Table of Contents
Town officials have approved waivers of regulations for a residential/commercial development project at Washington and Swanton streets.
The Zoning Board of Appeals (ZBA) on March 19 approved the waivers for a 40B project at 278-292 Washington St. and 12 and 16-20 Swanton St. in a special meeting preceding a regular meeting.
“To move it forward, we needed to come to a consensus on the waivers,” ZBA Chair Dorothy Simboli said. “We need to agree on this to move the project forward.”
“We’re happy with the way it went,” said developer Bryan Melanson, of Melanson Development Group, after the meeting.
Another meeting was scheduled for March 26 to accommodate members’ schedules to review a draft being written by Town Counsel Karis North, but she is satisfied the waivers “are consistent with the types of things we see in these types of projects.”
Another meeting may be scheduled for early April. It, like the March 26 meeting, is expected to be a short meeting to formally approve the waivers.
Massachusetts General Law (MGL) 40B is the so-called “Comprehensive Permit Act” or anti-snob zoning, which eliminates separate permits for developers from various boards in favor of one permit from a community ZBA in order to promote affordable housing.
They are not required to comply with height limitations, required distances from property boundaries, how much green space must be left on a parcel, how many parking spaces must be provided, and other criteria.
They are even allowed certain latitudes with building ordinances such as solar and net zero requirements. In exchange for 20-25 percent affordable housing, a 40B development is able to sidestep zoning ordinances and municipal requirements.
The state has imposed a 10% threshold of affordable housing for communities to avoid 40B. Safe Harbor is a term to describe the protections a community enjoys when in compliance with the state requirement of affordable housing.
An incentive to communities is that all rental units, regardless of their affordability, count as affordable units in calculations as to whether it meets the threshold for Safe Harbor.
The site will have 45 one-bedroom units, 12 two-bedroom units and 7 three-bedroom units. Sixteen units will be affordable.
The building will be three stories at 45 feet in height with a street address of 292 Washington.
The nature of commercial space is still undetermined. Melanson said some type of convenient store is a possibility.
Given the nature of 40B, most of the waivers were broad in nature.
“A waiver is sought to permit the project as defined and as detailed on project plans as it is not permitted under the bylaws,” read many of the waivers.
Another read, “The applicant seeks a waiver from all future amendments to the Code of Bylaws and requested the project be subject to the language in effect as of the date of filing, with exceptions to the waiver be listed.”
“We want to make sure in getting a 40B we’re not going through a site plan process,” Melanson’s attorney Mark Vaughan explained.
There will be reviews by the state Housing Partnership Board about affordable units, however.
“If we don’t waive the big umbrella portion, there’s a risk of someone challenging the project based on some nuance we haven’t picked up on,” Simboli added.
ZBA member Mark Anderson called it a belt and suspenders action “so we’re not leaving anything out.”
Some waivers were specific, including those waiving the local stormwater regulations, but mentioning compliance with state regulations and calling for consistency with the 2022 town Land Development Agreement (LDA) with Melanson, specifically the transferability or lack thereof.
“He can’t sell the permit to someone else,” North explained.
ZBA member David Feigenbaum voiced some objections during discussion based on the overarching nature of most of the waivers.
“I don’t know what we’re waiving,” he confessed.
“They’re asking to waive general use regulations,” Simboli told him.
“If we don’t waive them, you can’t go forward with the project,” Anderson added.
North also reassured him “all the plans and documents will be included in the decision and become part of the Comprehensive Plan. You’ll have all the information as far as I can tell.”
Apparently satisfied, Feigenbaum motioned for the waivers to be approved.
Neil Zolot has been a freelance journalist more than 40 years. He has worked for newspapers on the North Shore and in the Boston area.
