Holden Board of Selectmen
Winterberry Hollow Special Meeting
March 31, 2008
6:00PM Memorial Hall
Present: Chairman James Jumonville, Kimberly N. Ferguson, Kenneth O’Brien,
Joseph G. Sullivan
Absent: David White
Others Present: Brian J. Bullock, Town Manager, Robert Martin, Town Counsel, Dennis Lipka, Director, Growth Management, Elizabeth Helder, Recording Secretary
Chairman Jumonville opened the meeting at 6:00PM.
Winterberry Hollow
Mr. Mark Donahue, attorney for the Winterberry Hollow building project, addressed the Board to provide a status report. He said that revised plans were submitted to the Department of Growth Management on March 25, 2008. He provided the Board with a handout of Discussion Points regarding five of the most frequently asked questions of the project (see attached). Mr. Donahue addressed the question of why the Winterberry Hollow project cannot be reduced further. He informed the Board that the developer has reduced the number of units from 246 to 204. However, the Zoning Board of Appeals (ZBA) would like the number of units reduced to 192-194. Mr. Donahue stated that the number of units cannot be reduced any further without seriously impacting the design of the plan. Additionally, the size of the
development is necessary to support the extensive costs of acquiring and constructing separate entrances on Salisbury and Newell Road. Further reductions would result in a change in an access road on Cranbrook Drive. Other discussion points raised by Mr. Donahue included whether Winterberry Hollow would use the remainder of Holden’s sewer capacity if the Winterberry Hollow project was going to ruin the neighborhood. Various concerns were reviewed by the ZBA; and if the Winterberry Hollow project was good for the Town of Holden.
Sel. Sullivan referenced a March 28, 2008 memorandum from Town Planner Pam Harding regarding omissions from the March 25, 2008 filed revised plans. The ZBA requested that the number of units be reduced due to the size of the development. Additionally, the Department of Public Works has determined that there is only enough sewer capacity for 192-200 units.
Dennis Lipka, Director Growth Management, commented that the review process is lengthy and conceptual design plans change constantly. He said that the ZBA is working towards making a decision but the requested changes need to be incorporated into a final set of plans in order to write very clear direct decisions when making their ruling. These conceptual plans will have many conditions placed on them if submitted in their current form. Conditions can be misinterpreted and the ZBA wants their final approval to be clear. Mr. Lipka acknowledged that the developer must pay for new plans when changes need to be made to a set of plans.
Sel. Sullivan asked Mr. Lipka if Ms. Harding’s memo was accurate. If so, does the developer understand these ZBA concerns and requests? Mr. Lipka responded that the ZBA asked for revised plans as a condition of approval and did not get them from the developer; they got some of their conditions but not all and not in detail.
Mr. Donahue said that the developer needs to determine the amount of units that will be built. He said that the developer had agreed to a reduction in the size of the development, but did not agree to cut off buildings 7 and 8 from the plan.
The Board engaged in a discussion with the Manager and Mr. Lipka regarding how sewer capacity is allocated. Sel. O’Brien commented that he would like an explanation from DPW Director Larry Galkowski on how the gallons per day were allocated to Winterberry Hollow.
Sel. Ferguson acknowledged the developer’s efforts at providing buffered areas. Discussion was held regarding the height limitation variance. Sel. Ferguson asked Mr. Donahue if the developer had any intention of flipping the project once it’s built. She said she was concerned because the Town is a LIP partner in the project. Town Counsel Martin commented that the question was not germane to the discussion; legally the developer can do what he wants to do. Mr. Martin said that the ZBA is making the plans clear – once it’s approved, the new owner will have to follow the ZBA guidelines. Mr. Donahue responded that his client does not intend to flip the project. He said Mr. Sundin intends to build it, own it, and pass it on to future generations of his family.
Sel. Sullivan asked what impact the current housing market was having on the project. Mr. Donahue said that the downturn in residential sales would mean an increase in rental properties. Construction is anticipated to begin by the end of 2008. The project must obtain permits from the Holden Conservation Commission and from similar State agencies.
Sel. Jumonville expressed concerns about a possible entrance on Cranbrook Drive. Mr. Donahue said that further reductions in the number of units would change the infrastructure of the plan. Public Safety dictates two means of access to the development, which are currently Newell Road and Salisbury Street. Changes in the plan would potentially eliminate the Newell Road access and create the need to access the development on Cranbrook Drive.
Sel. O’Brien inquired if it was true that Mr. Sundin was encouraged to build the project by Bob Ricker, Chair of the Affordable Housing Commission and Mr. Lipka. Mr. Lipka said that the statement was true. The town was looking for a friendly 40B project and Mr. Sundin was considered to be a developer in good standing with the town. There was no specific direction from the Town Manager or the Board to pursue this type of project.
Sel. Sullivan suggested that the developer create a new Performa to realistically reflect the correct financial analysis of the new plan since the number of units have been reduced from the scope of the project. Mr. Donahue commented that he could flip and commented that if the developer didn’t think that it would work, he wouldn’t be here. He said he was fully confident that the development would work and that the financial community will support the project. Additionally, the project has been planned as a phased development. Sel. Sullivan inquired if any consideration would be given to increasing the buffering of the clubhouse/community/pool area. Consideration will be given during the redesign. The clubhouse/community/pool area will never be open to the public or rented for functions.
Sel. Ferguson asked if the clubhouse/pool area could be moved to where buildings 7 and 8 are on the current plan. Mr. Donahue said that there are sewer break concerns and the complex could not be built in the space for buildings 7 and 8.
Sel. O’Brien commented that residents and abutters would like to see an ownership component of some of the units. Mr. Donahue responded that they did evaluate a home ownership component and it was determined by the DHCD that they needed to be one or the other. It is hard to regulate a mixed project. Sel. O’Brien said that the ZBA expressed as a condition of approval that an outside management service manage the complex once it’s completed for certification purposes. Mr. Donahue said that the developer was considering this option with developer management occurring after 3-5 years. Sel. O’Brien said that the fire department reviewed the plan in April 07. Isn’t approval from the fire department necessary? Mr. Donahue said that he has requested that the fire department send
a sign off letter to the ZBA. It was determined that a copy of the screening plan was submitted to Ms. Harding on March 25th.
Sel. Ferguson commented that she understands and respects the Sundin family/business. However, from day one, she heard the unit number wasn’t 246 and that the number was always negotiable. She added that she hoped there could be a balance between what the developer wants and what is best for the town. She commented that she believes there is a lower unit number that would make everyone happy. Even at 196 units, this is the largest project the town has seen. She said she would like to see a lower number. Mr. Donahue responded that the comment seems that there has always been a second agenda and Mr. Sundin feels that the project works at 246 units. He said his client has reduced the project by 20% to acknowledge the concerns of the town and the developer is looking to move forward.
It was determined that the LIP expires August 1, 2008. Both the developer and Mr. Lipka agreed that the ZBA portion of the LIP would end prior to that date.
Town Manager Miscellaneous
The Manager reminded the Board that there would be no budget hearing on Wednesday, April 2, 2008.
b. The Manager informed the Board that the HMLD would make a Power Cost Adjustment Factor change April 1, 2008.
Adjournment
Motion by Sel. Sullivan, seconded by Sel. O’Brien, it was UNANIMOUSLY VOTED TO ADJOURN THE MARCH 31, 2008 MEETING AT 7:30PM.
Approved: April 22, 2008
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