At a hearing for a proposed condo development on Red Brook Road, officials expressed frustration with Chapter 40B, the law that allows developers to ignore some local zoning regulations as long as the town has less than 10 percent affordable housing. 

The proposed 20-unit Settler’s Glen condo complex could create material problems for the town, which is unable to deny the developer sewer access even though Wareham’s water treatment plant has a moratorium on new sewer hook-ups due to lack of capacity.

Zoning Board of Appeals member Chris Conti said he was unsure whether the board should grant a comprehensive permit, which includes sewer access, without the approval of the Sewer Commission. The commission has issued a moratorium on new sewer hook-ups until at least July.

Chairman Nazih Elkallassi said that the town had no choice but to grant sewer access to the project.

“So the town has to spend more money on our sewer system for this project,” Conti said. 

Elkallassi said that, although officials could fight it, the town likely has no way to deny the project sewer access.

“You kind of can’t say no to it… I personally don’t want to fight it. Let the sewer [department] fight it,” Elkallassi said.

Wareham will be able to say no to Chapter 40B projects when affordable housing, as designated by state law, makes up 10 percent of the town’s total housing stock.

Attorney Mark Bobrowski and Lynne Sweet, who spoke on behalf of the project, noted that it would add five units to the town’s stock of subsidized and affordable housing. Along with the Woodland Cove complex, also proposed for Red Brook Road, and the Littleton Drive development, Settler’s Glen would likely bring the town to the 10 percent threshold, Sweet said.

The ‘Settler’s Glen’ development would be composed of 10 duplexes to be built in a Cape Cod-style along a single cul-de-sac with sidewalks and off-street parking.

Half the units would have two bedrooms, while the other half would have three. All condos would include a two-car garage, a washer and dryer and two and a half bathrooms.

The development would not be age-restricted.

Five of the condos (four two-bedroom units and one three-bed unit) would be income-restricted to those earning 80 percent or less of the area median income. The income-restricted units would be priced at $271,500 for a two-bedroom and $301,700 for the three-bedroom unit.

Market rate units will likely sell for between $399,000 and $429,000. 

Several board members noted that there was no shared communal space on the property for kids to play in, but Sweet noted that each unit has a private outdoor space. 

Others expressed concerns that there would not be sufficient parking.

The hearing will continue on April 14.

Selectman Alan Slavin apologizes for his mischaracterization of some of the details of Chapter 40B.