By Carol Britton Meyer

The Zoning Board of Appeals this week continued its review of a four-story, 12-unit condominium development proposed for the Rockaway Annex neighborhood, the first project in town to be proposed under the state’s Chapter 40B comprehensive permit law.

Following a September hearing on a proposal to build on the .63-acre lot at 25 Ipswich St., the developer provided responses to questions raised by the board and abutters in a letter to Zoning Board of Appeals Chair Patrick Finn.

An Architect’s rendering of the proposed townhouses at 25 Ipswich Street. Click here for more details.

The project, proposed under Chapter 40B – a program that allows developers to build larger projects in exchange for including affordable housing, includes three affordable units. The site is located behind the former Veterans of Foreign Wars post off Salisbury Street.

The ZBA met again for three hours October 1, during which the developer provided a project update. An aerial photo of the proposed building and the surrounding houses was presented, with residents attending the meeting asked to point out their homes.

Click here for more details on the development and Chapter 40B application

One resident who showed where her house was located – near the proposed development – said there is a need for guardrails to prevent cars from driving over the edge of the hilltop property into the homes that are situated below the elevated site, and asked that a fence be installed to for the safety of children.

Peer review a key piece

The board voted to hire Merrill Engineers and Land Surveyors of Hanover to complete a developer-funded peer review, which Dean Harrison, consultant to developer Alan Mckenzie, said is a key piece in moving the project forward.

The developer plans to provide a detailed list of anticipated waivers that will be sought, and a site visit will be scheduled involving the developer and planning board, ZBA, and Design Review Board members. A balloon will be used to mark the proposed height of the development on-site.

The layout of the proposed development, which is behind the former VFW Post. Click here for more details.

This is the first comprehensive permit under Massachusetts General Laws Chapter 40B to come before the ZBA – which is the permit-granting authority for these projects – since two earlier 40B proposals didn’t get off the ground.

The board hired Hancock Associates to assist in its review of the proposal through a grant from the Massachusetts Housing Partnership Technical Assistance program.

The first floor of each of the six Residences at Rockway buildings (with two units each) will feature garages, with living units above and decks on the fourth floor. The property is located in the Single Family C zoning district.

Concerns aired during hearings

Concerns voiced at the earlier meeting included impacts of blasting to remove ledge, overall disruptions to the neighborhood, stormwater runoff, assurances from Weir River Water System that there is enough water to supply the new development, and the proximity of the units to some of the existing homes in the neighborhood.

The project is located near the Hull Community Garden, off Salisbury Street and in the area of the Hull Medical Center.

According to the application, the site includes a significant amount of ledge and steep slopes, and the project will require the removal of some soil and rock.

“Our goal is to minimize the requested number of waivers and to meet as many setback and other requirements as possible,” Harrison said.

Discussion during the October 1 hearing included how the lottery for the deed-restricted affordable units would work, whether local preference for at least one of the units is possible, and hopes that the town’s Affordable Housing Committee would be able to participate in this process.

The ZBA would not be involved with the lottery, which would be a joint effort between the developer and MassHousing.

The need for at least one of the affordable condos to be handicapped-adaptable was also a topic of conversation.

Finn said he thinks residents would be more amenable to Chapter 40B projects if the affordable units were all guaranteed to go to Hull residents, which is not allowed under state regulations.

Design review board weighs in

Design Review Board member Tom Burns shared with the ZBA details from an earlier meeting between the board and the developer, including a request for more details about the exterior of the building and privacy concerns with the decks facing each other; whether there is enough turning space for emergency vehicles; and suggested landscaping, including trees rather than shrubs on some parts of the property.

The letter of eligibility from MassHousing to Mckenzie dated April 1, 2024 states that Hull officials, after reviewing the site approval application and submitting comments to MassHousing, believe the siting of the building, the roof height, and overall architectural style “should be readdressed to fit into the surrounding context more thoughtfully.”

Ipswich Street is a partially built road that runs up the hill along the former VFW’s driveway. The land to be developed includes an unpaved area that was previously used as the post’s parking lot.

Other concerns voiced by neighbors and ZBA members relate to setback, traffic, maximum lot coverage, the proposed height of the six two-unit buildings, flooding in the area, and the overall density of the proposed development.

In a recent letter to the ZBA, the developer outlined several points:

⦁ As a courtesy, the development team is willing to talk informally with select town officials and boards about the proposal, including the Design Review Board.

⦁ The large puddle at the bottom of Salisbury Street and the flooding at a nearby bus stop are existing conditions, as is flooding on Barnstable Street.

⦁ A traffic impact report will be completed at the developer’s expense.

⦁ The developer is working to determine the exact height of the proposed building.

⦁ An updated vegetation clearing plan addresses concerns expressed about the units’ visibility from neighboring houses.

⦁ The developer is required to follow the state requirements for blasting related to existing wells, and if blasting is not required, will work with the town and abutters about chipping the ledge on the property, noise issues, and the duration of the hammering.

⦁ A sample of the Affirmative Fair Housing marketing plan/lottery package for the affordable units will be provided to give ZBA members an idea of how the process works.

⦁ The development would be built in one phase.

According to Finn, the development would fall below the town’s 30% maximum lot coverage requirement.

Development of the site will require compliance with all state and federal environmental laws, regulations, and standards related to building construction, stormwater management, wastewater collection and treatment, and hazardous waste safety, according to the letter.

“So far everything is going the way I hoped it would go,” Finn said at the end of this week’s ZBA meeting.

A replay of the October 1 meeting is available on Hull Community Television’s broadcast channels and on www.hulltv.net.

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