By Carol Britton Meyer

The seventh zoning board of appeals hearing on the proposal to build a four-story, 12-unit condominium development under the comprehensive permit process at 25 Ipswich St. in the Rockaway Annex neighborhood ended with a unanimous vote to continue the hearing until April 15.

At that time, the board will deliberate on a draft decision that will be written by Town Counsel Brian Winner and a consultant who has provided guidance and assistance to the ZBA throughout the process. Members also will discuss associated conditions to attach to the decision. Chair Patrick Finn said he expects that the hearing will be closed following the April 15 meeting; the board will then have 40 days to render its decision.

Fire Chief Chris Russo’s request for the developer to fully sprinkler the buildings and a dispute over a utility access easement that could end up in Land Court are the remaining issues to be resolved. Neighbor Derek Paris of 20 Ipswich St. objects to the developer’s plan to install utilities in the easement across his property and says the access rights were not properly documented. Paris said that while he objects to utility installation and any other improvements or alterations, he has no issue with allowing access to his land for emergency vehicles.

The proposed Residences at Rockaway plan includes six modular, townhouse-style buildings with two units each set on a .63-acre, single-family-zoned lot. Three units would be affordable. Parking would be in garages under the units and in the driveways.

Click here for project plans, studies, reports, and other details

The comprehensive permit process, more commonly known as Chapter 40B, allows developers to circumvent most local regulations in exchange for an affordable housing component if the town has less than 10% of its housing units designated affordable. Hull’s current percentage of affordable units is 1.6%, according to the state’s formula.

The site is located in the Rockaway Annex neighborhood behind the former Veterans of Foreign Wars post off Salisbury Street near the Hull Community Garden and the Manet Community Health Center.

Sprinkler system not required under building code

Housing consultant Dean Harrison, representing developer Alan Mckenzie, a Hull resident, continues to object to the sprinkler system request because it is not required under the building code, but is amenable to other requests from the chief related to fire safety measures, including installing additional hydrants.

“With a condition like this, we could appeal to the housing appeals committee,” Harrison said. “A sprinkler system for each unit is not necessary considering the other accommodations we’ve made.”

Nevertheless, the ZBA may include a sprinkler in the conditions if the board decides to approve the project out of respect for the chief’s request.

Harrison also emphasized that Chapter 40B projects must be treated similar to other developments when it comes to setting certain requirements, such as a sprinkler system.

Russo – who attended Tuesday’s ZBA meeting – did not back down but agreed to meet with Harrison between now and the April 15 hearing to discuss alternatives to sprinklers, at Harrison’s request. In the meantime, he plans to do some research.

‘If we don’t set a precedent now, shame on us’

“This may not be the last 40B presented to the town,” Russo said. “If we don’t set a precedent now on the first one, shame on us.”

The developer wants to provide “the high-quality development we’ve agreed upon,” Harrison said. “This issue is causing us a lot of anxiety, and I feel we’re being mistreated. … If this goes to the housing appeals committee, it will cost the developer and the town money, and everyone comes out with a bad taste in their mouth.

“We would look at all the conditions in total to see which we would or would not appeal,” he said. “I hope it doesn’t go that way.”

Russo, on the other hand, disagreed with Harrison’s mistreatment characterization.

“Sprinkler systems save lives,” he said. “I’m not trying to stall the plan, but I don’t want people to die in these buildings [should a serious fire occur].”

Finn told Harrison that the sprinkler system request has nothing to do with the project being proposed under Chapter 40B.

Finding of fact presented

Near the end of the hearing, Finn read a lengthy “finding of fact” detailing the process to date and various documents submitted, along with proposed conditions, a request for local preference for the affordable units, landscaping, conditions related to individual waivers, ornamental versus chain link fencing, concerns about blasting, the noise and vibration plan, fire hydrants, and improved access to Ipswich Street requested by the fire department, along with other considerations. He passed out copies to fellow board members and the development team.

On a unanimous vote, the board approved a motion related to the finding of fact that the ZBA “has enough preliminary information and plans in order to render a potentially favorable decision” to issue a comprehensive permit for the project. This is not a commitment to a favorable decision, but as Finn pointed out, there would be no conditions to draft or consider if the ZBA were to outright deny the permit.

A replay of the meeting will be available on demand on Hull Community Television’s website, www.hulltv.net.

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