SAUGUS — It was announced at Thursday night’s Zoning Board of Appeals meeting that the Massachusetts Executive Office of Housing and Livable Communities upheld the Board’s decision to impose safe harbor on the plans for apartments at 20 Rear Bennett Highway, 29 Hood St., 0 Mildred St., and 0 Goldie St.
The apartments would fall under Chapter 40B, with 25% of the units being perpetually restricted as affordable housing units at 80% Area Median Income. Plans would total approximately 7.28 acres at the old Weylu’s property.
At the Board’s Jan. 22 meeting, Town Counsel John Vasapolli had written a letter recommending that the Board invoke safe harbor. This allows a municipality to temporarily deny or restrict comprehensive permit applications for affordable housing developments without facing state-level appeals.
“We’re moving right along with that. They upheld it. Now, the petitioner still has a 20-day period in which they can appeal that decision,” Board Chair Tom Traverse said.
Special Town Counsel Jesse Schomer confirmed that he had spoken with the developer’s counsel, who advised him that the client is likely to appeal the decision.
Now, the developer has until April 7 to appeal the decision, and a continuance cannot be requested.
If the developer appeals the decision, it would go to the State Housing Appeals Committee, and the process would take six to nine months to reach a decision, according to Schomer.
If the safe harbor claim prevails, the matter is returned to the Board, and it could deny the project. However, if the developer prevails, the matter is remanded to the Board, and the public hearing continues.
Residents asked about the covenant discussed at the January meeting, which states that the area’s streets cannot be accessed. Traverse stated that the covenant would be looked at more closely if the developer prevails.
