Zoning Board of Appeals, January 15, 2015-FISHER TERRACE PHASE II
TOWN OF HOLDEN
ZONING BOARD OF APPEALS
FISHER TERRACE PHASE II CASE NO. 40B0105A
The Zoning Board of Appeals held a public hearing on Thursday, January 15, 2015 at 7:00 p.m. in Memorial Hall in the Town Hall on the Application of Fisher Terrace, LLC for property located on the easterly side of Fisher Road Assessing Map 243 Parcel 17. The applicant has submitted an amendment to an existing Comprehensive Permit under Chapter 40B, for an affordable housing development referred to as Fisher Terrace. Fisher Terrace, Phase II is proposing an additional 12 condominium units on 4.3 acres for a project total of 44 units on 14.3 acres.
Members in attendance: R. Spakauskas, R. Fraser, J. Deignan, F. Lonardo and R. Butler.
It was noted that four (4) letters from town staff have been received concerning this project.
R. Fraser commented that back in May 2014 the applicant came before the Board at which time there were several outstanding issues – there are still outstanding issues!
Mr. Paul Cusson, an Affordable Housing Consultant from Delphic Associates, representing Fisher Terrace, addressed the Board. The Applicant is requesting an amendment to Fisher Terrace which was originally approved for 32 units of which 8 were affordable. They are proposing an additional 12 condominium units, of which 3 will be affordable, for a total of 11 affordable units. It also includes additional land area for a duplex unit (#11 and #12), which will be relocated from Phase I to Phase II.
P. Harding, Town Planner/Conservation Agent, asked the applicant the status of the lottery. Mr. Cusson said they had a lottery and did substantial advertising, but received no applications. They will be now going on a ‘first come, first serve’ basis. Seven units have been sold, 2 of which are affordable. Five market rate units are presently being rented. Units #1, #2 and #3 are 80% complete, #28 and #29 are 30% complete. Units #11 and #12 have not been built.
F. Lonardo asked if this project had Town water; it was answered yes.
Mr. Cusson said there still remains substantial issues with the Conservation Commission and they will only return to the Zoning Board of Appeals if the changes meet with the Conservation Commission approval.
P. Harding said one of the major issues is the large sink hole in the middle of the road.
R. Fraser said if they want to move units from Phase I to Phase II, the Board should first look at the issues that currently remain outstanding from Phase I. There have been major outstanding issues since 2013!
F. Lonardo said he would need to know from town staff the issues outstanding from Phase I and felt he could not make a decision this evening with all these outstanding issues. Mr. Cusson responded that most of the items have been addressed except the sink hole.
R. Fraser felt that based on outstanding items, this hearing can only be continued.
Mr. Cusson asked that the Board approve this with a condition that Phase II will not begin until Phase I is complete.
Mr. Cusson asked about possible workshop meetings with Town staff; P. Harding said these were done at the original time of submission in 2013.
Mr. Iqbal Ali, Crescent Builders, also representing Fisher Terrace asked for a one month continuance. P. Harding thought this would be a little optimistic considering new plans have to be submitted and didn’t feel it could be done in 30 days.
R. Spakauskas said the Board wants to understand the issues of Phase I. Mr. Cusson said there was a punch list on Phase I. P. Harding said an updated punch list was never received from the applicant.
R. Spakauskas said he would like to see the punch list done between the applicant and Town staff before going on to Phase II.
R. Fraser suggested a 90-day continuance; he does not want to see anything outstanding from Phase I.
Arlene Swirsky, 90 Fisher Road, Unit #16 asked the applicant why they were moving two units and asked that they indicate on the plan the location of the sink hole.
Chris Barry, 32 Fisher Road, expressed concerns with open excavation on Fisher Road and felt it was a safety issue. He also added that the buildings are never secured. The applicant does not appear to be making any progress; however, they work 7 days a week. P. Harding said that the original decision specified no work on Sundays. R. Spakauskas asked that this problem be referred to Dennis Lipka, Building Commissioner.
The applicant asked the Board to accept his written request that this hearing be continued to the next ZBA meeting of February 19th at 7:00 p.m. F. Lonardo made a motion to accept the request to continue to February 19th at 7:00 p.m. J. Deignan seconded. Vote 4-1, motion approved. R. Fraser was opposed.
The meeting was adjourned at 8:00 p.m.
___________________________________________
Ronald E. Spakauskas, Chairman