ZONING BOARD OF APPEALS
Wareham Town Hall, Lower Level Cafeteria
54 Marion Road
Wareham, MA 02571

Date of Meeting:  November 29, 2006

SPECIAL MEETING OF ZONING BOARD OF APPEALS

I.	CALL MEETING TO ORDER

K. Ferreira called the meeting to order @ 7:35 P.M.

A.	Roll Call

Members Present:	Kenneth Ferreira, Chairman
			Don McKinlay, Clerk
			Michelle Zollo
			John Cronan
			Michael Martin
			Mary Scarsciotti
			David Sharkey
			Richard Secher
			Brenda Eckstrom, BOS Liaison
			
II.	CORNERSTONE PROPERTIES – VILLAGE AT 815 MAIN STREET

K.Ferreira discussed the meeting procedure for this evening.

Present before the Board:	Peter Freeman, Attorney
				Jim Regis, Vice President, S-C Management Corp.

Mr. Regis stated S-C Management has been in the business of managing affordable housing for over 27 years.  He has been w/ this firm for 15 of these years.  The company currently manages 32 properties comprised of approx. 3,000 rental units.  Approx. 80% of said units are deemed affordable.  Several hundred units are governed under the low income housing tax credit program.  He discussed the track record of the company under the low income housing tax credit program.  He noted the company’s experience in renting out affordable housing in communities, implementation of local preference programs, outreach initiatives, managing the application process, etc.  The company employees over 100 employees, they have the manpower & expertise to support new properties.

Mr. Regis understands the company’s role is to ensure good tenant selection, provide proper orientation & familiarity w/ rules/regulations to all the residents who will reside w/in this community, & to act quickly in a timely fashion as things arise or occur.  

Mr. Regis stated the company is looking to put together an on-site management operation w/ a property manager, administration, & maintenance staff.  The company will hire, train, & oversee them over time.

Mr. Regis noted he has documentation for review of a similar development community that they have managed since 1979.

K.Ferriera asked how Mr. Regis would characterize this proposed project in terms of type of property program.  Mr. Regis feels this project is typical of what the company works with.  Most of the properties they manage are between 100-150 units in size, in suburban locations, & most are mixed income subsidy programs.  K.Ferriera asked which development in the property listing supplied would most closely characterize this proposed project.  Mr. Regis noted it is the community he previously cited; Bedford Village in Bedford, MA which the company has managed since 1979.

M. Martin asked re:  the company’s screening process.  Mr. Regis discussed the tenant selection plan that will be needed which will be the blueprint as to how the entire process is operated.  It will set forth essential criteria re:  income, necessary credit, necessary landlord history, criminal background, etc.  These documents are negotiated as part of the process w/ DHCD w/ the tax credit syndicate & w/ the developer.  A question was asked re:   if the company is penalized or rewarded based on occupancy.  Mr. Regis stated the compensation works in a number of ways depending on the community.  In most cases, they are awarded by occupancy in terms of filling the apartments, collecting the rent, & operating the community.  Someone expressed concerns of residents relative to the lowering of standards of the application process.  Mr. Regis stated the company looks to the long term.  It doesn’t do the company any good to fill apartments w/ residents who will potentially cause problems.

M.Scarsciotti asked if the manager, administration, & maintenance will all be on-site.  Mr. Regis noted discussions which indicate having an on-site office w/ on-site personnel during normal business hours.  After hours, there will be the necessary emergency numbers & back-up services provided.  M. Scarsciotti asked what relationship the company will have w/ the proposed community services in the development.  Mr. Regis discussed the company’s experience w/ these types of services.  They understand they are there to provide good housing, but also understand human services that will be provided.  M. Scarsciotti asked if they will be providing any additional services.  Mr. Regis stated not at this time.

D.Sharkey asked if the company has a standard list of items which would cause residents to be evicted.  Mr. Regis is unaware of any universal document of this nature.  Mr. Freeman stated there are rules, regulations, & laws that have been crafted related to communities w/ populations, as well as standard grounds for eviction.  D. Sharkey discussed how difficult it is to evict people from property in MA.  Even though there are laws, they don’t always work & it is discouraging.  Mr. Freeman stated the management company tries to be as pre-emptive as they can, for example, during the selection process & on-site efforts.  D. Sharkey spoke re:  the Bedford Village development which he feels is a different community vs. Wareham.  He discussed differences in prices & median income of Wareham.

J.Cronan asked how long the contract is that is entered into when the company signs on.  Mr. Regis stated it varies.  At this time, the contract has not been negotiated, but normally it is a minimum of two years.

Present before the Board:	Dick Daley, Attorney representing abutters

Attorney Daley noted most of the larger units the company represents are in Cambridge, Boston, Quincy,etc. or metropolitan areas.  The suburban communities the company represents are mainly for the elderly, not family oriented.  He asked what the density of acreage of Bedford Village is & what percent of the units are eligible/affordable.  Mr. Regis believes that Bedford Village is 10 acres & he discussed the regulatory agreement for this community which stipulates that approx. 25% of these units are _________capacity.  Approx. 25 of said units are market rate housing.  The balance are truly moderate income housing.  (25% low income, 50% moderate, 25% high moderate).  

Attorney Daley asked if the company has any experience in managing a 100% affordable development of this size being proposed.  Mr. Regis stated a number of properties they manage are 100% affordable & some are in rural areas.

Present before the Board:	_____________A woman

The woman asked if any of the 100% affordable  could be non________.  Mr. Regis stated yes.  She asked if transportation is available at the Bedford Village community.  Mr. Regis explained that there is indirect transportation.  The woman asked how many units there are in Bedford Village.  Mr. Regis stated there are 96 units; 1,2, & 3 bedroom townhouses.  The woman asked re:  market rate units in Bedford Village.  Mr. Regis stated the market rate housing in this village is 75%.  He explained the rent increase process works differently w/ MA Housing.  The woman asked when this property was developed.  Mr. Regis stated the property was developed in 1974-1975 & he noted that no sound financial practices were in place at that time, thus, this project didn’t get off on a good financial nor social (selection) footing.  This is when his company was hired to come in & turn things around which they did successfully.

Present before the Board:	_____________, A gentleman, 813 Main St.??? 

The gentleman asked what the rents are for 1,2, & 3 bedroom units at Bedford Village.  Mr. Regis doesn’t have this information this evening, but he knows that this village works off of the Boston median income.

Present before the Board:	__________________, A gentelman

The gentleman asked what the company’s retention rate is.  Mr. Regis stated that their retention rate is far above average; they lose very few properties.  The company chooses to grow very selectively; they only take on properties that they can give time & attention to to bring them on-line.  Taking on two properties a year is a lot for the company, because they don’t like to over-extend themselves.  There have been years they haven’t taken on any properties or they have taken on one, or they have lost one.  The gentleman proceeded to question, inquire, etc.  Mr. Freeman feels this gentleman is badgering.  K.Ferreira asked the gentleman to make his point.  The gentleman asked what the reason would be if the company were to lose a property.  Mr. Regis stated it could be due to the sale of the property, change of ownership, or change of management.  There have never been any performance issues by the company relative to loss of a property.

Present before the Board:	Arlene Jones

Ms. Jones asked if they only manage properties in MA.  Mr. Regis stated they manage a small number in New Hampshire & one property in Virginia.  Most of their properties are affordable.  Ms. Jones asked re:  discussions for on-site management.  Mr. Regis stated conversations to date have included putting together an on-site management team.  Ms. Jones asked if this management space is indicated on the plan.  Mr. Regis understands both the lot, structure, & some space w/in the apartment building will lend themselves to management space.  Ms. Jones asked re:  the tenant background checks & if they are done State-wide or nation-wide.  Mr. Regis stated every property is different.  The tenant selection plan will be the blueprint of how tenants’ applications are evaluated & grounds for acceptance & rejections.  This has not been put together as of yet.  Ms. Jones asked how this will be put into the company’s contract.  Mr. Regis stated this needs to be negotiated w/ DHCD, the tax credit program, & all the players.  

K.Ferriera asked how the company will maintain local preference for residents of Town in the future.  Mr. Regis believes a property should have a healthy waiting list & discussed how to build a waiting list.  K. Ferreira asked how preferences are made to the waiting list.  Mr. Regis stated this level of detail has not been discussed yet.  K.Ferriera stated he is trying to develop the conditions of this permit & there is a need to condition the permit to ensure the company’s contract is done in a certain manner.  Attorney Freeman stated he will look into this issue further & he believes the current requirement under the various programs doesn’t allow or call for an on-going local preference.  Discussion ensued.  M.Scarsciotti asked to see what the DHCD requirements are for the tenants.  Attorney Freeman will get this information together for the next meeting.

K.Ferriera asked that the company’s information be given to Dick Heaton.

Present before the Board:	_____________, A gentleman

The gentleman stated at the last meeting, there was discussion re:  the market rate & affordable rate to be charged per unit.  There are a number of people that own multiple family units that they lease.  The proposed project seems to have market rents at just about the level as the affordable rents.  He asked if the company will examine or research the rental market in Town & work up any recommendations or determine what effect this project will have on the market.  K.Ferreira stated there were residents who spoke re:  the rents they charge which are considered market rates & the most they can get.  They were also lower than the market rates the project has suggested for the affordable units.  The question is how will a Town resident/employee be able to afford the rates.  Attorney Freeman stated the advertised rental rates for properties in Town have been monitored & they will be undertaking a market analysis.  He discussed rental rates.  He clarified that 12 of the proposed units are in the 30% _______category & will be Section 8 units.  The rest of the units will be rented at 55% of the A line (Boston median).  Thus, it will be 55% of $80,000.  Discussion ensued.

Present before the Board:	____________, A woman

A woman  I COULDN’T HEAR WHAT SHE STATED.

K.Ferriera stated this public hearing will not close until all questions are answered.

Present before the Board:	Mr. Gustafson, A gentleman, 907 Main St.

Mr. Gustafson asked re:  the research conducted on rentals.  K. Ferriera stated that they are monitoring rental rates in the area & is ongoing.  Mr. Gustafson asked what geographic area they are monitoring.  Attorney Freeman stated they are monitoring Wareham & surrounding communities (Carver, Plymouth, Bourne, Middleboro) w/out excluding Marion.

Mr. Gustafson asked re:  maintenance & if maintenance personnel will be on the property at all times.  Mr. Regis stated yes & maintenance staffing needs to be discussed.  Attorney Freeman stated there has been discussion re:  a presence during business hours in an office on the property.  This person will not exclusively be a maintenance person, but a contact person.

Mr. Gustafson spoke re:  control over renters, for example, a renter changing their oil in their car next to the wetland/retention pond.  He asked who will take care of a situation like this.  He expressed the importance of having personnel on site.  Mr. Regis understands the importance of an on-site presence & they have the resources to do this.  He stated the company typically utilizes local vendors, for example, local plumbers, electricians, etc.  They like to have someone on-site to make a quick response to smaller matters & act as a contact person.  Brief discussion ensued.

K.Ferreira spoke re:  other project developments that have trouble & police routinely go to them.  He asked how this would be addressed.  Mr. Regis stated his company doesn’t have this situation now at any of their properties.  They like to create a partnership w/ the Police Dept. & work w/ them if there are problems.  The on-site staff will be out on the property as well.  K. Ferreira asked if these standards can be upheld by managers, staff, etc.  Mr. Regis stated they have properties in difficult areas, such as Worcester & Allston where they don’t have problems.  They try to hire seasoned managers who are experienced.

K.Ferriera understands Mr. Regis has chosen to be involved w/ this project.  He noted the project’s density & lack of sufficient parking that will need to be addressed.  He asked if he is comfortable they way it is laid out w/ the mix of 2.5 stories & if this is a good project.  Mr. Regis stated yes.  Mr. Regis stated his company grows selectively & they look at the quality of project & local resources.  He doesn’t see anything thus far that he would change.  During the process, they will be going through the individual floor plans & looking at them from the standpoint of livability & marketability at which time comments can be made.

Present before the Board:	___________, A woman

A woman asked ____________________???  Mr. Regis stated he has not.  He has not seen the _____________.  The woman asked how the company would address parking issues.  Mr. Regis feels it will be important to draft a parking policy that will work & will be reasonable & enforceable.  The woman noted there is no off-street parking.  She asked what the steps would be to deal w/ parking issues.  Mr. Regis discussed different options different communities utilize.  This has yet to be discussed.

Present before the Board:	Mr. Barry?????

Mr. Barry__________ asked re:  guest parking.  Mr. Regis stated this would be up to the residential director.????? & briefly discussed how this would work.  In communities where the parking policy is consistently enforced, it does work.  Mr. Barry asked how it is enforced.  Mr. Regis stated in one community, the residents inform the company of a problem.  A woman asked re:  parking off the property (on Main St.).  There is concern re:  this & there doesn’t seem to be a solution.

Present before the Board:	Brian_________?

Mr. Brian ____________ asked how would problems be addressed at night when on on-site staff is not present.  Mr. Regis stated this still needs to be worked out.  Mr. Brian _____________???  Mr. Regis stated they have had some experience w/ this & have partnered w/ local police to eradicate this problem when it did occur.  Mr. Brian ________asked if there will be added police patrol in the area.

Someone noted the parking problems & feels it would be contained w/in the footprint of the property, thus, it would be the resident manager’s responsibility.  Parking spill out onto Main St. may require people to walk a long way.  Parking on Main St. would be under the Police Dept.’s enforcement.  K. Ferriera stated it is up to the ZBA & others to make sure that there is sufficient parking at the property, so parking doesn’t spill out anywhere.

Present before the Board:	Randall ______________, 99 Main St.???

Mr. ___________ stated he lives one house away from this property.  A week & a half ago people parked in front of his driveway.  Brief discussion ensued.

A woman stated she has been told by police that they will not come out for the purpose of parking issues.  M. Martin asked if she has this in writing from the Police Chief.  He suggested she write him a letter & ask him for a response for the record.  Brief discussion ensued.

Present before the Board:	__________, A gentleman

The gentleman asked if the company has any other properties where there are full-time staff 24/7.  Mr. Regis stated there are some properties where there is a live-on assistant manager & some where they do utilize an outside security force.

Brief discussion ensued re:  a market study.  Attorney Freeman stated he doesn’t have the final complete market study, it is in progress.  He explained in estimating what they need financially to carry the development through RENTA, they have estimated 12-14 months???  Discussion ensued.

Present before the Board:	Marilyn Whalley, CEDA

M.Scarsciotti asked if the Wareham area median income is based on the analysis that was done.  Ms. Whalley stated it is around $40,000.  The State has it at $45,000, but that is household _______________.  ??????????????  M.Scarsciotti asked if a determination was made as to the number of incomes required to support the typical market rent for 1, 2, & 3 bedroom units.  Ms. Whalley stated no.  One recommendation that came out of the Housing Partnership was to update the housing needs study.  R.Secher asked what type of income level would trigger someone’s eligibility for a subsidy program.  Ms. Whalley discussed.  Attorney Freeman asked to review the information taken from the census of sales prices/income.

Present before the Board:	Dave Dubay, Stantec Corp.

Mr. Dubay stated he is a registered professional traffic engineer in the Commonwealth of MA.   He spoke re:  traffic report submitted, discussions held relative to traffic, & standard practices utilized for the traffic report.  He discussed what the study covers, for example, information submitted for the new Cranberry Crossing Mall project & other areas in & around the project area.

Mr. Dubay discussed the project briefly & information on trips included for said project, including the daycare center.  In brief, the project will generate 969 vehicle trips p/day.  In the morning there will be 73 trips leaving during peak hours, 85 trips entering in the afternoon/evening peak hours.  He discussed the intersections in the area & 2 driveways for project.  He stated that the vehicles the development will have passing through the intersections will not add any impact to the area.  There will be increased trips, but only 3%-6% on area roadways.  

A member of the Board clarified that there will be a total of 969 trips p/day; half in half out.  He asked if the 73 trips noted, is this exiting or both entering & exiting.  Mr. Dubay explained that it is 73 total trips (23 entering & 50 exiting) in the morning.  M. Martin asked if there is a similar ratio in the evening.  Mr. Dubay explained that 51 trips would be entering site & 34 trips exiting.  He discussed what is considered peak morning/evening hours which relate to the adjacent street.  Peak hours were from 4:15 P.M. – 5:15 P.M. & 7:30 P.M. & 8:30 P.M.  Discussion ensued.  Discussion ensued re:  estimates for trips per unit per day & standards utilized.

K.Ferriera questioned the level of service & that it indicates on some streets, the difference between build & no build by 2011, changes the level of service.  Mr.  Dubay discussed why it changes the level of service.  K.Ferreira noted concerns re:  Cranberry Highway getting so busy due to retail development (mall) & additional commercial development in this area.  He asked if the mall statistics relative to traffic & potential retail development were considered.  He feels the applicant’s study indicates that Tobey Rd./Main St. will have a level service of “F” which is stopped.  Mr. Dubay addressed their study.  He explained that the level of service deals w/ un-signalized intersections.  He discussed the level of service “F” as it relates to Tobey Rd. & Main St.  He discussed the average delay of eight seconds per vehicle at this approach (Tobey Rd./Main St.) for approx. 100 vehicles during peak hours.  K. Ferriera asked what would trigger a warrant for signalization at this intersection (level “F”).  Mr. Dubay stated you do not warrant a traffic signal on the basis of delay.  If the peak hour is multiplies itself over the entire day, this would warrant a signal.

Mr. Dubay stated the peak A.M. hours are 7:30 -8:30.  M. Scarsciotti asked how many cars of the 969 trips per day are anticipated to be residents of the project.  Mr. Dubay doesn’t have this figure.  M. Scarsciotti stated the information relative to trips per day & number of units at the project averages out to 11 cars per unit.  Mr. Dubay stated the numbers for the development are 834 total daily trips which is 417 entering & 417 exiting in accordance w/ the ITE trip generation rates.  Brief discussion ensued re:  ITE rates.

Present before the ZBA:	Joe Pistolla, Hancock Associates

Mr. Pistolla stated McMann Associates is the Town’s peer review traffic engineer.  McMann Associates has completed a review of the traffic study & prepared a graph.

McMann Associates have made comments that Mr. Pistolla proceeded to note.  With re:  to the study, it is preformed in accordance w/ the standards.  There are issues that need to be addressed further, for example, site entrances, speeds on Main St., level of service change, & need to study intersection at Tobey Rd./Main St. further, mainly queuing  of turns.  Other issues noted are related to the internal site, for example, the 18 ft. width neck down areas.  It is felt that traffic calming measures should be implemented re:  this & it is recommended that other traffic measures be looked at to widen the width.  There is need for clarification re:  on-site parking & potential build out of the area relative to traffic.  Brief discussion ensued.

K.Ferriera stated the Town has hired consultants to look & review all aspects of the project & residents concerns/comments are being taken into consideration by consultants as well.

Attorney Daley expressed concern re:  accessibility for rubbish removal, location of dumpsters, & how a rubbish truck can get in & maneuver at this site.  There is concern re:  snow removal & snow piles.  He asked if any templates are being utilized to show how a tractor trailer will negotiate the ponds w/in the perimeter w/out impeding parking areas.

Present before the ZBA:	A woman

The woman stated that at the last meeting,  it was stated that the ZBA would request representatives from the police, fire, ConCom, etc. to attend.  She asked if they have been notified.  K. Ferreira stated they were not necessarily asked to attend tonight’s meeting.  The ZBA’s consultant is trying to facilitate the proponents of the project meet w/ Town departments/representatives to explain the project & then offer time to respond, & then they will come to the public hearing to offer testimony so that their comments are public record.  He understands that presently, there has been contact w/ the BOS, ConCom, & Housing Partnership.  Brief discussion ensued.

Present before the ZBA:	A gentleman

A gentleman discussed concern re:  increased traffic on Rte 28 & people utilizing cut-throughs?????  K. Ferriera stated from downtown to the Rochester line there are only two routes (Cranberry Highway or Main St.).  Once people choose not to utilize Cranberry Highway due to the commercial development, people will utilize Main St.  The ZBA wants to make sure this project doesn’t create safety issues.

The gentleman discussed the left turn onto Main St. near the school zone & the 20 m.p.h. posting which will add to more backup.  Mr. Dubay addressed the 20 m.p.h. zone & the model is based on faster traffic.  He feels the level of service may be conservative w/ the 20 m.p.h.

Present before the ZBA:	A gentleman

The gentleman asked re:  school buses & the railroad bridge???  Mr. Dubay stated the level of service that was discussed is during peak hours & has nothing to do w/ the buses in the morning.  Re:  the railroad bridge, it is a hazardous area & obstacle.  It is recognized that traffic will move slower through this bridge area.  He spoke re:  the traffic on Main St. is non-stop & it won’t be stopped w/ this project.  The study offers a no-build scenario where this project is not built, but the mall is built.  Thus, the mall will have an impact on the intersection of Tobey Rd./Main St.  Discussion ensued.

Present before the ZBA:	Ellen ____________, Main St.

The woman stated it is her observation that w/ all the construction in the area of the train bridge _______________.  She understands there is a height restriction on the bridge & trucks have had to back up on the roadway because they can’t fit under the bridge.  It happens less often now, but there was a period of time where it was happening frequently.  She feels more of these trucks are utilizing GPS systems.  Brief discussion ensued.

Present before the ZBA:	A woman

The woman ______________________??????????

Present before the ZBA:	A gentleman, 907 Main St.

The gentleman stated there have been developments on the other side & accidents on the roadway.  People don’t realize how fast people drive in this area.  Weather conditions compound the problem.  He asked if the study included visitors to the development in the amount of trips per day.  K. Ferreira stated the study numbers are based on other projects similar in nature.  Discussion ensued re:  visitors & parking.  The gentleman asked how many days this observational study encompasses.  Mr. Dubay stated they count of Tues., Wed., & Thurs. to average times.  The study was done in October & the mall survey/studies were utilized as well.  He explained that this is mostly a residential project & they look at their data set (ITE) data.  The gentleman asked if other developments are taken into consideration on the road.  Mr. Dubay explained that this is done separately & they are take into account.

M.Scarsciotti asked re:  pedestrian traffic & no sidewalks & if they have contacted GATRA re:  proposed extension of bus service to this area.  Mr. Dubay stated this can be done (contact GATRA).

Present before the ZBA:	A woman

The woman asked if there are any proposals for sidewalks outside the development.  K. Ferreira stated there are no plans currently for this.  The woman stated that the study was conducted in October, when in the summer there is more traffic.  Mr. Dubay stated they looked at MA Highway’s permanent counting stations to account for the seasonal variations.  K. Ferriera noted that in the summer, the Town’s population doubles. 

A gentleman asked if consideration was made re:  how many children will be living in this development & walking to school under this bridge.  Mr. Dubay stated pedestrian circulation is not included in the traffic study to date, but they can address this.  K. Ferreira indicated that there are safety issues on the road & children will be utilizing this road to walk to, for example, the mall, baseball, etc.

M. Martin wants to make sure all relative departments in Town have been supplied plans & information re:  the project.   Mr. Dubay stated he could gather more data re:  number of children in the development & school attendance figures.  K. Ferreira feels this is a number the School Dept. would be interested in for future planning.  He noted the memo he sent to all Town boards, depts., etc. & what the memo said.

A gentleman asked for clarification of total number of trips in & out of project including the daycare.  K. Ferriera stated it is 969 trips.  The generation of the 80 second delay at Tobey Rd. & Main St. is for peak afternoon hour.  Further clarifications were made.

Attorney Freeman supplied those in attendance a copy of a presentation Mr. Fantoni will be making at the next meeting.  Discussion ensued re:  next meeting date, time, & if another meeting place can be established for further discussion.  The ZBA members concurred to have a meeting w/ Cornerstone on 12/27/06.

III.  		ADJOURNMENT

MOTION:	J. Cronan moved to continue the public hearing to December 27, 2006 in the Town Hall cafeteria at 7:30 P.M.  M. Scarsciotti seconded.

VOTE:  Unanimous (5-0-0)

Attest:  _________________________
	Kenneth Ferreira, Chairman

Date minutes approved:  _____________________
Date copy sent to Town Clerk:_____________________
Date copy sent to Wareham Free Library:  ____________________