By Carol Britton Meyer

The housing consultant and engineer for the proposed comprehensive permit development at 25 Ipswich St. in the Rockaway Annex neighborhood met with the planning board last week to provide an opportunity “to do a technical review to provide some input to the zoning board of appeals,” Chair Jeanne Paquin said.

The proposal calls for 12 three-story modular townhomes in six buildings set on the .63-acre lot, three of which will be designated as affordable. There will be garages on the first level (with additional outside parking spaces) and balconies on the top level.

“There’s a lot going on in a small area,” one board member commented during Wednesday’s meeting.

A site visit was scheduled for Saturday, November 2, with the developer, planning board, zoning board of appeals, design review board, and other town officials to experience first-hand what is being proposed.

A balloon will be used to mark the height of the buildings and the highest utility poles – although as Dean Harrison, housing consultant for the developer, noted, “The balloon won’t work if it’s windy out.”

If that is the case, an existing 40-foot utility pole will be helpful in gauging the height of the proposed structures. Also, the corners of where the six buildings are proposed to be located will be marked with cones.

While the ZBA is the sole permit-granting authority for comprehensive permits under Massachusetts General Laws Chapter 40B, the applicant agreed to the board’s request to attend meetings and work cooperatively with town departments and the planning and design review boards to enable the ZBA to get input about site-plan and design-review issues that are typically not within the purview of the zoning board.

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

‘Different approach’

“I know this is a little different [approach],” referring to the planning board meeting, Harrison said. “Normally, a comprehensive permit only has to go before the ZBA, and basically all the powers of the town are [delegated] to that board. This is supposed to be basically one-stop shopping.”

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 in the area of the Manet Community Health Center.

According to the Chapter 40B application, filed through MassHousing, the site, or a portion of it, is located in flood zone and includes a significant amount of ledge and steep slopes.

While not a public hearing, the one-hour meeting provided a way for the planning board to learn more about the proposal and to express concerns, ask questions, and make comments. Only a handful of residents attended.

Following a discussion about the proposed sewer system and the complications involved, planning board member Cindy Borges wondered if the cost would be so high “that it’s not worth doing the project. At what point would it be too much money?”

‘It’s up to the developer’

Harrison said that under Chapter 40B, “it’s up to the developer. That’s not the business of the ZBA,” Harrison said. “The financial feasibility of this project comes down to MassHousing, the subsidizing agency.”

Planning board member Nancy Boyce asked how noise from the necessary blasting or chipping of the ledge would be mitigated, and how to avoid debris affecting the surrounding neighborhood.

“We’re doing our due diligence now to identify which method will be used,” Harrison said. Surveys of nearby properties will be conducted in the event any are damaged during the process, and thick rubber mats are placed over the blasting area to keep the noise down. “We can’t guarantee anything, but [the work] is state-regulated, and we need to follow those regulations.”

In response to a question about the potential to phase construction, Harrison said the project isn’t “specifically phased,” but that “if interest rates go way back up, there may be a pause in the construction related to financing. We have to be sensitive to that.”

Hull at 1.6% affordable housing rate

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 – roughly 1.6% -- were the ZBA to not approve the project, the developer could appeal that decision, with a likely outcome in his favor.

Harrison noted that under Chapter 40B regulations, the lower percentage of affordable housing a town has, “the more burden is on the town to prove that there’s something that outweighs the need for affordable housing. There’s a little more leeway when a community has reached the 10% [threshold],” he said.

The ZBA earlier voted to hire Merrill Engineers and Land Surveyors of Hanover to complete a developer-funded peer review, which Harrison said is a key piece of the process.

The ZBA also hired Hancock Associates to assist in its review of the proposal through a grant from the Massachusetts Housing Partnership technical assistance program.

‘Preliminary’ plan

Harrison explained that the first plan under a Chapter 40B application is expected to be “preliminary,” and that if the ZBA ultimately approves the project, the developer is required to go back to the town to show that all the related conditions have been met. Then the application goes back to MassHousing for final approval once all the requirements are met.

Topics of discussion at the meeting included the planned gravity sewer system and retaining walls, the amount of ledge that will have to be removed to make way for the development, waivers that will be requested, and the importance of the developer coming up with a lighting plan that won’t negatively impact neighbors.

Project engineer Tim Power explained some of the details of the proposed sewer system, noting that “the devil is in the details. This is at the preliminary design stage now, so there are a lot of gaps.”

Other issues relate to fire department concerns about adequate access to the site (due primarily to the grade and condition of the road, and whether there is enough space for emergency vehicles to make a left turn into the site) as well as whether children living in the development could safely access the closest bus stop, among other issues.

“How can you be sure that the development wouldn’t cause massive runoff issues to the houses below?” planning board member Meghan Reilly asked.

Stormwater regulations apply

Harrison said the developer is required to meet all state stormwater regulations.

“It’s a challenge, and we will have to prove that it can be done — and done properly,” he said.

Harrison noted that under Chapter 40B regulations, the developer is not responsible for negative impacts from to existing conditions, especially if a community has not reached the 10% affordable housing threshold.

“I’m not being flippant, but these matters have to be taken care of by the town, not the developer,” he said.

When asked by Paquin how long, once issued, a comprehensive permit is good for, Harrison said, “Three years, but a developer could ask for an extension, and basically a town can’t stop that. However, the way for the developer to maximize the success of this project is to get it built and sold quickly.”

Lottery for affordable units

There will be a lottery for the deed-restricted affordable units, which will sell for about $300,000 — “which would help some families, and some of the units can be ‘local preference,’” Harrison said. Eligibility is based on earning 80% or less of the area median income.

The outsides of the affordable and market-rate units must look the same, but the insides can be different, with upgrades available at extra cost to the homebuyer.

Further information about different aspects of the proposal will be available at upcoming ZBA meetings, including the results of a traffic study that is in the works by the developer.

In the meantime, Harrison encouraged the planning board to share any questions, comments, concerns, and suggestions.

“We appreciate your time and hope you have heard some of our feedback,” Paquin said to the developer’s representatives. “We will be following the process as it goes on.”

A replay of the meeting can be found on Hull Community Television’s broadcast channels and on demand at www.hulltv.net.

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