By Carol Britton Meyer

After reviewing the proposal for a four-story, 12-unit condominium development in the Rockaway Annex neighborhood since last August, the zoning board of appeals approved the project by a 2-1 vote Tuesday night.

However, an unresolved access easement issue could halt the plans for 25 Ipswich Street, which is being proposed under the state’s Chapter 40B comprehensive permit process. The ZBA vote came after the board wrapped up the final details of its written decision, related conditions, and waivers requested by the developer.

ZBA member Richard Hennessey voted against the project and didn’t hold back on expressing his opposition.

“Nothing personal, but this is a terrible project that doesn’t benefit the town,” he said. “It benefits the developer, and I find it to be a detriment to the neighborhood and its occupants. I don’t like it one bit.”

“Many members of the public and town folks are against this project, and I want it to be known that their voices have been heard and that I feel terrible about it,” he said.

Unlike most ZBA votes, those related to comprehensive permits are not required to be unanimous.

‘I’m certainly disappointed’

ZBA member Ed Parsons had concerns of his own but said he decided to vote “yes” because of the affordable housing component.

After Hennessey voted no, ZBA Chair Patrick Finn asked him if he would accept a motion to reconsider in order “to make the vote unanimous.”

“No,” was Hennessey’s reply, to which Finn responded, “I’m certainly disappointed.”

Town Counsel Brian Winner noted that “this is the first stop in a very long process. Alot of this is conceptual.”

The Residences at Rockaway, proposed by developer and Hull resident 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 ratio of affordable units is 1.6%, according to the state’s formula.

‘I wouldn’t want to be in your shoes’

Before the expected affirmative vote was taken, Finn told the development team: “This is not as cut and dried as yes, good luck, you’re all set, but proceed at your own risk is essentially how I look at my favorable vote. Please do your due diligence to see if this is even doable financially and legal-wise. It’s a lot, I think, and a risk, and I wouldn’t want to be in your shoes.”

Finn was referring, in part, to the unresolved issue of an access easement over the neighboring property at 20 Ipswich St. that is necessary to carry out the current development proposal.

The developer had planned to use the easement as an alternative access road 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 the easement.

Lawyers for the abutters have submitted letters describing the easement as void because it was not properly filed at the Plymouth County Registry of Deeds.

In response to a question from a ZBA member, Winner explained what would happen if the easement issue is not resolved.

“If the determination is made that the developer has no right to the easement, they will have to decide what they want to do with this project and conditions in the decision,” he said. “If they can’t build the development as proposed and approved, all bets are off and they could [present] plan B if they want to, which has not been vetted by the ZBA.”

Changing plans would trigger another separate review process.

Controversial process

Dean Harrison, housing consultant for the developer, said after the vote that while he hoped it would be a unanimous decision, “We do understand that this is a very controversial process. I don’t see anyone coming out of this as the overall winner except for the people who get to live in this housing, which will be a high-quality product that [the town] will be proud of once it’s done.”

“We’ll be back in front of you with good news, bad news… ” he said in closing out his remarks at the end of the meeting.

Earlier, Finn remarked that the process must be “stressful [to the developer] as a Hull resident doing something that has never done before,” referring to this being the only approved Chapter 40B project in the town’s history. “It’s like reinventing the wheel.”

Visit the online version of this story for more details on this project, including reports, plans, and architectural renderings.

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

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