Ninety-day review window proposed for 40B modifications following Tiffany Road drainage concerns

Key Points

  • Board proposes 90-day review period for 40B permit modifications to prevent drainage failures
  • Tiffany Road drainage and icing issues cited as primary reason for stricter engineering oversight
  • Members express frustration over three-year delay of stormwater features at 136 Washington Street
  • Board authorizes nearly $1,000 in payments for engineering oversight on Washington Street projects
  • Proposal to adopt Conservation Commission stormwater rules met with skepticism from Chair Barbour

The Norwell Zoning Board of Appeals is moving to tighten oversight on affordable housing developments following a series of drainage and landscaping complications at the Tiffany Road project. During a Wednesday night business meeting, board members discussed a proposed rule change that would mandate a 90-day review period for modifications to 40B comprehensive permits, aiming to prevent late-stage engineering errors that can lead to hazardous neighborhood conditions.

Chair Lois Barbour highlighted the Tiffany Road development as the primary catalyst for the rule revision, citing the site's difficult environmental conditions. This was precipitated by Tiffany Road. It was a tight project with dense glacial till and a high water table, Barbour explained. She noted that after the initial permits were issued, owners wanted to add decks or patios, which impacts impervious surfaces and stormwater. These small changes, when compounded, can overwhelm local drainage systems if not properly vetted by town engineers.

Vice Chair Stephen Lynch expressed concern over the long-term impacts of such modifications, particularly regarding winter safety. I want to commend the Condo Owners Association for trying their best, but we had to bring them back to basics, Lynch remarked, cautioning that statements by real estate agents don't carry weight. You can't just remove trees and not expect a skating rink of ice on your street from the extra water. Lynch pushed for clearer definitions in the board's bylaws to ensure developers cannot bypass rigorous scrutiny during the amendment process.

Member Ralph Rivkind suggested that setting a hard minimum for review timelines would protect the town from being rushed into unsafe decisions. You could say 'sufficient' constituting at least 90 days, Rivkind proposed. You could put a minimum in there so someone doesn't argue that 25 days is sufficient. Associate Member Gregory Mathieu questioned if the current vague language served as a catch-all that lacked teeth. Is that why it's different for every situation? It doesn't box anyone into a specific timeframe, Mathieu noted.

The board is also grappling with a years-long delay involving a parking lot expansion at 136 Washington Street and Pond Street. Barbour informed the board that despite the project receiving approval over three years ago, a critical stormwater feature has yet to be confirmed as installed. I have been in touch with Jim Rader multiple times. He keeps saying a stormwater feature needed to be special ordered, but we've never had confirmation that it was completed. It's been literally years, Barbour said, adding that the board needs to resolve the matter before the upcoming retirement of the Building Commissioner.

In financial matters, the board authorized the settlement of outstanding engineering oversight costs. Motion Made by D. Senteno to authorize the payment of invoices for Pressure Construction in the amounts of $749 and $268 for work related to 25 Washington Street and 144-148 Washington Street. Motion Passed (5-0).

The board also briefly considered a request from the Conservation Commission to adopt its specific stormwater regulations to align the two bodies. However, Barbour voiced concerns that such a move might complicate the application process rather than simplify it. I'm unclear how adopting their rules helps the applicant, Barbour said. She noted that projects within the jurisdiction of the Conservation Commission are already required to meet those standards, and the ZBA should maintain its own focus on zoning and comprehensive permit requirements.

Administrative updates included the drafting of the board's annual report and the status of 48 Jacobs, which recently received an occupancy permit but has not yet seen its file officially closed. Associate Member Stephen Brake assisted in the evening's procedural business, noting the meeting's focus on internal policy rather than active development applications. Motion Made by L. Barbour to amend the evening's agenda to correct a typographical error regarding a December meeting date. Motion Passed (5-0).