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Hearing (Mt. Pleasant) May 10, 2007
TOWN OF HOLDEN
ZONING BOARD OF APPEALS
HEARING

Mt. Pleasant, LLC                                                                Case No. V 0705

The Zoning Board of Appeals held a public hearing on May 10, 2007 at 7:00 p.m. in Memorial Hall, 1196 Main Street, Holden, MA on the Petition of Mt. Pleasant, LLC for property located at 1800 Main Street for a VARIANCE to allow a multi family dwelling in an R-20 zoning district.

Members of the Board in attendance: Ronald Spakauskas, Jack LaPrade, Roy Fraser, Fred Lonardo and James Deignan.

The Chairman called the hearing to order.  Dennis J. Lipka, Building Commissioner, read one letter from Pamela Harding, Town Planner pertaining to the case.

Attorney David A. Philbin, representing the applicant, addressed the Board.  A forty eight (48) unit building has been built upon the premises, consisting of ten (10) one-bedroom units and thirty-eight (38) two-bedroom units.  The applicant has made substantial efforts to market the units within the over fifty-five (55) Retirement Community Bylaw.  However, due to the economy, these efforts have not been successful, resulting in no purchase contracts by buyers willing to buy an age restricted unit.

F. Lonardo asked the applicant to explain why the shape and topography of the land is a reason for seeking this variance if the building is already there.  Attorney Philbin said the alternative would be to tear it down.

D. Lipka explained that in the current housing market there may be an overbuild of over age 55 housing units.  The hardship may be the client didn't get the product to the market fast enough.

J. Deignan asked if any units have been sold to date; it was answered one.

F. Lonardo did not feel there was any guarantee that there would be no impact on the school system.

Since there were no further comments or questions, the public hearing was officially closed at 7:45 p.m.

The Board voted unanimously to grant the Variance with the conditions that 1) Prior to issuing any occupancy permits for Mt. Pleasant, the Building Commissioner/Zoning Enforcement Officer will require an agreement to be entered between the developer and the Town of Holden placing the entire 18 hole golf course into permanent open space protection.  Such agreements will be properly executed and recorded as permanent restrictions in perpetuity on the land area currently comprising the 18 holes of the golf course; 2) Five (5) units will remain affordable.

Ronald E. Spakauskas, Chairman