Duxbury Selectboard Raises Major Concerns Over Proposed 40B Application
DUXBURY - August 25 - The Duxbury Selectboard identified significant issues with a proposed 28-unit affordable housing development at 934 Temple Street, including questions about the developer's legitimacy and inflated land valuations that could artificially increase project density under state housing law.
The Full Story
During their August 25 meeting, the Selectboard continued their review of the Villas at Keene Brook 40B housing proposal, examining detailed comments from member Amy MacNab that raised serious questions about the application's validity. The most concerning issue involves the developer's claimed status as a "limited dividend organization" supposedly incorporated in Alabama, which town staff could not verify through Alabama's Secretary of State office.
"The application states that the Villas at Keene Brook is a limited dividend organization formed and presumably incorporated in Alabama. Following a review of the Alabama Secretary of State's office, we could find no evidence that such an organization exists," MacNab noted in written comments, as she was unable to attend the meeting.
Equally problematic is the dramatic land valuation discrepancy in the application. The developer purchased the property for $995,000 in May 2025 but claims a current market value of $3,892,000 just four months later - nearly a four-fold increase. This valuation is critical because it directly affects the density calculations under Chapter 40B regulations.
Selectman Mike McGee expressed concern about the incorporation issue, stating it would be surprising "if the state was approving these for organizations that weren't incorporated in Massachusetts. And if not incorporated anywhere, it seems a really big red flag."
The board also highlighted environmental concerns, particularly regarding endangered species habitat. The site appears to be priority habitat for eastern box turtles, which recently required significant land set-asides for a nearby development on Keene Street. Board member Cynthia Ladd Fiorini noted the area "has box turtles, and the area, the development that just came in on Keene Street actually had to put it aside and quite a large parcel for the box turtles."
Additional concerns include the unsigned certification statement on page 18 of the application, which should be signed "under the pains and penalties of perjury," and what MacNab described as "false, misleading, or absurd" responses to sustainable development criteria. The board also questioned whether developer Rami Itani, listed as providing architectural, engineering, and construction management services, has qualifications for these roles.
The board identified traffic safety concerns, with Fiorini recalling that a previous development proposal for this property was rejected due to sightline issues near the Route 3A bridge. Chairman Brian Glennon directed staff to incorporate this historical context into the town's response.
Water resource impacts were another major concern, particularly given the town's current PFAS contamination issues and water usage restrictions. The proposed development would install 28 individual septic systems in what officials described as a sensitive groundwater area.
The Selectboard will revisit the issue at their September 8 meeting to finalize their response to MassHousing, having already requested one extension. They plan to incorporate input from the Planning Board, Conservation Commission, and Board of Health, all of whom have submitted detailed technical reviews opposing the project.
In other business, the board approved an aquaculture license transfer from Peter Prime to Christopher Burns for three oyster farming grants in Duxbury Bay. Burns, a 32-year Duxbury resident with seven years of experience managing the operation, received unanimous support from the Shellfish Advisory Committee.
Town Manager René Read provided updates on several infrastructure projects, including the successful completion of emergency water main repairs on Route 3A that finished ahead of schedule before school started. He also announced progress toward a shared veterans agent agreement with Kingston and upcoming discussions on the comprehensive plan implementation.
The board appointed several residents to various committees, including new members to the Council on Aging, Cultural Council, and Affordable Housing Trust. They also approved permits for upcoming community events, including the annual Beach Party scheduled for August 30.
Why It Matters
The Selectboard's detailed scrutiny of the 40B application could significantly impact the project's viability. If the developer cannot prove legitimate incorporation or justify the dramatic land valuation increase, it could reduce the allowable density or potentially invalidate the application entirely. This affects both the immediate neighborhood and the town's broader affordable housing obligations under state law.
Meeting Minutes
Key Motions & Votes
Motion: Approve aquaculture license transfer to Christopher Burns for three-year term. Outcome: Approved. Vote: Unanimous. (Timestamp: 26:12)
Motion: Appoint residents to Council on Aging, Cultural Council, and Affordable Housing Trust positions. Outcome: Approved. Vote: Unanimous. (Timestamp: 53:08)
Motion: Approve Beach Party event permit for August 30. Outcome: Approved. Vote: Unanimous. (Timestamp: 57:15)
Motion: Declare bonus shellfish season for September. Outcome: Approved. Vote: Unanimous. (Timestamp: 1:00:34)
What's Next
The Selectboard will continue their review of the 40B housing proposal at their September 8 meeting. They will also hold budget discussions with the Finance and School Committees. The September 15 meeting will feature a major update on the Powder Point Bridge project with MassDOT officials present.
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