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ZBA authorizes letter supporting temporary occupancy for market-rate units at 610 Salem Street amid state delay on affordable-unit regulatory agreement
Summary
The board authorized the chair to write the building inspector requesting additional temporary certificates of occupancy for market-rate units at 610 Salem Street while the state’s regulatory agreement for five affordable units is pending. Members emphasized not holding the owner economically ‘hostage’ by the state backlog.
The Wakefield Zoning Board of Appeals voted June 24 to authorize the chair to write a letter to the building inspector recommending issuance of additional temporary certificates of occupancy for the 30-unit project at 610 Salem Street while the state completes the regulatory agreement for the five affordable units.
Attorney Brian McGraill said the owner applied to the state on March 3 and that the state has been backlogged; the state recently approved the marketing plan and the lottery process has begun. McGraill asked the board to allow more temporary occupancies so completed market-rate units can be rented rather than remaining vacant and causing financial strain for the owner. He said 15 temporary certificates of occupancy had been issued previously and the owner requested authorization for additional temporaries to get market units rented.
Board members discussed the trade-off between holding paperwork until the regulatory agreement is recorded and the practical and financial effects of delaying occupancy. One member said the owner should not be "held economically hostage by the state," and the board agreed it could recommend issuance of additional temporary occupancy permits while reserving the right to withhold a permanent certificate of occupancy until the regulatory agreement is fully executed.
The motion to authorize the chair to write the building inspector passed unanimously. The board asked staff to coordinate with planning department staff (Marissa) and the building inspector so the lottery and marketing work for the affordable units can proceed without undue delay.
Next steps are administrative: the chair will draft the letter and staff will track the state regulatory agreement status; permanent occupancy for the five affordable units remains contingent on the state action and on recording of the regulatory agreement.
