Zoning Board Decision Looms On Swampscott Elm Place Proposal

SWAMPSCOTT, MA — The Swampscott Zoning Board of Appeals will meet once again Monday night in what could be the final public hearing before ZBA members render a decision on the proposed 40B affordable housing development.

WinnDevelopment agreed at the last public meeting on April 12 to extend the 180-day hearing window two additional weeks to allow for another public hearing and for the ZBA to consider new peer review information regarding sewer, open space and other outstanding issues. But the ZBA must close the hearing on the 120-unit housing development by June 14 — which it could vote to do on Monday — and decide whether to support the project within 40 days of when the public hearing is closed.

"The record is clear," WinnDevelopment said in a letter to the Zoning Board this week. "The development team has patiently listened to the community and thoughtfully adjusted the proposal to meet concerns and demands at every step, even as construction costs skyrocketed.

"The current plan, with proposed conditions, is not only legally appropriate for the site but also has been endorsed by the town’s own peer review experts."

While peer review and Fire Chief Graham Archer have signed off on many of the traffic, parking and public safety concerns about which the ZBA can vote to deny a special permit to a state-approved 40B affordable housing development, opposition remains both from nearby residents and town officials.

Town Administrator Sean Fitzgerald sent a letter to the ZBA prior to the last public meeting urging members to deny the special permit because he said the 120-unit complex that ranges from three to five stories high is simply too big and dense for that neighborhood.

"Both the Massachusetts Department of Housing and Community Development and the town’s own peer review experts have determined that the scale and density of this project are appropriate for the location and that the proposed design aligns well with the residential context of the neighborhood and the town," WinnDevelopment countered in its response to the ZBA. "While we understand that some in the community would prefer no development at all or a much smaller project, the scale and density of this project have been deemed as suitable for the location within the parameters of Chapter 40B."

Developers trimmed the building size from the 128 units first proposed to 120, and added some additional parking, but they have argued that only a building of a similar size will allow them to financially build a complex that satisfies the "essential town need" of adding more affordable housing.

Swampscott has an inventory of 3.7 percent affordable housing — which is well below the 10 percent necessary to prevent developers from seeking 40B allowances that allow them to avoid many local zoning bylaws. WinnDevelopment has proposed that 49 of the 120 units be priced at a below-market rate, which is well above the 40B's statute requirement of 20 percent.

According to state statute, all 120 units would then count toward the town's inventory of affordable housing — bringing the town's percentage of affordable housing close to 7 percent.

Eighty-four of the 120 units — 70 percent of the units — are one-bedroom or studio apartments.

"We have been engaging with the community and town officials since October 2020 through numerous public and private meetings with abutters, citizens, civic groups, town officials, governmental agencies, and town peer review experts," WinnDevelopment said in the ZBA letter. "The numerous changes and adjustments we have made to the Elm Place proposal are well documented. The development team has done its best to patiently address every concern, whenever possible, including the objections cited by the Select Board.

"We have gone more than halfway to demonstrate the value of this development and our commitment to be a conscientious, long-term member of the Swampscott community."

Monday's meeting will be held in person at Swampscott High School. Zoom participation is also available here.

(Scott Souza is a Patch field editor covering Beverly, Danvers, Marblehead, Peabody, Salem and Swampscott. He can be reached at Scott.Souza@Patch.com. Twitter: @Scott_Souza.)