Date: February 26, 2007
Date Minutes Approved: March 5, 2007
BOARD OF SELECTMEN MINUTES
Present: Elizabeth Sullivan, Chair; Andre Martecchini, Vice-Chair, and John Tuffy, Clerk.
Absent: No members were absent.
Staff: John Madden, Finance Director; and C. Anne Murray, Dept. Secretary- Town Manager/Board of Selectmen.
The meeting was called to order at 7:30 PM.
Ms. Sullivan explained Mr. Richard MacDonald, Town Manager, would not be in attendance as he had to leave to deal with a family illness.
OPEN FORUM
No items were discussed.
The EVENT PERMIT: MS BIKE TOUR, which was on the Agenda has been postponed to be discussed at a future meeting.
DISCUSSION REGARDING DUXBURY TRIATHLON / Brian Noyes, Race Director
Mr. Noyes was present to notify the Selectmen that this year’s Duxbury Triathlon is being planned for Saturday, September 15, 2007 with a start time of 8 AM. A meeting is planned to work out the details with the public safety officials, and then he will be back for formal permission from the Board. He mentioned that this year he will be asking for permission to increase the number of participants by 50 individuals to a total of 650 entries. The rationale for doing so is to increase revenue so that some small donations could be made to some of the local volunteer groups, e.g., the Iron Girls, who assist with the event.
CONTINUED DISCUSSION OF ARTICLE PERTAINING TO DEMOLITION DELAY
Ms. Sullivan read a portion of the article and explained the main change is that it calls for extending the term of the demolition delay from 6 months to 12 months. At a prior Board of Selectmen’s meeting Ms. Sullivan and Mr. Martecchini discussed this and were split on their opinion. They postponed a formal vote until Mr. Tuffy could be present.
Mr. Tuffy indicated that he was familiar with the article.
Mr. Tuffy pointed out that one of the problems has been what constitutes “historical.” Homeowners with the current demolition delay are already asked to put their plans on hold for 6 months and that can cause additional delays if their contractor is then not available to begin. This in turn could result in the permit expiring and the process having to begin again.
Mr. Martecchini moved that the Board of Selectmen support article 30 of the 2007 Annual Town Meeting warrant (Demolition Delay). Second by Mr. Tuffy. Vote: 1:2:0 (Mr. Martecchini “aye” and Mr. Tuffy and Ms. Sullivan “nay”.)
MINUTES
Mr. Martecchini moved that the Board of Selectmen approve, as written, the Minutes of the February 12, 2007 meeting. Second by Mr. Tuffy. Vote: 2:0:0. (As Mr. Tuffy was not present at that meeting he did not vote on the Minutes.)
BONUS SHELLFISH SEASON
Mr. Tuffy moved that, because of abundant shellfish resources, that the Board:
1. Declare a temporary Bonus Shellfish Season for the commercial harvesting of softshell clams for the month of March. Regulations as attached. (Please see Attachment B & C)
2. Declare a temporary Bonus Shellfish Season for the commercial harvesting of quahog clams for the month of March. Regulations as attached. (Please see Attachment A & C)
3. Declare a temporary Bonus Shellfish Season for the recreational harvesting of Soft Shelled Clams for the month of March. Regulations as attached. (Please see Attachment D)
Second by Mr. Martecchini. Vote: 3:0:0.
C. HAMADEH: L.I.P. PROPOSAL/ West Bay Landing/ Off Bay Road
Mr. Chafik Hamadeh was present to outline his West Bay Landing development plan to the Board of Selectmen and to ask them to endorse it as a Local Initiative Project (L.I.P.) or what is commonly-called a “friendly 40B.”
Also in attendance were members of the Local Housing Partnership including Ms. Diane Bartlett, Chairperson, Mr. Bill Campbell, Mr. Brendan Keohan, and Ms. Angela Scieszka. The audience also included a large contingent of residents from the neighborhood where the development is planned.
Ms. Sullivan outlined the process the meeting would follow. Mr. Hamadeh would first briefly present his proposal, the Selectmen would then ask questions or comment, followed by members of any Boards or Committee members present, and then the public would be recognized to ask questions or comment.
Mr. Hamadeh appeared with a scale model of the project and preliminary plans. In his presentation Mr. Hamadeh mentioned the following:
· The project is planned for 10 buildings with a total of 20 units on 9.86 acres. Each of the buildings will consist of an A unit and a B unit.
· The land is located off of Bay Road between Torrey Lane and Sanger Road.
· He is offering to make the project 30% affordable housing (Under 40B guidelines only 25% affordable housing is required.) This translates to 6 affordable units and 14 fair market-value units.
· He is proposing to have priority given to Town employees and then current residents who meet the affordable housing eligibility requirements.
· Density: He pointed out that this project is half the density of other recent Duxbury development projects, including Duxbury Crossing, Merry Village, Webster Point Village, Brewster Commons, and the Duxbury Estates. Technically, the parcel would allow for up to 40 units. By Board of Health standards it also has significantly less bedrooms than would be allowed.
· There are no wetlands or Conservation concerns. It is not a priority habitat area.
· Under proposed plan 3.25 acres of the almost 10 acres would be left undisturbed.
· Soil conditions are excellent with good perk results to allow for simple septic design.
· Utilities: Water supply is more than adequate given the size of the main and the pressure in the area.
· Access Road: The current plan is for access to be via Sanger Road. He owns property along it that would allow for widening of the access road.
· Location: near local retail shops.
· Affordability: The following details were mentioned.
Unit A (19,000 sq. ft.) 2 Affordable units est. at $188,000.00 each
8 Market-value units est. at $529,000.00 each
Unit B (14,000 sq. ft.) 4 Affordable units est. at $180,000.00 each
6 Market-value units est. at $449,000.00 each
· Design of this project is similar to the design of The Meadows in Pembroke for which Dennis Nolan was also the architect.
The Selectmen then asked some questions and made some comments.
Ms. Sullivan asked some questions about different access routes. Mr. Hamadeh said access from Bay Road is not planned at this time because of the topography there grading would be needed, but it could potentially be considered. Access from Torrey Road is not possible as it is a private drive. The option of access via Old Colony, if needed, could be explored but more research would be needed.
Mr. Hamadeh was also asked whether the intention is for this to be an age-restricted development. He answered that it is not for a few reasons (1) He felt that would limit the employees, e.g., young teachers, from being eligible, (2) many people do not want to be in an age-restricted community, and (3) in his opinion there are already plenty of age-restricted units on the market.
Mr. Martecchini mentioned that “affordable units” do have a deed restriction that goes with them to keep them affordable. He also explained that to make it a Local Initiative Project (L.I.P.) or what is commonly-called a “friendly 40B” the Board of Selectmen must support it before it goes to the State and to the other local boards. A L.I.P is a affordable housing project that the Board of Selectmen supports it in concept, but it still does require a comprehensive review at the local level through the Boards that normally would review a development.
Mr. Tuffy asked whether the units would be on slabs or have basements. Mr. Hamadeh’s answer was that slab on grade would be the standard, but there would be a basement option for a price.
Mr. Tuffy also ask about the septic plans. Mr. Hamadeh indicated he planned the septic systems to be installed in the front of the buildings to minimize the tree cutting.
Members of the Local Housing Partnership (LHP) then made some comments. Ms. Diane Bartlett, the Chair, explained that the LHP has been meeting and discussing this project with Mr. Hamadeh. In the meetings they have had Mr. Hamadeh has been willing to listen to their concerns and to work with them to mitigate some of the issues. Given that the LHP felt it was appropriate to bring this proposal to the Board of Selectmen for consideration as a L.I.P. Mr. Brendan Keohan added that Mr. Hamadeh was asked to increase the affordable units and that he did so in good faith. After several residents from the neighborhood spoke Mr. Bill Campbell mentioned that the LHP was created by Town Meeting and the members were appointed by the Board of Selectmen with the mission to “foster affordable housing.” Based on
that mission the LHP voted to bring this development forward as a proponent of it.
Mr. Campbell also mentioned that there are two facets to L.I.P.s:
1. The Developer brings the project to the Board of Selectmen. The Board refers it to the State and then the State sends it back to the local boards for a comprehensive review. Or
2. Local Action Unit is a development in which the Town owns or sells land, e.g., Lincoln ST.
Mr. Campbell then said that the West Bay Landing would be in the first category and require comprehensive permitting.
Ms. Angela Scieszka, the Planning Board’s representative to the LHP, commented that the Selectmen’s role is more than a formality. It is needed for a subsidy. She indicated that a L.I.P. would typically involve town-ownership and global community support. She raised issues with the access and the control over some of the access roads, which will impact the neighborhood. Ms. Scieszka further questioned what makes this a L.I.P. vs. a regular 40B? How far does the friendly 40B aspect carry through —what about appeals?
The following is a representative sample of the concerns, issues and comments expressed by the public:
· The majority of the neighborhood is in opposition to this project.
· Public Safety: The neighborhood has public safety concerns, esp. given how narrow the streets are. There are areas where the roads in the proposed area are barely wide enough for two cars.
· Affordability: The neighborhood contains about 20 teachers and countless other Town employees so it is already an affordable area.
· Profit Margin: 40B developments are only allowed 15%-20% profit margin. Mr. Hamadeh purchased the property for $600,000.00 and therefore a number of people questioned whether the profit margin for this development would exceed that range.
· That this project is not really about affordability but rather about maximizing profit. Belief that there would be plenty of profit with the current zoning, but by bringing this forward as an “affordable housing” project it allows for the maximization of profit.
· Suggestion that the Town should purchase the land for $800,000.00 and recommended three potential uses:
1. a wildlife preservation corridor
2. Historic preservation of Pilgrim Governor Prence’s Farm. She listed several
prominent citizens who had lived there.
3. building 4-5 affordable houses, perhaps in partnership with Habitat for Humanity.
· Concerns of families with young children in the area for safety given the anticipated increased traffic.
And at the same time the loss of a natural playground.
· Right of way issues: There is confusion over which streets are accepted public streets, lanes and
public ways and what access is allowed on each. This needs to be clarified so that access options can
be fully explored.
· The potential access on Old Colony Railroad bed, which has been mentioned, is not likely to be
available due to a recent purchase of property there.
· Concerns that property values, esp. for the abutting properties, will decrease.
· Over abundance of available houses in the proposed neighborhood for sale in the (affordable) price
range.
· Traffic Concerns: Access from Soule Avenue to Tremont ST is already a difficult intersection. Adding
that many residences will only expand the traffic concerns at that intersection.
· Questioned what the median income is and if there are any guidelines regarding what a L.I.P. should
bring to a community to qualify?
· Questioned whether it would be possible to plan the project so it was divided and built with 2-3
separate access roads so that the traffic would not be concentrated in one area.
Mr. Martecchini spoke to respond to the questions regarding what benefit this plan has, and made the following points:
· The benefit is it promotes affordable housing in Duxbury. Mr. Hamadeh could develop 4-5 single-family
houses, but they would likely not be affordable.
· Also, if no effort is shown as a Town to meet the 10% requirement of affordable housing, then the
Town will have less say in potentially denser proposals.
· The guidelines are the type of thing that will come out during the comprehensive review by the local
boards.
There was a brief discussion regarding median income. Ms. Sullivan suggested for median income to google “HUD Median income.” Someone in the audience stated that for a 4 person household it is $66,150. The conclusion was that median income is approx. $82,000.
Mr. Hamadeh was given a chance to respond to some of the comments that had been made and made the following points:
· It is a “friendly 40B” because is half the density that it could be.
· If profit was his sole goal then he would develop 40 units; not the 20 units he is proposing.
· He pointed out that he has lived in Duxbury with his family for a number of years and he has tried to
propose a project in keeping with Duxbury’s character.
· Sanger Road in its current state is narrow. He does have 38’ of land to widen it.
· Spruce Lane is 18’ and is adequate, but he concedes may be borderline.
· The State is clear about profit not exceeding 20%. Realistically you need 15%-20% in order to qualify for
financing through lending institutions and his estimated profit margin is approximately 14%, which is
within the guidelines.
· The project has been planned in such a way to limit the tree cutting and to leave open space.
· Exploring different access roads: Mr. Hamadeh indicated that he believes that public safety officials
might have some concerns with not having direct access, and therefore does not believe he could get
permission to divide the project and build 2-3 different access roads. He is open to exploring other
options for the access road, but mentioned they would likely increase the construction costs, and in
turn increased construction costs would have to be offset with increased density.
Ms. Sullivan said Duxbury has done a good job in preserving open space, but needs to do a better job providing affordable housing for town employees; our teachers and public servants. As far as purchasing the property, it would be up to the CPC to make that determination. People do need to understand that undeveloped land can be developed.
The concerns voiced regarding narrow roads have been heard by the Board, and the safety and right of way issues do need to be looked at further, as well as the Bay Road access. Ms. Sullivan agreed that the Board should visit the site. In addition, she suggested referring the project to the Development Review Team (DRT) for review with a meeting to be scheduled after Annual Town Meeting. The DRT is a group consisting of a number of the Department Heads who meet with the developer to discuss concerns and issue prior to formal presentation to the various boards. Both Mr. Tuffy and Mr. Martecchini indicated their agreement that the Board visit the site and that the proposal be referred to the DRT.
DISCUSSION & VOTES REGARDING REMAINING TOWN MEETING ARTICLES INCLUDING FY08 OPERATING & CAPITAL BUDGETS
In attendance, as representatives for the Duxbury Schools, were Sue Skeiber, Superintendent elect; Mickey McGonagle, Business Manager and School Committee Members Karen Wong, Anne Ward, and John Heinstadt.
Ms. Sullivan congratulated Sue Skeiber on being chosen as the new Superintendent of the Duxbury Schools.
Ms. Sullivan then ask if any of the school representatives wanted to make any comments about the school budget items before the Board voted on the budget. The school representatives had no comments.
Ms. Sullivan asked if they wanted to make any comments about the $600,000. technology budget request in the Capital Budget. Ms. Ward responded that they would be discussing it at a meeting on March 7, 2007 and therefore, had no comment at this time. The school representatives exited the meeting.
NOTE: For purposes of the Minutes all references to Annual Town Meeting (ATM) or Special Town Meeting (STM) will mean the ATM and STM that will convene on March 10, 2007.
CPC is the Conservation Preservation Committee.
Before proceeding, it was determined that the votes regarding the ATM and STM articles could be made in their role as the Board of Selectmen. Therefore, it was not necessary for the Board to convene as the Water Commissioners.
Article 4 Acceptance Of addressStreetState Highway Funds
This article had been previously voted on and support by the Selectmen, but since the dollar amount has changed from $325,000.00 to $329,051.00 a re-vote is in order. It was noted that the increased amount was voted on and approved by the Finance Committee.
Mr. Tuffy moved to reconsider the vote on Article 4 to support Article 4 of the ATM in the new amount of $329,051. Second by Mr. Martecchini. Vote: 3:0:0.
Article 5 Fiscal 2008 Operating Budget
Mr. Tuffy moved that the Board of Selectmen support 2007 Annual Town Meeting Article #5, the Operating Budget, in the amount of $54,611,373.00. Second by Mr. Martecchini.
Vote: 3:0:0.
Article 6 Fiscal 2008 Capital Budget
Before voting on the Capital Budget there was some discussion to clarify why the totals shown on the handouts differed. The Fiscal Advisory Committee (F.A.C.) only reviews requests over the $100,000.00 so the F.A.C. did not vote on some of the requests. Once the figure was clarified to everyone’s satisfaction, the Board moved to the vote.
Mr. Tuffy moved that the Board of Selectmen support the 2007 ATM Article #6, the Capital Budget, in the amount of $3,610,000.00. Second by Mr. Martecchini.
Vote: 3:0:0.
The Board of Selectmen made the following comments regarding the $600,000.00 technology budget request as to why they were not able to support it:
· The budget simply does not accommodate the debt service on the technology article.
· There were concerns expressed about borrowing money for items such as computers which do not
have a long longevity.
· The new Superintendent and the new IT Director should have an opportunity to think through how to
go forward and finance technology items.
Article 9 Duxbury beach lease
Mr. Tuffy moved that the Board of Selectmen support 2007 ATM Article #9, the Duxbury Beach Lease, in the amount of $400,000.00.00. Second by Mr. Martecchini.
Vote: 3:0:0.
Article 14 CPC: Operating Budget
It was noted that the CPC voted to support the CPC: Operating Budget in the amount of $80,000.00.
Mr. Tuffy moved that the Board of Selectmen support the 2007 ATM Article #14, the CPC: Operating Budget, in the amount of $80,000.00. Second by Mr. Martecchini.
Vote: 3:0:0.
Article 15 CPC: 10% Allocations
It was noted that the CPC voted to support the amount of $648,000.00.
Mr. Tuffy moved that the Board of Selectmen support the 2007 ATM Article #15, pertaining to the CPC allocations, for the total amount of $670,000.00 to allocated equally between Open Space, Community Housing and Historical Preservation. Second by
Mr. Martecchini. Vote: 3:0:0.
Article 16 CPC: Synthetic Athletic Fields
It was noted that the CPC voted to support funding for the synthetic athletic fields in the amount of $670,000.00.
Mr. Tuffy moved that the Board of Selectmen support the 2007 ATM Article #16, pertaining to the CPC funding of synthetic athletic fields, in the total amount of $648,000.00. Second by Mr. Martecchini. Vote: 3:0:0.
Article 17 CPC: Construction & bid documents for tarkiln center
The Board of Selectmen had previously voted to support Article 17 with the amount unspecified. The amount has now been specified by the CPC and is $125,000.00.
Mr. Martecchini moved that the Board of Selectmen reconsider its previous vote and vote to support the 2007 ATM Article #17, pertaining to the CPC funding construction and bid documents for the Tarkiln Center, in the total amount of $125,000.00. Second by Mr. Tuffy. Vote: 3:0:0.
Article 19 CPC: Unused Funds
This article serves to rescind authorization for unused CPC money allocated to a specific project and to transfer those funds back to the CPC account. The CPC has approved the amount of $17,222.68 as unused funds.
Mr. Martecchini moved that the Board of Selectmen support the 2007 ATM Article #19, pertaining to the rescission of unused CPC funds in the amount of $17,222.68 and to transfer those funds back to the Conservation Preservation Act Fund. Second by Mr. Tuffy. Vote: 3:0:0.
Article 21 Easement on Mayflower STreet for well (Ricker property)
This article will allow the Town to acquire an easement to place a water main under land owned by Mr. Earle B. Ricker. Details of the project were discussed at a prior Board of Selectmen’s meeting.
Mr. Martecchini moved that the Board of Selectmen support 2007 ATM Article #21, pertaining to the negotiation and acquisition, by conveyance or by eminent domain, easements encumbering a parcel of land owned by Earle B. Ricker, shown as Assessors Map 150-024-000. Second by Mr. Tuffy. Vote: 3:0:0.
Article 29 Zoning article regarding Planned Developments
A vote on this article was postponed as they are waiting for Town Counsel opinion.
Article 40 ALTERNATIVE energy committee expenses
The Alternative Energy Committee is recommending indefinite postponement for this article.
Mr. Martecchini moved that the Board of Selectmen vote to indefinitely postpone 2007 ATM Article #40 pertaining to a request by the Alternative Energy Committee for $5,000.00 for miscellaneous expenses of the Alternative Energy Committee in conjunction with efforts to control the Town’s energy costs. Second by Mr. Tuffy. Vote: 3:0:0.
Article 41 FUNDING stabilization fund
Mr. Tuffy moved that the Board of Selectmen vote to indefinitely postpone 2007 ATM Article #41 pertaining to funding the stabilization fund. Second by Mr. Martecchini. Vote: 3:0:0.
Article 42 FREE Cash Application
The Board postponed voting on this article as they are waiting for the dollar amount.
SPECIAL TOWN MEETING ARTICLES
Article 1 dEPARTMENTAL TRANSFERS
No action taken because some clarification is pending on the amounts and accounts involved.
Article 2 UNPAID bills
Mr. Madden explained that there were three unpaid bills totaling $2,345.30 and documentation was provided to the Board. The bills are as follows:
From the Fire Department for prior year wages in the amount of $1,077.30.
From the Fire Department for a bill from United Divers for an air quality test of $95.00.
From the Sewer Department for a bill from R.I. Analytical in the amount of $1,173.00 for sampling done at the High School Treatment Plant.
Mr. Tuffy moved that the Board vote to support Article 2 of the STM for payment of the unpaid bills presented in amount of $2,345.30. Second by Mr. Martecchini. Vote: 3:0:0.
Article 3 RESCIND debt
Mr. Madden explained that this is a standard housekeeping article. At prior Town Meetings authorization was granted to borrow up to a specified amount for a given project. As the projects either did not go forward or were completed for less than the authorized amount it is necessary to vote to rescind the unspent debt. Having less debt on the books does help with the rating and bonding agencies. The debt the Town Meeting will be asked to rescind totals $2,843,316.00, which come from three sources: the dehumidification project at the Percy Walker Pool, the Wright Building project, and the purchase of a hot-patch trailer.
Mr. Tuffy moved that the Board vote to support Article 3 of the STM rescinding debt in the amount of $2,843,316.00. Second by Mr. Martecchini. Vote: 3:0:0.
For the benefit of the viewing public the Board stressed that this does not mean there is an extra $2,843,316.00 in the budget. This is just rescinding the authority that was granted to borrow that amount.
Ms. Ripley, who was in the audience, pointed out that the Board had skipped Articles 1 and 2 of the ATM and those articles are ready for the Board’s consideration.
RETURNING TO THE ANNUAL TOWN MEETING ARTICLES
ARTICLE 1 APPOINTMENT OF OFFICERS
This is a standard article that allows for the appointment of necessary officers not chosen by ballot.
Mr. Tuffy moved that the Board vote to support Article 1 of the ATM pertaining to the appointment of officers. Second by Mr. Martecchini. Vote: 3:0:0.
ARTICLE 2 APPOINTMENT OF OFFICERS
This is a standard article that allows for the appointment of necessary officers not chosen by ballot.
Mr. Tuffy moved that the Board vote to support Article 1 of the ATM pertaining to the appointment of officers. Second by Mr. Martecchini. Vote: 3:0:0.
BUSINESS
Committee Appointments/Re-appointments – None.
Logan Airport Flight Plan Changes
Mr. Martecchini explained the Federal Aviation Administration (FAA) and Massport are looking for ways to mitigate noise in the communities surrounding Logan International Airport. A Community Advisory Committee, to Massport and the FAA, involving 29 communities has been meeting since 2004 and in January voted on changes to flight plans.
Duxbury was not informed of this until very recently; nor was the Town informed of the impact of the changes. The Town recently learned that some of the flights are being dispersed to fly over Scituate, Marshfield and Duxbury. Mr. MacDonald has been in contact with Duxbury’s State Representatives to arrange a meeting with the FAA and Massport to discuss this matter. Mr. Martecchini said recommended changes in flight paths have planes flying farther east over Massachusetts Bay and at higher altitudes, which will help lessen the noise impact when the flights cross back over the land. The concern is that the proposed flight paths will be channeled more narrowly over Duxbury, Scituate and Marshfield then they currently are. Details on the flight paths are available at www.bostonoverflightnoisestudy.com. However, interpreting the information is not easy. As additional information is learned the Board and Mr. MacDonald will keep the public informed.
ADJOURNMENT
Mr. Tuffy moved for adjournment at 9:30 PM. Second by Mr. Martecchini. Vote: 3:0:0. Meeting Adjourned.
Respectfully submitted,
C. Anne Murray
Dept. Secretary, Town Manager / Board of Selectmen
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