The Marion Zoning Board of Appeals got its first look at the revised plan for Heron Cove Estates during the board’s January 27 public meeting.
Increased from 96 to 120 units, this iteration of Ken Steen’s proposed 40B, Local Initiative Program (LIP,) affordable housing project on Route 6 at the Weweantic River is the product of negotiations with the Marion Select Board, the conditions of which are binding as the ZBA goes through what is expected to be a lengthy vetting process. Without an extension, the board would have 180 days to keep the public hearing open.
In explaining the agreement to the ZBA members, Town Counsel Jon Witten made clear that while the Select Board’s conditions are binding to its endorsement in accordance with Section CMR-4500, the ZBA will ultimately decide whether to approve the project.
Armed with the coveted project-eligibility letter from the state Department of Housing and Community Development (DHCD,) Steen was on hand (virtually via Zoom) with his representatives, attorney Mark Bobrowski and design engineer Phil Cordeiro, to present a fresh, new application for the board’s consideration.
In highlighting major changes to what Steen described as “a rental community” (residents will not be homeowners,) Cordeiro compared before and after illustrations shared via his computer screen. The addition of 24 units occurs closest to Route 6, where a previous plan for a subdivision of single-family homes on either side of the boulevard entrance has been scrapped. A tennis/pickleball court has been added on the property’s perimeter, along with two areas to absorb stormwater runoff due to the increase in impervious square footage.
Once ZBA Chair Cynthia Callow opened the floor to the ZBA members, a variety of subjects was addressed such as procedural guidance on dealing with waiver requests (Will Tifft.)
Witten recommended addressing and voting on each waiver individually but also recommended holding off on deliberating waiver requests – there are 27 – until the ZBA hears back from peer review.
Member Margie Baldwin asked what the thinking is behind the 24-unit increase.
“In negotiations with the Select Board, the applicant was asked to take on some obligations with regards to the municipal sewage system. The 120 units are better suited for our end of the bargain,” explained Bobrowski, who further noted that under 40B rules and regulations, the affordable units are spread about the property, one for every three market-rate units. “They are not segregated in any particular area. … It’s very important under the Massachusetts Housing Program, DHCD’s Local Initiative Project (LIP) and the rules of the Housing Appeals Committee that no segregation of the affordable units take place.”
The project consists of 12 three-bedroom units (10 percent of the total, a 40B design requirement according to Bobrowski) situated among 38 triplex buildings otherwise containing 102 two-bedroom units. There are also three duplex buildings containing six two-bedroom units. The roads will remain private.
The displayed site plan appeared to show 40 garages that Cordeiro described as amenities. “It wouldn’t be an amenity if everybody had one,” he said.
Nilson asked if the developer has learned from Eversource what upgrades are necessary regarding electric and gas.
“In terms of Eversource electric, adequate power is available along Route 6 from what we were told a little over a year ago, maybe even longer than that,” said Steen. “There is actually no gas that services this area so we are contemplating as to whether or not we’re going to go with propane heat or we’re going to go with electric, high-efficiency heat pumps, which is somewhat the rage these days in terms of green building and emissions.”
There will be no natural gas so the project will be heated by electric heat pumps and/or propane.
Steen said there is no connection between heat pumps and solar. “I can tell you we wouldn’t be looking at solar in any way, shape or form at this point, that’s for darn sure,” he said.
Because of several board members’ lack of familiarity with the project history, peer review was discussed in some detail.
ZBA member Dana Nilson asked if the board has received the money it would pay out to peer-review consultants. Steen has an escrow account with the Town of Marion to which he planned to deposit $6,500 on January 28 in order to achieve a $10,000 balance. Steen has other money ($61,000) in the account that has been allocated to water-and-sewer studies, including supplemental studies taken up by the Select Board as part of the LIP agreement between the two parties.
After Nilson suggested the board take “a serious amount of time” to get the best possible resources for peer review, Bobrowski insisted that the ZBA had already received peer-review funds for the 96-unit application (since withdrawn in favor of the 120-unit application) and hired Andover-based Vanasse & Associates Inc. for a traffic study, Merrill Associates for civil engineering and used the Marion Department of Public Works to examine stormwater.
“Those (studies) are largely done and just need to be updated so I’m urging the board to be respectful of the process that’s already taken place,” said Bobrowski. “I’m not hearing any complaints from any member about the job they did. The bills were paid, and that speaks for itself. If you need to go elsewhere for something like architectural or another discipline that hasn’t spoken in yet, feel free. We’ll work with you to make whatever accommodation we can, but please be mindful of the fact that this work is 96/120th’s done.”
The board eventually voted to retain Vanasse (traffic) and Merrill (civil) as peer-review consultants, and Bobrowski and Witten agreed it would work best to focus the meetings inasmuch as possible and interview peer-review consultants in stages.
The stickiest point of the conversation was about water metering.
During the public hearing for Heron Cove, Callow pointed out the detail in the “pro forma” (project narrative) that each unit’s water consumption would be individually metered and asked if that has been approved or is being negotiated.
“It’s imperative economically for these units to have individual services with individual meters,” said Steen, noting that water metering was discussed with the Select Board. “It hasn’t been approved; it’s obviously the (ZBA’s) decision. It’s listed as one of the waivers, but I can tell you without that relief, this project will not go forward.”
In the recent case of Marion Village Estates (a Steen project,) Bobrowski asserted that the town had originally agreed to charge the longstanding project for water according to the lowest pricing tier. The town later added tiers and, since MVE’s three meters were each accounting for 20 units’ usage, the project has been charged according to the highest pricing tier based on the meters’ usage records.
Tifft empathized with Steen’s plight in the members’ post-hearing discussion, but Callow disagreed and so did others.
During an animated conversation among the membership after the public hearing had been continued to February 24, Nilson said the Steen can meter the water on his own and spread the cost over 30 years, for instance, “and he’d get it back as opposed to the town losing that water money. We should get the tiered rate because of the use; how it’s metered should not be our problem.”
In the aftermath of that discussion, Nilson asked the members if Heron Cove should be conditioned that it cannot be turned into a condo association.
Before adjournment, Callow would tell the ZBA members that she would be attending “conference of counsel” the next day to hear Bobrowski and Witten discuss Steen’s stipulation for single-unit water metering.
“Wait ’til you see the binder and all the waivers that he wants. He doesn’t even want to put erosion control,” said Callow.
Transportation was also discussed in the hearing, and Cordeiro explained from conversation with ORR School District administration that bus entry into private areas is problematic so he showed on the site plan a bus shelter for students along Route 6.
Dr. Ed Hoffer, a ZBA member, noted that a bus route along Route 6 stops in two places in Marion but is seldom used by Marion residents.
The main boulevard entrance has two, 20-foot, divided lanes to ensure that events will not block emergency access.
The board voted to continue the public hearing to Thursday, February 24, at 6:30 pm.
Three other cases were discussed, two in public hearings.
Dustan McGlinn, the former owner at 176 Wareham Street was denied a variance from Section 230-5.1 of the Marion Zoning Bylaws to allow a nonconforming deck. Representing the new owner, Heidi Nye told the ZBA that the deck had already been cut back, and John Romanelli of New Bedford-based Zenith Land Surveyors told the ZBA that the deck now stands 10.1 feet back of the rear lot line and conforms to the setback requirement. Romanelli represented abutter Veronica Williams.
George and Jean Linzee, 460 Front Street, were voted a special permit for construction of a 416 square-foot accessory apartment.
Jay Flanagan, 26 West Avenue, was denied a variance to allow a public entry 4 feet closer to the street and was also denied a special permit to allow an extension of a non-conforming garage.
The next meeting of the Marion ZBA is scheduled for Thursday, February 10, at 6:30 pm.
Marion Zoning Board of Appeals
By Mick Colageo