Scheduled:
7:00 PM Overview of Chapter 43D: Priority Development Sites Mark Raccicot-
Metropolitan Area Planning Commission
8:00 PM
Unscheduled: Old/New Business
Minutes/Bills
Review of New Draft Zoning Map
Update on Scheduled and Proposed Roadwork
___________________________
RE: Overview of Chapter 43D: Priority Development Sites Mark Raccicot-Metropolitan Area Planning Commission
The Board was joined by members of the HDIC, Richard Innes, Jerry Seelen and Irma Lauter of the Advisory Committee, Selectmen Bruce Rabuffo, Jim Bristol and Carl Erickon, Bristol Brothers Development, and Buzz Constable, A.W. Perry.
Mark Raccicot of MAPC and Anna Marie Kirsten of the Massachusetts Office of Business Development provided the Board with an informational session on Massachusetts General Law Chapter 43D, which was signed into law on August 2, 2006 in order to promote economic development in Massachusetts. The law allows communities to designate specific “Priority Development Sites” and commit to expedited permitting for proposed non-residential development on such sites. In exchange for doing so, the municipality would be eligible for certain grant funds, and state assistance marketing the site to developers. At this point, however, in light of the current state budget shortfall, it is unclear whether the technical assistance funds would actually be available in FY ‘2010.
Mr. Raccicot described the process for applying for status as a 43-D Priority Development Site. Ms. Kirsten outlined the ways in which the State Office of Economic Development would assist the community in marketing the site.
Board members discussed the potential application of such a program in the South Hingham Development Overlay District, which has been zoned for commercial development for decades, but suffers from lack of infrastructure including water, sewer, and traffic capacity. They noted the timing challenges presented by the fact that before the Town would be ready to designate an area for priority development site, they would need additional pre-development information, feasibility analysis, and revised zoning for some of the parcels in this area.
RE:
The Board was joined by Attorney John Kalish, representing Ridgewood Partners; Eileen Richards, realtor; Attorney Chris Pitt, representing the buyers, and the two buyers J.R. Curley and Nicole Maheu.
The buyers, who are in their thirties, are seeking to buy a home in Ridgewood Crossing, a condominium development targeted for residents over 55 years of age. At an earlier meeting on
“The Board confirmed that, to the extent the sale to, and occupancy by persons younger than 55 years of age is consistent with applicable law, including, without limitation, the Housing for Older Persons Act of 1995, the Special Permit A3, dated June 17, 2004 and Subdivision Approval, dated November 15, 2004 for Ridgewood Crossing, do not prohibit such sales and occupancy.”
At this hearing Attorney Pitt, on behalf of the proposed buyers, argued that this letter did not sufficiently protect the buyers, stating that unless the actual permit were modified, it would be difficult for them to get a mortgage, or resell the house to an under 55 buyer in the future. He suggested that the Board modify the permit to add a new condition which clearly states that the Special Permit A3 does not prohibit occupancy of units within the development by persons younger than 55 of age to the extent that such occupancy is consistent with applicable law, including without limitation the federal Fair Housing Act and HOPA. Mr. Pitt went on to say that he felt that this was largely an administrative change, and could be considered a minor modification, with no requirement for public notice.
Ms. Murphy explained that she had reviewed the relevant provisions of the Fair Housing Law and the Housing for Older Persons Act (HOPA), as well as the actual Declaration of Trust and Master Deed for Ridgewood Crossing. Based on this review, she felt that it was clearly the intention of the developer that this project be age-restricted, and noted that all precautions had been taken to ensure that this project would remain age restricted. She also conceded that the permits issued by the Planning Board, while not including specific conditions or restrictions that the project be age restricted, were clear in describing this as a development targeted towards older residents. Because of this, while she had nothing against the thought of a younger couple moving in here, she felt strongly that that if they were going to modify the Special Permit to officially allow for younger residents, the other residents in the development should be made fully aware of this through a properly noticed public hearing, or, at the least, a letter signed by all current residents within the development.
Attorney Kalish agreed to return to the Board to after meeting with the developer and all residents at
RE: Old/New Business
Minutes/Bills
It was moved, seconded, and SO VOTED, unanimously, by those present to accept the minutes of
Review of New Draft Zoning Map
Ms. Lacy informed the Board that the zoning map was being updated using a base generated from the Town’s new GIS system.
Update on Scheduled and Proposed Roadwork
The Board reviewed draft plans for modifications to the Hingham Rotary, and the list of scheduled roadway maintenance for 2009, which is generated annually as part of a five-year roadway maintenance schedule.
The meeting adjourned at
Respectfully submitted,
Katy Lacy
Town Planner