms. Stickney noted that Town Counsel, Atty. Robert S. Troy, will be available at Town Hall on Wednesday, November 12, 2008 to review proposed warrant articles. She also noted that recommendations regarding warrant articles may be needed by the end of January 2009, stating that it may be difficult to accommodate that schedule.
OTHER BUSINESS
Engineering Invoices:
MOTION: Mr. Halligan made a motion, and Mr. Wadsworth provided a second, to pay the following Mainstream Engineering invoices dated September 30, 2008
- Invoice #21167 in the amount of $188.50 for services related to Berrybrook School.
- Invoice #21168 in the amount of $101.50 for services related to Duxbury Yacht Club storage facility
- Invoice #21171 in the amount of $101.50 for services related to Duxbury Yacht Club maintenance building
VOTE: The motion carried unanimously, 5-0
Freeman Farms: Board members reviewed a letter from Mr. Brad Cushing of Elm Street Realty Trust in response to a follow-up letter the Planning Board had sent regarding a discussion on July 28, 2008 about the Freeman Farms subdivision off of Elm Street. Ms. Stickney noted that Mr. Wadsworth had expressed a remaining concern about sediment washout from a hilly lot, which she and the Director of Inspectional Services, Mr. Scott Lambiase, will be checking on. Mr. Wadsworth noted that the hill has not been stabilized.
Board members noted that Mr. Cushing had asked whether the Board would consider waiving subdivision approval conditions requiring sidewalks and lighting, noting that neighbors agree that they are not needed. Ms. Stickney noted that these would be substantial revisions, and Board members directed staff to reply to Mr. Cushing that a modification to the subdivision approval would be required.
Millbrook Crossing 40B: Ms. MacNab noted that staff had sent a review letter to the Town Manager regarding a site eligibility request for this project on Railroad Avenue. It was also noted that her review did not represent a Planning Board recommendation. Ms. MacNab expressed her desire to draft a recommendation on behalf of the Board. She asked staff to find out a due date for comments and when the topic would be on the Board of Selectmen’s agenda.
Island Creek Expansion, Tremont Street: Ms. Stickney noted a letter from the Zoning Board of Appeals (ZBA) to the developer dated October 24, 2008, stating that the project is ineligible because the Town has met its affordable housing requirements under the “safe harbor” provision. Ms. MacNab noted that once the Town of Duxbury has produced 26 units of affordable housing, it is considered a safe harbor from comprehensive permits.
Ms. MacNab reported that the ZBA Chairman, Mr. Dennis Murphy, had contacted her with a concern that Planning staff had given the State Department of Housing and Community Development (DHCD) conflicting information. Ms. Stickney had recently submitted a Subsidized Housing Inventory (SHI) form on a routine basis around the time that Mr. Murphy sent a copy of his letter of October 24, 2008 to the DHCD, and her numbers did not match the numbers in Mr. Murphy’s letter. Ms. MacNab noted that upon receiving Mr. Murphy’s letter, a representative from DHCD contacted Ms.
Stickney for specifics on the SHI. Ms. MacNab stated that this was a matter of miscommunication and it is in the best interest of the Town for both boards to work together.
Duxbury Crossing, off Enterprise Street: Ms. Stickney noted a letter from the Director of Inspectional Services, Mr. Scott Lambiase, to the developer, Mr. Tringale, instructing him to file a Site Alteration Special Permit from the Planning Board due to extensive land clearing in 2004, and notifying him that fines accrued since a stop work order was issued in May 2004 amount to $82,800.00. Ms. Stickney noted that Mr. Tringale’s office had contacted her this week and may be filing for a special permit.
Cease and Desist Orders, 201 Marshall Street and 42 Evergreen Street: The Board reviewed two letters dated October 29, 2008 from Mr. Scott Lambiase, Director of Inspectional Services, to the property owners, both regarding tree clearing that appears in excess of the allowable 30,000 square feet maximum allowed in Zoning Bylaws. Ms. Stickney noted that it is now up to the property owners to demonstrate whether their land clearing has exceeded the maximum. A special permit through the Planning Board may be required by one or both of the property owners.
Annual Report FY2008: Board members reviewed a draft annual report and submitted minor revisions.
Meeting Minutes:
MOTION: Mr. Wadsworth made a motion, and Mr. Bear provided a second, to approve meeting minutes of October 6, 2008 as written.
VOTE: The motion carried unanimously, 5-0.
Planning Board Meeting Schedule: Ms. Stickney noted that, due to preparation for Annual Town Meeting in March 2009, the Board will meet every Monday in January through March.
ADJOURNMENT
The Planning Board meeting adjourned at 10:05 PM. The next meeting of the Planning Board will take place on Monday, November 17, 2008 at 7:30 PM at Duxbury Town Offices, Small Conference Room, lower level.
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