Date: April 9, 2007
Date Minutes Approved: April 23, 2007
BOARD OF SELECTMEN MINUTES
Present: Andre Martecchini, Chair; and Jon Witten, Vice-Chair.
Absent: Ms. Elizabeth Sullivan, Clerk, was absent.
Staff: Richard MacDonald, Town Manager; John Madden, Finance Director; and Barbara Ripley, Executive Assistant.
The meeting was called to order at 7:00 PM.
OPEN FORUM
No items were discussed.
CHAFIK HAMADEH: WEST BAY LANDING
Mr. Chafik Hamadeh stated that, at their meeting of February 26, the Board of Selectmen requested that he do the following: 1) Have the Development Review Team (DRT) review the project; 2) Examine his legal access to Sanger Road; and 3) Investigate the possibility of an entrance to the project off Bay Road.
Mr. Hamadeh said that the DRT reviewed his project on March 30, 2007, and subsequently provided a list of comments and concerns. The Fire Department was concerned with an adequate turning radius for their vehicles. Mr. Hamadeh responded that he reconfigured the roadway to be able to accommodate the Fire Department's largest vehicle. The Fire Chief was also concerned that attic space could eventually be converted to additional living space. Mr. Hamadeh said that the floor plan in some units, and the truss design in others, would make this nearly impossible. The Water Department was concerned with water pressure. Mr. Hamadeh said that he would work with the Water Department to increase pressure in the entire area. The Director of Lands and Natural Resources wanted to be sure that there were no
public shade trees which would be jeopardized. However, Mr. Hamadeh said that after the Director walked the site, he agreed that no public shade trees would be harmed. There were no issues from the Conservation Department.
Several of the members were opposed to an entrance off Bay Road. There are line-of-sight and grading problems. Mr. Hamadeh agreed with these issues and has decided to return to the original configuration, with access from Sanger Road and Spruce Lane.
With regard to legal access to Sanger Road, Attorney Robert Galvin provided a letter to the Board stating that Mr. Hamadeh's real estate company has ownership of the road.
Ms. Amy MacNab, Chairman of the Planning Board said that the Planning Board has not had an opportunity to review the project and would like to do so. She said that she hopes that the Board of Selectmen will not make a decision on whether to provide an endorsement for this Local Initiative Project without seeking the input of the Town's land use boards.
Ms. Diane Bartlett, Chairman of the Local Housing Partnership (LHP), said that the LHP is in favor of this project because it provides more than the required amount of affordable housing.
Mr. Witten asked whether the applicant was prepared to provide a list of requested waivers from the Town's ordinances. Mr. Galvin, the applicant's attorney, responded affirmatively.
Mr. Witten also commented that the May 4, 2004 letter from Mr. Galvin to Mr. Hamadeh stated that the applicant should be entitled to one lot along Sanger Road.
Mr. Witten asked about profitability of the project. Mr. Hamadeh said that the project anticipates 14% profitability. Mr. Witten said that, taking the assessed value of the property ($387,500) rather than the purchase price ($600,000), as required by the State in figuring pro-forma information, he finds that the project would receive 18% profitability even if only eight units were built.
Mr. Martecchini said that his understanding from the DRT minutes is that there are no "deal-breakers" from a technical standpoint.
Ms. Scieszka, Planning Board member, noted that one set of plans showed grading going off-site to other properties. Mr. Hamadeh responded that this problem has been resolved. There will be no infringement on neighboring properties.
Mr. Bear, Planning Board member, asked what the benefit to the Town of this project would be. He also commented that, if the Board of Selectmen votes to endorse this project as an LIP (Local Initiative Project), that he would like the Board to consider making the ZBA decision ineligible for appeal by the developer.
Mr. Mike Fortunato, a resident of Indian Trail, noted that the Neighborhood Association's attorney recommends a 28-foot roadway for the project. Mr. Martecchini said that he could not support that recommendation.
Mr. Witten questioned whether attached homes are compatible with the existing neighborhood of detached homes.
Mr. Martecchini commented that one benefit of endorsing this as an LIP would be that the Board can increase the chance that Duxbury residents can acquire the affordable units.
Linda Brodie, a resident of Bay Road, stated her concerns about stormwater drainage.
Attorney Galvin said that his client would be happy to review his plans with the Planning Board, but would probably not be willing to submit to a protracted review.
Mr. Bruno Zoltowski and Mr. Brad Homan expressed concerns about Spruce Lane not being wide enough to accommodate the new development.
Ms. Karen Goldberg said that the six affordable units for this development would only provide .08% of what the Town needs to be able to decline Chapter 40B projects. She said that the Town would need more than one-hundred of these projects to reach that goal.
Mr. Martecchini said that another benefit of endorsing the LIP would be that the Town could extract certain conditions that would be unlikely to occur under a standard Chapter 40B application.
Mr. Will Martinson of Blodgett Avenue, and Mr. Stan Benkels of Mayflower Street, stated that they are friends of Mr. Hamadeh, and fully support the project.
Mr. Martecchini ended this segment of the meeting by asking Mr. Hamadeh to make an appointment with the Planning Board as soon as possible, and then to come back to the Selectmen afterward.
MEETING OF THE WATER & SEWER COMMISSIONERS
Mr. Witten moved that the Board adjourn their meeting as Selectmen in order to meet as the Water and Sewer Commissioners, with the intent of re-convening as Selectmen afterward. Second by Mr. Martecchini. Vote: 2:0:0.
Mr. Witten moved that the Board of Selectmen instruct the Treasurer to collect the amount of $542,865.37 for water, sewer, and service. Second by Mr. Martecchini. Vote: 2:0:0.
Mr. Witten moved that the Board adjourn their meeting as Water & Sewer Commissioners and re-convene as Selectmen. Second by Mr. Martecchini. Vote: 2:0:0.
FYO9 BUDGET TASK FORCE
Mr. MacDonald repeated his previous statement that FY09 would be a very difficult budget year. He has appointed a FY09 Budget Task Force to help in the process. He has appointed the following members as representatives of Boards and Committees
Selectmen: Betsy Sullivan
School Department: Susan Skeiber
School Committee: Karen Wong & Anne Ward
Finance Committee: Ken McCarthy
Fiscal Advisory Committee: Frank Mangione
At-Large Members: John Tuffy & Shawn Dahlen
COMMITTEE ASSIGNMENTS
Due to Ms. Sullivan's absence, this matter was postponed until the next meeting.
ARBOR DAY PROCLAMATION
Mr. Martecchini read a proclamation establishing April 27, 2007 as Arbor Day in the Town of Duxbury, to be observed with ceremonies at the Chandler School at 2:30 PM.
Mr. Martecchini urged citizens to support efforts to care for our trees and woodlands and to support the Town's community forestry program.
TOWN MANAGER'S BRIEF
· Mr. MacDonald attended a Massachusetts Municipal Association Regional update meeting on April 5. Three proposals for raising local revenues were discussed.
Mr. MacDonald said that the proposed meals tax and lodging tax would not benefit Duxbury in any appreciable amount. However, he said that the proposal to close the telecommunications loophole for equipment and property taxes could help the Town in an amount of approximately $80,000.00.
· Seawall repair work was scheduled to begin today. The bids came in lower than what Town Meeting allowed, so there may be some money to return to the General Fund.
· On Friday, April 13, there will be a bid opening for the Hall's Corner drainage work. Mr. Martecchini asked that the contractor hold a public meeting to inform citizens of potential traffic disruptions.
· Powder Point Bridge repairs will begin soon. The bridge may be closed during the day for a two-week period beginning later this month. Details will be shared with the public as soon as they become available.
· Ms. Louise Hatfield, Water Department Supervisor, passed away unexpectedly on Easter morning. She will be greatly missed.
MINUTES
Mr. Witten moved that the Board accept the Open Session minutes of April 2, 2007 as presented. Second by Mr. Martecchini. Vote: 2:0:0.
Mr. Witten moved that the Board accept the Executive Session minutes of April 2, 2007 as presented, with their contents to remain sealed until the matters discussed have been resolved. Second by Mr. Martecchini. Vote: 2:0:0.
BOARDS AND COMMITTEES
Board of Registrars: Mr. Martecchini announced that Mr. Paul Christo had resigned from the Board of Registrars earlier this year. However, the reasons for his resignation no longer exist, and he asked to be reinstated. Mr. Martecchini announced his re-instatement.
Municipal Commission on Disabilities:
1) Mr. Martecchini announced the resignation of Ms. Bridget O'Keefe from the Municipal Commission on Disabilities. She has moved out of Duxbury.
2) Mr. Witten moved that the Board appoint Ms. Nancy Shine to the Municipal Commission on Disabilities to complete the unexpired term of Ms. Bridget O'Keefe, such term to expire on June 30, 2008.
ADJOURNMENT
Mr. Witten moved to adjourn the meeting at 8:45 PM. Second by Mr. Martecchini.
Vote: 2:0:0.
Respectfully Submitted,
Barbara Ripley, Executive Assistant.
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