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Meeting Minutes
May 11, 2010
Chairman: William Filsinger
Members Present: Janet Lombardi, Arlene Murphy
Members Absent: Rob Cotter, Larry Campo, Brad Wyatt
Recorder: Tape
Wayne MacNeil Public Hearing – 22 Woodland Drive (Application for a Finding on a Non-Conforming Lot & Structure)
Wayne MacNeil and Ron Aspero were in attendance. Mr. MacNeil explained that it is a remodeling project with a major addition to his house. It is a single family ranch house on Woodland Drive. He proposes to take down the converted breezeway and one car garage and construct an addition on the right to include a two car garage, new entrance to the house, dining area and sunroom. The size of the living room will also be expanded. Mr. MacNeil was told that since the house was built the zoning laws have changed. The Board needs to know specifically what it was then, what it is now and what relief he is seeking. Mr. Aspero has done the design work and will be doing the project if the Board grants the request. He stated that frontage is not an issue; it is the land area which
is currently 22,473 square feet. The new zoning bylaws require 40,000 square feet. He said they are in compliance with the sidelines and front and rear setback regulations. The shed side is in conformity. He further said that the building inspector has looked at it and the Board of Health has approved it. The only non-conformity is the lot size; 40,000 square feet is needed and there is only 22,000 square feet. They are not creating a problem with the impervious area; they are well under that and also under the 50% increase. It will remain a single family home; no bedrooms are being added. There are both ranch and two-story structures in the area. Mr. MacNeil inquired as to compliance with the laws and was told that the house was in compliance when it was built, but the compliance does not travel with it. Mr. Filsinger further explained that the state enacted the zoning regulations as a protective measure which put many
people in non-conformance, which is why the by-law was added relating to the prior non-conforming conditions. Mr. Aspero stated that the footprint would be a little larger. There are no neighbors to the left and seventeen acres behind the MacNeils. Mr. Aspero asked if there is an appeal period after the finding is made. Mr. Filsinger said that the statutes are silent on notification and appeal period regarding Findings. However, the Board generally counsels people to wait the 20 days, but they do not have to.
Mr. MacNeil asked if he had come for a variance and was denied would he have to go through the process again to get a Finding. He was told that the Board has to act upon the hearing notice subject matter. The discussions continued about sideline setbacks, design changes and plan changes. They were informed that for a Finding, a simple majority vote is needed, while a Variance requires a super majority vote. He was also informed that he could go before the Board and withdraw the application if he feels the Board is not in favor. Mr. MacNeil asked about applying as a hardship. Mr. Filsinger said that he would have to prove a hardship in which usually the shape of the land or the topography causes some undue hardship. A new submission would be required. The timeline for the
Board could take two months. Mr. Filsinger made a motion that the Boylston Zoning Board of Appeals finds the change is not substantially more detrimental than the existing non-conforming situation to the neighborhood for the following reasons: (1) the change is consistent with other properties and structures in the neighborhood, and (2) the change will not encroach upon any of the setback requirements; Janet Lombardi seconded; any discussions; no, Role Call vote was taken as follows: Janet Lombardi Yes; Arlene Murphy Yes; Bradford Wyatt, Yes; Bill Filsinger Yes; motion carried.
First Evergreen Properties Public Hearing – Jameson Ridge (40B) (Request for Permit Extension)
Rick Putprush, Managing Director for Parsons Commercial Group was present. Mr. Filsinger informed the Members that the Board will be considering a request to extend the Comprehensive Permit for the Jameson’s Ridge 40B affordable housing project which is due to expire on May 14th. Two letters were presented to the Board; one dated April 26, 2010 and one received by the Town Clerk on March 9th (letter not dated). Mr. Putprush explained that the property has been taken back by the bank. First Evergreen is an LLC subsidiary of the bank. Mr. Filsinger provided some history on the project. After receiving the letter, he reviewed the permit and had questions for Town Counsel concerning the conditions. One of the questions in particular was
condition #28 that says “any change in management, ownership of the Jameson Ridge LLC subsequent to the date of this decision is subject to board approval and the comprehensive permit shall not be assigned or transferred in any manner without a hearing or prior approval of the board.” His question to town counsel was do we need to dispense with that issue first before we consider any extension of the permit, to which Town Counsel replied (and was forwarded to Mr. Putprush) which prompted the second letter saying no we are not doing that, give us more time. Mr. Filsinger read Town Counsel’s response. Relative to the question about a proposal to assign the comprehensive permit, the ZBA must determine that the proposed assignee is eligible to develop an affordable housing project as required by CMR. The regulation reads that prior to substantial completion of a project or phase thereof, a comprehensive permit may be transferred to a person or
entity other than the applicant upon written confirmation from the subsidizing agency, (which is the state in this case), that the transferee meets the requirements of 760CMR…. So the answer to your question is yes, the matter of transferring the comprehensive permit must be resolved before the grant of any extension of time. The signee/transferee bears the burden of providing evidence to the ZBA that it is eligible to become the applicant under the comprehensive permit. What this is saying is that state approval is needed first before we can give an extension. Mr. Putprush said that basically what the bank is asking for is an extension of the time frame for another thirty days so they can get the buyer approved. When asked who the buyer is, Mr. Putprush said they have a couple of entities but, don’t know which way they are going to go. One potential buyer is Mr. Ali, who has developed houses in the area. The other is Sudbury
Valley Trustees. There is no signed P&S, but they do have offers from both. SVT under the current permit has an easement granted along the river that runs along the entire side of the project. SVT is the abutter on the entire east side of the property. Mr. Filsinger said that obtaining a permit may not be as long, involved and extensive as it was the last time. The first time before the Board took thirteen months, mostly due to the developer not being ready with the plans. Mr. Putprush said it was his understanding of the situation (as the broker), that the bank loaned money based on the fact or premise that there were going to be 32 lots to be developed; 24 of them market lots; 8 would remain 40B lots.
He said if the permits expire, it reverts to normal zoning regulations where this track of land, being a long narrow piece of land, does not allow for development of a loop road, and considering lot dimensions that are required (200’ of frontage; 200’ of depth), creates what is known as a dead end cul-de-sac which according to the zoning bylaws limits the length of road that can be built to 500’ which also limits the number of lots that could possibly be built. Two lots are currently owned by people, leaving the maximum number of lots that could be built is 4. The bank would have to get its act together internally with their legal counsel, make all the applications necessary for the state in 30 days, and then that person would have to file final plans to be approved. Mr. Filsinger
stated that the town is owed $41,656.52 by Delphic Associates. They signed a separate promissory note with the town as part of the agreement reached when the Board extended it previously. The promissory note was to be paid off in four quarters, but was never received. Mr. Putprush said the property was not foreclosed on. He said the bank did a deed in lieu of that. The letter received is asking the Board to extend the permit. Mr. Filsinger feels that we should act upon the advice of Town Counsel at this point. Mr. Filsinger made a motion to extend the comprehensive permit for Jameson’s Ridge 40B affordable housing project for an additional year from tonight and will expire on May 11, 2011. Janet Lombardi seconded; any discussion; Mr. Filsinger said it is Town Counsel’s recommendation that they need to get state approval before we need to go through that process before we extend the permit. Also, because it is a
40B project, it is a majority vote. Role call vote was taken as follows; Janet Lombardi No; Arlene Murphy No; Bradford Wyatt No; Bill Filsinger No; motion is not carried.
Mr. Putprush asked about the motion to extend for an additional thirty days. Janet Lombardi asked if we denied them a motion to extend for a year, how that impacts them coming back and asking that if they got their act together in 30 days. Mr. Filsinger did not know what the answer to that is. Mr. Putprush said the idea was if they were able to act on it quickly, especially with the engineering work that is already done, plans need to be paid for in order to come before the Board, you would have the process already to the point, it would be considered for an extension. They would have someone buying the land and someone going to various boards to get the final plan approval so it would be in the process. Mr. Filsinger said that it is a no on the extension because we do not have the first part
of the puzzle; the state’s subsidizing agency approval for the new owners. Therefore, without the new owner and the previous owner being gone, there is no reason to extend it. First Evergreen is not a qualified developer, so it can’t be extended. The Board cannot act on that letter. Mr. Filsinger made a motion to extend the comprehensive permit for James Ridge 40B affordable housing for a period of one month to June 11, 2010; Janet Lombardi seconded; Role Call vote was taken as follows: Janet Lombardi No; Arlene Murphy No; Bradford Wyatt No; Bill Filsinger No; motion is not carried.
Mr. Filsinger made a motion to close the Public Hearing; Janet Lombardi seconded; all in favor.
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