SWAMPSCOTT — The Zoning Board of Appeals (ZBA) will announce its decision on the Chapter 40B Elm Place housing project on May 24, after an initial discussion on its outlook Monday.
“I think that we have heard enough evidence in this case,” said Marc Kornitsky, chair of the ZBA. “If we don’t decide this case by June 12, the petitioner could get an approval without conditions.”
The Board kept the public hearing session open until May 24 after the petitioner – WinnDevelopment – announced additional improvements to the project.
The developer proposed to increase the easement for the Rail Trail to 25 feet by additionally reducing the number of units from 120 to 114 and losing four parking spaces near the apartment building. WinnDevelopment also suggested reserving five parallel parking spots for the residents of Pitman Road.
To remediate the parking situation for the future Elm Place residents, the developer had negotiated additional 14 parking spaces at the would-be satellite lot at 27 Elm Place bringing the total number of parking spaces to 131, which increased the parking ratio from 1.06 to 1.15 per unit.
“We do think that we have come a long way, reducing the number of units by 11 percent, and finding a lot of creative ways to increase the parking,” said Angela Gile, project director.
The ZBA also listened to additional opinions from the public in favor and against the project, asked peer reviewers clarifying questions and heard comments from the Affordable Housing Trust presented by the Chair Kimberly Martin-Epstein.
“The Affordable Housing Trust believes that Elm Place would be a credit to the community that the Affordable Housing Trust can enthusiastically support,” said Martin-Epstein. “The trust really encourages WinnDevelopment and the town to resolve any remaining density, parking, Rail Trail and other engineering issues in a manner so as to ensure that the project can have the support it needs to move forward.”
Attorney Daniel Hill, hired by the abutters, raised several issues that he said concerned him about the project, including ability of the existing sewerage to support the future apartment building, adequacy of the fire safety plan and ways to ensure that the developer upholds the conditions outlined in the ZBA final decision.
Kornitsky encouraged his colleagues to do a “straw vote” by publicly rationalizing their thinking. He said, at least three ZBA members need to vote in favor of the project, In order for Elm Place to be approved by the board.
“I believe the need is so apparent for affordable housing, that the reasons that we can come up with to deny it are limited,” said Bradley Croft.
He said that he had had concerns about parking and the size of the project was big, but in and of itself the size was not a reason to vote against Elm Place, in his opinion.
Paula Pearce said that she was not happy about the size of the project but the petitioner has met the criteria and because of the affordable housing she would vote affirmatively.
“The recent changes have swayed me,” said Heather Roman.
She was satisfied with the updated parking plan, especially for Pitman road residents, the Rail Trail solution and additional open space created by the reduction of the total units number.
“I have looked myself personally to do what I can to protect your interests with the limited jurisdiction that we have,” said Kornitsky addressing the public and referring to the fact that the ZBA cannot refuse a comprehensive permit for a 40B project unless there are valid health and safety concerns that outweigh the town’s need for housing.
Kornitsky said that based on his almost 30 years of experience as a litigator, if he would push the board to deny the project, the ZBA decision would still be overturned on appeal.
“It would be built much worse than what we could get through a negotiation of conditions,” said Kornitsky.”So it is reluctant that I look at this as a “yes” vote.”
The ZBA decided that it will review the draft decision with conditions and waivers that WinnDevelopment would need to abide by and take a formal vote at the next meeting.
“We are pleased to have satisfied the Town’s peer review experts and to have arrived at the brink of a final decision,” said WinnDevelopment in a statement after the meeting. We appreciate the patient, thoughtful consideration the ZBA has shown during this process. The delay in final approval does not change the fact that Elm Place is a safe, well-designed apartment community that will bring much-needed, transit-oriented, mixed-income housing to Swampscott.”
Alena Kuzub can be reached at [email protected].
