By Carol Britton Meyer

It was standing room only Tuesday night during the first Zoning Board of Appeals hearing on a proposal to build a four-story, 12-unit condominium development on a .63-acre lot at 25 Ipswich Street behind the former Veterans of Foreign Wars post in the Rockaway Annex neighborhood. Neighbors shared a number of concerns during the three-hour meeting.

ZBA Chair Patrick Finn explained that this is the first comprehensive permit under Massachusetts General Laws Chapter 40B to come before the ZBA – which is the permit-granting authority for 40Bs – since two earlier 40B proposals “didn’t get off the ground.” The town has the benefit of technical support through a grant-funded consultant for the project, which will contain three units designated as affordable under the law.

Abutters shared various concerns, including the impacts of potential 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 planned new 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.

Other residents voiced concerns related to setback and other requirements, additional traffic, maximum lot coverage, height of the six two-unit buildings, the possibility worsening flooding in the area, and the overall density of the proposed development.

Long hearing process

“The 40B hearing process can take quite some time,” Town Manager Jennifer Constable said, while encouraging interested residents to monitor the town’s website for a special project page.

The property, located near the Hingham-Hull town line, last sold on August 30, 2022 for $310,000.

The developer, Hull resident Alan Mckenzie, is seeking approval through the comprehensive permit process under MGL Chapter 40B, which allows developers to circumvent a number of local zoning regulations in exchange for an affordable housing component.

Despite objections raised by abutters, because Hull falls far short of meeting the state’s 10% affordable housing threshold from among all housing units in town – less than 2% – were the ZBA to not approve the project, the developer could appeal that decision in the housing appeals court with a likely outcome in his favor.

North Truro Street resident Joan Wilder asked if it would be likely that the developer would appeal.

Dean Harrison, consultant to the developer, said the plan is to “work with the board and abutters,” while reiterating the right to appeal if the ZBA vote is unfavorable. “The lower the affordable housing count, the harder it is for a community to say it doesn’t need [additional] affordable housing,” he said. “We don’t want to go there. Our goal is to provide more affordable housing.”

Harrison plans to provide a detailed list of 40B requirements and anticipated waivers the developer will be seeking for building with regard to height and lot coverage, and to meet with abutters to address their concerns.

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.

Views of the beach and beyond

The first floor of each of the six “Residences at Rockway” buildings (with two units each) will be garages, with living units above and decks on the fourth floor with views of Nantasket Beach, downtown Boston, and the Weir River. The property is located in the Single Family C zoning district.

“We want this development to fit into the surrounding community, with similar colors, styles, and features,” Harrison said.

Three of the units will be affordable for families at or below 80% of the area median income and available to qualified buyers by lottery. The remainder will be market rate. The affordable units remain so in perpetuity.

According to Mckenzie, the initial thought was to build 40 units. However, the number was later reduced to 12.

According to the application – filed through MassHousing – the site, or a portion of it, is located within a designated flood hazard area and includes a significant amount of ledge and steep slopes.

Each unit will feature three bedrooms and two full and two half baths, with parking garages at ground level and parking spaces in each unit’s driveway.

The intent is for the new buildings to complement the surrounding architecture. The design includes hip roofs and Nantucket-style siding in a “simple palette of greys and blues.”

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.”

Neighbor Bob Burwick said it would be helpful for the plan to show how close the proposed development would be to Barnstable Street residences.

One abutter noted that “this will [appear to be] the second-tallest structure in all of Hull” due to its location on the top of a hill. “Fort Revere is the tallest. We’ll be able to see [this development] from George Washington Boulevard.”

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

“We care about the people who will eventually buy these units,” Harrison said. “It will be an expensive community, and we want to be sure that the units are sellable” – to which ZBA member Richard Hennessey responded, “We care about everybody [involved].”

‘Good-faith effort’

“The applicant should continue to engage with [Hull town officials] in a good-faith effort regarding design review and other site-related matters, including water access, road and sidewalk connections, and sewer access,” according to MassHousing, in addition to providing detailed information related to the existing slope and the site work required to stabilize it.

Hennessey called this first hearing “a good start,” noting that informal input from other town boards will be helpful to the process. “I think this can work, but it will take some time and finesse,” he said.

Hennessey also suggested that those with an interest in the proposal educate themselves about what is involved so the meetings will go smoothly. “This is like a new frontier for us,” he said.

The hearing was continued to Tuesday, Oct. 1.

In response to an email after the hearing, Finn told The Hull Times that the ZBA intends to adhere “to our standard operating procedures with standard scheduling of meetings” on the first and third Tuesdays of every month at 7 p.m. at town hall.

Finn also noted that the ZBA received assurances during Tuesday’s meeting that the applicant “will attend meetings and work cooperatively with all town of Hull departments and the planning and design review boards to enable the ZBA to get input on the important site plan and design review issues that are typically not within the purview of the ZBA to the extent necessary in multi-family developments. The conservation commission is not involved and has no jurisdiction.”

For more information on this project and Chapter 40B, click here. A video of the meeting is available on demand through Hull Community Television at hulltv.net.

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