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 April 3, 2008 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.
Members of the Board in attendance: Ronald Spakauskas, Ronald Oslebo, Roy Fraser, Fred Lonardo and James Deignan.
Attorney Mark Donahue, representing the applicant, summarized his letters to the Board dated March 17th and March 25, 2008. A plan was reviewed indicating areas of detailed buffering, redesign of the Salisbury Street entrance, relocation for Fire Department access and snow storage.
For the record, R. Spakauskas read a letter that Pamela Harding, Town Planner, sent to Atty. Donahue dated March 28th. In this letter, six conditions were requested from the Fire Department. Also, it was agreed by all parties that unit numbers would be reduced; however, no plan reflecting this reduction has been received.
Atty. Donahue responded to this letter confirming that the Fire Department requests are acceptable to the applicant. Regarding the proposed reduction of units, he said the Zoning Board of Appeals has not indi-cated the number of units they would approve and, therefore, no plans have been done.
F. Lonardo expressed confusion with the number of units. There has been discussion about 204 units and 192 units. He asked if the applicant was intending to submit a pro forma for the 192 units.
Judith Barrett, Consultant for the Town, said that if the Board imposes conditions that indicate the project is uneconomical, then the applicant must submit another pro forma.
Attorney John Whitten, representing Poor Farm Brook Association, recommended several conditions of approval which he distributed to the Board. He stated that the Board has no idea if this project is uneco-nomical; therefore, he strongly urged the Board to require a pro forma.
R. Spakauskas suggested a preliminary plan be submitted with the changes. Atty. Donahue said the applicant needs to resolve the issue of the number of units the Board would be willing to approve before a plan is drawn up. The Board proceeded to discuss this issue. Some members were in favor of 192 units, others were willing to approve 204 units.
Judith Barrett said there are two issues here, one is the number of units and the other is how the buildings and the site relate to the surroundings around it.
P. Harding commented that building size has always been an issue.
Jim Robinson, 98 Newell Road, a member of the Poor Farm Brook Association, suggested the Board take more time to think about the number of units and financial information.
Jeff Lizotte, 90 Newell Road, said the abutters have not been contacted at all by the developer, contrary to what they intimated to the Board of Selectmen last Monday evening. He urged the Board not to close the public hearing until the pro forma is submitted.
Lisa Genatassio, 250 Cranbrook Drive, another member of the Poor Farm Brook Association, asked why the Board is even discussing the number of units to be either 192 or 204, why not suggest something smaller.
Karl Makela, 60 Newell Road, stated that the Board of Selectmen sent a letter to the ZBA urging them to reduce the number of units. R. Spakauskas said that letter was sent to the Department of Housing and Community Development (DHCD). Mr. Makela asked why the Board would not look at other numbers, such as 168 units.
Rick McKallagat, 210 Cranbrook Drive, suggested six (6) 24-unit buildings.
Dennis Lipka, Building Commissioner, told everyone that we ought not to engage in redesign of this pro-ject. By eliminating the costly infrastructure of buildings #7 and #8, the applicant still has a rather lengthy road to put in and make the assessment of the number of units to build the roadway by almost a mile long with a lot of infrastructure, etc. Based on existing pro forma, it is his judgment that working numbers to make this happen would be 204 or 192.
The Board discussed the number of units they would be in favor of approving and whether or not a new pro forma should be required.
Atty. Whitten felt that the public was entitled to a new pro forma.
Judith Barrett addressed both the public and the Board regarding the issue of the pro forma. There are new regulations dated January 1, 2008 which state that in cases such as this one, a new pro forma is not re-quired. R. Spakauskas agreed and said the regulations ask the Board to focus on it, not be bound by it.
P. Harding said a new plan would be needed for reference purposes because buildings #7 and #8 still appear on the current one.
Atty. Donahue agreed to submit a preliminary plan showing a reconfiguration of 192 units.
J. Deignan and F. Lonardo continued discussing requiring a new pro forma. J. Barrett repeated it is outside the bounds of the new regulations to require a new one.
F. Lonardo commented that new information was given to the Board at their March 6th meeting. Until that time, there was no mention of reducing the number of units. Atty. Donahue disagreed; he said on March 6th only remaining items were reviewed. P. Harding said outstanding items were reviewed and this was put in a letter to the applicant.
The Board voted 3 – 2 to move ahead without requesting a new pro forma. IN FAVOR: Ronald Spakauskas, Ronald Oslebo and Roy Fraser. OPPOSED: Fred Lonardo and James Deignan.
The Board voted unanimously to continue the public hearing until April 30, 2008 at 7:00 p.m.
OTHER BUSINESS
The Board reviewed plans for an amendment to Fisher Terrace which includes the relocation of units pre-viously approved under the Comprehensive Permit and incorporates an abutting five acres containing 16 units. The Zoning Board unanimously agreed the plan was a substantial change and requested a new application including all submission requirements which they outlined in the Town of Holden Comprehensive 40B Regulations, which will necessitate an amended site approval letter.
In accordance with Item 20. TECHNICAL REVIEW ESCROW FEES of the Comprehensive Permit Regulations, the applicant is required to submit one-half of one percent of the total gross estimated con-struction costs, because there is a remaining balance of $27,766.22 in the Fisher Terrace Escrow account this requirement will be waived. If the ZBA finds additional funds are necessary to complete their review, the applicant will be required to replenish the account. The Review Fee of $250 plus 10 per dwelling unit is still applicable.
Meeting adjourned at 10:00 p.m.
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Ronald E. Spakauskas, Chairman
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