ZBA Closes Bay Watch 40B Hearing

The end is finally in sight for Bay Watch Realty Trust and its proposed 40B affordable housing project. After three months of hearings on its latest modification of the proposed complex – which includes 60 affordable rental apartments and 36 single family homes off Route 150 – the Marion Zoning Board of Appeals closed the public hearing on April 5.

The ZBA is expected to convene a special meeting on May 10 at the Town House to render a final decision.

The hearing closure stemmed from resolution on issues that had held a series of hearings, which began on January 26. Town Counsel Jon Whitten reported that the developer agreed to greater leniency in the number of affordable single-family homes in the project.

Originally, Bay Watch proposed zero affordable single-family homes – but came back with a proposal to set aside two of the 36 proposed residences as affordable. The Board of Selectmen had wanted 25 percent of the single-family homes deemed affordable. After the developer said that it would lose $500,000 from such a prospect, ZBA Chairman asked for a pro forma to prove this loss.

At the pro forma meeting, the developer agreed to offer two of the homes as affordable at 80 percent of the town’s median income. This could count towards the town’s affordable housing stock. The developer also agreed to set aside two additional homes at 100 percent of the town’s median income, which the state would consider as affordable housing, but it would make the three-bedroom homes more affordable at about $260,000, Whitten said.

In addition to these four units, the developer would be willing to sell two of the lots to the town for $125,000 apiece. The town could build affordable homes on these lots– although Marion residents would have to approve the transfer at a town meeting.

Bay Watch legal representative Ken Steen discussed the financial challenges of the project, which the developer had scaled back from 168 to 96 units last fall.  He said the inability to connect to the sewer north of the property and the necessity of building a pump station added to the cost to build the 40B. In addition, the 75-foot proposed wooden bridge to span the wetlands is especially pricey, he said.

“Those projects set back the project by half a million. That is the main thrust of why we presented two units (as affordable),” Steen said.

Whether school buses could access the private roadway into the project remains unresolved. Wedge noted that the school committee makes that call, and if they deny that request the children would catch the bus along Route 150. Bay Watch representatives said the plans include a three-sided glass enclosure, in a colonial style, for kids riding the bus.

Wedge suggested some fencing to “keep kids and balls out of the street.”

When the discussion came up on a suggestion to move the main entrance into the project to Atlantis Drive, Selectman Jon Henry strongly opposed the idea.

“That is a tremendous change. I absolutely do not recommend doing that. It could tie up the project for another five years,” he said.

Steen said that entering from the south would require approval from both houses in the state legislature because the land has a conservation restriction. Everyone agreed that moving the entrance is a bad idea.

“I think it’s too little too late,” Wedge said.

Although the ZBA closed the public hearing, the board kept the record open for 21 days for any last minute minor changes.

The board’s next meeting is scheduled for April 19 at 7:30 pm.

By Laura Fedak Pedulli

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