Six out of the seven Manchester-By-The-Sea Zoning Board of Appeals members said they were leaning toward voting to deny the comprehensive permit for developer Geoffrey Engler at Wednesday afternoon’s meeting.
Engler is seeking a Chapter 40B comprehensive permit to build a 136-unit apartment complex off School Street, to be known as The Sanctuary at Manchester-by-the-Sea. The complex would be built on top of Shingle Place Hill and would include 34 affordable units.
ZBA Chair Sarah Mellish said the board had two basic options – to approve the permit with conditions and waivers or to deny the permit.
“If we deny the comprehensive permit,” said Mellish, “it is my understanding that … none of the conditions would be considered, even items that Engler has already agreed to.”
But, she said, if the board approved the permit with conditions, those conditions would be considered should Engler appeal the decision.
Mellish was the only member to say she was leaning toward approval with conditions but added that if it was the will of the ZBA to deny the permit, she was OK with that. A couple of members said they were leaning toward denial but would consider an approval with conditions.
George Pucci of the Town Counsel’s office, said that even if they approved the permit with conditions, the state’s Housing Appeals Committee could throw out some or all of the conditions.
But Pucci urged the ZBA to go its best instincts.
“Let us deal with any potential appeal when and if that happens,” said Pucci. “If there is substantial evidence on record to justify a denial of the permit then you should discuss that and reach a consensus on that.”
ZBA member Kathryn Howe said she had been considering this decision for months.
“I cannot see how we can place enough conditions on (the project) to make it a safe place for the town,” said Howe. “I’m worried about the environmental damage. I’m worried about public safety. I’m worried about whether it fits into the town.”
She added she was concerned about Engler not being able to finish the project due to the increased cost of everything.
“For all those reasons, I am leaning toward a denial,” said Howe.
Both ZBA members John Binieris and James Diedrich questioned the affordable house aspect of the project.
“We need quality safe affordable housing,” said Binieris, noting that the 34 units at The Sanctuary would be priced at 80 percent AMI (or area median income). “That is not affordable housing.”
Binieris also said because the lot for the project is 15 acres and appraised at $1.6 million, it’s a sign that the property is not unbuildable.
“We do need more affordable housing, but this is not going to provide it,” said Diedrich. “The people will be nowhere near the center of the village; they will be driving everywhere. The site is difficult at best. I feel we should deny it. … It’s not going to be a benefit to the town or to the residents that live there.”
The other concerns the members of the ZBA mentioned were:
“My feeling is this,” said James Mitchell, “Based on the overwhelming amount of evidence from the ConCom, from Traffic and Safety … those are two very huge issues that concern all of the citizens … I would be leaning toward a denial.”
The board asked Pucci to draw up a draft denial of the comprehensive permit, which they will go over at the board’s next meeting on Tuesday, August 16, at 6:30 p.m. At that meeting they will consider the draft denial and will be able to make additions and subtractions to it.
They will likely take the formal vote on the denial at a meeting after August 16. The board must render its decision by September 6.
