Access easement unresolved as Rockaway Annex condos inch closer to ZBA approval

By Carol Britton Meyer

The zoning board of appeals this week again discussed the 21-page draft decision with conditions for the proposed comprehensive permit development at 25 Ipswich Street in the Rockaway Annex neighborhood, crafted by Town Counsel Brian Winner and ZBA project consultant Joseph Peznola.

Rendering of the proposed RESIDENCES AT ROCKAWAY.

Winner went over the latest draft in great detail – including his own changes and those suggested by the development team since the earlier draft was shared.

While Tuesday’s meeting was open to the public, no public comments were accepted since the hearing was closed on April 15.

The proposed conditions relate resolution of an issue regarding an easement over the neighboring property at 20 Ipswich Street and recommendations from Hull Fire Chief Chris Russo.

The developer had planned to use the easement as an alternative access road to the proposed development and for the installation of utilities to service the project, but the property owner is opposed to this plan and has challenged the validity of easement. Lawyers for the abutter have submitted letters describing the easement as void because it was not properly filed at the Plymouth County Registry of Deeds.

If the easement issue is not resolved, the developer has the right to present an alternate layout plan later in the process.

Click here for the draft decision and other documents about this project

The Residences at Rockaway, proposed by developer Alan Mckenzie, includes six modular, townhouse-style buildings with two units each set on a .63-acre, single-family-zoned lot. Three units would be affordable. Parking would be in garages under the units and in the driveways.

The comprehensive permit process, more commonly known as Chapter 40B, allows developers to circumvent most local regulations in exchange for an affordable housing component if the town has less than 10% of its housing units designated affordable. Hull’s current percentage of affordable units is 1.6%, according to the state’s formula.

The draft decision also addresses:

• A blasting plan regarding the removal of ledge on the site

• Stormwater pollution prevention plan

• Traffic management plan

• Erosion control plan

• Construction mitigation plan requiring prior approval of the fire and police departments for traffic flow and emergency vehicle access along any partially constructed driveways within the project. Trucking routes must be approved by the police department, and there must be at least 18-foot-wide access to the site from both Salisbury and Truro streets

RENDERING OF THE PROPOSED RESIDENCES AT ROCKAWAY.

The draft decision also requires the applicant to follow the recommendations of the fire chief for emergency vehicle access, a sprinkler system, building layout, fire flow, a fire hydrant at the corner of the easement and North Truro Street, and proper turn radius for Hull Fire Department trucks.

Another requirement is that the overhead utility lines for the buildings be moved underground to limit further hindrance “to this congested area” during potential firefighting operations, and relocation of the utility pole in the Ipswich Street right-of-way.

Also, the affordable units cannot be substantially different in size or exterior appearance from the market-rate units. There will be a lottery for the affordable units, including a local preference component.

Winner also reviewed the waiver list for the board’s consideration, including frontage, front, rear, and side setbacks, minimum lot width, maximum buildings per lot, and maximum building height, among others.

The board has 40 days from the closing of the hearing on April 15 – until May 23 – to review the document and make a final decision with conditions.

The ZBA will meet again, tentatively on May 12, to discuss and likely vote on the final draft that will include the changes presented by Winner.

“We got a lot done tonight,” said ZBA Chair Patrick Finn.

A replay of the meeting will be available on demand at Hull Community Television’s website, www.hulltv.net.


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