The Marion Zoning Board of Appeal’s final decision on developer Bay Watch Realty’s affordable housing project has been delayed until May 31 – with the deadline to file it moved back to June 8.
The ZBA was expected to vote on the 40B project – situated west of Route 105 with a proposed 60 rentals and 36 single-family homes – at its special meeting on Thursday, May 10. However, the ZBA postponed the decision for another month to allow for one final review with Town Counsel Jon Whitten, the town’s engineering consultant and the developer.
“We’ll get together and make sure all the ducks are in a row,” said ZBA Chairman Robert Wedge.
A few major changes were brought to the attention of the board, however. As it stands presently, the developer has designated 100 percent of the 60 rentals as affordable – with all but six of the single-family homes to be sold at market value. Two of the six homes would be affordable, two would be sold at 120 percent of the town’s median income, and two of the lots would be available for purchase by the town for $125,000 apiece.
However, according to Bay Watch attorney Ted Regnante, MassHousing has not yet authorized the proposed breakdown of affordable units for the single-family homes. Typically state guidelines require that 25 percent of units are affordable for a 40B project, and MassHousing has yet to determine if Bay Watch’s bifurcated project is acceptable.
Moreover, Bay Watch Realty was not given tax credits this spring – and if it does not receive them in the fall – the developer could not go forward with the project as planned and would instead would have to put 75 percent of all units (both rental and single-family homes) at market rate and 25 percent as affordable. The ZBA approved a language change that would allow 25 percent affordability for both parts of the project in the case the first scenario does not pan out with MassHousing.
Atty. Regnante also explained that the developer would enter into a covenant with the town to ensure that money is available to finish the project’s roads, even in the worst-case scenario.
“If god forbid the developer goes south, you’ll have the money to finish the roads,” Atty. Whitten said. “Typically a covenant is not released until the majority of work is done.”
Atty. Whitten also relayed other minor changes and requirements for inclusion in the draft decision – including a requirement that the 75-foot long wooden bridge into the development complies with Mass DOT standards with the certification of an engineer.
Additionally, it was agreed that the developer would request a waiver for the sewer connection fee for the two rental buildings, which equates to $20,000.
The board agreed to meet again for a final decision on May 31.
In other business that night, the ZBA voted on two Special Permit cases, which had been taken under advisement on April 19.
The ZBA quickly approved a Special Permit request for applicant Julia Kalkanis to construct an addition at a non-conforming single-family home at 17 Maple Avenue.
However, the board reviewed and ultimately denied a Special Permit request from applicant Robert McNamara to raze and reconstruct a home at 19 Shawondasse Road.
Board member Tom Cooper described the case as “smoke and mirrors” and said the applicant is proposing to rebuild a 16-by-20 “shack” into a three-story, 34.6-foot high structure that far surpasses its footprint.
“It’s hard to make out where the existing shed is [on the map], that’s how absurd it is,” Cooper said.
“It’s exacerbating nonconformities to a tremendous extent,” agreed Betsy Dunn.
Building Commissioner Scott Shippey commented that the applicant’s assertion that there is a deck adjoining the home, which would render the footprint as larger, is wrong. “There is no deck, just a concrete patio – and the patio is not part of the structure,” he said, but he added that the property does have a sewer and water connection.
In its final decision, the board voted against the Special Permit because it substantially increases nonconformities and is detrimental to the neighborhood.
By Laura Fedak Pedulli
Here we go again, more BS by the town. It’s been 10+ years of fighting the 40B, and guess what, it’s still going to be put into town. Just like the Dunkin Donuts, the town fought it, and Dunkin Donuts won. This battle against the 40B is going to be lost by the town, and lets not forget it’s required by Massachusetts Law. The ZBA is a bunch of power hungry fools, that make the lives of people in this town miserable, and HATE change. Par for the course for this town though.