Merrimac zoning board denies proposal for 180 apartments, cites access, wastewater and wetland concerns

The Merrimac Zoning Board of Appeals voted 4-0 on Sept. 23, 2024, to deny a comprehensive-permit application from AA @ Merrimac Square, LLC to build 180 rental apartments on about 19.97 acres at 0 West Main Street.

The vote followed discussion of emergency access and utility capacity, as well as site changes proposed to protect wetland resources. Board member Josh Jackson moved to deny the application; Mitch Kostoulakos seconded. The roll call vote recorded yes from Josh Jackson, Mitch Kostoulakos, "Ben" (first name only in the record) and Matthew Passeri.

Why it matters: The proposal was filed under Massachusetts General Laws Chapter 40B and Merrimac’s zoning bylaw as an affordable-housing comprehensive permit. If approved, the project would have allowed construction of 180 rental units in two structures on land in the town’s Rural Highway Zone. The board’s action halts that permit process for the current submission and directs staff to prepare a written decision explaining its reasons.

Concerns cited: Board members and consultants raised multiple technical and public-safety issues. The board discussed making Currier Avenue an emergency-only access; members said the width and configuration of the entrance would require careful review. The meeting record says the Fire chief expressed interest in how to manage two single lanes at the entrance and in gate standards. Bob Sinibaldi flagged water-service and wastewater-capacity questions; the transcript records that comments "Per Haley and Ward" noted continuing wastewater-capacity concerns.

Wetland and site design changes: Consultant George Chadwick described plans for wetland replication and the relocation of wetlands, the addition of retaining walls and erosion-control measures. Chadwick said the project would not include a walking path and that the clubhouse footprint would be reduced so it could sit further from wetland resource areas; he also noted planned snow storage behind Building B.

Procedural outcome and next steps: After the vote, the board instructed Jay Talerman to draft the decision; the decision date was to be scheduled within 40 days. The board set a remote meeting for Oct. 22 to review the draft and then adjourned.

Administrative items: At the same meeting the board approved an invoice for SME for $700.40 and approved minutes from Dec. 5, 2023; those routine actions were recorded by unanimous voice votes.

What was not decided or specified: The transcript does not provide a full engineering analysis, the Fire chief’s name, a full last name for the board member recorded as "Ben," or a detailed wastewater-capacity report; those items were noted as outstanding. The record also does not specify final permit conditions because the board voted to deny the application. The applicant and property owner are recorded in the meeting as AA @ Merrimac Square, LLC and Kenoza Vending / Michael DerBogosian.

The board’s written decision is expected to detail the technical and legal bases for the denial; the draft will be reviewed at the Oct. 22 remote meeting.