TOWN OF HOLDEN
ZONING BOARD OF APPEALS
HEARING
Winterberry Hollow, LLC Case No. 40B0107
The Zoning Board of Appeals held a continued public hearing on May 24, 2007 at 7:00 p.m. in Memorial Hall, 1196 Main Street, Holden MA on the Application of Winterberry Hollow, LLC for an affordable housing Chapter 40B Comprehensive Permit referred to as Winterberry Hollow.
Member of the Board in attendance: Ronald Spakauskas, Ronald Oslebo, Roy Fraser III, Fred Lonardo and James Deignan.
ZBA Chairman, Ronald Spakauskas, received a letter from the Board of Selectmen regarding the Local Initiative Program (LIP) extension which is being submitted to Department of Housing and Community Development (DHCD). The Chairman then read the letter into the record.
Pamela Harding, Town Planner, explained that DHCD supported the extension of the LIP and the Board of Selectmen voted to extend with conditions for six months.
Attorney Mark Donahue, representing the applicant, said a presentation was made at the last meeting regarding architecture, traffic, etc.
David Cyganski, 94 Newell Road, felt that this project would not be in the best interest for the Town.
P. Harding addressed the Board with several comments received from town departments. The applicant has not responded to comments from the Affordable Housing Committee, there is a lack of buffering, the applicant has shown a cavalier attitude to all these comments and has made no effort to meet with the abutters.
John Whitten, from Daly & Whitten, attorneys representing Poor Farm Brook, told the Board that they do a lot of 40B work and this project is the most cynical proposal he has ever seen. It is completely out of character with the neighborhood, too dense, too large and the applicant has not proven that he needs these many units.
The applicant is asking for numerous waivers and has nothing to support the need. He asked the Board to work on the pro forma and to look at the letter from the Planning Board dated May 9, 2007. Atty. Donahue commented that they were not invited to the Planning Board meeting at that time these concerns were raised.
Several residents raised concerns:
• Michael Dowd, 215 Cranbrook Drive, asked the Board to limit the size and scope of the project.
• Edward Murray, 700 Salisbury Street, felt this project would ruin his property.
• Jeffrey Lizotte, 90 Newell Road, questioned how approval could be given which would destroy wetlands; so many variance requests should set up a red flag.
• Resident from 93 Cranbrook Drive, asked to have the issue of sewer capacity explained; P. Harding replied they have not received direction from the Department of Public Works Director.
• Lisa Genatossio, 250 Cranbrook Drive, said there are too many projects going on in their neighborhood.
• Jim Robinson, 98 Newell Road, felt the application was deficient. Environmental impact study has not been done. The burden is on the developer to prove that this would be good for the town. Nowhere in the application does it address a phasing plan.
Atty. Donahue explained the phasing plan:
Phase 1 - building 1,2,3 and four and the clubhouse (144 units)
Phase 2 - building 5 and 6 (48 units)
Phase 3 - building 7 and 8 (54 units)
Atty. Whitten said that if DHCD does not approve this project, their decisiion would override the recommendation of the Board of Selectmen.
Ronald E. Spakauskas, Chairman
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