ZBA expects to end Hearings
Published on January 21st, 2004
STONEHAM, MA - The town's Zoning Board of Appeals (ZBA) expects to wrap up two hearings that have been continued for months within the next few weeks.
Expecting to close hearings for both Sprint Spectrum's request for a variance to place cell-antennas on 159 Franklin Street and Malden's Republic Properties 40B proposal for 16 condominium units on Christopher Street, the ZBA will squeeze in both hearings on Thursday Jan. 29.
Last Thursday, opponents of Christopher Street's 40B project submitted their final pieces of evidence to the ZBA, including a document claiming that the town has met its state mandated level of affordable housing.
"We have supplied the Zoning Board with evidence that we believe shows the town has satisfied the threshold of having affordable housing on 1.5 percent of the total land zoned for commercial, industrial or residential use," commented Anderson & Kreiger attorney Daniel Hill, who represents nearly 100 neighbors abutting the proposed development.
"Our hope is that the board will look at the report, review it and if satisfied that we calculated this correctly, deny the project," Hill added.
While ZBA Chairman William Sullivan verified that his board had received that report and would deny the project if the figures deemed correct, he expressed his frustration with receiving the dense report so late in the game.
"That is something that the attorney gave us, that's just his opinion. If the figures are correct, I suppose we wouldn't have to worry about the 40B application period," Sullivan remarked.
"To bring something like that in front of us a year later is bad; it will be reviewed, it's not like we're discounting it, but we're not barristers here," Sullivan added.
Chapter 40B is a state statute meant to encourage the proliferation of affordable housing throughout the commonwealth. According to the law, if a community's total percentage of affordable housing is less than 10 percent, developers can skirt some local zoning laws if they promise to dedicate a quarter of any residential project to affordable housing.
While the neighbors' report admits that Stoneham falls far short of that 10 percent mandate with only 5.35 percent of its housing units being affordable, the document's findings hinge on a less known section of the affordable housing law.
Specifically, the report contends that if 1.5 percent or more of a community's total developable land is defined as affordable, then that city or town has met its affordable housing guidelines.
"Once a community meets the 10 percent or 1.5 percent benchmark, it can regain control of its destiny, freeing itself from the shackles of the comprehensive permit process," the report reads.
"1.5 percent of the total land area in Stoneham that is zoned for residential, commercial, or industrial use is already occupied by qualified affordable housing. As such, the town has met the second statutory threshold, and any decision to deny a comprehensive permit...is insulated from appeal by the applicant," the document concludes.
Hill also submitted a six-page letter from Encon, an engineering firm hired by the neighbors to review the petitioners design plans.
While the report raises many concerns about the petitioner's proposed drainage system and about possible signs of wetlands on the site, Sullivan sees the report as a differing professional opinion.
"His engineer disagreed with certain aspects of the design and he was concerned with the buoyancy of the storage tank...But you can hire somebody to tell you the sky is pink and another person to say the sky is orange. They're all just differing professional opinions," said Sullivan.
While both proponents and opponents of the project wanted to close the hearing on Thursday, ZBA members overruled the request, voting to continue the hearing until Jan. 29.
Subscribe and get Home Delivery of The Independent
Save 36% off the newstand price — that's like 18 FREE issues!