SPECIAL MEETING
BOARD OF SELECTMEN
MINUTES
MAY 22, 2007
6:00 p.m. Holden Senior Center
Present: Chairman James Jumonville, and Selectmen Kimberly Ferguson,
Kenneth O’Brien, Joseph Sullivan and David White.
Also present: Brian Bullock, Town Manager, Jacquelyn Kelly, Assistant Town Manager
Stephen Madaus, Deputy Town Counsel, Pamela Harding, Senior Planner
Chairman Jumonville called the meeting to order at 6:00 p.m. The purpose of the meeting was to discuss and take action on the DHCD site eligibility letter for Winterberry Hollow which was due to expire on May 26, 2007. The Selectmen had originally approved the project’s Local Initiative Partnership (LIP) in September 2004; application for a Comprehensive Permit for the project is currently before the Zoning Board of Appeals. Present to represent the Developer B.A. Sundin & Sons were Scott Sundin, David Clark and Attorney Mark Donahue. Chairman Jumonville called upon Mr. Donahue who made a presentation concerning the background and current status of the project known as Winterberry Hollow, a 242 rental unit affordable housing project to be located in an area between Cranbrook Drive and
Newell Road.
The Project was presented to the Town and endorsed by the Board of Selectmen in September of 2004. The Department of Housing and Community Development subsequently approved the project. The Developer has spent considerable time and money to conduct wetland identification, preliminary design and site plans, traffic studies, and a development and operational pro forma. The Developer has also provided funding for the Town, acting through its Zoning Board of Appeals (ZBA), to hire independent consultants to review the preliminary plans and pro forma. The Developer requested a two-year extension of the site eligibility letter for Winterberry Hollow including the original conditions imposed by the Selectmen upon their endorsement in September of 2004.
The Selectmen then asked a series of questions concerning the process to date. Selectman Sullivan and Selectman Ferguson asked if the Developer had incorporated any neighborhood input into their designs. Mr. Donahue responded that the Comprehensive Permit was filed with the ZBA early in 2007 and is currently slated for a public hearing on May 24, 2007. Mr. Donahue said that the public input portion of the process will begin at the upcoming public hearing. Selectman O’Brian reviewed a series of comments made by the Planning Board and the neighborhood group and questioned why the Developer’s plans (as presented on two schematic plans on display) did not seem to address this input. Mr. Donahue responded that the Developer had not officially been provided with the comments and
therefore had not had an opportunity to review them.
Attorney Madaus was called upon to review his letter and proposed motion concerning extension of the LIP. There are three options for action: to deny the extension, to grant the extension as requested by the Developer (two-year extension), or to grant an extension with further conditions. The Zoning Board of Appeals is the appropriate forum for review of the Comprehensive Permit and Mr. Madaus recommended that any additional Selectmen concerns be forwarded to the ZBA for their deliberation. The proposed motion contained a one year extension and three conditions:
The Project must provide adequate buffering to screen the proposed development from the existing residential neighborhood;
The proposed buildings must be of a scale, design and consist of materials that are consistent with the existing residential neighborhood; and
The number of residential units to be developed may not exceed available capacity of the Town’s municipal sewer system.
Selectman White asked if there was a time-table or deadline for ZBA review and action on the Comprehensive Permit. Ms. Harding responded that there were no deadlines at the ZBA level and that the process could take anywhere from three months to a year to complete. Selectman White stated that the Town had failed the developer and the neighborhood: the Selectmen should have addressed the significant problems with the Project expressed by the neighbors and staff much earlier, prior to the Developer making a substantial investment in the planning process. Selectmen White suggested a six month extension and further suggested adding a condition to the draft motion to prohibit any appeal of the final Comprehensive Permit conditions set by the ZBA. In other words, if the decision rendered by the ZBA
was appealed to the DHCD Housing Appeals Committee, the Selectman would withdraw their endorsement of the LIP. Attorney Madaus counseled that such a prohibition may be unenforceable as it is contrary to the lawful rights of appeal.
Selectman Ferguson agreed that there was a breakdown in communications and did not see evidence of a true “partnership” between the Town and Developer in the LIP process to date. Selectman Ferguson was not in favor of a two-year extension and suggested improved communications through periodic updates to the Board from the Developer concerning the status of the Comprehensive Permit process and the incorporation of public input into design of the project. The original conditions imposed by the Selectmen at the issuance of the site eligibility letter should remain in full force.
After further discussion Selectman Sullivan moved and Mr. O’Brien, seconded for discussion purposes, that the Board grant a two-year extension with one condition that the number of residential units to be developed may not exceed available capacity of the Town’s municipal sewer system. There was extensive discussion of the time of the extension and the conditions to be imposed. Selectman Sullivan withdrew his motion and Selectman O’Brien withdrew his second.
Then, Selectman White made a motion for an approximate six month extension, with an added condition that if there is an appeal of the Comprehensive Permit issued by the ZBA to the Housing Appeals Committee, the Selectmen’s endorsement of project would be revoked. Selectman Ferguson suggested that two more conditions be added to the motion. One would be to state that all the original conditions imposed by the Board of Selectmen in granting the site eligibility letter (9/2004) remain in full force and effect, and the other would require the Developer to meet with the Board for quarterly updates.
Mr. White accepted Ms. Ferguson’s additions to the motion. Then, on a motion by Mr. White, seconded by Ms. Ferguson the following motion was unanimously voted (5-0-0) relative to extension of the Board’s Letter of Support for a Local Initiative Program for Winterberry Hollow:
I move that the Board of Selectmen vote to issue an extension of the Board’s Letter of Support for a Local Initiative Program known as “Winterberry Hollow” (the “Project”) from the current expiration date, such that the extended date of expiration of the Board’s Letter of Support will be January 1, 2008. The conditions of this extension are as follows:
The Project must provide increased buffering than what is shown on the Applicant’s plan dated April 11, 2007 to screen the proposed development from the existing residential neighborhood;
The proposed buildings must be of a scale, design and consist of materials that are consistent with the existing residential neighborhood;
The number of residential units to be developed may not exceed available capacity of the Town’s municipal sewer system;
An appeal of the Comprehensive Permit issued by the Town’s Zoning Board of Appeals to the Housing Appeals Committee pursuant to general laws Chapter 40B, section 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;
The original conditions of the Board of Selectmen’s approval of Winterberry Hollow, as listed in an agreement between the Town and B.A. Sundin & Son, Inc., remain in full force and effect; and
The Applicant shall meet with the Board of Selectmen on a quarterly basis to provide an update on the status of the Project.
A copy of the conditional extension of the Board’s Letter of Support for the Project shall be forwarded to the Town’s Zoning Board of Appeals and the Zoning Board of Appeals shall incorporate and address these conditions in its review and decision concerning the Applicant’s application for Comprehensive Permit (in accordance with Chapter 40B of the general laws).
There being no further business, on a motion by Mr. Sullivan, seconded by Ms. Ferguson it was unanimously voted to adjourn the meeting at approximately 7:45 p.m.
Prepared by:
Jacquelyn M. Kelly, Assistant Town Manager
Approved: June 4, 2007
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