From environmental concerns to the potential traffic impact of the proposed 66-unit condominium complex, members of the Zoning Board of Appeals, the applicant and the public each expressed their own checklist of concerns on Wednesday, but no checkmarks of compromise.

At this latest public hearing, Paul Cusson of Delphic Associates, who is serving as development consultant on the project, began by outlining concerns the town and the public voiced at their last gathering in November.

Cusson said that the group is still working with the ZBA on a “conceptual” design of 55 units to be located at the intersection of Valley, Franklin and High Streets for age-restricted elderly housing.  Under that plan, the developer, Michael Intoccia, is basing septic estimates on the state’s Title Five regulations, which accounts for 150 gallons per day per unit.

Some members of the ZBA and even members of the town’s board of health have concern, however, that not only could younger people also be living in the units, accounting for more septic use, but that storage areas in the units could become bedrooms and lead to more occupants.  Both groups expressed the desire to deed restrict the units at two bedrooms only.

Cusson said the project follows Title Five guidelines and that the applicant should not be responsible for policing inhabitants from turning the storage areas into bedrooms.  After a lengthy back and forth discussion of the definition of “elderly,” what would happen if the septic numbers exceeded limits and other factors, Cusson was visibly agitated.

“I don’t know what will happen 10 years from now [in terms of septic flow],” he said.  “You can deed restrict the units to Title Five and have at least one person of 55 years of age and if the board wants to [condition the approval] for no one under 18 to live in the units, we can arrange to do that.”

Cusson reiterated that what was being discussed now was plans for the unit and stressed not looking years ahead into “what if” scenarios.

Following nearly an hour of discussion on septic issues came the potential impact of 55 units near what many see as a dangerous intersection at Franklin and Valley Streets.  In a November letter to the board, the applicant’s traffic engineers said that as part of the project, the developer would work with the town in the redesign and reconstruction of the streets.

Cusson pointed to a recent letter from Planning Director Christine Stickney indicating that the intersection is one of three in town being looked at by the town and the state for possible redesign due to safety issues.

“The improvement discussed [at the intersection] is needed whether or not we build anything here,” said Cusson, estimating that the total project would cost about $50,000.

He then said that the Duxbury Farms development would increase traffic flow at the intersection by two or three percent, so that is what the applicant should contribute to the redesign and reconstruction.

Board member Sally Wilson said it was her understanding of the letter that the applicant would cover the entire cost of the project, a fact Cusson ardently denied and repeated that his client would “participate” in the work, but not cover the entire cost.

“We’re zero percent of the problem [now],” he said.  “If we add two to three percent of traffic flow, we should be expected to cover two to three percent of the cost.”

Cusson then joked that if the ZBA granted a permit for the entire 66 units that night, he’d take on the full cost of the traffic project.

Negotiations then went back to water, this time on the environmental impacts of groundwater and run-off impact on areas around the site, including a cranberry bog and Chandler Pond.  Another lengthy discussion ensued surrounding environmental concerns in which the board, their engineering consultant and even a member of an area conservation group expressed their concerns.   After the debate lingered for nearly 40 minutes, Cusson huddled with attorney Bob Shelmerdine and engineer Jack O’Leary and agreed to install wells on the site to do testing on water flow and potential nitrogen levels from groundwater discharge.

One of the last debates of the night came from Jon Witten, an attorney representing the West Duxbury Neighborhood Association.  After questioning the purchase and sale agreement for the project during the November public hearing, Witten this time said that under 40B rules, the applicant is not entitled to a set number of units, but instead the number of units that does not render the project “unecomonic.”

Witten’s estimate was for a 12-unit complex of which three or four would be affordable and the others would be at market rate.  He presented the board and the applicant with his estimates based on numbers provided to him by Cusson and his own research, which showed a profit of $702,060 for the applicant.

“This board needs to make a density decision because [it drives those other issues],” said Witten.  “I’d urge this board that the buck really does stop here in terms of overall density.”

Other members of the public also spoke, mostly reiterating prior concerns over the number of units for the project as well as the traffic impact.

At the conclusion of the meeting, Shelmerdine recommended that each group get its “homework” together since it appeared another public hearing was inevitable.  Chairman for the hearing, Tom McClure, said that documents, such as those presented by Cusson and others that night, need to be submitted earlier so that the discussions can focus on that material after being looked at thoroughly and not for the first time.

Both the ZBA and the applicant agreed to work over the next two weeks at getting materials to each other and setting an agenda for their next public hearing, scheduled for January 28 at either the Duxbury Senior Center or at Town Hall. 

Witten, however, said he would not commit to submitting materials to the board in advance, since the purpose of public hearings was to rebut claims by the applicant.

“[Working on a prepared agenda] is a good idea, but with 40B my client has one hand tied behind their back,” he said.  “Under 40B, this is adversarial and we won’t all be singing ëKumbaya’ together.”

ZBA members participating in the hearing were Wilson, McClure, James Lampert, Elizabeth Lewis, Y. Oktay and Mark Moriarty.