When it comes to Bay Watch Realty’s 40B project, the end is yet to come.
On March 22, the Zoning Board of Appeals once again continued a public hearing on the developer’s proposed affordable housing development, a 96-unit project off Route 105 that would include 60 affordable rentals and 36 single-family homes.
The hearing covered much ground, as peer review engineer John Churchill indicated that with applicable conditions – Bay Watch has addressed his engineering concerns to his satisfaction.
Bay Watch attorney Ken Steen said a proposed emergency access drive has been relocated due to grading issues, and that the Marion Fire Chief has approved the design change. Also, since the last hearing, Bay Watch had a “handshake agreement” with abutter Sherman Briggs for an easement to allow emergency vehicles to traverse his property.
Steen also discussed the school bus situation, and said that Sippican Elementary School’s bus contractor – Braga Transportation – agreed to enter the site to retrieve the children. Steen said an indemnity agreement between the two parties would be enacted for this purpose. Bay Watch engineers did add to the plan a bus stop along Route 105 given the agreement with Braga expires or falls through.
“Clearly this is the preferred location. This will make a lot of difference for there will be a good number of children [at the development],” Steen said.
Board member Betsy Dunn asked if the local school committee would need to get involved, but Steen indicated that the agreement would be between the two private parties.
It was noted that this issue would be mute if the town ends up adopting the roadway into the development, as proposed by Selectman Jon Henry. At the hearing, Henry again made his case that town oversight would eliminate potential problems in the future.
“We, the Selectmen, would like some control,” he said. “There have been a number of roads not built to standards, with water systems poorly done.” In the end, the town eats the costs, he said. Henry acknowledged that the public roadway issue would not come up until after it is built, but said, “I don’t want it to be a showstopper.”
The most significant issue holding up a decision involves the question of how many of the project’s single-family homes would be classified as affordable. At a previous hearing, Bay Watch representatives proposed selling two out of the 36 three-bedroom residences as affordable (at 80 percent of the median income, about $200,000)– but the Marion Selectmen are pushing the developer to designate 25 percent, or nine homes, as affordable.
ZBA Chairman Robert Wedge insisted that the developer furnish the board with financial records to justify why more than two designated affordable homes would make the project economically infeasible.
“I don’t feel comfortable without the Pro Forma,” Wedge said, arguing that he cannot make a decision without seeing the numbers. “Would a businessman take your word for it? What do you have to gain from hiding the ball?”
Attorney Ted Regnante, representing Bay Watch, responded that it is not a matter within the jurisdiction of the ZBA and “unnecessary.”
Later during the hearing, Wedge put on the table that he is comfortable with seven units, but Ken Steen, of Bay Watch, said, “If you had the condition that we sell 7 houses at 80 percent [of median income], we can’t do this deal.”
“This project requires a tremendous amount of infrastructure and is extremely expensive,” he added, noting that just building the 1,500-foot road, including the bridge, into the project would cost $2 million.
Complicating matters is that MassHousing has not yet decided whether the proposed bifurcated project – with 100 percent of the rentals deemed affordable and with only six percent of the single-family homes designated affordable – even meets the criteria to be considered part of Marion’s affordable housing stock. Normally the state requires that at least 25 percent of units in a 40B are affordable.
Regnante said MassHousing is meeting with the Department of Housing and Community Development on April 5 to “hopefully provide a definitive answer on this project.” However, both Wedge and Bay Watch officials agreed that MassHousing is unreliable and could drag out the case.
“This could theoretically go on until June or July,” commented Steen.
Under the suggestion of Town Counsel Jon Whitten – Bay Watch and the ZBA decided to reach an agreement on their own terms, and write as a condition that the developer will designate affordable whatever MassHousing requires, but if they require no affordable single-family homes Bay Watch would still keep the two promised homes as affordable as a measure of good faith.
Then, after a recess for Bay Watch representatives to confer on the Pro Forma request, Regnante finally relented and offered to present Bay Watch’s financial documents in a workshop before the next hearing, which is scheduled for April 5 at 8:00 pm.
By Laura Fedak Pedulli