Chairman: William Filsinger
Members Present: Janet Lombardi, Arlene Murphy, Larry Campo, Brad Wyatt, Rob Cotter
Members Absent: None
Recorder: Tape
Mr. Filsinger called the meeting to order at 7:00 p.m.
Mr. Filsinger made a motion to approve the June 14, 2010 Meeting Minutes as written; motion made and seconded. All in favor; none opposed; motion approved.
Mr. Filsinger congratulated Ms. Murphy on becoming Member and thanked Mr. Campo for attending and commenting on this hearing and was told that it is important that he attends in the event someone is not here.
The hearing was opened for the 40B Comprehensive Permit. Robert Knapik was present. He introduced himself as an attorney with an office in Northbridge and a member of Board of Directors of the Habitat for Humanity Metro/West Greater Worcester, which is a local chapter of an international organization known as Habitat for Humanity. He explained that Habitat for Humanity provides affordable housing for those in need to help them. He gave evidence that notice of this public hearing was published in the newspaper, the notice was sent to parties and interests, and he submitted the green cards for the record. He gave a brief presentation of the project between himself and Harriet Lebow, Executive Director, and Howard Drobner, who has been instrumental in the local process. Mr. Filsinger asked
if there is a list of abutters. Mr. Knapik stated that if it is not there, he will provide one. Mr. Filsinger said that we will need that to verify against the mailings. He also let the audience know there will be numerous procedural issues and asked those in attendance to be sure they signed the sign in sheet.
Mr. Knapik said that this board, as the ZBA under Chapter 40B, Section 20-23, are empowered and authorized to issue a single permit that comprehends all other permits that any local boards in Boylston may have issued to allow construction of this project. They are seeking a comprehensive permit to allow construction of a two unit residential dwelling at 1 Mill Road Circle in Boylston. He also said that as a prerequisite to appear before the board they had to meet several jurisdictional prerequisites. First they had to obtain a preliminary or state level approval which was done in the form of site eligibility or site approval letter dated March 31, 2010 from Department of Housing and Community Development or DACD under their housing initiative program. DACD looked at the preliminary application,
architectural drawings and site plans and deemed the site eligible for funding or permission for the board to issue a comprehensive permit. Secondly, they had to show that they had site control, either by owning the property or having the ability to obtain it pursuant to signing an agreement (the Purchase and Sale Agreement is in the application). Thirdly, they had to show that they are the right kind of entity. Under 40B, the right kind of entity is either the Town Housing Authority (which they are not), a developer who seeks to make some kind of profit (which they are not), or a non-profit (which they are). The three jurisdictional prerequisites were met after which they authorized their engineer to prepare a full size plan which is included in the packet along with the architectural drawings.
He said they are before the board because the property does not comply strictly with the zoning bylaw of the town; in particular, the two provisions which they request a waiver from strict compliance to the bylaw are the size and width for the parcel. Where the town requires 30,000 square feet, the parcel is only 28,079 square feet and the width of the lot where the bylaw requires 150’, is approximately 130’ in width. Because of Habitat’s unique mission and non-profit purpose, they have also requested the board waive any permitting connection or inspection fees that any local boards might charge in order to construct the project. The proposal involves the construction of a two-unit building. He feels that the scale and type of construction of the architectural plans are consistent
with the town and the neighborhood in general; it is colonial in appearance, the property will be served by a driveway with access to Mill Road Circle, be connected to electric utilities, cable utilities, telephone, and served by two individual disposal systems. Mr. Filsinger asked if the house is separate, to which Mr. Knapik replied yes. There is a sewer pipe. He said that this board is authorized and empowered to issue all local permits to allow construction of this project; not a building permit, but all local permits, which eliminates the need to go to every boards. They are still subject to state level permits and approvals, and have obtained them. Because some of the construction work will take place within the buffer zone of certain wetlands, the project has been reviewed and approved by the Boylston Conservation Commission and an Order of Conditions issued. Approval has also been obtained from the Board of Health under Title 5. Mr.
Knapik said that this is the last stop short of getting a building permit. He believes he has presented a complete application, the plans have been fully engineered and reviewed by the Boylston Conservation Commission and the Boylston Board of Health, Habitat is the right kind of applicant to meet the jurisdictional prerequisites and the waivers requested are relatively minor in nature. All setback requirements are met and they meet all the applicable dimensional requirements except for lot area. Howard Drobner, chair of the project for the town, wanted to clarify a few things. He said they went to the Selectmen very early in the process to tell them what they were doing and to get their support which they gave. Selectmen voted to waive town fees.
Mr. Drobner said it has been quite a learning experience with the paperwork required, time required, and the documentation to prepare. As soon as they can get through this process, they can get a building permit and get started before winter. It is all about volunteering. They build twice a week (Wednesday and Saturday), and are open for people to come build. What Habitat would like to do is dig the hole and put the foundation in and framed in and closed for the winter to work inside in the winter.
Mr. Filsinger said that going through the application, is seems as though they have everything that our local rules mandate. One point Howard Drobner raised about the fees in general, Mr. Filsinger agreed with. He said it was related to him that the board would not impose any fees that are normally associated with these types of activities. However, any costs incurred would be expected that there would be an escrow account to be paid from. The only thing at this point the board can see would be legal fees from Town Counsel, only to the extent that we would want Town Counsel to go through the Comprehensive Permit; and the three documents that need to be enacted with the town (monitoring services agreement, deed rider and regulator agreement. Mr. Drobner did talk to the Selectmen and if the
town had to pay money out of pocket, then they would look to the project to pay for it. Mr. Filsinger said he hasn’t talked to Town Counsel, but has talked to the Town Administrator who feels possibly $3,000 be put into escrow to cover legal fees. And, according to our local rules, whatever is not expended will be returned with interest within 30 days. If the applicant is willing to agree and accept to that, then I would ask that you issue a check to the town in the amount of $3000 within the next week or so and give it to the Town Administrator who will give it to the town accountant to establish a 53G escrow account. Mr. Filsinger thanked the applicant for allowing the board to go beyond the 30 day window. Pursuant to the requirements, when we received the application we had seven days to get it put to all the pertinent boards to for their input. He paraphrased the following which will be incorporated into the
Comprehensive Permit:
On July 1st input was received from the Police Department – no issues;
July 18th from Bill Manter, Planning Board – no issues; July 21st, another from Bill Manter, Planning Board - challenging site, but very doable;
July 27 from Laurie Levy, Planning Board – no objections to the proposal;
July 27th Michael Horseck, Affordable Housing Committee - no issues and believes it is a good project to go forward with;
July 28th indicating no issues with the application - Laurie Levy, Planning Board, reiterating the first reply because I did not reply to her first response;
July 31st from Mr. Baker, Planning Board - no problems.
The input received from the local boards is very much in favor of going forward. With that said, Mr. Filsinger opened up the meeting to the board to ask any questions they may have.
When asked if all local boards were forwarded plans and drawings and have approved it, Mr. Knapik said that the only local permit they need is from this board. So when you say the local boards have approved it, only those boards that are implementing it are under state statute. He said that it is only this board that can give approval. Mr. Filsinger said that the other than the Board of Health and Conservation, which still have jurisdiction under state statute. Mr. Knapik said they did go before the building inspector for a review and a modifications were made to the plans. Mr. Knapik said there is a recorded Order of Conditions from Conservation. The board will require a copy.
Ms. Lombardi said that Habitat for Humanity is doing an identification letter until the building is completed and asked if they gave that to people or sell it to prospective buyers and do they own the property then? Ms. Lebow said yes. These will be sold as condominium units and in preparation for that it will be preparation of condominium documents, including the master deed, or an Association document called Declaration of Trust. The unit will be sold to purchasers who are selected through a very comprehensive lottery process. Once they are selected based on their needs and individual circumstances, they are required to contribute a great number of actual physical work on the property (400 hours). They are required to put in these hours either on this property or on the next Habitat project
if the hours were not met. Part of their agreement when the unit is transferred to the individual purchasers, Habitat will take that mortgage, securing payment with a zero interest loan. The mortgage amount is based on the homeowner’s ability to pay and they make payments to Habitat over time. If they elect to sell the unit, they are bound by a deed rider, which will accompany their deed, and because it is 40B, they must sell it to another eligible purchaser who meets the qualifications of a person with low or moderate income.
Ms. Lombardi asked if it has to be approved by Habitat. Mr. Knapik presented an illustration showing a project in Milford so the board could get the idea of the quality of construction and the fact that the real community initiative involves community fundraising and also community physical labor. Mr. Drobner said to answer that question, we are starting our process. We collect family selection, part of the application to the state DACD. The family selection group has been marketing the property. We have applications and are reviewing them at this point. We have not yet gone through lottery process which will not take place until September/October 9. Their goal is pick the family at the same time they are breaking ground so the family will have the full year to put in their 400
hours.
Ms. Lombardi asked who the general contractor is. Ms. Lebow said it is a staff member, Robert Turbidy. Mr. Knapik said the local chapter of Habitat, now referred to Habitat for Humanity Metro/West Greater Worcester, has been quite active in the Worcester area for the past 25 years, and when this project comes to completion, it will be the 31st home constructed by Habitat.
Ms. Lombardi asked if there are any projects that did not come to completion. Ms. Lebow said no. Mr. Drobner said the type of structure they are planning will be built with 2x6 texture insulation to try to minimize the heating bill. It will not be LEED certified, but will meet the higher levels of energy efficiency.
Mr. Filsinger asked if the 400 hours are a requirement to enter the lottery. Ms. Lebow said no. Mr. Filsinger said the board will need a copy of the plan for approval. Ms. Lebow said it is already approved by the state, but will provide the board with a copy.
Ms. Murphy said over 25 years, can you give us a flavor for the history of success in getting families into homes. Ms. Lebow said there is slight difference over the course of the years when they switched to permanently affording houses as opposed to before when people finish their mortgage in 25-30 years, then they would own the house outright, but because they are working with the Habitat for Humanity and towns, they do have some families who are on the verge of owning their homes from. We have had two foreclosures over the course of those 30 homes.
Ms. Murphy asked what they do in the event of a foreclosure. Ms. Lebow said they take back the property and reissue it. Sometimes it is not feasible because of the process. Mr. Filsinger asked if the 40B law changed in that respect. He thought foreclosure was the way to get out of 40B. Mr. Knapik said that it no longer is. Foreclosure does not wipe out the deed restriction. Historically that was the case.
Mr. Knapik said that it is important to note that foreclosure is the exception. Ms. Lombardi asked before qualifying an applicant, do you check to make sure they have the ability to pay. Ms. Lebow said that one of the criteria is that they have the ability to pay (30% of their income). They look for people to pay during the course of the year, which becomes part of the down payment. They have partnership process where a board member or community member work closely with prospective homeowners to make sure they also have a budget program. They are educated throughout the process and have a person they can rely on to ask questions along the way. The goal is to make a successful homeowner.
Ms. Lombardi mentioned a Condominium Association and do they have any involvement in managing that after the fact or any involvement in ongoing maintenance? Ms. Lebow said that for the first year we sit as members of the Association and then our role is to turn it over to the homeowners. Mr. Knapik said that for a two unit condo, the only common expenses are the habitat insurance, snow removal, landscaping and trash removal. Habitat escrow is for real estate taxes and insurance. The mortgage lender will make sure the taxes are paid. There will be town water. Soil testing has been done and has Title 5 approval.
Ms. Lombardi asked what the time limits are. Mr. Knapik said 45-60 days once the Public Hearing is closed. He further said that it is his experience that once the Public Hearing is closed, a draft decision is prepared. Mr. Knapik will email a draft to Mr. Filsinger for review. At the next meeting, both parties will jointly review it and then vote on it. Mr. Knapik asked if there any other questions the board has before meeting again.
Mr. Filsinger told Mr. Drobner that based on conversations he had with him on his former role on the Planning Board with Dr. Baker, and because this is a single lot, there does not seem to be a need to do a site plan review from an engineering service. It is all pretty much straight forward. It would be up to the building inspector at that point, so he does not see the need to send it to an engineering firm for review. Mr. Filsinger asked the board if they had any issues with the waivers requested, of which there are two; one for the lot area, and one for the lot width. The board had no issues. Mr. Filsinger reminded the board that now is the time for any objections or reservations.
Ms. Lombardi asked that regarding the wavier on the width, does that mean you have proper sideback setbacks, so it would just be lot size and width. Mr. Knapik stated that was correct. Mr. Filsinger said that all other requirements are met. He asked if there were any other questions of the board. Mr. Filsinger then opened the hearing to the audience.
Jim O’Connell, 23 Mill Road Circle asked how it would affect property values. Research was done and Habitat for Humanity does not have any negative effect on property values, but that was only when they refurbish a house. Ms. Lombardi asked if he looked at the plans.
Mr. Drobner said that when he talked with the Selectmen earlier (6-8 months ago), the road was discussed. An abutter asked how we know that the road has even been paved or is one of our 400 years of sand and oil roads. Mr. Filsinger said he did not have the answer to that. Mr. Buxton said that all his life the road has been oiled and sanded. Mr. Buxton said we are paying for the water line and a fire hydrant in front of the property. Mr. Filsinger asked Sue Olsen about an initiative highway program to obtain grants to pave the roads that were never paved. He asked if she had any insight as to if that program still exists. He said that was how Green Street and Warren Street were paved. Sue Olsen said there was money that they gave the town to pave both roads. At one
point they required the town to bring those roads up to current standards. They relaxed that standard a couple of years ago and allowed Don Parker to pave. She did not known how much money is left or if it is given to the town each year and suggested speaking with the Town Administrator.
There were no further comments from the audience. Ms. Lombardi asked what happens if the owner wants to improve the premises (add on, etc.). Would they have to go through Habitat for that and was told the deed says they cannot change the footprint.
Mr. Filsinger put forth that the hearing be continued, and the applicant agreed, for 3 weeks from tonight to August 23rd at 7:00 p.m., at which time the draft and comprehensive permit will be ready.
| 
