by Frank Schroth

A hearing that began in July of last year for Milton’s first 40B application closed last night. The 3 member Board of Appeals, Chaired by Brian Hurley, deliberated briefly and ruled unanimously to grant the permit which will allow Carrick Realty to move forward with construction of a 57 unit apartment building at the site of the Hendries building. This is the first 40B development to be approved in Milton.

At the beginning of the session the Carrick team apprised the board of a letter received from John Thompson of the Milton DPW. Mr. Thompson wrote that the developer’s revised approach to storm water was feasible. The developer is proposing to run a pipe that will drain into Pine Tree Brook. It is our understanding that this approach is similar to one used by Milton Hill apartments that recently went up. The storm water management issue was the last outstanding item to be addressed. The board had no additional questions. Chair Hurley closed the hearing and the board members then deliberated. Chair Hurley was joined by Ted Daiber and Frank O’Brien in making the decision.

Mr. Hurley went first. He said it had “been a good process” and he thanked all the participants. He said the application “clearly met the jurisdictional requirements.” He then identified 4 areas of concern: parking, traffic, fire safety, and storm water management. With regard to traffic and parking he noted that those were pre-existing conditions and did not think the burden of those should be foisted on this applicant. While he recognized the problems presented he did not feel that they “outweighed the regional housing need.” He was satisfied with the storm water plan. With regard to the fire safety issue, he said the building would be fully sprinklered. He also cited the Sunderland case which can be found here. He concluded by again stating that “the regional housing need outweighs any particularized concern of the town . . .I will vote in favor.” Members Daiber and O’Brien essentially echoed Mr. Hurley’s opinion. It was agreed “that all storm water issues are solvable issues.” The applicant has agreed to apply to the DPW for the necessary permits.

The board voted unanimously to grant the permit and then did a review of the conditions to be attached to the decision. The board will meet again on March 10th to confirm the conditions and review the written opinion. Carrick will, along with the town, to continue their respective applications for demolition permits from the town. The meeting with the Conservation Commission is also on 3/10.