Officials and developer still arguing over number of 'affordable' units in 96-unit Marion project

Mar 23, 2012

When the Marion Zoning Board of Appeals last met on March 8, Chair Bob Wedge said that after 11 years of modifications, Bay Watch Realty’s affordable housing project was “making progress.”

On March 22, the board postponed its decision to vote on the project, due to disagreement over the number of affordable housing units in the 96-unit development.

The developer’s plans include 60 apartments to be rented at below-market rates to tenants who meet income restrictions and qualifications, and 36 single-family homes for sale at market value.

The Board of Selectmen has requested that nine of the single-family homes be made “affordable,” using criteria similar to what will be used for the apartments.

Representatives from Bay Watch Realty have offered to make two of the single-family homes affordable.

Bay Watch is seeking to build the project off Route 105, just north of Route 6, under the state’s “40B” affordable housing law.

The statute allows a developer to avoid many local zoning restrictions if a defined portion of the units to be constructed are sold or rented at below-market costs to people who meet certain income and asset requirements.

On March 22, Wedge suggested a compromise of seven affordable single-family units.

Ken Steen, a representative from Bay Watch, argued that seven units would not be “practical.”

Steen said construction will be costly, as it includes building a bridge over wetlands and a road.

“Between the bridge and the road, we’re looking at a $2 million cost,” he said. “So, if you ask us to commit to seven homes, I cannot do this.”

Wedge said he needed more information.

“Right now, I’m at a disadvantage because I have nothing to draw from,” he said.

“I don’t know what’s realistic and what’s not. Anyone would be a fool to try to negotiate with this now. I’d like to look at some numbers.”

At the suggestion of Bay Watch attorney Ted Regnante, the board agreed to meet on April 2 after reviewing additional financial information to negotiate a number of affordable housing units.

The next scheduled public hearing with Bay Watch Realty will be April 5.

At the March 22 meeting, Steen also addressed safety concerns raised during the previous hearing on March 8.

Building Commissioner Scott Shippey and Fire Department Chief Thomas Joyce had asked that Bay Watch Realty include two emergency exits.

The developer complied.

Steen said that he has a “handshake agreement” with abutter Sherman Briggs to include an emergency exit off of Brigg’s property.

And, in response to previously voiced concerns about school bus safety, Steen said the Old Rochester Regional School District’s transportation provider, Braga Transportation, has agreed to provide a school bus stop on a cul-de-sac inside the development.

He said he hoped the board would consider drafting its formal decision on the project following the April 5 hearing.

“I think we got through most of the issues at this point,” Steen said. “We’re pretty close.”