1976-01-08 - Laserfiche WebLink

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1 1 BOARD OF APPEALS January 8, 1976 Prior to regularly scheduled hearings for January 8, 1976 a meeting was held in the Selectmen's Meeting Room of the Town Office Building. At 7:20 p.m. regular and associate members, as listed below, were present for a photograph for the Annual Town Report and to sign an acknowledgment of receipt of a copy of the Open Meeting Law from Mary R. McDonough, Town Clerk. Regular Members Associate Members Donald E. Nickerson, Chairman Robert Cataldo George P. Wadsworth, Vice -Chairman Haskell W. Reed Woodruff M. Brodhead Thomas G. Taylor Ruth Morey Irving H. Mabee Not present: r,. Logan Clarke, Jr. Robert M. Gary Natalie H. Riffin Also present at 7:20 p.m. were Town Counsel, Norman Cohen, and Building Commissioner, Donald K. Irwin, both at the Chairman's request, for the purpose of discussing an issue raised by Mr. Cataldo as to whether the building permit held by the Planning Office for Urban Affairs, Inc, was properly issued or not by the town's building department. Background The Planning Office for Urban Affairs, Inc. petitioned the Board of Appeals to construct 16 townhouses for low and moderate income families on a 2.5 acre parcel of land abutting St. Brigid's Church. A hearing was held by the Board of Appeals and the permit was denied by the board on August 7, 1973. This denial was overturned by the State Housing Appeals Committee on August 29, 1974. The Housing Appeals Committee decision was upheld, in turn, by the Superior Court on February 27, 1975, Justice Raymond R. Cross presiding. The Judge's order and the comprehensive permit subsequently issued by the Board of Appeals were both made subject to certain conditions (exactly the same). The condition which Mr. Cataldo and others felt had not been met reads as follows: "Prior to final financial commitment, the Massachusetts Housing Finance Agency shall as part of its project review, comply with the requirements of the Massachusetts Environmental Policy Act, General Laws, Chapter 30, subsections 61-62." No environmental statement has been issued since the Judge's order in February 1975, or the Board's comprehensive permit in May, 1975. As a result, a majority of the Board has concluded that the Planning Office of Urban Affairs, Inc. has not complied with its conditional approval and that a building permit obtained from the town was issued prematurely. It is claimed that the MHFA, as part of its normal processing of the Plan- ning Office application, investigated the potential impact of the project on ' the environment and determined that its impact was not significant and that an environmental impact report was not required, a so-called negative assessment. On January 3, 1974, the Secretary of Environmental Affairs concurred in the negative assessment determination by MHFA,apparently, and a loan closing