Date: May 21, 2007
Date Minutes Approved: June 4, 2007
BOARD OF SELECTMEN MINUTES
Present: Andre Martecchini, Chair; Jon Witten, Vice-Chair, and Elizabeth Sullivan, Clerk.
Absent: No members were absent.
Staff: Richard MacDonald, Town Manager; John Madden, Finance Director.
The meeting was called to order at 7:30 PM.
OPEN FORUM
Mr. John McCluskey provided some information regarding the recent Merry Village Lottery.
Mr. McCluskey represents the developer at Merry Village, which is a 20 unit, 40B development for over age 55+ individuals. It consists of 5 buildings with 5 units in the affordable $173K range. A model will be open in a couple of weeks.
The recent lottery for the affordable units was advertised in The Patriot Ledger and The Duxbury Clipper. Mr. McCluskey explained that the lottery has been postponed in favor of seeking more applicants because there were only 5 applicants on time for 5 units and 2 add-ons at a later date.
Mr. Ray LaCouture and Mr. Jim Pye, brokers for the property, and Mr. Warren Lane of Land Use Associates of Plymouth were also present.
There was a group discussion of some of the reasons why the number of applicants might have been so low. Among the points made were:
· More difficult to market as it is harder for individuals to visualize when the units are not complete, i.e., just the frame.
· Concerns that the amount of advertising was not sufficient in the local media because even those interested missed it in the
local papers.
· Was the reality that part of the issue is the difficulty selling a house in this economy.
Mr. Witten opined that the demand was more hyped than we were led to believe. Others felt this was not the case and again pointed to the some of the above issues.
There was some debate about the development and how it came into being and whether was invited by the Town. Mr. Pye offered some background information about this.
Mr. Martecchini wrapped up this discussion by re-iterating the brokers agreement that there would be further advertising and perhaps a presentation at the PlaceNameplaceSenior PlaceTypeCenter.
ONE-DAY LIQUOR LICENSE REQUEST: JOHN HAMILTON FOR FRIENDS OF THE COUNCIL ON AGING/ June 27, 2007
John Hamilton of the Friends of the Council on Aging (COA) was present to say the Senior Center staff wanted to have a celebration for the success of the Life Long Learning program.
Mr. Martecchini noted that the departments did review the request. A Police detail was not required, but is suggested by the Selectmen. The Fire Department had no issues but issued the standard instructions for announcing the exits at the start of the event. Inspectional Services had no problems with the request, but any signage would have to be permitted.
Mr. Witten moved that the Board of Selectmen grant to Mr. John A. Hamilton, as a representative of the Friends of the Duxbury Council on Aging, a One-Day Wine & Malt License to hold a Celebration of the Lifelong Learning Program at the Duxbury Senior Center on June 27, 2007 from 5:00 PM to 7:00 PM, subject to the conditions noted.
Second by Ms. Sullivan. Vote: 3:0:0.
VENDOR LICENSE REQUEST: HOT DOG CART/ Cindy Brewster
Ms. Cindy Brewster appeared last week and the discussion was continued to this week when Mr. Gordon Cushing, Recreational Director, could be present for the discussion.
Ms. Brewster indicated that she is requesting a vendors license for a hot dog cart proposed for following locations: Keene ST , Wadsworth, Lincoln and Train fields (Train is part school –part Town owned. Others are non-school properties.) It would also be at private parties and possibly at the 4th of July Parade.
Mr. Cushing, Recreation Director, made the following comments: The schools are run by boosters. This is not something that has been done in the past on Town fields because of feeling that if it was open to one vendor, then it would have to be open to other vendors.
The Board cited the concerns for the location that is considered school property as the School Committee did not support her request and for the other locations which are in neighborhoods. The Board’s consensus indicated it does not support the expansion of commercial enterprise in non-commercial zones. However, it was noted that private parties does not require a vendor’s license and there might be opportunities for Ms. Brewster to have her cart at special events. The Board agreed to work on a policy that might allow her some flexibility for applying to have her hot dog cart at special events.
Ms. Sullivan moved that the Board of Selectmen approve the vendor application for Cindy Brewster for a general license for the operation of a hot dog cart. Second by Mr. Witten. Vote: 0:3:0.
EBEN ELLISON FUND DISCUSSION
Mr. Martecchini explained the Eben Ellison Fund is a non-expendable fund from which the income can be used 50% for worthy Town projects and 50% for upkeep of the Ellison playgrounds. The balance is currently $22846.00 and there is a request for $12,000.00. plus $500.00 stipend to Trustees.
Mr. Gordon Cushing, Recreation Director, was present and gave an explanation of why he is requesting disbursements from the Eben Ellison Fund for the following:
(1) to install a fence around the cart barn at the North Hill Country Club $6,000.
(2) to provide funds to paint, seal, re-line Tarkiln tennis courts $6,000.
Mr. Witten moved that the Board approve the sum of $6,000.00 from the Eben Ellison Fund for the upkeep of the Ellison Playgrounds, and additionally the sum of $6,000.00 for installation of a fence around the cart barn at the North Hill Country Club.
Second by Ms. Sullivan. Vote: 3:0:0.
EXECUTION OF LEASE(S) FOR THE WRIGHT BUILDING
Mr. Martecchini introduced this agenda item with brief remarks about the two leases to be executed.
Mr. MacDonald stated that the Wright Building does have full occupancy permit. We have been working with the DRHS and the Student Union to negotiate the leases. The documents before the Selectmen are the final, negotiated leases. Mr. MacDonald requested that the Selectmen authorize him to sign the lease documents on their behalf as the DRHS and the Student Union are in the process of obtaining their final insurance documents. Once the final insurance certicates are received the lease can be executed and keys provided to the tenants.
Ms. Sullivan moved that the Board of Selectmen authorize the Town Manager to execute a lease between the Town of Duxbury and the Duxbury Student Union Association, for a period of ten years commencing May 22, 2007, subject to all the terms and conditions as stated in the lease documents. Second by Mr. Witten. Vote: 3:0:0.
Ms. Sullivan moved that the Board of Selectmen authorize the Town Manager to execute a lease between the Town of Duxbury and the Duxbury Rural and Historical Society, for a period of ten years commencing May 22, 2007, subject to all the terms and conditions as stated in the lease documents. Second by Mr. Witten. Vote: 3:0:0.
LOCAL HOUSING PARTNERSHIP RE: Lincoln Street Property
Diane Bartlett, Chair, and Mr. Bill Campbell, member, of the Local Housing Partnership (LHP) were present to discuss this item with the Board.
Mr. Martecchini made some introductory remarks to explain in 1988 it was voted at an Annual Town Meeting that the Lincoln Street Property be used for an affordable housing project but for various reasons it did not go forward.
Ms. Bartlett then gave an overview of the criteria the LHP was suggesting be included in the Request for Proposal (RFP) for this property:
Tenure: Home Ownership-Affordable / Market rate
Density: 20 units per Town Meeting vote
Conservation: 30 % coverage dwellings and roads with 70% conservation land, which Ms. Bartlett assumed will be deed restricted.
Amount Affordable: 25% affordable - 80% median income
Target Market: Elderly and Family mix
Style: NE Village, Cape, Colonial or Salt box with garages
Compensating advantage for Town in Leasing Land
The last item led to a discussion of the legal terminology of “fee-simple” vs. “lease hold” and the general criteria the LPH was proposing for the RFP.
Mr. Witten mentioned that several of the items in the original document are no longer valid. He specifically pointed out that the HOP (Home Ownership Program) no longer exists and the value of property has change dramatically.
Ms. Sullivan recommended that the Board should first develop a policy regarding Local Initiative Proposals (LIP) before proceeding. Mr. Witten agreed.
Mr. Jim Lampert, Chair of the Board of Appeals, was there as an interested citizen and offered some comments concerning the process.
Mr. Martecchini summarized that what the LHP is looking for is a sense from the Board of Selectmen whether we are ready to proceed with this project. Several years ago there was a project brought forward and then issues were raised and it was not able to proceed. The LHP does not want to act on this again if the Board is not ready to proceed.
There was some further discussion of the need to establish a policy regarding LIPs and various scenarios to use the value of the land to increase the affordable housing and the housing need for smaller properties for those who are trying to downsize.
The general consensus of the Board was that there needs to be more discussion to establish some policies or guidelines for LIPs before they can recommend the LHP go forward with the RFP.
PLANNED PRODUCTION PLAN
Mr. Martecchini recapped that on April 30th the Board met with the LHP and Mr. Philip Mayfield, the Housing Consultant, regarding the Planned Production Plan, but postponed voting on it until it could be finalized with comments from the Planning Board incorporated.
Mr. Witten opined that Duxbury is not going to support a 40R and cited reasons why. He did suggest that the endorsement of the plan would be for the purpose of submitting the plan to DHCD.
The Board gave a brief overview of what 40R and 40S developments are.
Ms. Sullivan moved that the Board of Selectmen approve the Town of Duxbury Affordable Housing Plan Production Program, dated May 14, 2007, for submission to the Massachusetts Department of Housing and Community Development (DHCD) in accordance with the guidelines for the Plan Production Regulation under MGL Chapter 40B, 760 CMR 31.07 (1) (i). Second by Mr. Witten.
Mr. Witten made an Amendment to the motion to insert the words “the sole purpose of” prior to the word “submission”. Second by Ms. Sullivan. Vote (on the Amended motion) 1:2:0.
Vote on the original motion made by Ms. Sullivan, (i.e., without the additional phrase). 2:1:0. (Mr. CityplaceWitten voted “nay.”)
COMMENT LETTER FOR "COMMONS AT TARKILN
Mr. Martecchini explained the Board of Selectmen received notification of a new 40B development, named The Commons at Tarkiln. The development would be partially in Kingston and partially in Duxbury. The Board has until June 1st to submit a comment letter to Mass Housing. Kingston has provided a copy of their letter and the tactic Kingston has taken is to focus on the fact that Kingston recently accepted a 40R for a development of approximately 730 homes including affordable units, and therefore should be exempt from further 40Bs.
Christine Stickney, Duxbury Town Planner, drafted a 6-page letter with comments of concern. Mr. Martecchini gave overview of the points made in the letter which included, but are not limited to:
1. The plan was not stamped by professional land surveyor attesting to the actual square footage of the parcel(s) located in the
two Towns.
2. Since the plan was not stamped there is a basic flaw in the ability to validate anything shown, including the property lines and
town lines.
3. During site walk one of the units is straddling the town line and this leads to issues regarding taxation, public safety, school
districts, etc. (Mr. Martecchini mentioned there was a similar situation with the development that straddles Marshfield and
Duxbury, which went to litigation in the past and the Town does not want to go through that again.)
4. The plan is for 75 units with 59.5 in Kingston and 15.5 in Duxbury. Depending on the determination of the one unit which
straddles the town it appears the split of affordable units would be 15 in Kingston and 4 in Duxbury, but that remains to be
determined.
5. Conservation concerns (not all of which were mentioned). The wetlands delineation in Kingston is currently under appeal with
the Dept. of Environmental Protection and site layout and potential development of the property depends on it. The wetlands
delineation in Kingston may affect the 100’ buffer which encroaches into Duxbury. There are also concerns a portion of the site
is in the 100 year flood zone.
6. Public safety issues regarding a development of this size and one that straddles two communities were spelled out.
7. Site control in which the Purchase and Sale indicates the selling price of $9 million for 9.4 acres. The property was sold in 2003
for $300,000. The letter points out that this price differential is highly questionable. It also points out the name of the group is
not on file in the Secretary of State’s database.
8. Concerns regarding whether the development will be able to connect to the Kingston sewer system.
9. That no traffic surveys have been provided.
10. Information regarding age-restricted units and family units was not provided.
While the entire Board commended the efforts of Ms. Stickney, both Mr. Witten and Mr. Martecchini provided edited versions of the letter and took some time to explain their viewpoints and recommendations. Mr. Witten's contention is that the developers inflated the price of land to increase profitability and that the Board should take a strong stand to let the Inspector General know that we are dealing with fraudulent application to a state agency. Mr. Martecchini’s concern was that the language was almost pushing for an investigation so his edited version took the essence of Mr. Witten’s argument but changed the language to avoid getting the Town involved in an investigation. Ms. Sullivan agreed with the essence of Mr. Witten’s contention, but did feel that Mr. Martecchini’s version was more
appropriate approach. Mr. Witten accepted Mr. Martecchini’s suggested re-write.
Ms. Melissa Donohoe, an abutter, spoke about the site control and wetlands issues. She noted that the proposed Duxbury development would be built right on the easement.
Ms. Sullivan moved to submit the letter to Mr. Roderick Hawkes of the Massachusetts Housing Finance Agency as drafted by Mr. Martecchini. Second by Mr. Witten. Vote: 3:0:0.
CLARIFICATION OF WEST BAY LANDING VOTE
Mr. Martecchini introduced this topic by explaining that there was some question over what their actual motion was on the West Bay Landing proposal.
Mr. Martecchini read the Motion from the Board of Selectmen’s meeting on May 14, 2007:
Moved that, pursuant to the authority of the Board of Selectmen found at 760 CMR 45.00, that the Board vote to endorse for Local Initiative Program approval, the proposed comprehensive permit project entitled "West Bay Landing" off of Soule Avenue, Duxbury, Massachusetts subject to the following conditions:
1. That this endorsement is granted to Zero Bay Road Trust and is not transferable or assignable without written consent of the
Board of Selectmen;
2. That the total development density of the project be no greater than 16;
3. That no less than 25% of the dwelling units be sold to individuals earning no more than 80% of the median income for the
geographic region containing Duxbury as determined by the Department of Housing and Community Development;
4. That no dwelling unit be constructed closer than 60 feet from a property boundary of one other than the applicant;
5. That an appeal of the comprehensive permit issued by the Board of Appeals to the Housing Appeals Committee pursuant to
G.L., c. 40B, s. 20-23 and 760 CMR 31.00 et seq. shall automatically revoke this endorsement, rendering the same null and void
upon docketing of the appeal with the Housing Appeals Committee.
Ms. Sullivan acknowledged that in making the Motion some of the language was omitted; specifically the reference to the limit being 8 single-family detached dwellings. Ms. Sullivan stated while she does agree single-family dwellings will be less invasive, in her opinion, since the Town does not own the property she did not feel it is appropriate for the Board to dictate what the property owner can do.
Mr. Witten explained that he does not support the Motion if it does not include the limit being 8 single-family detached or a comparable number of attached single-family units.
Mr. Martecchini moved that the Board reconsiders the vote made on May 14, 2007 regarding West Bay Landing. Second by Ms. Sullivan. Vote: 3:0:0.
Ms. Sullivan moved the clarified Motion as previously read by Mr. Martecchini. Second by Mr. Witten. Vote: 2:1:0. (Mr. Witten was the “nay” vote.)
TOWN MANAGER BRIEF
Mr. MacDonald reported the following:
1. The Powder Point bridge work is complete and was done ahead of schedule.
2. Hall’s Corner Drainage Work: The work continues on the drainage at Hall’s Corner. There have been some traffic delays, but police
details are in place to assist with this. There was a water main break but that has been resolved. Estimated completion date is
June 15th.
3. Seawall Work: The work on the seawalls should be completed by next week. You may recall that in order to qualify for the state
funding the work had to be completed by June 30th so we are in good shape.
4. North Hill Advisory Committee (NHAC): Mr. MacDonald will be meeting with the NHAC next week as the contract with the
management company will be ending next year. Mr. Cushing and others have been visiting other facilities to gather information to
start the process for preparing a RFP (request for proposals).
5. Online Payments: Mr. MacDonald displayed a flyer which will be going out with the next tax bills informing residents of the ability to
pay for several items online. He pointed out online payment of parking tickets is being added. There is a link on the Town website
ESTABLISH SUMMER MEETING SCHEDULE
A draft of a tentative summer schedule of Board of Selectmen (BOS) meetings was schedule was provided to the Board. Mr. Martecchini went over the dates.
Ms. Sullivan asked if there will be any transfers. Mr. Madden did indicate that there will be some transfers and the law does not say whether the Finance Committee or the Board of Selectmen reviews the transfers first. Ms. Sullivan had no concerns with the order; only that the Board of Selectmen have the opportunity to review the transfers.
Returning to the summer BOS meeting schedule, hearing no objections Mr. Martecchini stated that would be the summer schedule.
The Nuclear Advisory Committee has requested that the Board of Selectmen sign a letter to Kevin Burke, Secretary of Public Safety, requesting a workshop be held to discuss Pilgrim’s radiological emergency plans and implementing procedures. There was agreement by the Board to sign a letter.
ADJOURNMENT
Mr. Martecchini entertained a motion for adjournment. So moved by Ms. Sullivan.
Second by Mr. Witten. The meeting adjourned at 9:16 AM. Vote: 3:0:0.
Minutes transcribed by C. Anne Murray, Dept. Secretary, from tape and notes from Mr. MacDonald and Mr. Madden.
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