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TOWN OF DUXBURY
CONSERVATION COMMISSION
PUBLIC HEARING
The Duxbury Conservation Commission will hold a Public Hearing in the Mural Room, Lower Level, Town Hall, under the Town of Duxbury Wetlands Bylaw, Chapter 9 and Massachusetts Wetlands Protection Act, MGL, Ch. 131, Section 40, on Tuesday evening, May 13, 2008 at 7:55 p.m. on the request of Duxbury Construction LLC to construct a foundation under existing sunroom in the buffer to bordering vegetated wetlands as described in a Notice of Intent filed with the Conservation Commission on April 28, 2008. Said project is located at 15 Quail Run, lot 200-885-038 of the Duxbury Assessors Map.
JOSEPH MESSINA
Chairman
TOWN OF DUXBURY
CONSERVATION COMMISSION
PUBLIC HEARING
The Duxbury Conservation Commission will hold a Public Hearing in the Mural Room, Lower Level, Town Hall, under the Town of Duxbury Wetlands Bylaw, Chapter 9 and Massachusetts Wetlands Protection Act, MGL, Ch. 131, Section 40, on Tuesday evening, May 13, 2008 at 8:05 p.m. on the request of Richard Johnson to construct a stone picnic pavilion, boardwalks and landscape in the buffer to bordering vegetated wetlands as described in a Notice of Intent filed with the Conservation Commission on April 29, 2008. Said project is located at 68 Goose Point Lane, lots 200-052-024 and 200-052-020 of the Duxbury Assessors Map.
JOSEPH MESSINA
Chairman
TOWN OF DUXBURY
CONSERVATION COMMISSION
PUBLIC MEETING
The Duxbury Conservation Commission will hold a Public Meeting in the Mural Meeting Room, Lower Level, Town Hall, under the Town of Duxbury Wetlands Bylaw, Chapter 9 and Massachusetts Wetlands Protection Act, MGL, Ch. 131, Section 40, on Tuesday evening, May 13, 2008 at 8:15 p.m. on the request of Sean Driscoll to determine the applicability of the Massachusetts Wetlands Protection Act and the Town of Duxbury Wetlands Bylaw relative to a project described in a Request for Determination filed with the Conservation Commission on April 23, 2008. Said project is a pond management program to control nuisance aquatic vegetation and is located 727 Bay Road, lot 160-025-005 of the Duxbury Assessors Map.
JOSEPH MESSINA
Chairman
TOWN OF DUXBURY
CONSERVATION COMMISSION
PUBLIC HEARING
The Duxbury Conservation Commission will hold a Public Hearing in the Mural Room, Lower Level, Town Hall, under the Town of Duxbury Wetlands Bylaw, Chapter 9 and Massachusetts Wetlands Protection Act, MGL, Ch. 131, Section 40, on Tuesday evening, May 13, 2008 at 7:45 p.m. on the request of Duxbury Beach Reservation, Inc. to construct an elevated Wildlife Education building and two temporary lean-tos on a barrier beach as described in a Notice of Intent filed with the Conservation Commission on April 28, 2008. Said project is located at Duxbury Beach, off Gurnet Road, lot 220-400-000 of the Duxbury Assessors Map.
JOSEPH MESSINA
Chairman
TOWN OF DUXBURY
CONSERVATION COMMISSION
PUBLIC MEETING
The Duxbury Conservation Commission will hold a Public Meeting in the Mural Meeting Room, Lower Level, Town Hall, under the Town of Duxbury Wetlands Bylaw, Chapter 9 and Massachusetts Wetlands Protection Act, MGL, Ch. 131, Section 40, on Tuesday evening, May 13, 2008 at 8:25 p.m. on the request of the Town of Duxbury to determine the applicability of the Massachusetts Wetlands Protection Act and the Town of Duxbury Wetlands Bylaw relative to a project described in a Request for Determination filed with the Conservation Commission on May 5, 2008, 2008. Said project is the installation of a leaching drainage system and is located under Bay Road from house #34 to house #59.
JOSEPH MESSINA
Chairman
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
PROBATE AND
FAMILY COURT DEPARTMENT
PLYMOUTH Division
Docket No. 08P0434-EP1
In the Estate of KENNETH R. PARK
Late of DUXBURY
In the County of PLYMOUTH
Date of Death March 2, 2008
NOTICE OF PETITION FOR PROBATE OF WILL
To all persons interested in the above captioned estate, a petition, as amended, has been presented praying that a document purporting to be the last will of said decedent be proved and allowed, and that DOUGLAS P. ARNOLD of FALMOUTH in the County of BARNSTABLE be appointed executor, named in the will to serve without surety.
IF YOU DESIRE TO OBJECT THERETO, YOU OR YOUR ATTORNEY MUST FILE A WRITTEN APPEARANCE IN SAID COURT AT PLYMOUTH ON OR BEFORE TEN O’CLOCK IN THE FORENOON (10:00 AM) ON MAY 22, 2008.
In addition, you must file a written affidavit of objections to the petition, stating specific facts and grounds upon which the objection is based, within thirty (30) days after the return day (or such other time as the court, on motion with notice to the petitioner, may allow) in accordance with Probate Rule 16.
WITNESS, HON. CATHERINE P. SABAITIS, ESQUIRE, First Justice of said Court at PLYMOUTH this day, April 25, 2008.
Robert E. McCarthy
Register of Probate
COMMONWEALTH OF
MASSACHUSETTS
THE TRIAL COURT
PROBATE AND
FAMILY COURT
DEPARTMENT
PLYMOUTH Division
Docket No. 08P0635-EP1
In the Estate of DANIEL H. RUPRECHT
Late of DUXBURY
In the County of PLYMOUTH
Date of Death March 16, 2008
NOTICE OF PETITION FOR PROBATE OF WILL
To all persons interested in the above captioned estate, a petition has been presented praying that a document purporting to be the last will of said decedent be proved and allowed, and that WAYNE A. RUPRECHT of ITHACA in the State of NEW YORK be appointed executor, named in the will to serve without surety.
IF YOU DESIRE TO OBJECT THERETO, YOU OR YOUR ATTORNEY MUST FILE A WRITTEN APPEARANCE IN SAID COURT AT PLYMOUTH ON OR BEFORE TEN O’CLOCK IN THE FORENOON (10:00 AM) ON MAY 19, 2008.
In addition, you must file a written affidavit of objections to the petition, stating specific facts and grounds upon which the objection is based, within thirty (30) days after the return day (or such other time as the court, on motion with notice to the petitioner, may allow) in accordance with Probate Rule 16.
WITNESS, HON. CATHERINE P. SABAITIS, ESQUIRE, First Justice of said Court at PLYMOUTH this day, April 22, 2008.
Robert E. McCarthy
Register of Probate
LEGAL NOTICE
TOWN CLERK
ANNUAL TOWN
MEETING
MARCH 8, 2008
The meeting was called to order by the Moderator at 9:05 a.m., and recessed at 9:17 a.m. for a Special Town Meeting which was adjourned sine die at 10:17 a.m. The meeting reconvened at 9:20 a.m. and recessed for lunch at 12:15 p.m. and reconvened at 1:20 p.m. until recessing at 5:20 p.m. until Monday, March 10, 2008 reconvening at 7:30 p.m. The meeting was recessed at 10:30 p.m. until reconvening at 7:30 p.m. on Tuesday, March 11, 2008 and adjourning sine die at 9:55 p.m. All the meetings were held at the Duxbury Performing Arts Center.
March 8-Articles 1-15
March 10-Articles 16-27
March 11-Articles 28-42
Article - 29 Right To Farm Bylaw - Moved and seconded that the Town vote to amend the General Bylaws by adding the following new Chapter 11 entitled “Right to Farm Bylaw”:
Section 1: Purpose and Intent
The Town of Duxbury finds that farming is an essential and valued activity, which provides fresh food, clean air, economic diversity, local employment, and open spaces to all the citizens of the town. This by-law is intended to encourage the pursuit of agriculture, promote agricultural-based economic and employment opportunities, and protect farmland within the Town of Duxbury.
The purpose and intent of this by-law is to allow agricultural uses and related activities to function in harmony with the community, Town agencies, and others. This By-law shall apply to all jurisdictional areas within the Town.
This by-law re-states with emphasis the Right to Farm accorded to all citizens of the Commonwealth of Massachusetts as stated under the Constitution and General Laws and Regulations, including but not limited to Article 97, of the Constitution, Massachusetts General Laws Chapter 40A, Section 3, Paragraph 1; (The Zoning Act) Chapter 90, Section 9, Chapter 111, Section 125A and Chapter 128 Section 1A.
Section 2: Definitions
Farm: Any parcel or parcels of land, or water bodies, used for the purpose of commercial or private agriculture, or accessory thereto.
“Farming” or “Agriculture” or their derivates shall include, but not be limited to commercial and private pursuit of the following:
€ Farming in all its branches and the cultivation and tillage of the soil;
€ Production, cultivation, growing, and harvesting of any agricultural, aquaculture, floriculture, viticulture, or horticultural commodities including orchards:
€ Growing and harvesting of forest products, including the production of maple syrup and other related forestry or lumbering operations;
€ Breeding, raising, keeping, dairying, and/or selling of livestock, e.g. cattle, sheep, swine, goats, llamas, and alpacas;
€ Breeding, raising, keeping, and/or selling horses; e.g. boarding, training, or as an adjunct to farming;
€ Breeding, raising, keeping, and/or selling poultry, owls, rabbits, bees, fur-bearing animals and other domesticated animals for food, fiber, fur or other agricultural purposes.
“Farming” shall encompass activities including, but not limited to, the following:
€ Operation and transportation of slow-moving farm equipment over roads with the Town;
€ Control of pests, including but not limited to, insects, weeds, predators, and disease organism of plants and animals under generally accepted management practices;
€ Application and storage of manure, pesticides, and fertilizers under generally accepted management practices;
€ Conducting agriculture - related educational and farm-based recreational activities, including agri-tourism, provided that the activities are related to marketing and agricultural output or services of the farm;
€ Processing and packaging of the agricultural output of the farm and the operation of a farmer’s market or farm stand including signage thereto.
€ Maintenance, repair, or storage of farm equipment, or apparatus owned or leased by the farm owner or manager used expressly for the purpose of propagation, processing, management, or sale of the agricultural products;
€ On-farm relocation of earth or sale of material and the clearing of ground for farming operations;
€ Constructing and maintaining farm buildings used for shelter, feed, and storage;
€ Maintaining drainage or irrigation ditches; picking stone; constructing, repairing, or maintaining fences; and clearing, renovating and maintaining pastures.
Section 3: Right to Farm Declaration
The Right to Farm is hereby recognized to exist within the Town of Duxbury. The above-described agricultural activities may occur on holidays, weekdays, and weekends; by night or day and shall include the attendant incidental noise, odors, dust, and fumes associated with normally accepted agricultural practices. It is hereby determined that whatever impact may be caused to others through the normal practices of agriculture is more than offset by the benefits of farming to the neighborhood, community, and society in general. The benefits and protections of this By-law are intended to apply to those commercial and private agricultural and farming operations and activities conducted in accordance with generally accepted agricultural practices. For any agricultural practice, in determining the reasonableness of the time, place, and methodology of such practice, consideration shall be given to both traditional customs and procedures as well as to new practices and innovations. Moreover, nothing in this Right to Farm By-law shall be deemed as acquiring any interest in land, or as imposing any land use regulation, which is properly the subject of state statue, regulation, local zoning law, and local Board of Health rules and regulations.
Section 4: Disclosure Notification
In order to ensure that prospective owners and prospective tenants are aware of the policy of the Town of Duxbury expressed in this By-law regarding agricultural uses, the following notification shall be prominently posted in the Duxbury Town Hall, Duxbury Free Library, and on the Town of Duxbury website within 30 days of this bylaw becoming effective. In addition, the notification language required by this section shall appear each year in the Town’s Annual Report.
It is the policy of this community to conserve, protect, and encourage the maintenance and improvement of agricultural land for the production of food and other agricultural products, and for its natural and ecological value. This disclosure notification is to inform buyers or occupants that the property they are about to acquire or occupy lies within a community where farming activities occur and are encouraged. Such farming activities may include, but are not limited to, activities that cause noise, dust, and odors. Buyers and occupants are informed that any property within the Town of Duxbury may be impacted by commercial agricultural and farming activities.
Property owners should make efforts to inform prospective tenants or buyers that Duxbury is a Right to Farm community.
Section 5: Resolution of Disputes
Any person having a complaint about a farm activity or practice is encouraged to seek an amicable resolution to the complaint, including talking directly with the involved farmer.
Any person who seeks to complain about the operation of a farm may, notwithstanding pursuing any other available remedy, file a grievance with the Board of Selectmen, the Zoning Enforcement Officer, or the Board of Health, depending upon the nature of the grievance. The filing of the grievance does not suspend the time within which to pursue any other available remedies that the aggrieved may have. The Zoning Enforcement Officer or Board of Selectmen may forward a copy of the grievance of the Agricultural Commission or its agent, which shall review and facilitate the resolution of the grievance, and report its recommendations to the referring Town authority within sixty days.
The Board of Health shall forward a copy of the grievance to the Agricultural Commission or its agent, which shall review and facilitate the resolution of the grievance, and report on its recommendations to the Board of Health within an agreed upon time frame.
Section 6: Severability Clause
If any part of this By-law is for any reason held to be unconstitutional or invalid, such decision shall not affect the remainder of this By-law. The Town of Duxbury hereby declares the provisions of this By-law to be severable.
An amendment was made and carries to add to the last sentence of Section 3: Right to Farm Declaration–the following: “Board of Health Rules and Regulations.” It is included in the text in the complete article. Yes-100 & No-62
Final vote on Article 29
Majority vote: Yes-103 & No-89
Motion Carried
Voted March 11, 2008
A true copy, ATTEST:
Nancy M. Oates
Duxbury Town Clerk
Approved by the Attorney General 4/29/2008
Article 32 - Affordable Housing- Moved and seconded that the Town vote to accept the following new language as written and amend the Duxbury Protective Bylaw under Article 500 by adding the following new Section 570 as follows:
570 AFFORDABLE HOUSING:
570.1 Purpose
To facilitate affordable housing development on qualified pre-existing non-conforming lots as defined in this Bylaw. The intent of this section is to provide a mechanism for the construction of affordable housing units to satisfy the needs of the present and future inhabitants of Duxbury of low and moderate income. The Planning Board is designated as the Special Permit Granting Authority (SPGA) for purposes of this Bylaw and may grant a special permit for the specific and sole purpose of constructing an Affordable Housing dwelling pursuant to this section of this Bylaw.
570.2 Definitions
1. Affordable Housing Unit: See Section 560.2.1
2. Low and Moderate Income Household: A household income not exceeding eighty percent (80%) of the median household income, adjusted for household size, in the metropolitan or non-metropolitan statistical area that includes the Town of Duxbury,as determined annually by the U.S. Department of Housing and Urban Development (HUD).
3. Median Household Income: The median household income for the metropolitan or non-metropolitan statistical area that includes the Town of Duxbury, as determined annually by the U.S. Department of Housing and Urban Development (HUD).
4. Qualified Affordable Housing Unit Purchaser: See Section 560.2.2.
5. Use Restriction: A deed restriction or other legal instrument recorded in the Plymouth County Registry of Deeds or land court registry district which effectively restricts the occupancy of an affordable housing unit to households of low and moderate income during the term of affordability. Selection of eligible tenant/owners shall be made in a fair and reasonable manner in compliance with any and all applicable fair housing and antidiscrimination laws.
6. Upland Area: All lands not defined herein as wetlands.
7. Floor Area Ratio (FAR): Gross floor area of all buildings on the lot measured in square feet, divided by the total square footage of the entire lot.
8. Vacant Lot: A lot absent of any man-made structure above the surface.
9. Appraised Value – An opinion of value developed by a Massachusetts licensed real estate appraiser that conforms to the Uniform Standards of Professional Appraisal Practice (USPAP).
10. Effective Date – March 8, 2008.
570.3 Special Permit Criteria for Eligible Lots
The Planning Board, as the Special Permit Granting Authority (SPGA) under this section of the Bylaw, may grant a special permit to allow construction of an Affordable Single Family Housing Unit on an eligible parcel of land in the Residential Compatibility (RC) and Planned Development (PD) Zoning Districts that meets the following criteria:
1. Pre-Existing Lot: Eligible parcels must have existed as a separate lot of record prior to the effective date of this Bylaw (the “Effective Date”). No landowner shall be eligible for more than one (1) affordable housing unit lot from a single parcel of land, or from adjoining parcels of land in common ownership, based on the ownership status of the land as determined by instruments and plans on file at the Plymouth County Registry of Deeds as of the Effective Date. No affordable housing unit lot shall be further divided. The Planning Board shall note such limitations, with a description of the land affected by such limitations, in its written decision.
2. Existing Ownership and Use: Eligible lots must be in private ownership and vacant prior to and following the Effective Date. Eligible lots may also be owned by the Duxbury Affordable Housing Trust and/or any other non-profit housing entity.
3. Dimensional Characteristics: Eligible lots must meet the dimensional characteristics prior to the Effective Date:
a. Lot Area: Minimum 10,000 square feet of upland area.
b. Continuous Frontage: 25 feet on a public road.
c. Lot Shape: See Section 570.3.13 below.
4. Setbacks: All structures must be set back 30 feet from all front, side and rear property lines.
5. Access: The applicant shall provide for safe access for public safety vehicles and personnel to the dwelling unit to be constructed on the lot, and the intersection of such access driveway to the public way shall be placed across the frontage in the best location available to the applicant.
6. Dwelling Unit Size and Coverage: The size of a dwelling unit and number of bedrooms in the Aquifer Protection Overlay District (APOD) zone shall meet the requirements of Section 406 herein.
7. Floor Area Ratio: The maximum floor area ratio (FAR) of the dwelling shall not exceed 0.15 up to a maximum of 2,500 square feet per dwelling unit. Future additions or alterations that would exceed the 2,500 square feet maximum floor area ratio are prohibited once a special permit has been issued.
8. Minimum and Maximum and Dwelling Unit Size - Each Affordable Housing Unit shall contain a minimum area of 700 square feet with one bedroom; a minimum area of 850 square feet with two bedrooms; a minimum area of 1,200 square feet with three bedrooms; or a minimum area of 1,400 square feet with four bedrooms or more. The maximum dwelling unit size shall not exceed the FAR.
9. Utilities: All utilities shall be installed underground.
10. Purchase or Rent: The Affordable Housing Unit permitted by this section shall be restricted for purchase or rent by only low and moderate households, in accordance with the standards set forth in this section.
11. Parking – All private parking areas shall be contained entirely on the property.
12. Plans: The applicant shall submit, along with the special permit application, a surveyed site plan depicting the proposed affordable housing unit and lot layout. The plan shall be prepared by a registered land surveyor, and shall be in such form as will be required for recording with the Registry of Deeds or filing with the Land Court.
13. Control of Substantially Irregular Lot Shape - No lot shall be created which is substantially irregular in shape. For the purposes of this section, a lot is “substantially irregular” if it has a regularity factor which is less than 0.4 as determined by the following formula: r = 16A/P2 where r = regularity factor; A = area of the lot (in square feet); and P = perimeter of the lot (in feet). Lots less than 0.4 by the applied formula shall be considered ineligible for the purposes of this Bylaw. (See Figure 1 below – on file at Town Clerk’s office).
14. Other Requirements: All other requirements of Article 500 and the remainder of this Bylaw shall remain applicable and in full force and effect.
570.4 Use Restrictions
Any affordable housing unit created under this section shall be subject to a use restriction/regulatory agreement on the lot conforming to the following criteria:
1. The restriction shall be assured in perpetuity or for the longest period of time allowed by applicable law.
2. The restriction shall be recorded as a condition of deed or mortgage.
3. The restriction shall have a legal mechanism for compliance that occurs without Town intervention in any form or manner.
4. The restriction shall include a process for verification of compliance.
5. The restriction shall ensure that the affordable housing unit may only be sold to Qualified Affordable Housing Unit Purchasers at an affordable price, or leased to Qualified Affordable Housing Unit Renters at affordable rents, subject to Section 570.6.3 herein.
6. The restriction shall provide that the affordable housing unit must be sold or rented on a fair and open basis.
For purposes of this bylaw, the Town of Duxbury either through the Duxbury Housing Authority or any designee established by the Town, agrees to perform the duties of Monitoring Agent and to adhere to the responsibilities as defined in the Monitoring and Marketing Agreement entered into between the Town and the applicant.
570.5 Maximum Incomes and Selling Prices: Initial Sale
1. Proof of Income Eligibility: To ensure that only eligible households may purchase affordable housing units pursuant to this Bylaw, the purchaser of an affordable housing unit shall be required to submit copies of the last three years' federal and state income tax returns and certify, in writing and prior to transfer of title, to the developer of the housing units or his/her/their agent, and within thirty (30) days following transfer of title, to the local housing trust, community development corporation, housing authority or other agency as established by the Town, that his/her or their family's annual income level does not exceed the maximum level as established by the Commonwealth's Department of Housing and Community Development, and as may be revised from time to time.
2. Maximum Housing Cost: The maximum housing cost for affordable units created under this Bylaw is as established by the Commonwealth's Department of Housing and Community Development, Local Initiative Program, as may be revised from time to time, or as revised from time to time by the Town.
570.6 Preservation of Affordability; Restrictions on Resale
1. Preservation of Affordability: Each affordable unit created in accordance with this Bylaw shall have limitations governing its resale. The purpose of these limitations is to preserve the long-term affordability of the unit and to ensure its continued availability for affordable income households. The resale controls shall be established through a use restriction on the property pursuant to Section 570.4 above and shall be in full force and effect in perpetuity or the longest period of time allowed by applicable law.
2. Resale Price: Sales beyond the initial sale to a qualified affordable income purchaser shall include the initial discount sale price not to exceed ninety percent (90%) of the property’s appraised value (as defined under Section 570.1 above) at the time of sale. This percentage shall be recorded as part of the restriction on the property pursuant to Section 570.4 above.
3. Right of First Refusal to Purchase: The purchaser of an affordable housing unit developed as a result of this Bylaw shall agree to execute a deed rider approved by the Town, consistent with model riders prepared by Department of Housing and Community Development, granting, among other things, the Town of Duxbury or the Duxbury Affordable Housing Trust the right of first refusal to purchase the property in the event that a subsequent qualified purchaser cannot be located.
4.Deed Restrictions: The Planning Board shall require,as a condition for a special permit under this Bylaw, that the applicant comply with the mandatory set-asides and accompanying restrictions on affordability, including the execution of a regulatory agreement pursuant to Section 570.4 above. The Building Commissioner/Inspector shall not issue a building permit for any affordable unit until the regulatory agreement is recorded.
570.7 Conflict with Other Bylaws
The provisions of this Bylaw shall be considered supplemental of existing zoning bylaws. To the extent that a conflict exists between this Bylaw and others, the more restrictive bylaw, or provisions therein, shall apply.
570.8 Review by Special Permit Granting Authority
Prior to granting a special permit for an affordable housing unit under this section, the Planning Board must make the following findings:
1. The proposed affordable housing unit will be in harmony with the general purpose and intent of the Bylaws;
2. The increase in density resulting from the grant of a special permit will not adversely affect the surrounding neighborhood
3. The placement of a new single family housing unit on the non-conforming lot can be accomplished without jeopardizing public health or safety, and without detriment to the environment: and
4. In determining whether or not to grant a special permit for development of an affordable housing unit lot, and in determining what conditions, if any, to impose on such a special permit, the Planning Board may consider, among other things, circumstances related to soil conditions, topography, lot history, wetlands, proposed building locations, and public safety and convenience.
570.9 Severability
If any provision of this Bylaw is held invalid by a court of competent jurisdiction, the remainder of this Bylaw shall remain in full force and effect.
2/3 vote required-Received the requisite 2/3 vote and was carried.
Voted on March 11, 2008
A true copy, ATTEST:
Nancy M. Oates
Duxbury Town Clerk
Approved by the Attorney General 4/29/2008
Article 33- Fees in Lieu of Affordable Housing Units - Moved and seconded that the Town vote to amend the Duxbury Protective Bylaw under Article 500 Section 560.11(2) by deleting existing language and replacing it with the following by adding the following new language:
560.11
As an alternative to Section 560.5 (a) through (c), an applicant may contribute a cash payment to the Affordable Housing Trust Fund, to be used for the development of affordable housing by the Town or its designees, in lieu of constructing and offering affordable units within the locus of the proposed development or off-site.
1. Calculation of fees-in-lieu of units. The applicant for development subject to this Bylaw may pay a fee in lieu of the construction of affordable units. For each affordable unit not constructed or provided through one or a combination of the methods specified in 560.5 (a) through (c), the fee shall be an amount equal to the difference between the median sale price for new single-family homes built in Duxbury during the preceding three fiscal years, as determined and reported by the Board of Assessors, and the purchase price of a home that is affordable to a qualified purchaser.
a) For developments of multi-family condominiums, the Planning Board may substitute the median sale price for new condominiums built in Duxbury during the preceding three fiscal years for the median sale price of new single-family homes.
b) The methodology used to determine an affordable purchase price shall comply with Local Initiative Program guidelines in effect at the time of application for a special permit.
c) The assumptions used to determine an affordable purchase price, including but not limited to minimum down payment, mortgage interest rate, term, closing and other costs shall be consistent with first-time homebuyer mortgage products available from commercial lending institutions located in or serving Duxbury at the time of application for a special permit, all in accordance with the Inclusionary Housing Submission Requirements and Procedures Manual adopted by the Planning Board and filed with the Town Clerk.
d) Upon adoption of this bylaw by town meeting, the Planning Board shall prepare and adopt an Inclusionary Housing Submission Requirements and Procedures Manual after holding a public hearing on the same.
2. Schedule of fees in lieu of construction. Fees in lieu of construction shall be paid to the Affordable Housing Trust Fund by the applicant at the time of application for building permits, according to the applicant’s choice of one of the two following payment schedules:
a) A lump sum total payment submitted with the initial building permit application in the amount calculated in accordance with Section 560.11 and established with the Planning Department;
or
b) A prorated payment calculated in accordance with Section 560.11 and divided as equal per unit established by the Planning Department, initiated with the first building permit application and paid in full with the filing of the building permit application representing the project’s eighty percent (80%) completion.
2/3 vote required –Received the requisite 2/3 vote and carried.
Voted March 11, 2008
A true copy, ATTEST:
Nancy M. Oates
Duxbury Town Clerk
Approved by the Attorney General 4/29/2008
TOWN OF DUXBURY
BOARD OF APPEALS
NOTICE OF PUBLIC HEARING
The Board of Appeals will hold a public hearing at the Town Hall, Mural Room, on May 22, 2008 at 7:30 p.m. to consider the application of Paul L. Shakespeare and Claire T. Shakespeare for a special permit under Articles 400 and 900, Sections 401.2(4), 410.4 and 906.2 of the Duxbury Protective Bylaw.
The project is located at 245 Gurnet Road, Parcel No. 211-939-189 of the Duxbury Assessors’ Map, consists of 3,571 sq. ft., is zoned for Residential Compatibility and is owned by Paul L. Shakespeare and Claire T. Shakespeare, 16 State Street #2, Wellesley, MA 02482.
The applicant proposes to demolish pre-existing, nonconforming dwelling on a nonconforming lot and construct a 28’ x 32’ three story single family dwelling increasing the lot coverage from 21.7% to 25.1%. A special permit is required.
The application may be viewed in the Inspectional Services Department between the hours of 8:00 a.m. and 1:00 p.m. or by appointment.
The Board of Appeals will accept written comments on this application.
Elizabeth Lewis, Vice Chair
Board of Appeals
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Duxbury Clipper Town Meeting Guide 2008
