To the Editor,
On Tuesday, August 16, 2022, the ZBA voted 5-0 to deny the Comprehensive Permit sought by Mr. Engler of SLV, LLC to develop Shingle Place Hill under M.G.L. c. 40B. The ZBA made the determination that there were no conditions that could be imposed to adequately protect the safety of the residents with the single access road, steep grade and retaining walls and to protect the environment in this environmentally sensitive area. After the edits we discussed Tuesday night are completed, we will file the Decision with the Town Clerk on August 30, 2022 and will post the final Decision to the Town website. The 20-day appeal period will expire on September 19, 2022 and we expect Mr. Engler will file an appeal with the Housing Appeals Committee (HAC) by that date. The Town will need to present its case to the HAC supporting the denial and why local needs outweigh the need for regional affordable housing.
It has been almost a year since the application for the Comprehensive Permit was filed with the Town Clerk. I want to thank all the residents, Town employees and Town Counsel who participated throughout the long process to provide information and support to the ZBA. I also want to thank MECT and CIMAH for hiring attorneys and experts to provide very useful information outside of the 40B mandated peer review process.
Finally, I want to thank the members of the ZBA who volunteered to be on the Board, never envisioning they would need to deal with a 40B Comprehensive Permit which required us to stand-in for all the other Boards in Town and learn their By-Laws and procedures. Instead of one meeting a month, we had three. During the 40B Public Hearing process no member could miss more than one meeting and continue to participate, but we did it!
It's time to sit back and relax and let the process, which heavily favors the developer, play out. All members of the ZBA feel firmly that we have strong grounds for a denial. Thanks again to everyone in Town for your support during this difficult process.
Sarah Mellish, ZBA Chair
Manchester
