Developer Geoffrey Engler and Town Counsel George Pucci sparred during the first day of hearings over the Strategic Land Ventures’ proposed 136-unit condominium plan for Shingle Hill off School Street.
The state’s Housing Appeals Committee, chaired by Shelagh Ellman-Pearl, conducted the first of at least four days of hearings into the proposed plan at the Amaral Bailey American Legion Post 113 on Monday. The additional days of the hearing—which could end as soon as Thursday, March 7, but may last up to two weeks—were to be conducted online by video link.
Engler had sought a comprehensive permit from the town’s Zoning Board of Appeals through the state’s 40B regulations in January 2022. The ZBA rejected the plan in August 2022, sending the project to the state’s Housing Appeals Committee.
Now 18 months later, the state committee is conducting hearings to determine if it should overturn the ZBA’s decision.
The hearing consists of cross examination of witnesses who have pre-filed testimony. There is no direct examination of witnesses since 40B appeals are designed by the state to be expedited.
“SLV has opted not to cross-examine the town’s expert witnesses,” wrote Town Administrator Greg Federspiel in an email. Thus, the hearing will focus on town counsel cross-examining SLV’s witnesses.”
One area Engler and Pucci sparred over was the town’s Master Plan. Pucci maintained that the Master Plan provided ample area in town for new housing. But Engler disagreed, leading to one of several heated exchanges.
“In my opinion, in my professional opinion, this town has done a very, very poor job in general of identifying any opportunities for housing,” said Engler, “which is why Manchester-by-the-Sea has not developed any multi-family housing and why since this whole process has started, Manchester-by-the-Sea has not developed any multi-family affordable housing of any significance.”
Earlier, Pucci had questioned Engler about the developer’s attempts to work with the Select Board to create a “friendly 40B” project. This would mean it would have the Select Board's approval from the start and would have secured concessions from the applicant, such as a new fire department ladder truck, public van service to mitigate local traffic, and funding for the Manchester Affordable Housing Trust.
Pucci asked who Engler had worked with on the Select Board, but Engler could not remember any of their names, although he remembered then-Town Counsel Jonathan Witten discussing issues at Select Board meetings.
“We were working on a development agreement,” said Engler, “and it was clear that was not going to happen. It was clear to my team that we were not moving forward.”
Pucci pressed Engler on whether the Select Board voted on the early version of the project.
“I honestly cannot remember if they formally took a vote,” said Engler. “I remember the whole process fell apart when the town was pushing a certain issue, a certain position that we could not agree with. I made it very clear ... that we were going to respectfully discontinue this discussion because I couldn’t live with what Mr. Witten and the town were asking.”
Attorney Dennis Murphy, who was representing the Manchester Essex Conservation Trust, who is limited to asking questions about the environmental issues with the project, tried to ask Engler about the developer’s ban on applying for new 40B cases after admitting he haD lied on an application for a Wellesley project in 2021.
Engler’s team objected and Ellman-Pearl didn’t allow the questions.
When Murphy asked if the SLV project met all the necessary standards, Engler brought up the proposed Cell Signaling project, though not by name, as a project in the Limited Commercial District that received height variances from the Zoning Board of Appeals this year and is scheduled to apply for a permit from the Planning Board starting next week.
Engler said the project has started with similar difficulties as the SLV project, but has not received the same blowback from the community.
Before Engler’s testimony, David Formato, a civil engineer for Onsite Engineering, was cross-examined about his testimony concerning water and sewer pipes for the project, directional drilling, which would be required to install the pipes under Route 128, as well as the impact of digging pits on either side of the highway.
After Engler’s testimony, Manchester attorney Rus Brown was cross-examined. Brown was the trustee of the trust that co-owned the 23.8 acres, where the SLV project was proposed.
Pucci asked him several questions about the marketing brochure created to market the sale of the land in October 2018. The brochure suggested several options for the land, including housing as suggested in the Master Plan and as a potential 40B project.
Pucci noted that the town’s Master Plan was not completed until 2019, but Brown said that that plan was in the works well before that, and he had attended a number of meetings with town officials and stakeholders, where opening up sections of the LCD to housing was discussed.
Later in the hearing schedule, the HAC will hear from Scott Goddard (wetlands scientist), Daniel Riggs (architecture), Jeffrey Dirk (traffic engineer), Jason Cleary (former MBTS Fire Chief), Ken Milender (engineer), and Carlton Quinn (construction engineer).
Once the hearing is concluded, both sides will turn in final filings and await the Housing Appeals Committee’s ruling. Federspiel said that could take up to a year, and even after the ruling is issued, either side may appeal that decision.
