The mission of the Town of Duxbury is to deliver excellent services to the community in the most fiscally responsible and innovative manner while endeavoring to broaden our sense of community and preserve the unique character of our town.
Town of Duxbury
Massachusetts
Planning Board
Minutes 10/17/05
(Approved 11/14/05)
The Planning Board met in the Town Office Building, Monday, October 17, 2005.
Present: George Wadsworth, Vice-Chairman; Angela Scieszka, Clerk; John Bear; James Kimball;
Robert Wilson. Also present was Associate Member Douglas Carver (arrived at 7:55 PM).
Absent: Amy MacNab, Chair; and Aboud Al-Zaim. Also absent was Associate Member Harold
Moody.
Staff: Christine Stickney, Planning Director (arrived at 8:40 PM); and Diane Grant, Administrative
Assistant
The meeting was called to order at 7:34 PM.
OPEN FORUM
No issues were presented for Open Forum.
DISCUSSION WITH HISTORICAL COMMISSION
Present for the discussion were Historical Commission members Barbara Kiley, John Vose, Nancy Bennett, Norman Tucker, and Lee Willis. Ms. Scieszka introduced the background for this evening’s discussion, including the issue of tear downs and McMansions which arose at the Board’s July 25, 2005 meeting and prompted the Board’s request to meet with the Historical Commission.
Mr. Wadsworth noted that towns can overlay Historic Districts to be less restrictive than commonly believed. Ms. Kiley agreed that a town’s Historic District regulations can be open but she noted that in the Town of Duxbury, it is currently more of an have or not have situation.
Ms. Kiley described the Historical Commission’s attempt around 1989 to designate High Street as an Historic District. The request to designate High Street as an Historic District was voted down at Annual Town Meeting by only 13 votes.
Mr. Wadsworth discussed the issue of McMansions, where property owners tear down modest sized dwellings and replace them with larger ones. Ms. Kiley asked if site coverage ratio could help, and Mr. Wadsworth responded that it could. He asked if the Historical Commission would consider joining the Board in developing a program that might impact mansionization.
Mr. Wilson asked for the current status of the housing inventory that the Historical Commission had undertaken. Ms. Kiley replied that they had inventoried 200 to 300 houses in the Town of Duxbury.
Ms. Kiley commented that the current Demolition Delay Bylaw is the only means the Historical Commission has to prevent mansionization, and that it is not effective. She said that the Commission is undertaking a citizen education program with the goal of designating a Historic District in the Town of Duxbury. She said that the Commission is interested in introducing the concept of designating individual homes as part of an Historic District rather than requiring that all homes on a particular street be designated as an Historic District.
Mr. Wadsworth asked how this approach would reduce mansionization, and Ms. Kiley replied that homes that might be considered part of a Historic District are generally over 75 years old and tend to be smaller dwellings. She added that Town Meeting would require a two-thirds vote, and that the Commission expects to take several years for the public to be educated and to build support. Mr. Wadsworth asked if architecturally unique new homes protected, and Ms. Kiley responded that it is a possibility.
Ms. Scieszka asked the Commission to compare the pros and cons of the checkerboard Historic District as opposed to the neighborhood Historic District, and asked if both could be used. Ms. Kiley responded that both could be used.
Ms. Scieszka asked how the review process would work for Historic Districts. Ms. Kiley explained that 200 towns in Massachusetts have Historic Districts and that regulations vary from town to town. However, they were almost universally regulated for property appearance not changing from view of a public way noting that restrictions typically do not address exterior paint color or interior features. Mr. Wilson asked if the Commission had collected Historic District regulations from other towns. Ms. Kiley responded that the Commission will provide those to the Board.
Ms. Kiley expressed that the checkerboard approach to historic designation is worth the Board’s support. She noted that the Cities of Cambridge and Belmont currently use this approach, and that the Town of Brookline is considering it as well.
Ms. Kiley noted the Massachusetts Historical Commission recently has received approval from the Attorney General’s office to form Neighborhood Conservation Districts which would require only a simple majority vote at Annual Town Meeting. The districts would be proposed by neighborhoods. They would allow for design review and would include construction regulations. However, development of this concept is still underway.
Mr. Wilson asked the Commission how often tear-downs are requested, and Ms. Bennett replied that requests are made approximately 10 to 12 times per year, but nearly all have been partial tear-downs.
Ms. Scieszka asked what elements are needed to vote in a Historic District at Town Meeting. Ms. Kiley replied that support from neighborhoods is needed, as well as support from Town boards such as the Planning Board, Board of Selectmen, and the Zoning Board of Appeals. Mr. Wilson suggested that the Commission should keep the concept simple. Ms. Kiley noted that the Commission is currently organizing an association of Friends and Members of the Historic Commission.
Mr. Bear asked how Historic Districts would be reviewed, and Ms. Kiley responded that the design restrictions would be outlined in Town Bylaws. Ms. Scieszka asked if houses could be added or removed from an Historic District and Ms. Kiley responded that they could. Ms. Scieszka asked for more pros and cons of Historic Districts and Ms. Kiley replied that a typical objection is the concern over property owners’ rights, in that they do not wish for anyone else to regulate their property design.
Mr. Bear asked if it feasible to obtain Town approval for an Historic District in one year, and Ms. Kiley replied that 2007 Annual Town Meeting is the Commission’s goal for obtaining concept approval, with Rules and Regulations to follow. She said that the Commission hopes to educate the public during the next. She noted that the Commission will have an article on the Annual Town Meeting warrant in 2006 to impose a one-year demolition delay.
Mr. Wilson brought up the possible effect of historic district designation on property values, and Mr. Wadsworth suggested that if historic designation improves property values, then it might garner support more quickly. Ms. Kiley said that there have been only five or six studies performed, none in Massachusetts, and that the effect was shown to stabilize property values rather than increase them. She said that she would gather information on studies done to provide to the Board.
Ms. Kiley also noted that the Commission currently is studying the Tarkiln Building to advise the Town whether they should undertake the expense of renovating the building to make it code compliant. Mr. Wadsworth expressed his hope that the Commission will support Tarkiln. Mr. Wilson noted that the building gets a lot of use from Town groups.
The Commission members then departed the meeting.
PLANNING BOARD WORK SESSION
Annual Report - Mr. Wilson stated his appreciation to Ms. Stickney for drafting the Board’s Annual Report. Members discussed the report, and Mr. Wadsworth directed the staff to make the appropriate revisions.
ZBA-REVIEW AND COMMENTS/WEBSTER POINT (40B)
Mr. Wadsworth noted that Board Chairperson Ms. Amy MacNab, who was unable to attend the meeting, had input on this project, and the Board members agreed to defer discussion until Ms. MacNab could be a part of it.
OTHER BUSINESS
Sun Tavern ZBA Review – Mr. Wadsworth noted that opposition was forming from abutting neighbors. Ms. Scieszka noted that some Zoning Board materials had not been made available to the Planning Board. Mr. Wadsworth agreed that the Board only had a general overview. Ms. Scieszka asked if the applicants had increased the occupancy request since their presentation to the Board, and Mr. Wadsworth responded that they had. (At this point, Ms. Stickney arrived.)
Mr. Kimball asked about the non-conforming use of the project, and Ms. Stickney explained the non-conforming section of the bylaw changed in 2003.
Dingley Dell Estates – Ms. Scieszka noted that Town Counsel Attorney Robert Troy was expecting dismissal of Dingley Dell’s lawsuit against the Board.
Payment of Engineering Invoices:
MOTION: Mr. Wilson made a motion to pay Mainstream Engineering Invoice #20630 for $943.00 for services related to Ingall’s Grove. Mr. Kimball provided a second for the motion, which carried unanimously (5:0).
MOTION: Ms. Scieszka made a motion to pay the following Amory Engineering Invoices:
§ Invoice # 10985A for $93.75 for services related to Cedar Tree Farm
§ Invoice # 10985B for $1,200.01 for services related to Deer Run
§ Invoice # 10985C for $31.25 for services related to Hillside Lane
§ Invoice # 10985D for $437.75 for services related to 104 Tremont Street (Deesul).
Mr. Bear provided a second for the motion, which carried unanimously (5:0).
Minutes:
MOTION: Ms. Scieszka made a motion to accept the meeting minutes of September 26, 2005 as amended. Mr. Kimball provided a second for the motion, which carried unanimously (5:0).
MOTION: Ms. Scieszka made a motion to accept the Executive Session minutes of September 26, 2005 as presented. Mr. Kimball provided a second for the motion, which carried unanimously (5:0).
MOTION: Ms. Scieszka made a motion to accept the meeting minutes of October 3, 2005 as amended. Mr. Wilson provided a second for the motion, which carried unanimously (5:0).
Freeman Farms – Mr. Wadsworth asked if the Town has authority to take funds to complete the project, and Ms. Stickney replied that it does not unless the applicant has violated his decision. Mr. Wadsworth noted that Mr. Cushing has lost his eight-year protection.
ADJOURNMENT
MOTION: Ms. Scieszka made a motion to adjourn. Mr. Wilson provided a second, and the motion passed unanimously (5:0).
The Planning Board meeting was adjourned at 9:12 PM. The next meeting of the Duxbury Planning Board will be held on Monday, October 24, 2005 at 7:30 PM in the Duxbury Town Offices.
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